DETAILED ACTION
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 .
Status
In response to the amendment filed on 10/17/2022, claims 1-2 and 4-6 have been amended. Claim 3 has been cancelled. Claims 1-2 and 4-6 are pending and under examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the movable clamp jaw capable of moving in any directions on universal planes including horizontal, vertical and all kind of oblique directions must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed on 10/17/2022 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:
The amended specification describes the claim jaw along with the clamp jaw pad is capable of rotating in any direction (para. [0005], [00014], and [00020]). But the specification, while being examined along with the drawings, does not support how the clamp jaw is capable of rotating in any direction. Previously, the applicant disclosed the clamp jaw can simply rotate 360 degrees. The applicant especially disclosed, in para. [00020], that the clamp jaw rotates around a connecting shaft in any direction. It means that the clamp jaw can rotate only in one direction, most likely in a vertical direction. (The examiner defines a horizontal direction such that the movable clamp arm 4, in fig. 1, can slide along a horizontal direction, and the vertical direction is perpendicular to the horizontal direction, parallel to the trigger and the handle) As seen in figs. 2 and 3, two arms of the clamp jaw 3 having circular connecting ends are to be inserted through a slot (although the slot is not disclosed in the specification, the slot can be seen in fig. 2 and photos submitted in the applicant arguments/remarks submitted on 10/17/2022) disposed at an end of the clamp arm 1, 4 to be mated with the semi-spherical groove 201. When the connecting ends of the clam jaw and the semi-spherical groove are connected, the body of the clamp arm 1, 4 would interfere any motion of the clamp jaw 3 other than the vertical direction. Therefore, the added disclosure that the clamp jaw is capable of moving in any direction is not supported by the original disclosure.
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.
Claims 1, 2, and 4-6 are 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 1 recites, inter alia, “the movable clamp jaw is capable of moving together with the clamp jaw pad in any directions on universal planes including horizontal, vertical and all kind of oblique directions.” As set forth above, these limitations are not supported in the originally filed specification (see Objection to the Specification above). Therefore, the recitation is considered to be New Matter.
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 1-6 are 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.
In claim 1, ln 14-15, the phrase “the movable clamp jaw is capable of moving … in any directions on universal planes including horizontal, vertical and all kind of oblique directions” renders the claim vague and indefinite because the claim fails to define an origin of planes in describing horizontal, vertical, and other directions. The claimed directions are not defined with respect to any structure or plane. Therefore, one of ordinary skill in the art would not be able to ascertain the horizontal or vertical direction. In addition, the oblique direction and the universal planes are not described in the specification.
Despite the claim language, the specification does not explain how the clamp jaw can move in any direction other than the vertical direction (please refer to the examiner’s definition of the vertical direction in the specification objection) when the clamp jaw is connected to the clamp arm.
Furthermore, the entire ratchet woodworking clamp can be moved in any direction when it is not in use. Because the applicant failed to provide a reference frame to define directions, one of ordinary skill in the art may assume the ratchet woodworking including the clamp jaw and the clamp jaw pad can move in horizontal, vertical, and all kinds of oblique directions.
For examination purposes the examiner has interpreted the entire ratchet woodworking clamp comprising the movable clamp jaw and the clamp jaw pad is capable of moving in horizontal, vertical, and any other directions when the tool is not in use.
Claims 2-6 inherit the above deficiency by nature of their dependency.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strauss et al. (US 7,984,895), hereinafter Strauss.
