DETAILED ACTION
This is the second office action for US Application 18/581,268 for a Long Span Strand Clamp.
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 .
Election/Restrictions
Claims 3, 6, and 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6 November 2025. Applicant has indicated claims 3, 6, 10, 11 and 12 as corresponding to the elected species. However, the support portion does not extend from at least one of the first or second clamp portion in a second direction oblique to the first direction as claimed in claim 3. The support portion does not extend in a second direction different than the first direction as claimed in claim 6. The elected species does not have a hinge attached to the first and second clamp portions in claim 10. The elected species does not show the wire as supported a first distance from the strand via clamp and a second wire supported a second distance, different than the first distance, from the strand via the clamp as claimed in claim 11.
Applicant's election with traverse of Species I in the reply filed on 6 November r2025 is acknowledged. The traversal is on the ground(s) that the Restriction Requirement failed to articulate any reasons why a serious burden would be placed on the Examiner. This is not found persuasive because pages 2 and 3 of the previous action note that “a search of each species would require employing different search strategies and search queries, such as different text search terms”.
The requirement is still deemed proper and is therefore made 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.
Claim(s) 1, 5, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,561,708 to Dubey. Regarding claim 1, Dubey discloses a clamp (10) for supporting a wire (29) from a strand (22). The clamp comprises a first clamp portion (11) having a first inner side (16) and a second clamp portion (13) having a second inner side (14). An opening (formed by 14, 16) sized to receive the strand (22) is defined between the first inner side and the second inner side when the first clamp portion is in the proximity of the second clamp portion (see figure1).
The first inner side and the second inner side contact the strand (22) when the strand is received within the opening to connect the clamp to the strand (see figure 1). There is a support portion (28) configured to support the wire (29) and attached to at least one of the first clamp portion or the second clamp portion such that the wire is supported from the strand via the clamp (see figures 1 and 2). There is a fastener (21) configured to cooperate with the first clamp portion and the second clamp portion (via openings 17 and 18) and movable from a first position to a second position (via threads of 21).
When the fastener is in the first position (before inserting through each hole 17, 18), the first inner side is separated from the second inner side by a first distance to facilitate relative motion between the strand and at least one of the first clamp portion of the second clamp portion, and when the fastener is in the second position (the engaged position shown in figures 1 and 2), the first inner side is separated from the second inner side by a second distance less than the first distance to inhibit the relative motion between the strand and at least one of the first clamp portion and the second clamp portion.
Regarding claim 5, a portion of the support portion (28) is fixedly attached to at least one of the first clamp portion or the second clamp portion (28 is integral with the first clamp 11 and therefore fixedly attached) to inhibit disengagement of the support portion from at least one of the first clamp portion or the second clamp portion. Regarding claim 7, at least one of the first inner side or the second inner side includes a non-uniform surface configured to limit relative motion between the strand and at least one of the first clamp portion or the second clamp portion (see figures 4 and 7 showing the first and second inner sides as being non-uniform, and the clamp limits relative motion between the strand and the clamp portions).
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3,160,378 to Goewey. Regarding claim 1, Goewey discloses a clamp (10) for supporting a wire (telephone drop… see col. 2, liens 51-60) from a strand (14). The clamp comprises a first clamp portion (16) having a first inner side (20) and a second clamp portion (16) having a second inner side (20). An opening (formed by 20 on each plate) sized to receive the strand (24) is defined between the first inner side and the second inner side when the first clamp portion is in the proximity of the second clamp portion (see figures 1-5).
The first inner side and the second inner side contact the strand (24) when the strand is received within the opening to connect the clamp to the strand (see figures 1-5). There is a support portion (12) configured to support the wire and attached to at least one of the first clamp portion or the second clamp portion (via 12a-12d) such that the wire is supported from the strand via the clamp. There is a fastener (12a-12d) configured to cooperate with the first clamp portion and the second clamp portion (via openings 22) and movable from a first position to a second position (via threads of 12a).
When the fastener is in the first position (before inserting through each hole 22), the first inner side is separated from the second inner side by a first distance to facilitate relative motion between the strand and at least one of the first clamp portion of the second clamp portion, and when the fastener is in the second position (the engaged position shown in figures 1, 2, and 5), the first inner side is separated from the second inner side by a second distance less than the first distance to inhibit the relative motion between the strand and at least one of the first clamp portion and the second clamp portion.
Regarding claim 4, the support portion (12) is located between the first clamp portion and the second clamp portion (see figure 2… via 12a and 12d) such that when the fastener is in the second position, at least one of the first clamp portion or the second clamp portion apply a force to the portion of the support portion to inhibit relative motion between the support portion and at least one of the first clamp portion or the second clamp portion (see col. 3, lines 24-65).
Claim(s) 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,561,708 to Dubey. Regarding claim 2, Dubey discloses the strand as extending in a first direction when received in the opening, but does not disclose the support portion as extending away from at least one of the first clamp portion and the second clamp portion in a direction parallel to the first direction. However, top surface (54) of the support portion (28) extends away from the first and second clamp portions in a direction perpendicular to the first direction. Rearranging the direction of the top surface to extend parallel to the first direction does not modify the operation of the device and is an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.)
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 3,160,378 to Goewey. Goewey discloses the opening as partially defined in first and second curved surfaces of the first and second inner sides, respectively, but does not disclose the surfaces as first and second flat surfaces that contact the strand when the strand is received in the opening. However, changing the shape of the opening from curved to flat does not have any particular significance, and is therefore a matter of design choice that would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention. n re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2120828 to Wilkins
US 2008/0099226 to Goch
US 2018/0301884 to DeFrance
US 2019/0232816 to Logan
US 2010/0015862 to Gegrory
US 10673215 to Matsuo
US 6174177 to Auclair
US 4383668 to Hall.
The above prior art discloses various wire support clamps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632