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 .
Response to Amendment
Applicant's arguments with respect to claims 9 – 20 have been considered but they are not persuasive. Please see the ground(s) of rejection below.
Claim Rejections - 35 USC § 102
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.
Claims 9 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacIntyre (U.S. Patent 2,688,047).
Regarding claim 9, in Figure 2, MacIntyre discloses a vibration damper for damping vibrations of an electrical transmission cable (15) that is energized to transmit electricity, the vibration damper comprising: a clamp attachment portion (14) configured to be attached, via clamping, to the transmission cable (15), while the transmission cable is energized to transmit electricity, with direct contact clamping engagement between the clamp attachment portion and the transmission cable (Figure 2), the clamp attachment portion having a first structure (body 16, Figure 4); a keeper (18, Figure 4) attached to the clamp attachment portion, the keeper movable from an open position to a closed position to facilitate attaching the clamp attachment portion to the transmission cable, the keeper having a second structure (complementary curved arm, Figure 4), the second structure configured to cooperate with the first structure to maintain the keeper in a desired orientation relative to the clamp attachment portion as the keeper moves from the open position to the closed position (Figure 2), the clamp attachment portion or the keeper having a projection structure (keeper 18 has complementary curved arm, Figure 4) and the other of the clamp attachment portion or the keeper having a receptacle structure with an inner surface defining an aperture (body member 16 of clamping member 14 has a gap, or aperture, for receiving complementary curved arm of keeper 18, Figure 4) into which the projection structure extends and engages with the receptacle structure to facilitate moving the keeper from the open position to the closed position (col. 3, line 74 to col. 4, line 8); a flexible leg portion (12) attached to the clamp attachment portion; and a weighted portion (10) attached to the flexible leg portion, the weighted portion spaced a separation distance from the clamp attachment portion and movable relative to the clamp attachment portion via the flexible leg portion to dampen the vibrations (Figure 2).
Regarding claim 10, MacIntyre discloses wherein the keeper is moved between the open position and the closed position via operation of a tightening fastener (Figure 2).
Regarding claim 11, MacIntyre discloses wherein the protrusion is laterally offset from at least one of the first structure or the second structure in a direction along which the transmission cable extends when the clamp attachment portion is attached to the transmission cable (Figure 4).
Regarding claim 12, MacIntyre discloses wherein a resilient material is attached to at least one of the clamp attachment portion or the keeper to mitigate damage to the transmission cable (Figure 2).
Regarding claim 13, MacIntyre discloses wherein the transmission cable is a covered conductor (Figure 2).
Regarding claim 14, in Figure 2, MacIntyre discloses a vibration damper for damping vibrations of an electrical transmission cable (15) that is energized to transmit energy, the vibration damper comprising: a clamp attachment portion (14) configured to be attached, via clamping, to the transmission cable (15) with direct contact clamping engagement between the clamp attachment portion and the transmission cable (Figure 2), the clamp attachment portion having a transmission cable contact surface extending from a first end to a second end, the transmission cable contact surface having a concave shape between the first end and the second end such that the transmission cable contact surface is positioned on each of a first side of the transmission cable, a top side of the transmission cable, and a second side of the transmission cable when the clamp attachment portion is attached to the transmission cable (Figure 2); a keeper (18, Figure 4) movable from an open position to a closed position relative to the clamp attachment portion to facilitate attaching the clamp attachment portion to the transmission cable; a hinge feature (at the position of cable 12, Figure 4; the keeper 18 is movable with respect to the body portion 16, col. 3, line 74 to col. 4, line 2; a hinge connects linked objects) integral with the clamp attachment portion and the keeper to facilitate moving the keeper from the open position to the closed position while maintaining a desired orientation between the keeper and the clamp attachment portion (col. 3, line 74 to col. 4, line 8); a flexible leg portion (12) attached to the clamp attachment portion; and a weighted portion (10) attached to the flexible leg portion, the weighted portion spaced a separation distance from the clamp attachment portion and movable relative to the clamp attachment portion via the flexible leg portion to dampen the vibrations (Figure 2).
Regarding claim 15, MacIntyre discloses a second weighted portion, wherein: the clamp attachment portion has a first attachment side and a second attachment side, a first portion of the flexible leg portion extends away from the first attachment side, a second portion of the flexible leg portion extends away from the second attachment side, the weighted portion is attached to the first portion of the flexible leg portion, the second weighted portion is attached to the second portion of the flexible leg portion, the weighted portion is spaced the separation distance from the first attachment side of the clamp attachment portion, the second weighted portion spaced a second separation distance from the second attachment side of the clamp attachment portion, and the separation distance is not equal to the second separation distance (Figure 2).
Regarding claim 16, MacIntyre discloses wherein the weighted portion has a weight that is not equal to a second weight of the second weighted portion (Figure 2).
Regarding claim 17, MacIntyre discloses wherein the clamp attachment portion has an adjustment segment with an inner surface defining an opening, whereby a hot stick placed in the opening can contact the inner surface to urge the clamp attachment portion into contact with the transmission cable while the transmission cable is energized to transmit electricity (Figure 2).
Regarding claim 18, MacIntyre discloses wherein a resilient material is attached to the clamp attachment portion to mitigate damage to the transmission cable (Figure 2).
Regarding claim 19, MacIntyre discloses wherein the clamp attachment portion has a clamp segment at which the clamp attachment portion attaches to the transmission cable and the opening is spaced apart from the clamp segment (Figure 2).
Regarding claim 20, MacIntyre discloses wherein the transmission cable is a covered conductor (Figure 2).
Allowable Subject Matter
Claims 1 – 8 are allowed.
Conclusion
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 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 TREMESHA W BURNS whose telephone number is (571)270-3391. The examiner can normally be reached Monday-Friday 8am - 4:30 pm EST.
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, Timothy Thompson can be reached at (571) 272-2342. 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.
TREMESHA W. BURNS
Primary Examiner
Art Unit 2847
/TREMESHA W BURNS/Primary Examiner, Art Unit 2847