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 .
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 1-20 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.
Claim 1 recites the limitation “one or more clamps” within lines 3 and 4 followed by “the clamps” within line 5. Making it unclear if Applicant is claiming one or more clamps or multiple clamps. Examiner recommends changing “the clamps” to “the one or more clamps”. This rejection likewise applies to claims 3-9 regarding “the clamps”.
Claim 2 recites “wherein the clamps are disposed at opposite ends of the housing and the clamps pivot toward each other as the clamps pivot toward the elongated body.” This limitation makes it unclear which clamps are claimed and how many. Examiner recommends changing “the clamps” to “the one or more clamps comprise a first clamp and a second clamp disposed at opposite ends of the housing and the first or second clamp pivot toward the opposite first or second clamp as the first and second clamps pivot toward the elongated body.” to positively recite the components being claimed.
Claim 10 likewise creates confusion as to the clamps being claimed since claim 10 recites “clamps pivotally coupled” and claim 14 recites “wherein the clamps are disposed at opposite ends of the housing and the clamps pivot toward each other as the clamps pivot toward the elongated body.” Seeming to claim a first and a second clamp to be able to “pivot toward each other”. Examiner recommends changing “clamps” within claim 10 to “a first and second clamp” to positively recite the components and amending claim 14 as described above regarding claim 2. This rejection likewise applies to claims 11-13 and 15-20.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bounds (US 8590454 B2).
Regarding claim 1: Bounds discloses a clamp assembly (Fig.10), comprising: a housing (66; Fig.10) configured to be positionable alongside an elongated body (3; Fig.10); one or more clamps pivotally couplable with the housing (88; Fig.10); and an actuator (101; Fig.14) configured to pivot the one or more clamps relative to the housing (Fig.13 and 17), the clamps being configured to selectively engage the elongated body, and thereby to restrict movement of the elongated body relative to the housing (Fig.12).
Regarding claim 2: Bounds further discloses the clamp assembly of claim 1, wherein the clamps are disposed at opposite ends of the housing (Fig.10) and the clamps pivot toward each other as the clamps pivot toward the elongated body (inner ends 131; Fig.16 closer together when engaged in Fig.12 due to wider end structures of guide sleeve 111; Fig.19 and Col.9, lines 33-38).
Regarding claim 3: Bounds further discloses the clamp assembly of claim 1, wherein the actuator is configured to pivot the clamps away from the elongated body to release the elongated body by increasing a length of the actuator (Figs.16 and 18).
Regarding claim 4: Bounds further discloses the clamp assembly of claim 1, wherein the clamps include engagement surfaces formed from a different material than the elongated body (Col.11, lines 36-39).
Regarding claim 5: Bounds further discloses the clamp assembly of claim 1, further comprising biasing elements (96; Fig.10) disposed between the clamps and the housing (placement between clamp and housing; Col.9, lines 46-50), the biasing elements exerting forces on the clamps that pivot the clamps toward engagement with the elongated body (Col.9, lines 44-46).
Regarding claim 6: Bounds further discloses the clamp assembly of claim 1, wherein the clamps are connected with the actuator such that the clamps pivot relative to the housing around a housing axis (outward pivot around rail guides with actuation; Fig.17) and pivot relative to the actuator around an actuator axis that is spaced apart from the housing axis (pivot of end 131 further away from rail 3; Fig.16 and Col. 9, lines 33-38).
Regarding claim 7: Bounds further discloses the clamp assembly of claim 1, wherein the clamps are configured to move toward and engage one or more of a rail or a rail ribbon as the elongated body (3; Fig.10).
Regarding claim 8: Bounds further discloses the clamp assembly of claim 1, wherein the clamps are configured to pivot toward the elongated body around axes that are transversely oriented relative to sides of the elongated body that are engaged by the clamps (pivot shown in Fig.16).
