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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
Claims 1-13 and 19-20 are original; claims 15-18 are currently amended
Claims 1-20 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 10/29/2024 and reviewed by the Examiner.
Election/Restrictions
The restriction requirement as set forth in the Office action mailed on 04/25/2025 is hereby withdrawn. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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 2-3 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.
Claims 2-3 are indefinite because in light of the disclosure it appears that the first/second cross wall comprises the protrusion and not the first side wall.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Birli (U.S. Pat. No. 7431252 B1), in view of Heath (U.S. Pat. Pub. No. 20130020447 A1) OR Jiang (U.S. Pat. No. 20160377101 A1).
Regarding claim 1, Birli teaches a beam clamp comprising:
a clamp body (body of 20) that includes:
a first side wall (24) that forms a first hook profile (via 34) and a second side wall (26) that forms a second hook profile (via 36), the first and second hook profiles being arranged to receive a beam (beam of 22) simultaneously to hang the clamp body from the beam, and the second side wall including an aperture (defined by 54, 56);
a first cross-wall (28) that extends between the first and second side walls at a first end of the clamp body, the first cross-wall including a first opening (50) and a second threaded opening (42), the first threaded opening being sized to receive and threadedly engage a threaded rod along a first axis [capable/vertical axis]; and
a second cross-wall (30) that extends between the first and second side walls at a second end of the clamp body that is opposite the first end, the second cross-wall extending integrally from the first side wall and including:
a third opening (52) aligned with the first threaded opening along the first axis to receive the threaded rod along the first axis when the threaded rod extends through the first threaded opening; and
a tab (32) that is received into the aperture in the second side wall so that contact between the tab and a wall of the aperture blocks movement of the tab in a direction perpendicular to the first axis.
However, Birli is silent to disclose the first opening being threaded. Heath and Jiang teach beam clamp having the first threaded opening (Heath; 80A and Jiang; 14 or 15).
Birli, Heath and Jiang are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Birli having the threaded opening as disclosed by Heath and Jiang. The motivation would have been to provide appropriate grip during the retention.
Regarding claim 2, Birli as modified teaches the first side wall includes: the
a first cylindrical protrusion (Heath; 82A) that includes first internal threads and defines the first threaded opening; and
a second cylindrical protrusion (Heath; 82B) that includes second internal threads and defines the second threaded opening.
Regarding claim 3, Birli as modified teaches the first cylindrical protrusion (Heath; 82A) defines a first tapered entry to the first internal threads and the second cylindrical protrusion (Heath; 82B) defines a second tapered entry to the second internal threads.
Regarding claim 4, Birli teaches the clamp body is configured to be selectively installed on the beam in a first orientation or in a second orientation to hang the threaded rod (48) at the first threaded opening to support a load hanging in a first direction or in a second direction, respectively;
wherein a set screw (40) extends through the second threaded opening to secure the clamp body to the beam in the first and the second orientations; and
wherein the threaded rod extends through the third opening with the clamp body in the first orientation.
Regarding claim 5, Birli teaches the third opening (52) is not threaded.
Regarding claim 6, Birli teaches the third opening (52) is oblong.
Regarding claim 7, Birli teaches a major axis of the third opening (54, 56) is aligned along a direction between the first and second side walls.
Regarding claim 8, Birli teaches the third opening (54, 56) is aligned with the tab (66) along a line that extends perpendicularly between the first and second side walls.
Regarding claim 9, Birli teaches the first cross-wall (30) is above the second cross-(28) wall in the first orientation and below the second cross-wall in the second orientation.
Regarding claim 10, Birli teaches the first and second side walls (30, 28) extend integrally from the first cross-wall.
Regarding claim 11, Birli teaches the third opening (52) is a closed-sided opening.
Regarding claim 12, Birli teaches the aperture (54, 56) is a recess extending into an edge of the second side wall at an end of the clamp body; and
wherein the tab (66) is secured in the recess with a press fit engagement.
Regarding claim 13, Birli teaches a beam clamp comprising:
a first side wall (24) with a first C-shaped profile configured to receive a beam;
a second side wall (26) with a second C-shaped profile configured to receive the beam simultaneously with the first C-shaped profile;
a first cross-wall (28) that extends integrally from and between the first and second side walls at a first end of the beam clamp, the first cross-wall including an extruded first threaded opening (50) that defines a first axis to receive a threaded rod (48) and an extruded second threaded opening (42) that defines a second axis to receive a set screw (40); and
a second cross-wall (30) that extends integrally from the first side wall and between the first and second side walls at a second end of the beam clamp, the second cross-wall including an unthreaded third (52) opening aligned with the extruded first threaded opening along the first axis.
However, Birli is silent to disclose the first extruded opening being threaded. Heath and Jiang teach beam clamp having the first extruded threaded opening (Heath; 80A and Jiang; 14 or 15).
Birli, Heath and Jiang are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Birli having the threaded opening as disclosed by Heath and Jiang. The motivation would have been to provide appropriate grip during the retention.
Allowable Subject Matter
Claims 15-20 are allowed.
Claim 14 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631