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 .
Election/Restrictions
Claims 19 and 21-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 8, 2025.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1, 3-4, 11 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van
Court et al. (US 532,847).
Van Court et al. (US $532,847) discloses a clamping apparatus (figs. 1-3; p. 1, line 11, to p. 2, line 25) for bracing a first assembly 1 to a second assembly 2, the quick action clamping
apparatus comprising:
a mounting element (plate 3 attached to the first assembly 1) arranged at the first assembly or
the second assembly;
a locking element (pin 9 attached to the second assembly 2) arranged at the other of the first
assembly or the second assembly; and
a clamping means having a clamping element 6 mounted rotatably about an axis of rotation to
the mounting element and adapted to be pivoted (revolved) into a clamping position in which the
clamping element is in engagement with the locking element and braces the first assembly 1 against the
second assembly 2, the clamping element further having an eccentric (located somewhere other than at
the geometric center of the clamping element 6; figs. 1-2) portion 12 of such a configuration that in a
movement of the clamping element out of the clamping position, the eccentric portion 12 is in
engagement with the locking element (pin 9 attached to the second assembly 2) and applies a force to
the locking element that separates the first assembly 1 from the second assembly 2 (p. 1, lines 52-103;
the cam 12 is adapted to engage pin 9 on lower plate 3 to facilitate separation), wherein the eccentric portion has an area centroid and the axis of rotation of the clamping element corresponds to and extends through the area centroid of the eccentric portion (figs. 1-2; p. 1, lines 53-82; the central portion of clamping element 6 (including cam 12) defines an eccentric portion having an area centroid (geometric center of such eccentric portion) corresponding to the axis of rotation, wherein a pivot pin 7 is placed to enable pivoting (rotation) of the clamping element 6; the axis of rotation corresponds to and extends through the area centroid of the eccentric portion as shown in figs. 1-2).
As to the claim recitations of "for bracing a first assembly of a pelletizing apparatus to a second
assembly of the pelletizing apparatus", the clamping apparatus of Van Court et al. (US 532,847) is
capable of such bracing (p. 1, lines 52-95; bracing/locking a first and second assembly via the locking device 6 and pins 9). Further such recitations relate to the intended use of the claimed apparatus. A
claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be
employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art
apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat.
App. & Inter. 1987); see MPEP 2114. "Expressions relating the apparatus to contents thereof during an
intended operation are of no significance in determining patentability of the apparatus claim." Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969). Furthermore, "[i]nclusion of material or article worked
upon by a structure being claimed does not impart patentability to the claims." In re Young, 75 F.2d
*>996<, 25 USPQ 69 (CCPA 1935) (as restated in In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA
1963)). See MPEP 2115.
Van Court et al. (US 532,847) further discloses the clamping apparatus:
(Claim 3) wherein the clamping means further has a clamping lever connected to the clamping
element 6 for actuating the clamping element 6 (p. 1, lines 75-82; a wrench (lever) is fitted (connected)
to the rectangular enlargement 10 of the clamping device 6 to enable an operator to actuate the
clamping element 6);
(Claim 4) wherein the clamping element 6 has a hooked portion 8 and, wherein upon a pivotal
movement of the clamping element 6 into the clamping position, the hooked portion 8 is adapted to
come into engagement with the locking element (pin 9 attached to the second assembly 2) and to brace
the locking element against the clamping element 6 in the clamping position (fig. 1 is clamping position;
p. 1, lines 54-83; during revolving movement of the clamping (locking) element 6 into the clamping
position, the inner edges of the hooks 8 engage the pins 9 to brace the pins against the clamping
element 6 in the clamping position), the hooked portion 8 has a hook bottom (fig. 1);
(Claim 11) wherein the locking element and/or the mounting element is in the form of a pin 9 (p.