Regarding claim 9: Bounds further discloses the clamp assembly of claim 1, wherein the housing, the clamps, and the actuator are included in a first clamp device on one side of the elongated body, and further comprising a second clamp device on an opposite side of the elongated body (Fig.12).
Regarding claim 10: Bounds discloses a clamp assembly (Fig.10), comprising: a housing (66; Fig.10) configured to be positioned alongside an elongated body (3; Fig.10); clamps pivotally coupled with the housing (88; Fig.10); and biasing elements (96; Fig.10) disposed between the clamps and the housing (placement between clamp and housing; Col.9, lines 46-50), the biasing elements exerting forces on the clamps that pivot the clamps toward engagement with the elongated body to restrict movement of the elongated body relative to the housing (Col.9, lines 44-46).
Regarding claim 11: Bounds further discloses the clamp assembly of claim 10, further comprising an actuator (101; Fig.14) configured to pivot the clamps away from engagement with the elongated body to allow the movement of the elongated body relative to the housing (Fig.16 and Fig.18).
Regarding claim 12: Bounds further discloses the clamp assembly of claim 11, wherein the actuator is configured to pivot the clamps away from the elongated body to release the elongated body by increasing a length of the actuator (Fig.16 and 18).
Regarding claim 13: Bounds further discloses the clamp assembly of claim 11, wherein the clamps are connected with the actuator such that the clamps pivot relative to the housing around a housing axis (outward pivot around rail guides with actuation; Fig.17) and pivot relative to the actuator around an actuator axis that is spaced apart from the housing axis(pivot of end 131 further away from rail 3; Fig.16 and Col. 9, lines 33-38).
Regarding claim 14: Bounds further discloses the clamp assembly of claim 10, wherein the clamps are disposed at opposite ends of the housing (Fig.10) and the clamps pivot toward each other as the clamps pivot toward the elongated body(inner ends 131; Fig.16 closer together when engaged in Fig.12).
Regarding claim 15: Bounds further discloses the clamp assembly of claim 10, wherein the clamps include engagement surfaces formed from a different material than the elongated body (Col.11, lines 36-39).
Regarding claim 16: Bounds further discloses the clamp assembly of claim 10, wherein the biasing elements (96; Fig.10) are configured to exert forces on the clamps that pivot the clamps toward engagement with the elongated body (Col.9, lines 46-50).
Regarding claim 17: Bounds further discloses the clamp assembly of claim 10, wherein the clamps are configured to move toward and engage one or more of a rail or a rail ribbon as the elongated body (Fig.12).
Regarding claim 18: Bounds further discloses the clamp assembly of claim 10, wherein the clamps are configured to pivot toward the elongated body around axes that are transversely oriented relative to sides of the elongated body that are engaged by the clamps (pivot shown in Fig.16).
Regarding claim 19: Bounds discloses a clamp assembly (Fig.10) comprising: a first clamp device configured to be disposed on a first side of an elongated body; and a second clamp device configured to be disposed on a second side of the elongated body that is opposite the first side (Fig.10), each of the first clamp device and the second clamp device including: a housing (66; Fig.10); clamps pivotally coupled with the housing (88; Fig.10); an actuator coupled with the clamps (101; Fig.14); and biasing members (96; Fig.10) coupled with the housing and the clamps (Col.9, lines 46-50), the biasing members configured to exert forces on the clamps that move the clamps relative to the housing into engagement with the elongated body (Col.9, lines 44-46), the actuator configured to change size to counteract the forces exerted by the biasing members on the clamps and move the clamps away from the elongated body (Figs.16 and 18).
Regarding claim 20: Bounds further discloses the clamp assembly of claim 19, wherein the actuator is configured to extend in length to counteract the forces exerted by the biasing members on the clamps (Col.9, lines 43-47).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEAVEN BUFFINGTON whose telephone number is (703)756-1546. The examiner can normally be reached Monday-Friday 9:00am to 5:00pm ET.
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/HEAVEN R BUFFINGTON/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615