Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to amendments filed on 10/06/2025. Claims 22-27, 29-30, 32-34, 37, 40, and 42-44 are pending. As necessitated by the amended language, the previous 35 USC 112(f) claim interpretation is withdrawn.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/19/2025 has been entered.
Drawings
The replacement drawings for figs. 19-24 were received on 10/06/2025. These drawings are unacceptable. Replacement figs. 19-24 are not entered because they contain new matter (e.g. reference numbers 15 and 18 in each figure). Reference numbers 15 and 18 correspond to new matter structure from newly filed specification amendments on 10/06/2025 and claimed new matter structure from newly amended claims filed on 10/06/2025 (refer to Specification and 35 USC 112 section(s) below for details). Applicant is required to remove the reference numbers 15 and 18 from the figures 19-24 accordingly.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure filed on 01/06/2021 is objected to because line 1 recites “Disclosed herein…”. As stated in 608.01(b).I.C. the language of the abstract should be clear and concise and should avoid using phrases which can be implied, such as, “the disclosure concerns,” “this disclosure describes,” etc. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Further, the amendment filed 10/06/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: pp. [0045] amended to include “As shown, the upper and lower shoe pins 18 are quick-release pins, each including a press-button release 15.” and pp. [0048] amended to include “As shown, the upper and lower shoe pins 18 are quick-release pins, each including a press-button release 15.” The Examiner notes the originally filed specification on 01/06/2021 does not recite the upper and lower shoe elongated elements to be defined as quick-release pins, each including a press-button release.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 22-27, 29-30, 32-34, 37, 40, and 42-44 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 22 was amended to recite “wherein the upper shoe pin is a quick-release pin including a press-button release” and “wherein the lower shoe pin is a quick-release pin including a press-button release” which is not supported by applicant’s disclosure. In the Remarks, the applicant does not recite a specific area (col., line, page, and/or paragraph) of the originally filed disclosure that supports the amendments. Though the Examiner notes a newly amended specification was filed in this response on 10/06/2025 for amendments to pp. [0045] and [0048], the amended language is the same of the newly amended claims reciting New Matter structure (“the upper and lower shoe pins 18 are quick-release pins, each including a press-button release 15.”), which further supports the New Matter rejection as this quick-release and press-button structure was not disclosed in the originally filed disclosure on 01/06/2021. Therefore, the recitations introduce New Matter, and it does not appear that applicant had possession of the claimed invention at the time the application was filed.
Claims 23-27, 29-30, 32-34, 37, 40, and 42-44 are rejected accordingly under 35 USC 112(a) since they are dependent on claim 22.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 22-27, 29-30, 32-34, 37, 40, and 42-44 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “quick-release” in claim 22 (two instances, ll. 7 and 13) is a relative term which renders the claim indefinite. The term “quick-release” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In claim 22, the upper and lower shoe pins are indefinite by the user of “quick-release” in the claim. It is not clear to the Examiner the corresponding shape, size, and/or structure that define the quick-release pin as this term is not commonly known. Therefore, the quick-release pin is indefinite because a person skilled in the art cannot ascertain what are the metes and bounds of the “quick-release” structure for which the applicant seeks protection. For examination purposes and as best understood from disclosure, the upper and lower pins are removable pins in order to interchange the upper and lower shoes.
Claims 23-27, 29-30, 32-34, 37, 40, and 42-44 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 22.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 22, 25-26, 37, and 43-44 are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025.
