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 .
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,
“a nose axis” in line 3 of claim 1;
“rotational axis” in claim 3;
“chord of circle” in claim 3 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.
Claim Objections
Claim 3 objected to because of the following informalities: term “the rotational axis” in claim 3 lacks antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over JPS59156901U (hereinafter, JP901).
Regarding claim 1, A clamp device (see Fig. 2) comprising a cap portion 9 slidably mounted on a base portion 6 and secured together by a locking bolt 7, wherein the cap portion comprises a body (body of cap portion 9 in Fig. 1) and a nose (N as indicated in annotated Fig. 2) which extends laterally outwardly from the body along a nose axis (see nose extending outward from the cap body), the body of the cap portion comprising arcuate surface (A1, as indicated in annotated Fig. 2) on the underside thereof which is seated on a complementary opposed arcuate (A2, as indicated in annotated Fig. 2) mating surface of the base portion.
JP901 in embodiment shown in Fig. 2 fails to show a convex arcuate surface in cap portion and a concave arcuate mating surface of the base portion.
However, JP901 in embodiment shown in Fig. 1 shows a conventional rail fixing hardware commonly used, having a convex like arcuate surface on the underside of the cap body and a concave like arcuate surface on the base portion.
Additionally, changes in shape have been established to be obvious to a person of ordinary skill in the art. It would have been obvious matter of design choice to one having ordinary skill in the art before the effective filing date of claimed invention to modify the shape of contact portion in cap portion and the base portion to be arcuate convex and arcuate concave as an obvious change in shape.
Further, the Examiner interprets the modified surfaces permits rotational movement of the cap portion relative to the base portion about an axis which extends perpendicular to the nose axis due to tightening force while the use.
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Annotated Fig. 2
Regarding claim 2, JP901 teaches the clamp device as claimed in claim 1, arranged such that tightening of the bolt causes rotational movement of the cap portion of the clamp relative to the base portion in a clamping direction.
The Examiner interprets JP901 meets and/or make obvious of the structural limitations of claim 1, and is capable of meeting limitations as set forth in claim 2 above. As established in rejection of claim 1 above, modified arcuate convex and concave surface is capable of causing rotational movement of the cap portion due to tightening of the nut 8 and bolt 7 while in use.
Regarding claim 3, A clamp device as claimed in claim 2, in which the rotational axis of the cap portion relative to the base portion is disposed on an opposite side of the clamp to the nose, the bolt acting to constrain the cap portion against base portion along an axis which extends along a chord of a circle defined by the arcuate mating surfaces.
Since the limitations in claim 3 are subjected to objections above, As best understood, the Examiner interprets the Prior Art JP901 meets the structural and functional limitations of claim 3 above. The clamp 11 in Fig. 2 is capable of having the rotational axis of the cap portion relative to the base portion disposed on the opposite side of the clamp to the nose. Further, the bolt 7 in Fig. 2 is acting to constrain the cap portion against the base portion 6 along an axis which extends along a chord of a circle (see portion of the circle formed by the arcuate portion in Fig. 2 and see para. [0009]) defined by the arcuate mating surfaces (see Fig. 2).
Regarding claim 4, As best understood, JP901 teaches and/or make obvious of the clamp device as claimed in claim 1, in which the bolt 7 is arranged to pivot about an axis (vertical axis parallel to the bolt 7) which extends perpendicular to the nose axis (horizontal axis in nose portion running in and out of the paper in Fig. 2).
Regarding claim 5, As best understood, JP901 teaches and/or make obvious of a clamp device as claimed in claim 4, in which the bolt 7 comprises a head 17 and a shaft (shaft of the bolt 7) upstanding from the head for engaging a nut 8 that seats against a flat on the cap portion 9 of the clamp, the head being rotatably mounted to the base portion of the clamp for pivotable movement about an axis (see Figs. 1-2) which extends parallel to the rotational axis of the clamp and perpendicular to the axis of the shaft of the bolt 7.
Regarding claim 6, As best understood, JP901 teaches and/or make obvious of a clamp device as claimed in claim 5, in which the head 17 of the bolt 7 comprises an arcuate surface (see Fig. 3) from which the shaft extends, the arcuate surface of the bolt bearing against a complementary arcuate surface on the base portion of clamp (see para. [0009]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over JP901 in view of BYGRAVE et al. US20180222726 (hereinafter, BYGRAVE).
Regarding claim 7, As best understood, JP901 teaches and/or make obvious of a clamp device as claimed in claim 1.
However, JP901 discloses the claimed invention except for a plurality of bolts.
However, BYGRAVE teaches similar fastening device having the clamp device comprising a plurality of bolts (see Fig. 5, bolts 19, 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the clamp in JP901 to have a plurality of bolts as taught by BYGRAVE for secured fastening of the components (see para. [0002 & 0066]).
Further, the Examiner interprets it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the clamp to have a plurality of bolts, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (see MPEP 2144.05).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIL K MAGAR whose telephone number is (571)272-8180. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIL K. MAGAR/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675