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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/13/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4, 7-8, 16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Gonzalez US 2015/0314428 (hereinafter Gonzalez) in view of Hiemstra US 3944265 (hereinafter Hiemstra) in view of Hill US 7025308 (hereinafter Hill).
Re. Cl. 1, Gonzales discloses: A clamp (Fig. 10) for protecting a component of an exhaust system (see Fig. 10, the device is capable of being used in the claimed intended use), the clamp comprising: a plurality of links (22’ Fig. 10), where each link has a body portion (see Fig. 12) with a plurality of apertures (54s, in 52s and 50, Fig. 12) configured to receive a hinge pin (see 36, Fig. 10) and selected links among the plurality of links have a free end (46, Fig. 10) that is configured to receive a closer (30, Fig. 10); a plurality of hinge pins (36, Fig. 10) that fit within selected apertures among the plurality of apertures (see Fig. 10) and connect the plurality of links together for relative movement between the plurality of links (see Fig. 10), such that each of the plurality of links are directly connected to at least one link of the plurality of links through the hinge pins (see Fig. 10), the closer being dimensioned to fit within a free end of a first and a second link of the plurality of links (see Fig. 10), and a dependent threaded portion (37, Fig. 10) that receives a closing element (threads 38, Fig. 10) that draws the free ends of the selected links together (see Fig. 10, by tightening 37 into 38) around a component of the exhaust system (see Fig. 10, the device is capable of being used in the claimed intended use).
Re. Cl. 4, Gonzales discloses: the plurality of links are joined in groups by the hinge pins (see Fig. 10).
Re. Cl. 16, Gonzales discloses: A clamping assembly (Fig. 10) comprising: a plurality of arcuate links (22’, Fig. 10) having an apertured body portion (right ends where 36 penetrate) and a free end (left ends, Fig. 10) that extends beyond the apertured body portion and is configured to receive a closer (see Fig. 10, either other hinge pins 36 or closer 32); at least three hinge pins that connect the plurality of links together in groups that are movable relative each other (see Fig. 10), such that each of the plurality of links are directly connected to at least one link of the plurality of links through the hinge pins (see Fig. 10, all of the links 32 are connected to at least one other link via pins 36); and, the closer that is received in at least two arcuate link free ends and draws the free ends together (see Fig. 10, received in 46s and able to draw ends 33, 35 together).
Re. Cls. 1, 7-8, 16 and 18 Gonzales does not disclose two of the plurality of hinge pins are located in apertures that are at least one aperture removed from the free end; the closer has an arched portion (Cl. 1), the arched closer has two dependent threaded potions (Cl. 7), a securing collar having two portions joined by a divider and the two portions of the securing collar are spaced such that each portion receives one of the two threaded portions of the closer (Cl. 8), wherein two of the at least three hinge pins are located in apertures that are at least one aperture removed from the free ends; and the closer comprises two threaded shafts connected by an intermediate portion (Cl. 16), or the closer is U-shaped (Cl. 18). Hiemstra discloses a clamp (Fig. 1) which includes a closer (32, Fig. 1) that draws free ends (27s, Fig. 1) together to tightly clamp around a component (see Fig. 5 for instance). Re. Cl. 1, Hiemstra discloses the closer has an arched portion (see Fig. 1, where arch formed of 32 that is unthreaded) that is dimensioned to fit within a free end of a first and second link of the plurality of links (see Fig. 1-2, the closer and its arched portion, where 32 is located in Fig. 1, is dimensioned so that it fits within the perimeter of both ends 24) and a dependent threaded portion (see Fig. 1 and 5-6, threaded portions of 32 which receive nuts 34) that receives a closing element (34s, Fig. 1) that draws the free ends of the selected links together around a component of an exhaust system (see Fig. 5-6). Re. Cl. 7, Hiemstra discloses the arched closer has two dependent threaded potions (see Fig. 1). Re. Cl. 8, Hiemstra discloses a securing collar (26, Fig. 5) having two portions (portions of 26 with holes 31 in them) joined by a divider (central portion of 26 which spaces the portions with holes 31 in them) and the two portions of the securing collar are spaced such that each portion receives one of the two threaded portions of the closer (see