Regarding claim 22, as best understood, Wong (US Patent No. 6,893,012) discloses a clamping apparatus (figs. 1-2) comprising:
an upper jaw structure (when clamping apparatus is used in a position upside-down in view of fig. 1, which is a position in which the clamp is able to be utilized since item 11 is an optional component, item 1 is defined as upper jaw; fig. 1) having a hinge end (end at item 15; figs. 1-2) and an upper jaw clamp end (item 17; fig. 1; col. 4, ll. 1-5), the upper jaw clamp end including first holes (defined as holes through plates 2, 3 in which item 19 inserts through; fig. 2) and an upper shoe pin (item 19; figs. 1-2) extending through the first holes (fig. 1), the upper jaw clamp end further including an upper shoe (item 18; figs. 1-2) attached to the upper jaw clamp end with the upper shoe pin (col. 4, ll. 1-5);
a lower jaw structure (when clamping apparatus is used in a position upside-down in view of fig. 1, which is a position in which the clamp is able to be utilized since item 11 is an optional component, item 4 is defined as the lower jaw; fig. 1) having a hinge end (defined as end near item 12) and a lower jaw clamp end (item 23; fig. 1; col. 4, ll. 31-35), the lower jaw clamp end including second holes (defined as holes through plates 5, 6 in which item 25 inserts through; fig. 2) and a lower shoe pin (item 25; figs. 1-2) extending through the second holes (fig. 1), the lower jaw clamp end further including a lower shoe (item 24; figs. 1-2) attached to the lower jaw clamp end with the lower shoe pin (col. 4, ll. 31-35);
a hinge having a hinge elongated element (item 12; figs. 1-2), the hinge located at the hinge ends of the upper and lower jaw structures such that the lower jaw structure is attached to the upper jaw structure in a pivotable manner at the hinge elongated element (col. 3, ll. 58-61), wherein the hinge connection is cylindrical (item 12 is cylindrical pin structure; fig. 2) to facilitate rotation of the lower jaw structure with respect to the upper jaw structure (as hinge is activated via rotation of items 7, 10, the hinge connection is capable of rotating the lower jaw structure 4 relative to the upper jaw structure 1; col. 4, ll. 41-48); and
an elongated element (item 7; figs. 1-2) threadably attached to the upper jaw structure between the hinge end and the clamp end of the upper jaw structure (item 7 is a threaded rod extending between hinge end 15 and clamp end 14 of upper jaw 1 via intermediate components, i.e. item 14; similar to applicant’s disclosure; figs. 1-2; col. 3, ll. 63-65), wherein rotation of the elongated element in a first direction causes the clamp end of the upper jaw structure to move closer to the clamp end of the lower jaw structure (rotating handle 10 of the elongated element 7 in a first direction, i.e. clockwise direction, will cause the upper jaw structure 1 to be positioned closer to the lower jaw structure 4; col. 3, ll. 8-12), wherein rotation of the elongated element in a second direction that is opposite to the first direction causes the clamp end of the upper jaw structure to separate from the clamp end of the lower jaw structure (rotating handle 10 of the elongated element 7 in an opposing direction, i.e. counterclockwise direction, will cause the separation of the upper jaw structure 1 and lower jaw structure 4; col. 3, ll. 8-12).
Wong discloses the shoes are configured for attachment of different design pads (e.g. shoes) of different sizes with unique features for various applications via screw accessories (via holes 21, 22 on upper shoe and via holes 29, 30 on lower shoe; col. 4, ll. 8-11 and ll. 19-22); however, Wong does not explicitly disclose the upper shoe pin being removable from the upper jaw structure to facilitate replacing the upper shoe, the lower shoe pin being removable from the lower jaw structure to facilitate replacing the lower shoe, wherein the upper shoe pin and the lower shoe pin are quick-release pins including a press-button release, and wherein the clamp ends of each jaw structure are modular to facilitate multiple applications via the use of the upper and lower shoe pins extending through the first and second holes respectively to facilitate removing and replacing the upper and lower shoes without the necessity of additional tools to enable interchanging the upper shoe and the lower shoe with at least one additional shoe.