1, lines 65-67); and
(Claim 18) wherein the clamping lever is mounted pivotably to the first assembly or the second assembly of the pelletizing apparatus in such a way that the clamping lever moves beyond a dead center point of the clamping element in a manner of a toggle lever in a bracing operation and self-locking clamping ensues (p. 1, lines 75-96; the wrench (lever) pivots the clamping element 6; the inner wall of recess 11 is eccentric to the pivot such that the pin 9 impinging on the inner cam surface will lock the clamping device 6 in position; it is inherent that, during pivoting, the wrench and the clamping element 6 are moved beyond a dead center point of the clamping element 6 in a manner of a toggle lever to enable the locking).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et al. (US
532,847) in view of CN 208392593.
Van Court et al. (US 532,847) discloses the apparatus substantially as claimed, as mentioned
above, except for a plurality of mounting elements, locking elements and clamping elements, as recited
by claim 2.
CN 208392593 discloses a clamping apparatus (figs. 1-4; [0032]-[0048], paragraph references are relative to the English translation attached to this office action) for bracing a first assembly 1 of a pelletizing apparatus to a second assembly 32 of the pelletizing apparatus, the clamping apparatus comprising:
a mounting element 6-7 arranged at the second assembly;
a locking element 4 arranged at the first assembly; and
a clamping means having a clamping element 5 wherein the clamping element is mounted rotatably about an axis of rotation to the mounting element and adapted to be pivoted into a clamping position in which the clamping element 5 is in engagement with the locking element 4 and braces the first assembly 1 against the second assembly 32; and
further comprising:
a second mounting element arranged at the second assembly, and
a second locking element arranged at the first assembly,
wherein the clamping means has a second clamping element which is mounted rotatably
about a second axis of rotation to the second mounting element and adapted together with the
clamping element to be pivoted into the clamping position in which the second clamping element is in
engagement with the second locking element (fig. 4 shows a second quick-action clamping apparatus
(not labeled) opposite to the first quick-action clamping apparatus; it would be obvious, if not inherent,
that there is a second mounting element, a second locking element and a second clamping element
defining the second quick-action clamping apparatus; in other words, CN 208392593 discloses a plurality
of clamping arrangements including a plurality of mounting elements, locking elements and clamping
elements at respective positions along the circumference of the first and second assemblies).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the mounting element, lock element and the clamping element of apparatus of Van
Court et al. (US $ 532,847) to be plural defining clamping arrangements at respective positions along the
circumference of the first and second assemblies, because such a modification is known in the art, as
disclosed by CN 208392593, and would provide a more secure clamping of the first and second
assemblies along the circumference of the first and second assemblies.
Claim(s) 5-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et
al. (US 532,847) in view of Wolf et al. (US 2019/0178430).
Van Court et al. (US 532,847) discloses the apparatus substantially as claimed, as mentioned
above, except for the limitations recited by claim 5.
Wolf et al. (US 2019/0178430) discloses a clamping apparatus (fig. 1; [0036]-[0038])
including a clamping element 44 having a hooked portion 52, wherein upon a pivotal movement of the
clamping element 44 into a clamping position, the hooked portion 52 is adapted to come into
engagement with a locking element 56 and to brace the locking element 56 against the clamping
element 44 in the clamping position;
wherein the hooked portion 52 has a hook bottom of such a configuration that the hook bottom
corresponds to an external cross-section of the locking element 56 (fig. 1).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the hook bottom of Van Court et al. (US 532,847) to be of such a configuration that the
hook bottom corresponds to an external cross-section of the locking element, as disclosed by Wolf et al.
(US 2019/0178430), because such a modification is known in the clamping art and would provide an
alternative configuration for the hook bottom known to be operable in the clamping art.
Van Court et al. (US 532,847) further discloses the apparatus (fig. 1):
(Claim 6) wherein the hooked portion (which hooks pin 9 attached to the second assembly 2)
has a first limb 8 and a second limb (including cam 12), wherein the first limb and the second limb each
extend from the hook bottom and collectively form a hook mouth forming a free cross-section between
the first limb and the second limb, that enlarges in a direction from the hook bottom toward the first
limb and the second limb (fig. 1);
(Claim 7) wherein the first limb and/or the second limb has a thickening which is arranged
adjacent to the hook bottom and is adapted to hold the locking element 9 in the clamping position (fig.