Strauss discloses, in figs. 1 and 4, a ratchet woodworking clamp (bar clamp 10) with two universal adaptive clamp jaws (fig. 2, two jaws on each of a movable jaw assembly 12 and a fixed jaw assembly 22), comprising
(as to claim 1) a fixed clamp arm (fixed jaw assembly 22) and a movable clamp arm (movable jaw assembly 12),
the fixed clamp arm and the movable clamp arm being both provided with an arc-shaped notch (see a notch in annotated Strauss fig. 4 below), and the arc-shaped notch being matched and connected with a movable clamp jaw (annotated Strauss fig. 4 below, the notch is matched and connected with pivotable jaw 104), wherein,
a middle portion of the arc-shaped notch is provided with a semi-spherical or spherical groove recessed inwardly (annotated Strauss fig. 4 below, pin 108 is part of the movable jaw assembly 12. It is disposed in the middle of the notch and it has a spherical groove),
one side of the movable clamp jaw is a circular connecting end (fig. 4, flange 106), which is matched and connected with the arc-shaped notch (fig. 4, the flange 106 is matched and connected with the notch through the pin 108), and the circular connecting end is provided with a semi-spherical convex structure, which is matched and connected with the groove in the middle portion of the arc-shaped notch (annotated Strauss fig. 4 below, an end of the flange 106 is a semi-spherical convex structure and it is matched and connected with the groove of the pin 108 in the middle portion of the notch);
a clamp jaw pad is mounted on the other side of the movable clamp jaw (annotated Strauss fig. 4 below, pad 117 is mounted on the jaw 104 on a side where it may make a contact with a wooden block to clamp it); and
the movable clamp jaw is capable of moving together with the clamp jaw pad in any directions on universal planes including horizontal, vertical, and all kind of oblique directions (fig. 1, as explained in 112(b) rejection above, an entire bar clamp 10 comprising the jaw 104 and the pad 117 is capable of moving in any direction when it is not in use)
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Annotated Strauss Figure 4
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Annotated Strauss Figure 3
wherein (as to claim 2) a gap exists between the movable clamp jaw and a periphery of the arc-shaped notch (see annotated Strauss fig. 3 above, a gap exists between the jaw 104 and a periphery of the notch because the flange 106 can rotate about the pin 108 of the notch);
wherein (as to claim 4) a bottom portion of the clamp jaw pad moves along the fixed clamp arm and the movable clamp arm (see annotated Strauss fig. 16 below. Bottoms of the extended jaw face 12c, 22c move along the fixed jaw assembly 22 and the movable jaw assembly);
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Annotated Strauss Figure 16
wherein (as to claim 5) a surface of the clamp jaw pad is provided with an anti-skid structure (col. 4, ln 33-38, pad 117 is a relatively soft pad which can function as an anti-skid structure); and
wherein (as to claim 6) side surfaces of the fixed clamp arm and the movable clamp arm are provided with a reinforcing rib, and the reinforcing ribs are distributed in an arc shape (see annotated Strauss figs. 4 and 16 above. The jaw assemblies 12, 22 have reinforcing frames and the frames are curved or arc-shaped).
Response to Arguments
Applicant’s arguments filed on 10/17/2022 have been fully considered but they are not persuasive.
In response to applicant’s argument that the jaw 104 of the Strauss reference can only be rotated in the axial direction (or vertical direction) while the clamp jaw of the current application can move in any directions on universal planes including horizontal, vertical, and all kind of oblique directions, the applicant does not reveal how the clamp jaw can move in any direction other than the vertical direction. The applicant presented photos of the clamp in the arguments/remarks but they still show the clamp jaw moves only in the vertical direction. Furthermore, the clamp jaws shown in the photos do not resemble the drawings. The drawings disclose the arc-shaped notch 2 and the semi-spherical convex structure 301 which is circular shaped. However, the clamp in the photos do not have the arc-shaped notch and the semi-spherical convex structure is notch shaped instead of a circle.
As the examiner explained in the 112(b) rejection, when the two arms of the clamp jaw 3 are matched and connected within the arc-shaped notch 2, the two arms would prevent the clamp jaw 3 from moving in any direction except the vertical direction. Therefore, the clamp jaw 3 would move just like the jaw 104 of Strauss.
In addition, the claims fail to provide any reference frame in defining the directions for the motion of the clamp jaw. Further, the claims fail to indicate whether the ratchet woodworking clamp is not in use which allows the tool can be freely translated or rotated. In other words, the entire tool, including the movable clamp jaw and the clamp jaw pad, itself is capable of moving in any direction. If the claims stated the ratchet woodworking clamp was fixed to clamp a wooden plate between the clamp jaws, and the reference frame of direction would be defined at the semi-spherical groove 201 or the arc-shaped notch 2. Then only the motion of the clamp jaw and the clamp jaw pad would be considered even though the motion of the clamp jaw is still limited to the vertical direction. Therefore, the entire bar clamp 10 of Strauss is capable of moving in any direction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bohl (US 6,029,964) discloses a clamp including a fixed jaw and a movable jaw wherein each jaw has a pad. The pad comprises a swivel mechanism so that it can move in any direction.
Chen, W. (US 8,556,243) discloses a bar clamp comprising movable jaws.
Chen, C. (US 2015/0174737) discloses a bar clamp comprising a rotatable structure attached to a movable clamp arm.
Lin (US 7,017,894) discloses a vise clamp wherein surfaces of clamping blocks are provided with anti-skid structures and clamp arms are provided with arc-shaped reinforcing ribs.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando Aviles-Bosques can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.J.C./Examiner, Art Unit 3723
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3723
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