However, DE10129131 (DE ‘131) teaches a clamping apparatus comprising a first jaw (left side item 7 in view of fig. 1) having a clamp end (left side item 6 in view of fig. 1) including a first pin (left side item 4 in view of fig. 1); a second jaw (right side item 7 in view of fig. 1) having a clamp end (right side item 6 in view of fig. 1) including a second pin (right side item 4 in view of fig. 1),
wherein the first jaw includes a first shoe (left side item 1 in view of fig. 1) attached at the clamp end via the first pin and the second jaw includes a second shoe (right side item 1 in view of fig. 1) attached at the clamp end via the second pin, the first pin being removable from the first jaw to facilitate replacing the first shoe (pp. [0017], [0024-0025] in NPL; left side item 4 is detachable from jaw structure to easily change out first shoe with a different shoe, fig. 3), the second pin being removable from the second jaw to facilitate replacing the second shoe (analogous structure to first shoe; pp. [0017], [0024-0025] in NPL; right side item 4 is detachable from jaw structure to easily change out, i.e. replace, second shoe with a different shoe of different grip surface; fig. 3),
wherein the first pin and the second pin are quick-release pins (pp. [0006] and [0017-0018]; pins 4 are defined as quick-change) including press-release buttons (pp. [0024]; pins 4 are removed by pressing a button);
wherein the clamp ends of the first and second jaws are modular (via pins, i.e. items 4, 9, 14, 16, 17; figs. 3, 7-8; pp. [0024] in NPL) to facilitate multiple applications via the use of the first and second elongated elements extending through first and second holes (pins 4 extend into the page, in view of fig. 1, to extend through first and second holes, i.e. items 5 on left and right side; figs. 1-3) of the jaws to facilitate removing and replacing the upper and lower shoes without the necessity of additional tools (pp. [0003], [0024-0025] in NPL) to enable interchanging the first and second shoes with at least one additional shoe (pp. [0017-0018] in NPL), wherein a first of the at least one additional shoe is interchangeable with the first shoe (first shoe 1 is exchangeable for a different shoe with a different gripping structure; first additional shoe not explicitly shown; pp. [0017] in NPL), and a second of the at least one additional shoe interchangeable with the lower shoe (similar to first shoe; second shoe 1 is exchangeable for a different shoe with a different gripping structure; second additional shoe not explicitly shown; pp. [0017] in NPL).
Both Wong and DE’131 teach mechanisms for providing different tool interfaces for multiple applications (i.e. different shoe clamping surfaces) within a singular clamping apparatus. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the screw mechanism which attaches additional shoe designs to the surface of the upper and lower shoes, as disclosed in Wong, with the quick-change mechanism which interchanges (i.e. replaces) the upper and lower shoes with new additional shoes via the removable pins, as disclosed in DE ‘131, to achieve the predictable result of replacing or exchanging clamping shoe surfaces with a different gripping structure and/or surface (pp. [0017] in NPL of DE’131) to increase the utility of a singular clamping apparatus.
Regarding claim 25, Wong as modified discloses the clamping apparatus as claimed in claim 22, wherein the upper jaw structure further comprises: a first parallel plate (item 2; fig. 2), and a second parallel plate (item 3; fig. 2), the second parallel plate fixedly coupled to the first parallel plate such that the second parallel plate is spaced apart from the first parallel plate (via item 9; col. 3, ll. 46-60; figs. 1-2); and
wherein the lower jaw structure further comprises: a first parallel plate (item 5; fig. 2); and a second parallel plate (item 6; fig. 2), the second parallel plate fixedly coupled to the first parallel plate such that the second parallel plate is spaced apart from the first parallel plate (via item 13; col. 3, ll. 50-54; figs. 1-2).
Regarding claim 26, Wong as modified discloses the clamping apparatus as claimed in claim 25, wherein the first parallel plate and the second parallel of the upper jaw structure are parallel to each other (fig. 1; col. 5, ll. 17-23); and wherein the first parallel plate and the second parallel plate of the lower jaw structure are parallel to each other (fig. 1; col. 5, ll. 17-23).
Regarding claim 37, Wong as modified discloses the clamping apparatus as claimed in claim 22, but does not explicitly disclose wherein at least one of the upper and lower jaw structure is replaceable with another jaw structure shaped to permit clearance around obstacles.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have one of the upper and lower jaw structures be removable for maintenance and repair, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Please note that in the instant application (all pages), the applicant has not disclosed any criticality for the claimed limitations.