1 shows thickening of the first limb 8; p. 1, lines 54-82; the inner edges of the first limb 8 of the locking
element 6 are eccentric enabling holding and locking of the locking element 9 in the clamping position); and
(Claim 10) wherein one of the first limb and the second limb is formed by the
eccentric portion (fig. 1, the second limb is formed by the eccentric portion 12).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et al. (US
532,847) in view of JP 2000-816.
Van Court et al. (US 532,847) discloses the apparatus substantially as claimed, as mentioned
above, except for the limitations as recited by claim 12.
JP 2000-816 discloses a clamping apparatus including a rotary drive device for
driving a clamping means 111, wherein the drive device has or is formed from at least one of the
following: an electric motor; a hydraulic actuator; or a pneumatic drive having a cylinder drive and/or a
rotary drive (fig. 12; [0004]-[0005], paragraph references are relative to the English translation attached
to this office action; rotary drive device 110 such as a hydraulic cylinder).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the wrench (rotary actuator) of Van Court et al. (US 532,847) with a rotary drive device,
as recited by JP 2000-816, because such a modification is known in the clamping art and would provide
an alternative configuration for rotating the clamping element.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et al. (US
532,847) in view of Aschauer et al. (US 2021/0069845).
Van Court et al. (US 532,847) discloses the apparatus substantially as claimed, as mentioned
above, except for the limitations as recited by claim 13.
Aschauer et al. (US 2021/0069845) disclose a clamping device including a sensor device for
sensing the position of a clamping means [0003].
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the apparatus of Van Court et al. (US 532,847) with a sensor device for sensing the
position of the clamping means, as disclosed by Aschauer et al. (US 2021/0069845), because such a modification is known in the clamping art and would provide an alternative configuration for the
apparatus capable of detecting a position of the clamping means.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et al. (US
532,847) in view of Aschauer et al. (US 2021/0069845) as applied to claim 13 above, and further in view
of CN 208392593.
Aschauer et al. (US 2021/0069845) further discloses that the sensor device is adapted to
generate a signal when the clamping means is in the clamping position and/or adapted to generate a
signal when the clamping means is moved out of the clamping position ([0003], position sensors to
check (signals from sensors are inherent) whether in clamping position or release position).
However, Van Court et al. (US 532,847) and Aschauer et al. (US 2021/0069845) do not disclose
the sensor device being arranged at the pelletizing apparatus.
CN 208392593 is applied as above.
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the first and second assemblies to be assemblies of a pelletizing apparatus, as
recited by CN 208392593, because such a modification is known in the art and would provide an
alternative configuration enabling clamping of assemblies of a pelletizing apparatus. In view of the
combination, the apparatus would overall define a pelletizing apparatus, and thus the sensor device
would be arranged at such pelletizing apparatus.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et al. (US
532,847) in view of Jebara et al. (US 2011/0113595).
Van Court et al. (US 532,847) discloses the apparatus substantially as claimed, as mentioned
above, except for the limitations as recited by claim 15.
Jebara et al. (US 2011/0113595) discloses a clamping apparatus including an
electromechanical locking means adapted to hold clamping means (lever) in a clamping position and/or to release same from the clamping position (figs. 1-7; [0014]-[0015], [0040]; claims 12-13;
electromechanical lever lock).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to modify the lever (wrench) of Van Court et al. (US 532,847) with an electromechanical locking
means, as recited by Jebara et al. (US 2011/0113595), because such a modification is known in the
clamping art and would provide an alternative configuration for locking/releasing the clamping lever.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Court et al.
(US 532,847) in view of Kortan et al. (US 8,192,095).
Van Court et al. (US 532,847) discloses the apparatus substantially as claimed, as mentioned
above, except for the limitations as recited by claims 16-17.
