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
Claims 1-15 and 17-23 are currently pending. Claim 16 was canceled per Applicant. Claims 1-15, 17-20 remain rejected despite Applicant’s arguments filed 05/12/2026. Claims 22 and 23 are newly rejected. Claim 21 are objected to as being dependent upon a rejected base claim. Amendment necessitated new grounds of rejection presented within this Office action. Applicant’s amendments to the claims have overcome the 112(b) rejections previously set forth. Response to Applicant arguments can be found at the end of this Office action. This Office action is final.
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 1-15, 17-20 and 22-23 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 positioned alongside an elongated body (3; Fig.10); one or more clamps pivotally coupled 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.17 and 13), the one or more 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 one or more clamps comprise a first clamp and a second clamp, the first clamp and the second clamp are disposed at opposite ends of the housing (Fig.10) from each other, and the first clamp and the second clamp pivot toward each other as the first clamp and the second clamp pivot toward the elongated body (inner ends 131; Fig.16 closer together when engaged in Fig.12).
Regarding claim 3: Bounds further discloses the clamp assembly of claim 1, wherein the actuator is configured to pivot the one or more 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 one or more 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 one or more biasing elements (96; Fig.10) disposed between the one or more clamps and the housing (placement between clamp and housing; Col.9, lines 46-50), the one or more biasing elements exerting forces on the one or more clamps that pivot the one or more 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 one or more clamps are connected with the actuator such that the one or more 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 one or more 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 one or more 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 one or more clamps (pivot shown in Fig.16).
Regarding claim 9: Bounds further discloses the clamp assembly of claim 1, wherein the housing, the one or more 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); a first clamp and a second clamp pivotally coupled with the housing (88; Fig.10); and a first biasing element (96; Fig.10 also see individual biasing members shown in Fig. 21) disposed between the first clamp and the housing (placement between clamp and housing within Fig.21; Col.9, lines 46-50); and a second biasing element disposed between the second clamp and the housing, the first biasing element exerting force on the first clamp and the second biasing element exerting force on the second clamp that pivot the first and second clamps toward engagement with the elongated body to restrict movement of the elongated body relative to the housing (Col.9, lines 44-46 and Fig.21).
Regarding claim 11: Bounds further discloses the clamp assembly of claim 10, further comprising an actuator (101; Fig.14) configured to pivot the first and second 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 first and second 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 the first and second clamps are connected with the actuator such that the first and second 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 first and second clamps are disposed at opposite ends of the housing from each other (Fig.10), and the first clamp and the second clamp pivot toward each other as the first clamp and the second clamp 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 first and second clamps include engagement surfaces formed from a different material than the elongated body (Col.11, lines 36-39).
Regarding claim 17: Bounds further discloses the clamp assembly of claim 10, wherein the first and second 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 first and second 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 positioned alongside the elongated body (66; Fig.10); a first clamp and a second clamp pivotally coupled with the housing (88; Fig.10); an actuator coupled with the first and second clamps (101; Fig.14); and biasing members (96; Fig.10) coupled with the housing and the first and second clamps (Col.9, lines 46-50), the biasing members configured to exert forces on the first and second clamps that pivot the first and second 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 first and second clamps and move the first and second 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 one or more clamps (Col.9, lines 43-47).
Regarding claim 22: Bounds further discloses the clamp assembly of claim 1, further comprising a plate (66; Fig.10), wherein the elongate body is configured to be seated on the plate (Fig.10), and wherein the housing extends from the plate (92 extends from 66; Fig.11) and is positioned alongside the elongated body seated on the plate (Fig.10 and 11).
Regarding claim 23: Bounds further discloses the clamp assembly of claim 1, wherein the housing is positioned entirely on one lateral side of the elongate body (66; Fig.10).
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach the combination of limitations within claim 21. More specifically, the prior art fails to teach wherein the first housing axis and the second housing axis are oriented transverse to each other as claimed within claim 21. The first housing axis and second housing axis of the first clamps of the first and second clamp devices being transverse to each other wherein the axes cross each other as shown within the instant application Fig.11 would require an improper level of hindsight and would change the principle of operation of the clamp assembly within Bounds since the clamp guides are parallel to each other, upon which the clamps pivot relative to the housing (89; Fig.20).
Response to Arguments
In response to Applicant’s argument that Bounds fails to anticipate the “housing configured to be positioned alongside an elongated body”, Examiner submits that the broadest reasonable interpretation of the housing configured to be positional alongside is anticipated by Bounds since no relativity of the components is established within the claims.
In response Applicant’s argument that Bounds fails to anticipate “one or more biasing elements exerting forces on the one or more clamps that pivot the one or more clamps toward engagement with the elongated body”, Examiner submits that the biasing elements within Bound, within the broadest reasonable interpretation of the claim, exert forces on the one or more clamps that pivot the one or more clamps toward engagement with the elongated body since it is the force of the biasing element that is the actuating force to engage the clamps of the clamping device.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) Morano can be reached at (571)272-8300. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEAVEN R BUFFINGTON/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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