Regarding claim 43, Wong as modified discloses the clamping apparatus as claimed in claim 25, wherein the upper shoe is defined between the first parallel plate and the second parallel plate of the upper jaw structure when attached to the upper jaw structure (portion of upper shoe, i.e. item 10 in DE’131, is disposed between first and second parallel plates of upper jaw structure in order to secure via interchangeable pin mechanism which extends across both first and second plates of upper jaw), and wherein the lower shoe is defined between the first parallel plate and the second parallel plate of the lower jaw structure when attached to the lower jaw structure (portion of lower shoe, i.e. item 10 in DE’131, is disposed between first and second parallel plates of the lower jaw in order to secure via interchangeable pin mechanism which extends across both first and second plates of lower jaw).
Regarding claim 44, Wong as modified discloses the clamping apparatus as claimed in claim 22, wherein the press-button release of the upper shoe pin is located outside a width (defined as width, i.e. space, between first parallel plate and second parallel plate of upper jaw) defined by the upper jaw (pin 4, as modified from DE’131, extends across the first and second parallel plates, corresponding to plates in Wong, and protrude beyond the outer sides in order for user to remove the pins, pp. [0024] and fig. 8 in DE’131), and wherein the press-button release of the lower shoe pin is located outside a width (defined as width, i.e. space, between first parallel plate and second parallel plate of lower jaw structure) defined by the lower jaw (similarly to upper jaw; pin 4, as modified from DE’131, on lower jaw extends across the first and second parallel plates of the lower jaw, corresponding to plates in Wong, and protrude beyond the outer sides in order for user to remove the pin, pp. [0024] and fig. 8 in DE’131).
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, and further in view of Goff (US Patent No. 4,183,512).
Regarding claim 23, Wong as modified discloses the clamping apparatus as claimed in claim 22, wherein the upper and lower jaw structures are movably coupled to one another via elongated element 7 with quick-release button 16 (fig. 1), wherein the elongated element is threadably engaged with a nut of the upper jaw structure (item 33 includes a threaded hole 35 in which elongated element inserts through; figs. 1 and 3).
Wong does not explicitly disclose a safety stop attached to an end of the elongated element which is threadably engaged with nuts of the upper and lower jaw structures, wherein the safety stop prevents the distance between the elongated element and the hinge from getting smaller than a predetermined distance.
However, Goff (US Patent No. 4,183,512) teaches an analogous clamping apparatus comprising an upper jaw structure (when clamping apparatus is used in a position upside-down in view of fig. 1, which is a position in which the clamp is able to be utilized, item 12 is defined as an upper jaw; fig. 1; corresponding to upper jaw structure in Wong), a lower jaw structure (similarly, when clamping apparatus is used in a position upside-down in view of fig. 1, which is a position in which the clamp is able to be utilized item 20 is defined as the lower jaw structure; fig. 1; corresponding to lower jaw structure in Wong), a hinge (item 40, 44; fig. 1) pivotably connecting the upper and low jaw structures; an elongated element (item 80; fig. 1) threadably attached to the upper jaw structure (elongated element is a threaded element; fig. 2), wherein rotation of the elongated element in a first direction causes the lower jaw to move closer to the upper jaw structure (col. 4, ll. 20-26), wherein rotation of the elongated element in a second direction causes the lower jaw structure to separate from the upper jaw structure (col. 4, ll. 26-31); and a safety stop (defined as right side end of item 80 in view of fig. 2, i.e. near item 92) attached to an end of the elongated element which is threadably engaged with nuts (items 50, 86; figs. 2 and 5) of the upper and lower jaw structures, wherein the safety stop prevents the distance between the elongated element and the hinge from getting smaller than a predetermined distance (item 92 prevents elongated element 70 from moving past a specific distance; col. 3, ll. 67 through col. 4, ll. 19).
