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 because in the Figures, the conduit is shown element with no bore through the conduit. As a conduit is defined as an element through which fluid is conveyed, the conduit 52 needs to have a bore shown.
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 1 is objected to because of the following informalities: Line 1 – replace “A” before “apparatus” with --An--.
Correction is required.
Claim 3 is objected to because of the following informalities:
Line 5 - add --the-- between “with” and “at least one”.
Line 10 - add --the-- between “with” and “at least one”.
Correction is required.
Claim 7 is objected to because of the following informalities:
Line 2 – delete “and”.
Line 4 - add --and-- after “second clamping component”.
Correction is required.
Claim 10 is objected to because of the following informalities: Line 11 - add --the-- between “wherein” and “at least one”.
Correction is required.
Claim 11 is objected to because of the following informalities: Applicant is advised that should claim 6 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 706.03(k).
Correction is required.
Claim 12 is objected to because of the following informalities: Applicant is advised that should claim 7 be found allowable, claim 12 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 706.03(k).
Correction is required.
Claim 12 is objected to because of the following informalities:
Line 2 – delete “and”.
Line 4 - add --and-- after “second clamping component”.
Correction is required.
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.
Claim(s) 1-5, 7-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poe U.S. Patent No. 4,470,609.
With regard to claim 1, Poe discloses an apparatus, comprising:
a clamping assembly, including:
a first clamping component (at 11);
at least one angled clamping surface (as shown in Fig 3 below) integrally formed as part of the first clamping component;
a second clamping component (at 12);
at least one angled clamping surface (as shown in Fig 3 below) integrally formed as part of the second clamping component;
at least one circular flange portion (as shown in Fig 3 below) integrally formed with a conduit (at 22); and
a housing portion (at 21);
wherein the first clamping component (at 11) is assembled to the second clamping component (at 12) such that both the at least one angled clamping surface integrally formed as part of the first clamping component and the at least one angled clamping surface integrally formed as part of the second clamping component are in contact with and apply force to the at least one circular flange portion integrally formed with the conduit, such that the at least one circular flange portion is in contact with and applies force to the housing portion (as shown in Fig 3).
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With regard to claim 2, Poe discloses further comprising:
at least one semicircular flange portion (at 25, similar to the semicircular flange portion as shown in Fig 2 of the instant application) integrally formed with the housing portion (at 21);
at least one angled clamping surface (as shown in Fig 3 above) integrally formed as part of the at least one semicircular flange portion; and
a second angled clamping surface (as shown in Fig 3 above) integrally formed as part of the first clamping component;
wherein the first clamping component is assembled to the second clamping component such that the second angled clamping surface integrally formed as part of the first clamping component is in contact with and applies force to the at least one angled clamping surface integrally formed as part of the at least one semicircular flange portion (as shown in Fig 3).
With regard to claim 3, Poe discloses further comprising:
at least one mating surface (as shown in Fig 4 below) integrally formed as part of the housing portion; and
at least one mating surface (as shown in Fig 4 below) integrally formed as part of the conduit;
a groove (as shown in Fig 4 below) integrally formed with at least one mating surface integrally formed as part of the housing portion; and
a seal (at 35) disposed in the groove;
wherein when the first clamping component is assembled to the second clamping component, the at least one mating surface integrally formed as part of the conduit is in contact with at least one mating surface integrally formed as part of the housing portion, and the seal is compressed (as shown in Fig 3).
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With regard to claim 4, Poe discloses further comprising:
at least one angled clamping surface (as shown in Fig 3 above) integrally formed as part of the at least one circular flange portion of the conduit;
wherein the at least one angled clamping surface integrally formed as part of the first clamping component and the at least one angled clamping surface integrally formed as part of the second clamping component are in contact with and apply force to the at least one angled clamping surface integrally formed with the at least one circular flange portion of the conduit (as shown in Fig 3).
With regard to claim 5, Poe discloses further comprising:
at least one semicircular recess (see Fig 2 below) integrally formed as part of the first clamping component, the at least one angled clamping surface integrally formed as part of the first clamping component being part of the at least one semicircular recess integrally formed as part of the first clamping component; and
at least one semicircular recess (see Fig 2 below) integrally formed as part of the second clamping component, the at least one angled clamping surface integrally formed as part of the second clamping component being part of the at least one semicircular recess integrally formed as part of the second clamping component;
wherein at least one clamping recess is formed when the first clamping component is connected to the second clamping component (when the bolts are fully tightened in Fig 2).
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With regard to claim 7, Poe discloses further comprising:
at least one mating surface (as shown in Fig 2 below) being part of the first clamping component; and
at least one mating surface (as shown in Fig 2 below) integrally formed as part of the second clamping component;
at least one mating surface (as shown in Fig 2 below) integrally formed as part of the housing portion;
wherein when the first clamping component is assembled to the second clamping component, the at least one mating surface of the first clamping component contacts the at least one mating surface formed as part of the second clamping component and the at least one mating surface of the first housing portion (when the bolts are fully tightened in Fig 2).
