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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species 1 and Group I without traverse in the reply filed on 11/29/25 is acknowledged. There is a serious search and/or examination burden for the reasons provided in the restriction, including searching valve elements inside the rotating body versus outside the rotating body; or searching valve elements at one location on the tube versus on two locations on the tube; and the prior art applicable to one invention would not likely be applicable to another invention (for example, prior art showing a valve elements at one location on the tube is not likely applicable to the species having two sets of valve elements).
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 “the rotating body defines a ramp surface, and the ramp surface is configured to contact and advance the valve extension portion of the first and second valve element toward each other” (claim 3 and 20) and “an end of the rotating body is configured to contact and advance the valve extension portion of at least one of the first and second valve elements toward each other” (cl 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The “valve extension portion” has been defined as element 132 [0037, Fig 5]. The ramp surface is 118 [0041]. The drawing fails to show the rotating body having a ramp surface or an “end” of the rotating body configured to contact the valve extension portion.
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.
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.
Claim(s) 1-5, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3544060 (Stoltz).
Regarding claim 1-5, 19-20, Stoltz teaches a fluid clamp (Fig 7-11), comprising: a clamp body comprising a first and second valve element (annotated below), wherein each valve element comprises: a valve extension portion (annotated below); and a valve end portion extending from the valve extension portion (annotated below); wherein the valve end portion of the first and second valve elements are disposed opposite to each other to allow a tubing to pass between the valve end portion of the first and second valve elements (Fig 10-11; tubing 11 between the end portions); and a rotating body rotatably coupled to the clamp body (rotating body 51, 55), wherein rotation of the rotating body moves the valve end portion of at least one of the first and second valve elements inward to compress the tubing and reduce the flow rate through the tubing and outward to release the tubing and increase the flow rate through the tubing (col 3 l. 66-col 4 l. 20; rotation in one direction would constrict the tubing and rotation in the other direction would open the tubing, thereby adjusting the flow rate through the tubing), the rotating body is in threaded coupling with the clamp body (via threading 57, 65), the rotating body defines a ramp surface, and the ramp surface is configured to contact and advance the valve extension portion of the first and second valve element toward each other (annotated below; ramp surface 59), wherein an end of the rotating body is configured to contact and advance the valve extension portion of at least one of the first and second valve elements toward each other (annotated below; an “end of the rotating body” is construed as including the ramp surface), an outer surface of the rotating body defines one or more grooves (gripping portion 55 comprises grooves in between each of the protrusions).
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Claim(s) 1, 6-7, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0168682 (Braga).
Regarding claim 1, 6-7, 19, Braga teaches a fluid clamp (Fig 5-7), comprising: a clamp body comprising a first and second valve element (annotated below), wherein each valve element comprises: a valve extension portion (annotated below); and a valve end portion extending from the valve extension portion (annotated below); wherein the valve end portion of the first and second valve elements are disposed opposite to each other to allow a tubing to pass between the valve end portion of the first and second valve elements (Fig 6-7; tubing 410 between the end portions); and a rotating body rotatably coupled to the clamp body (rotating body 436), wherein rotation of the rotating body moves the valve end portion of at least one of the first and second valve elements inward to compress the tubing and reduce the flow rate through the tubing and outward to release the tubing and increase the flow rate through the tubing (para 49-50; rotation in one direction moves element 404 and would constrict the tubing and rotation in the other direction would open the tubing, thereby adjusting the flow rate through the tubing), the clamp body further comprises a shroud disposed at least partially around the rotating body (shroud is the portion of 406 around the rotating body) the shroud defines a circumferential opening (annotated below).
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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) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3544060 (Stoltz) in view of US 2011/0048540 (Stroup).
Regarding claim 6-7, Stoltz fails to teach the clamp body further comprises a shroud disposed at least partially around the rotating body, the shroud defines a circumferential opening. However, Stroup teaches a shroud disposed at least partially around a rotating body, the shroud defining a circumferential opening (Fig 65A-66B, para 363-364; shroud 1780’’ comprising a circumferential opening, annotated below; disposed around a rotating body 1740’’). It would have been obvious to one of ordinary skill in the art at the time of the invention to provide a shroud disposed at least partially around the rotating body, the shroud defines a circumferential opening, as taught by Stroup. It has been held that combining or simple substitution of prior art elements according to known methods to yield predictable results renders the limitation obvious (see MPEP 2141 (III)). In this case, providing a shroud disposed at least partially around the rotating body, the shroud defines a circumferential opening, yields predictable results (protecting the rotating body).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4687176 teaches a fluid clamp with a rotating body and first and second valve elements, wherein rotation of the rotating body adjusts flow through the tubing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW NGUYEN whose telephone number is (571)270-5063. The examiner can normally be reached 8 am - 4 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat (Pat) Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW H NGUYEN/Primary Examiner, Art Unit 3741
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