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 .
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 are 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.
In Claims 1, 13, and 20, it is unclear what structural limitations (if any) are being imparted by the recitation “which allows full travel of a CV boot with no abrasion and for maximum accessibility of an angle to all the CV boot to run efficiently.” First, what exactly is the thing that allows full travel, etc.? Second, what constitutes “maximum accessibility of an angle? Third, an angle between what and what?
Claims 2-12 and 14-19 are likewise rejected due to their dependence from claims 1 and 13.
Finally, in Claims 2 and 17, it is unclear what constitutes a “typical” CV joint.
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, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4936811 to Baker (hereinafter “Baker”).
-From Claim 1: Baker discloses a clamp device for a CV boot for a vehicle, the clamp device comprising:
a body component 22; and
a band component 23;
wherein the body component is segmented into three equal parts 22, 22, 22; and
further wherein the band component 23 locks the three equal parts together to form a tubular formation (Fig. 3), which allows full travel of a CV boot with no abrasion damage and for maximum accessibility of an angle to all the CV boot to run efficiently.
-From Claim 2: Baker discloses wherein a convoluted boot 12 is mounted on a body of a typical constant velocity (CV) joint to form the CV boot.
-From Claim 3: Baker discloses wherein the CV boot 12 is formed with a plurality of convolutions which extend along a length of the CV boot.
-From Claim 4: Baker discloses wherein the CV boot comprises an annular groove 37.
-From Claim 5: Baker discloses wherein the body component is segmented into three equal
parts 22 with different diameters (note the variable thickness of 22, thus creating different diameters within each) to accommodate different drive shafts.
-From Claim 11: Baker discloses wherein the three equal parts 22, once secured together, comprise a first end with the annular groove 23 for the band component to sit.
-From Claim 12: Baker discloses wherein the three equal parts 22, once secured together, comprise a second end which comprises an inside bore 18, where the CV boots sits.
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, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of US 2007/0142116 to Nakamura (hereinafter “Nakamura”).
-From Claim 6: Baker does not disclose wherein silicone or grease is utilized to hold the three equal parts together.
Nakamura teaches the use of silicone to adhere components of a segmented boot/clamp (¶¶ 84-85).
It would have been obvious to one of ordinary skill in the art to modify Baker by utilizing silicone as taught by Nakamura in order to provide greater adhesion/connection between the three segmented body parts.
-From Claim 7: Baker discloses wherein the band component 23 is secured around the annular groove to assemble the three equal parts.
-From Claim 20: Baker discloses a method of securing a clamp to a CV boot, the method comprising the following steps:
providing a clamp device comprising a segmented body component 22, forming three equal
parts, which are held together by a band component 23;
securing the three equal parts together; and
positioning the band 23 over the segmented body component, to secure it together; and
applying the device to a CV boot 12, to allow full travel of the boot with no abrasion damage.
However, Baker does not disclose wherein silicone or grease is utilized to hold the three equal parts together.
Nakamura teaches the use of silicone to adhere components of a segmented boot/clamp (¶¶ 84-85).
It would have been obvious to one of ordinary skill in the art to modify Baker by utilizing silicone as taught by Nakamura in order to provide greater adhesion/connection between the three segmented body parts.
Claim(s) 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Nakamura and US 6099788 to Sadr et al. (hereinafter “Sadr”).
-From Claim 13: Baker discloses a clamp device for a CV boot for a vehicle, the clamp device comprising:
a body component 22; and
a band component 23;
wherein the body component is segmented into three equal parts 22 with different diameters
to accommodate different drive shafts;
wherein the band component 23 is secured around an annular groove 37 to assemble the three
equal parts;
wherein the three equal parts 22, once secured together, comprise a first (lower) end with the annular groove for the band component to sit;
wherein the three equal parts, once secured together, comprise a second end 18 which
comprises an inside bore, where a CV boots sits; and
further wherein the clamp device allows full travel of the CV boot with no abrasion damage
and for maximum accessibility of an angle to allow the CV boot to run efficiently.
However, Baker does not disclose:
[A] wherein silicone or grease is utilized to hold the three equal parts together; or
[B] wherein the band component is locked in place around the three equal parts via a locking
Clamp.
As to [A], Nakamura teaches the use of silicone to adhere components of a segmented boot/clamp (¶¶ 84-85). It would have been obvious to one of ordinary skill in the art to modify Baker by utilizing silicone as taught by Nakamura in order to provide greater adhesion/connection between the three segmented body parts.
As to [B], Sadr teaches a band component 12 locked in place via a locking clamp 22.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Baker by adding a locking clamp as taught by Sadr in order to prevent inadvertent removal of the band component.
-From Claim 14: Baker discloses a plurality of indicia (e.g., notches 40).
-From Claim 15: Baker does not specifically disclose wherein the band component is manufactured of steel. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the band component out of steel given its ready availability and strength, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
-From Claim 16: Baker does not specifically disclose wherein the band component is manufactured of aluminum. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the band component out of aluminum given its ready availability and strength, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
-From Claim 17: Baker discloses wherein a convoluted boot 12 is mounted on a body of a typical constant velocity (CV) joint to form the CV boot.
-From Claim 18: Baker discloses wherein the CV boot 12 is formed with a plurality of convolutions which extend along a length of the CV boot.
-From Claim 19: Baker discloses wherein the clamp device 23 is secured to the CV boot, so as to form a seal between the CV boot and the clamp device, providing a gripping force to resist axial dislodgement, over a wide variety of operating conditions.
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baker in view of Nakamura and further in view of Sadr.
-From Claim 8: Baker does not discloses wherein the band component is locked in place around the three equal parts via a locking clamp. However, Sadr teaches a band component 12 locked in place via a locking clamp 22. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Baker by adding a locking clamp as taught by Sadr in order to prevent inadvertent removal of the band component.
-From Claim 9: Baker does not specifically disclose wherein the band component is manufactured of steel. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the band component out of steel given its ready availability and strength, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
-From Claim 10: Baker does not specifically disclose wherein the band component is manufactured of aluminum. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the band component out of aluminum given its ready availability and strength, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, as the cited references include structure similar to that of the presently claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J WILEY whose telephone number is (571)270-7324. The examiner can normally be reached Mon-Fri, 9am-5pm PST.
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/DANIEL J WILEY/Primary Examiner, Art Unit 3678 1/8/2025