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
Applicant’s election without traverse of Group I, drawn to claims 1-7 and 9-18, in the reply filed on October 8, 2025 is acknowledged. Applicant identifying claims 19 and 21-23 of Group II as being directed to elected Group I is incorrect. While Groups I and II require the technical feature of claim 1 of Group I, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of the prior art rejection of claim 1 below.
Claims 19 and 21-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 § 112
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 1-7 and 9-18 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.
Claims 1-7 and 9-18 recite “quick-action” which is indefinite. How quick is quick? What amount of time defines quick versus not quick? The Examiner suggests the following amendments in claims 1-7 and 9-18: “
Claim 12 recites “in particular” which is indefinite because it is not clear if the claim recitations thereafter are being positively claimed. The Examiner suggests the following amendments: “
Claim 14 recites “the pelletizer” which lacks antecedent basis. The Examiner suggests the following amendment: “the pelletizing apparatus”.
For further examination purposes, the scope of these claims are read in light of the suggested Examiner amendments.
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, 9, 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 quick-action 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).
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. 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) discloses the quick-action 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 9) 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);
(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 first quick-action 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 quick action 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;
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 quick-action 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);
(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 quick-action 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 quick-action 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 quick-action 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 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.
Conclusion
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.
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/J.S.L/Examiner, Art Unit 1744
/XIAO S ZHAO/Supervisory Patent Examiner, Art Unit 1744