Fig. 1-2). Re. Cls. 16 and 18, Hiemstra discloses the closer comprises two threaded shafts connected by an intermediate portion (see Fig. 1) and is U-shaped (see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the free ends of Gonzalez to have the closer of Hiemstra with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Re. Cls. 1 and 16, Gonzales in view of Hiemstra does not disclose two of the plurality of hinge pins are located in apertures that are at least one aperture removed from the free end. Hill discloses a clamp (Fig. 1) which includes a plurality of links (26, 28, Fig. 1) that have a body portion with a plurality of apertures (30s and 32s, Fig. 1) and a free end (see Fig. 1, end near 46) that extends beyond the plurality of apertures (see Fig. 1), wherein the links are connected together using a hinge pin (36, Fig. 1) that fits within at least one of the apertures (see Fig. 1, Col. 3, Lines 22-26). Re. Cls. 1 and 16, Hill discloses the hinge pins can be located in apertures at least one aperture removed from the free end (see Fig. 1, by adjusting so that the hinge pin 36 is in the central 30,32).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the links of Gonzales to include the plurality of apertures as disclosed by Hill with reasonable expectation of success since Hill states that such a modification enables the user to adjust the diameter of the opening (Col. 3, Lines 22-26). Such a modification would provide an alternate manner of adjusting the diameter of the clamp from the threaded closer which could provide a more course form of adjustment compared to the fine adjustment of the threaded closer, thus improving the device.
Re. Cl. 19, the combination of Gonzales, Hiemstra and Hill does not explicitly disclose that each link has a portion with at least five equally spaced apertures. However, it is recognized that modifying the number of apertures through the body in the links of Hill is a result effective variable in that altering the number of holes would merely change the degree in adjustability of the clamp. Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the combined Gonzales, Hiemstra and Hill device to include at least five apertures as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Gonzales and Hiemstra and Hill as applied above, and further in view of Baldwin US 9039044 (hereinafter Baldwin).
Re. Cls. 2 and 5, the combination discussed above does not disclose each of multiple sections of the clamp is made of stainless steel (Cl. 2) or the clamp is made of stainless steel (Cl. 5). Baldwin discloses a clamp (Fig. 1) which comprises a plurality of links (18a-d, 14a-c, Fig. 1) connected together to clamp a cylindrical object (see Fig. 1)/ Re. Cls. 2 and 5, Baldwin discloses multiple sections of the clamp are made of cut resistant stainless steel (Col. 3, Lines 9-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined device discussed above to be made from stainless steel as disclosed by Baldwin with reasonable expectation of success since Baldwin states that such a modification is sturdy and capable of sustaining a temperature from 100 degrees to 600 degrees Fahrenheit without deforming (Col. 3, Lines 9-12).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gonzales and Hiemstra and Hill as applied above, and further in view of Halling US 3600770 (hereinafter Halling).
Re. Cl. 3, the combination discussed above does not disclose that the closer is made of stainless steel. Halling discloses a known clamp (Fig. 1) which includes a closer bolt that is made out of stainless steel (Col. 2, Lines 18-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the closer discussed above to be made out of stainless steel as disclosed by Halling with reasonable expectation of success since Halling states that such a modification is a typical or usual material which is commensurate with the environment in which the clamp is to be used (Col. 2, Lines 15-20).
Allowable Subject Matter
Claim 14 is allowable over the prior art of record.
Response to Arguments
Applicant's arguments filed 12/19/2025 have been fully considered but they are not persuasive.
Re. Applicant’s argument that the cited prior art does not disclose the limitations amended into claims 1 and 16, the Examiner disagrees. Discussion as to how the prior art of record meets Applicant’s claim limitations is provided above. Applicant’s argument has been considered but is not persuasive in view of the prior art cited above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Katz US 5577529, Gosse US 2706648, Hall US 5275368, Hill US 7025308, and Timm US 2178819 disclose other known clamps which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632