Kortan et al. (US 8,192,095) disclose a clamping apparatus (figs. 5-8; including a
locking element 12 and a clamping means having a clamping element 6, 10 and a clamping lever 5 for
rotating the clamping element,
(Claim 16) wherein the clamping lever 5 has two spaced clamping lever limbs and a
handle connecting the clamping lever limbs (not labeled but shown in fig. 5),
(Claim 17) wherein the clamping lever limbs have a first clamping lever portion coupled to the
clamping element, a second clamping lever portion extending at an angle relative to the first clamping
lever portion, and a third clamping lever portion which extending at an angle relative to the second
clamping lever portion, the third clamping lever portion extending to a distal end at which the handle is
fixed (not labeled but shown in fig. 5).
It would have been obvious to one of ordinary skill in the art, at the time the invention was
made, to further modify the lever with a lever, as disclosed by Kortan et al. (US S 8,192,095), because such a modification is known in the clamping art and would provide an alternative configuration for the lever known to be operable in the art for rotating a clamping element.
Response to Arguments
Applicant's arguments filed April 13, 2013 have been fully considered but they are not persuasive.
Applicant argues that, with respect to prior dependent claim 9, the Office Action alleges Van Court discloses: "wherein the eccentric portion has an area centroid corresponding to the axis of rotation of the clamping element (figs. 1-2; p. 1, lines 53-82; the central portion of clamping element 6
(including cam 12) defines an eccentric portion having an area centroid (geometric center of such eccentric portion) corresponding to the axis of rotation, wherein a pivot pin 7 is placed to enable
pivoting (rotation) of the clamping element 6)." Office Action at 5.
As the Office Action expressly recognizes, Van Court's "clamp" rotates about a pivot pin
7. That is, Van Court's pivot pin 7 defines an axis of rotation extending therethrough about
which its S-shaped locking device 6 rotates. In contrast, the "geometric center" of Van Court's
hook 8 (which the Office Action alleges corresponds to the claimed "eccentric portion"), is not
aligned with the axis of rotation through its pivot pin 7. Therefore, Van Court fails to anticipate
"wherein the eccentric portion has an area centroid and the axis of rotation of the clamping
element corresponds to and extends through the area centroid of the eccentric portion" as
required by amended independent claim 1.
The Examiner respectfully disagrees. The Office Action (and the prior art rejections above) do NOT recite that hook 8 in Van Court is the eccentric portion. As argued by Applicant, the Office Action recites that Van Court discloses that the central portion of clamping element 6 (including cam 12) defines an eccentric portion having an area centroid (geometric center of such eccentric portion) corresponding to the axis of rotation, wherein a pivot pin 7 is placed to enable pivoting (rotation) of the clamping element 6. As shown in figs. 1-2 of Van Court the cam 12 is an eccentric surface which is part of a central portion of clamping element 6 (including cam 12) defining an eccentric portion having an area centroid geometric center of such eccentric portion) corresponding to the axis of rotation, wherein a pivot pin 7 is placed to enable pivoting (rotation) of the clamping element 6.
Applicant argues that, additionally, it would not have been obvious to modify Van Court to read on amended independent claim 1. The "geometric center" of Van Court's hook 8 and the axis of rotation of Van Court's locking device 6 extending through pivot pin 7 are unaligned with one another, which is required to permit Van Court's locking device 6 to function as intended "to force the sections of the flash together" or "facilitate the separating of the sections" depending upon rotation of the locking device. See Van Court at 1:71-74; 1:98-103. Therefore, modifying Van Court to read on amended independent claim 1 would frustrate the purpose of Van Court's device and render it unsatisfactory for its intended purpose. See MPEP § 2143.01(V).
However, such argument is moot because the rejection of claim 1 is NOT an obviousness rejection and does not require the hook 8 of Van Court to be the eccentric portion.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 JOSEPH S LEYSON whose telephone number is (571)272-5061. The examiner can normally be reached M-F 8am-4:30pm.
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, Sam Xiao Zhao can be reached at 5712705343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.S.L/Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744
Prosecution Insights