Both Wong and Goff teach threaded elongated member structures designed to move the lower jaw structure relative to the upper jaw structure when clamping a workpiece. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the threaded elongated element with quick-release button, as disclosed in Wang, with the threaded elongated element with clutch mechanism, as taught in Goff, to achieve the predictable result of applying efficient pressure on the workpiece by moving the lower jaw structure closer to the upper jaw structure via an elongated element and easily disengaging the workpiece by moving the lower jaw structure away from the upper jaw structure via the elongated element.
Regarding claim 24, Wong as modified discloses the clamping apparatus as claimed in claim 23, wherein the safety stop is extending below the lower jaw structure (Goff; when apparatus is used in the upside-down position of fig. 1, which is a position in which the clamp is able to be utilized, the safety stop extends lower than the lowermost edge of lower jaw structure 20, i.e. item 22; corresponding to lowermost edge of lower jaw structure in Wong) to provide clearance for a safety stop hole (Goff; defined as through hole which item 92 inserts through; fig. 1).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, and further in view Chuang (US Patent No. 8,794,612).
Regarding claim 27, Wong as modified discloses the clamping apparatus as claimed in claim 22, but does not explicitly disclose wherein the upper shoe and the lower shoe are cube shaped shoes.
However, Chuang (US Patent No. 8,794,612) teaches a clamping apparatus comprising an upper jaw structure (item 22) having a hinge end and an upper jaw clamp end (item 21), an upper shoe (item 211; fig. 4) attached to the upper jaw clamp end; a lower jaw structure (item 10) having a hinge end and a lower jaw clamp end (item 11), a lower shoe (item 111) attached to the lower jaw clamp end; and a hinge (includes items 30, 31, 32, 322, 50; fig. 4) such that the lower jaw structure is attached to the upper jaw structure in a pivotable manner; wherein the upper shoe and the lower shoe are cube shaped (items 111 and 211 are cube shaped and pivotable about shoe elongated elements) and comprise multiple frictional surfaces to be interchangeable (i.e. pivotable about their respective shoe elongated elements) when clamping an article.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper and lower shoes, as disclosed in DE ‘131, to be cube-shaped with multiple frictional surfaces on each surface of the cube, as taught in Chuang, in order for the shoes to clamp an external article with suitable friction patterns between the two shoes (i.e. upper and lower shoes; Chuang; col. 4, ll. 30-35) and be exchanged for a different frictional surface, as needed.
Claims 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, Chuang (US Patent No. 8,794,612), and further in view of Casler (US Patent No. 4,181,392).
Regarding claim 29, Wong as modified discloses the clamping apparatus as claimed in claim 27. Though Wong in view of DE ‘131 discloses interchangeable shoes, neither Wong or DE ‘131 disclose wherein at least one of the first and the second of the at least one additional shoe is a conduction shoe (similar to applicant’s disclosure, “conduction shoe” is an electrically conducted shoe).
However, Casler (US Patent No. 4,181,392) teaches a clamping apparatus comprising an upper jaw structure (item 11) including an upper shoe (item 29); a lower jaw structure (item 12) including a lower shoe (item 30; fig. 1); a hinge (item 17) attaching the upper jaw structure in a pivotable manner to the lower jaw structure; wherein at least one shoe is a conduction shoe (item 29; capable of electrical conduction and transferring electrical current to various surface, i.e. rounded, square, etc.).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first and second of the at least one additional shoe, as disclosed in Wong in view of DE ‘131, to be a conduction shoe, as taught in Casler, in order to establish an electrically conductive connection to a piece of equipment (i.e. external article being clamped) where there is a relatively heavy current to be carried, or an assured low resistance connection is needed through insulating coatings or containments (Casler; col. 4, ll. 66 through col. 5, ll. 7).
Regarding claim 30, Wong as modified discloses the clamping apparatus as claimed in claim 29, further comprising at least one wire guide (Casler; includes items 35, 36, 37; fig. 1) attachable to the upper jaw (Casler; wire guide connects to upper jaw 11 via item 36 within the wire guide), the at least one wire guide configured to guide at least one wire from a back of the clamping apparatus proximate the hinge to the conduction shoe (Casler; wire guide is capable of guiding at least one wire, i.e. item 43, from back of clamp which is closest to hinge 17 towards the conduction shoe 29; fig. 2).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, Chuang (US Patent No. 8,794,612), and further in view of Marogg (US Patent No. 1,947,607).