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With regard to claim 8, Poe discloses a clamping assembly, comprising:
a first clamping component (at 11);
a first angled clamping surface (as shown in Fig 1 above) integrally formed as part of the first clamping component;
a second angled clamping surface (as shown in Fig 1 above) integrally formed as part of the first clamping component;
a second clamping component (at 12);
at least one angled clamping surface (as shown in Fig 1 above) integrally formed as part of the second clamping component;
at least one circular flange portion (as shown in Fig 1 above) integrally formed with a conduit (at 22);
at least one angled clamping surface (as shown in Fig 1 above) integrally formed as part of the at least one circular flange portion;
a housing portion (at 21);
at least one semicircular flange portion (at 25, similar to the semicircular flange portion as shown in Fig 2 of the instant application) integrally formed with the housing portion; and
at least one angled clamping surface (as shown in Fig 1 above) integrally formed as part of the at least one semicircular flange portion;
wherein the first clamping component is assembled to the second clamping component such that both the first angled clamping surface integrally formed as part of the first clamping component and the at least one angled clamping surface integrally formed as part of the second clamping component are in contact with and apply force to the at least one angled clamping surface integrally formed as part of at least one circular flange portion, and the second angled clamping surface integrally formed as part of the first clamping component is in contact with and applies force to the at least one angled clamping surface integrally formed as part of the at least one semicircular flange portion (as shown in Fig 3).
With regard to claim 9, Poe discloses further comprising:
at least one mating surface (as shown in Fig 4 above) integrally formed as part of the housing portion;
a groove (as shown in Fig 4 above) integrally formed with at least one mating surface integrally formed as part of the housing portion;
a seal (at 35) disposed in the groove; and
at least one mating surface (as shown in Fig 4 above) integrally formed as part of the at least one circular flange portion of the conduit;
wherein when the first clamping component is assembled to the second clamping component, the at least one mating surface integrally formed as part of the conduit is in contact with at least one mating surface integrally formed as part of the housing portion, and the seal is compressed (as shown in Fig 3).
With regard to claim 10, Poe discloses further comprising:
at least one semicircular recess (as shown in Fig 2 above) integrally formed as part of the first clamping component, the first angled clamping surface and the second angled clamping surface integrally formed as part of the first clamping component being part of the at least one semicircular recess integrally formed as part of the first clamping component; and
at least one semicircular recess (as shown in Fig 2 above) integrally formed as part of the second clamping component, the at least one angled clamping surface integrally formed as part of the second clamping component being part of the at least one semicircular recess integrally formed as part of the second clamping component;
wherein at least one semicircular recess integrally formed as part of the first clamping component and the at least one semicircular recess integrally formed as part of the second clamping component are adjacent one another when the first clamping component is connected to the second clamping component, forming at least one clamping recess (when the bolts are fully tightened in Fig 3).
With regard to claim 12, Poe discloses further comprising:
at least one mating surface (as shown in Fig 2 above) being part of the first clamping component; and
at least one mating surface (as shown in Fig 2 above) integrally formed as part of the second clamping component;
at least one mating surface (as shown in Fig 2 above) integrally formed as part of the housing portion;
wherein when the first clamping component is assembled to the second clamping component, the at least one mating surface of the first clamping component contacts the at least one mating surface formed as part of the second clamping component and the at least one mating surface of the first housing portion (as shown in Fig 3 when the bolts are fully tightened).
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 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poe.
With regard to claim 6, and as shown in Figure 1, Poe discloses further comprising:
at least one fastener (at 18);
at least one aperture (at 17, column 3, lines 48-51) integrally formed as part of the first clamping component; and
at least one aperture (at 17, column 3, lines 48-51) integrally formed as part of the second clamping component;
wherein the at least one fastener (at 18) is inserted into the at least one aperture and into the at least one aperture to secure the first clamping component to the second clamping component (as shown in Fig 1).
Poe does not disclose that the at least one aperture integrally formed as part of the second clamping component is threaded but does disclose that the bolts have threaded shanks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the at least one aperture integrally formed as part of the second clamping component be threaded with a reasonable expectation of success to form a more secure connection between the aperture and the fastener and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
With regard to claim 11, and as shown in Figure 1, Poe discloses further comprising:
at least one fastener (at 18);
at least one aperture (at 17, column 3, lines 48-51) integrally formed as part of the first clamping component; and
at least one aperture (at 17, column 3, lines 48-51) integrally formed as part of the second clamping component;
wherein the at least one fastener (at 18) is inserted into the at least one aperture and into the at least one aperture to secure the first clamping component to the second clamping component (as shown in Fig 1).
Poe does not disclose that the at least one aperture integrally formed as part of the second clamping component is threaded but does disclose that the bolts have threaded shanks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the at least one aperture integrally formed as part of the second clamping component be threaded with a reasonable expectation of success to form a more secure connection between the aperture and the fastener and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
Conclusion
The prior art made of record and not relied are examples of clamping assemblies with first and second clamping components and a housing portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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