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 .
This is the non-final Office Action for the serial number 18/629,486, FLUSH CLAMP TO SECURE AN OBJECT TO A WORKING SURFACE, filed on 4/8/24.
Specification
The disclosure is objected to because of the following informalities: Claim 1 cites “first portion”, “second portion” and “third portion” which are not found in the specification.
Appropriate correction is required.
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 1-5 and 7-10 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.
Claim 1, line 3, “first portion”, line 3, “second portion” and line 6, “third portion” are not found in applicant’s specification. They need to be in consistent with the specification.
Claims 2-5 and 7-10 are rejected as depending on rejected claim 1.
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, 4-5 and 7-8 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent # 2,896,893 to Oliver.
Oliver teaches a clamp comprising a first member including a first portion (6) in a first plane, the first portion having a first end and a second end. The first member includes a second portion (4) extending from the first end in a first direction, the second portion in a second plane perpendicular to the first plane. The first member includes a third portion (5) extending from the second end in the first direction. The third portion in a third plane parallel to the second plane and having a hole (see where fastener 17 extends therethrough). The clamp includes a second member including a fourth portion (14) in a fourth plane parallel to the second plane. The second member at least partially between the second portion and the third portion and including a fifth portion (16) in a fifth plane parallel to the first plane. The fourth portion extending from the firth portion in a second direction, wherein the second direction is different from the first direction. The clamp includes a fastener (17) engage to the second member, movement of the fastener to control a position of the second member along the first portion relative to the second portion. Wherein the first portion, the second portion, and the third portion together define a substantially C-shaped channel that opens in the first direction. Wherein a distance between the second member and the second portion is a first distance when the second member is in an open position and the distance between the second member and the second position is a second distance when the second member is in a closed position, wherein the second distance is smaller than the first distance. Wherein the second member and the second position clamp a working surface (1) when the second member is in the closed position. The fastener includes a pivotable surface (shaft of the fastener) to engage the second member. The second member is connected to an object (1).
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 (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 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Oliver in view of US Patent Application Publication # 2016/0348835 to Blalock et al.
Oliver teaches the fastener but fails to teach the fastener includes an ergonomic knob. Blalock et al. teaches the ergonomic knob (23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added ergonomic knob to Miller’s fastener as taught by Blalock to provide the same result for securing the fastener to the clamp.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Oliver in view of US Patent # 4,079,811 to Driskell.
Oliver teaches the object is a window sill but fails to teach the object is a cabinet. Driskell teaches the cabinet (2) is mounted under the window sill. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used Oliver’s clamp for the cabinet as taught by Driskell to “provide a storage means for a fire escape ladder” (see abstract in Driskell’s invention).
Allowable Subject Matter
Claims 2-3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-5 and 7-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 7/22/26
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