Regarding claim 32, Wong as modified discloses the clamping apparatus as claimed in claim 27. Though Wong in view of DE ‘131 discloses interchangeable shoes, neither Wong or DE ‘131 disclose wherein at least one of the first and the second of the at least one additional shoe includes an elongated flat profile with mount shoe hole.
However, Marogg (US Patent No. 1,947,607) teaches a clamping apparatus comprising an upper jaw structure (item 17) including an upper shoe (item 19) attached to an upper clamp end; a lower jaw structure (item 11) including a lower shoe (item 12) attached to a lower clamp end, and a hinge (item 21; figs. 1-2), wherein the lower jaw structure is attached to the upper jaw structure pivotable manner about the hinge (figs. 1-2), and wherein the lower shoe includes an elongated flat profile (defined along face of shoe, i.e. face that comes in contact with external article being clamped, items 13 and 14) with a mount shoe hole (defined as mount hole through which item 15 inserts into shoe to mount onto lower clamp end of lower jaw structure; fig. 1).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first and second of the at least one additional shoe, as disclosed in Wong in view of DE ‘131, to include an elongated flat profile with mount shoe hole, as taught in Marogg, in order to apply sufficient clamping pressure when the shoes have been brought into engagement with an external article and securely clamp the external article with the shoes without danger of the article being dislodged when pressure is applied thereto (Marogg; col. 1, ll. 1-10 and col. 2, ll. 44-48).
Claims 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, Chuang (US Patent No. 8,794,612), and further in view of Cross (US Patent No. 11,286,967).
Regarding claim 33, Wong as modified discloses the clamping apparatus as claimed in claim 27. Though Wong in view of DE ‘131 discloses interchangeable shoes, neither Wong or DE ‘131 disclose wherein at least one of the first and the second of the at least one additional shoe is configured to attach with and extend between the clamping apparatus and a second clamping apparatus.
However, Cross (US Patent No. 11,286,967) teaches a clamping apparatus (item 10A; fig. 1) comprising an upper jaw structure (includes items 20, 26; fig. 2) having a hinge end and an upper clamp end (near item 30); a lower jaw structure (includes items 22, 24) having a hinge end and a lower clamp end (near item 31); and at least one interchangeable shoe (item 12), wherein the at least one shoe is configured to attached with and extend between the clamping apparatus and a second clamping apparatus (item 10B; figs. 1 and 4).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first and second of the at least one additional shoe, as disclosed in Wong in view of DE ‘131, to be configured to extend and connect to a second clamping apparatus, as taught in Cross, in order for the user to utilize an additional clamping apparatus, if needed, to apply force evenly in multiple directions so as not to warp, bow, or otherwise damage the material placed within the clamp system (Cross; col. 1, ll. 5-11 and ll. 38-43).
Regarding claim 34, Wong as modified discloses the clamping apparatus as claimed in claim 33, wherein the additional shoe is a curved shoe (Cross; at least one additional shoe 12 includes curve portions within the structure, i.e. 12G; figs. 2-3).
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, and further in view Christensen (US Patent No. 9,737,976).
Regarding claim 40, Wong as modified discloses the clamping apparatus as claimed in claim 22. Though Wong in view of DE ‘131 discloses interchangeable shoes, neither Wong or DE ‘131 disclose wherein at least one of the first and the second of the at least one additional shoe is increases or decreases a distance between the upper and/or lower jaw structures and a clamped object to provide clearance relative to the upper show or lower shoe replaced by the at least one of the first and the second of the at least one of the first and the second of the at least one additional shoe.
