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 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.
Election/Restrictions
Applicant’s election of group I and species I in the reply filed on 7/16/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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 and 4-9 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent # 6,375,142 to Miller et al.
Miller et al. teaches a clamp comprising a first member including a first portion (23) in a first plane, the first portion having a first end and a second end. A second portion (11) at the first end, the second portion in a second plane perpendicular to the first plane and a third portion (12) at the second end, the third portion in a third plane parallel to the second plane. The third portion having a hole (13). The clamp includes a second member having a fourth portion (18) in a fourth plane parallel to the second plane. The second member at least partially between the second portion and the third portion. The clamp includes a fastener (14) to engage the second member, movement of the fastener to control a position of the second member relative to the second portion. 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 portion is a second distance when the second member is in a closed position. The second distance is smaller than the first distance. The second member and the second portion clamp on a working surface (24) when the second member is in the closed position. The second member includes a fifth portion (16) in a fifth plane perpendicular to the first plane. The fastener includes a pivotable surface (15) to engage the second member. The second member is connected to an object (24). The object is a cabinet (10, frame housing). A fifth portion in a fifth plane parallel to the first plane, the fourth portion extending from the fifth portion in a second direction, wherein the second direction is different from the first direction.
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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 Miller et al. in view of US Patent Application Publication # 2016/0348835 to Blalock et al.
Miller et al. teaches a 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.
Allowable Subject Matter
Claims 2-3 are 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.
Response to Arguments
Applicant's arguments filed 1/13/26 have been fully considered but they are not persuasive. The applicant argues “the members (first and second members) of Miller are aligned rather than angled.” The claims in applicant’s invention did not mention the members are at angled from each other.
The applicant argues “Miller fails to teach or even suggest the first, second, third, fourth and fifth portions. The examiner disagrees with the applicant because Miller shows the first, second, third, fourth and firth portions (see diagram below:).
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The applicant argues the first and directions in Miller’s invention are the same while the applicant’s invention showing the first and second directions are different. The examiner disagrees with the applicant because the figure above clearly shows the second direction is in the different direction than the first direction prior tighten the bolt (14).
The applicant agues Miller’s clamp is not flushed to the working surface. The examiner disagrees with the applicant because Miller’s clamp is designed to be flushed with the working surface. Furthermore the flush clamp in applicant’s invention does not appear to be flushed to the working surface.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571 272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALFRED J. WUJCIAK
Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 1/22/2026