However, Christensen (US Patent No. 9,737,976) teaches a clamping apparatus (fig. 1) comprising an upper jaw structure (item 2; fig. 1) including an upper shoe (item 3; fig. 1) attached via an elongated element (through item 12, 13), a lower jaw structure (fig. 1) including a lower shoe (item 8; fig. 1) attached via elongated element; wherein the upper and lower shoe are capable of increasing and decreasing a distance between the opposing jaw structure (i.e. upper shoe increases and decreases relative to lower jaw structure and vice versa) to provide clearance relative to the opposing shoe (shoe 3 tilts with respect to lower jaw via slot 12; col. 3, ll. 35-43; fig. 2).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first and second of the at least one additional shoe, as disclosed in Wong in view of DE ‘131, to include a slot in order to increase or decrease the at least one additional relative to the opposing jaw structure (i.e. upper or lower jaw structure), as taught in Christensen, in order to clamp differently sized and shaped workpieces with less damage (Christensen; col. 1, ll. 38-41).
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), as provided by the Examiner in Office action filed on 03/24/2025, and further in view of Domenge (US Patent No. 6,389,936).
Regarding claim 42, Wong as modified discloses the clamping apparatus as claimed in claim 22. Though Wong in view of DE ‘131 discloses interchangeable shoes, neither Wong or DE ‘131 explicitly disclose at least one of the first and the second of the at least one additional shoe is angled or curved to facilitate holding rounded objects.
However, Domenge (US Patent No. 6,389,936) teaches a clamping apparatus comprising an upper jaw structure (includes items 9, 10, 12, 14; fig. 2), a lower jaw structure (includes items 17, 18, 19; fig. 2), an upper shoe (item 16) attached to an upper jaw clamp end on the upper jaw structure, a lower shoe (item 21) attached to a lower jaw clamp end on the lower jaw structure; and a hinge (item 23) such that the lower jaw structure is attached to the upper jaw structure in a pivotable manner; wherein the upper and lower shoes are angled pipe shoes (shoes 16, 21 include v-shaped notch, i.e. item 4; fig. 1).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify at least one of the first and second of the at least one additional shoe, as disclosed in Wong in view of DE ‘131, to include a v-shaped notch, as taught in Domenge, in order to permit a strong gripping force to be applied to the clamped external article and effectively engage and rotate the external article (i.e. fastener; Domenge, col. 2, ll. 4-7 and ll. 12-16).
Response to Arguments
Applicant’s arguments with respect to claim 22, in view of the prior art of record, Wong (US Patent No. 6,893,012) in view of DE 10129131 (DE ‘131), have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of the same references, Wong in view of DE’131, and addressing the newly amended limitations.
However, in regard to the argument that DE’131 “employs a fundamentally different mechanism that is problematic for the intended use. DE’131’s system relies on a spring-loaded ball detent mechanism where the system can be overcome by ‘applying a corresponding deliberate release force to the pin 4 in the direction of the axis x-x’…critically, DE’131’s spring-loaded ball detent system is inherently problematic because any horizontal force on the pin during clamping operation will cause the pin to disengage and disconnect through the holes, thereby causing the shoes to fall off the clamp. This creates a safety hazard and operational failure during use.” (p. 14 of Remarks), the Examiner respectfully disagrees. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, i.e. quick-release pin including a press-release button in order to facilitate removing and replacing the upper and lower shoes without the necessity of additional tools to enable interchanging the upper shoe and the lower shoe, then it meets the claim. Therefore, the use of DE’131 for the quick-release pins to interchange and remove the upper and lower shoes remains relevant for the amended claims.
Lastly, the same teaching references from Final Rejection filed on 03/24/2025, Chuang (US Patent No. 8,794,612), Casler (US Patent No. 4,181,392), Marogg (US Patent No. 1,947,607), Cross (US Patent No. 11,286,967), Wirth (US Patent No. 6,685,176), Domenge (US Patent No. 6,389,936), are utilized in the above rejection(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE19802287, translation and originally filed document provided by Examiner, discloses a clamping apparatus comprising a first jaw structure, a second jaw structure, and at least one interchangeable/replaceable shoe on the first and/or second jaw structure.
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/SIDNEY D FULL/Examiner, Art Unit 3723