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 .
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.
Claim 6 is 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. In regards to claim 6, the body of the claim contradicts the preamble since it is not further limiting the subject matter of the preamble. It is unclear if applicant intends the clamp assembly as an intended use of if applicants instead intends to claim a clamp assembly.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKiernan (US 2013/02636774). McKiernan discloses a clamp assembly and fastener washer assembly comprising: two curved bands (22 and 24) terminating in two clamp members (28, 34); a threaded fastener (14) tightened with a nut (18) for fastening the clamp members towards each other to apply a clamping force; and a fastener washer assembly (10) coupled to the threaded fastener for providing a visual inspection of the tightening. The fastener washer assembly (10) comprising: a first member (54) with a visual indicator (62); a second member (38) with a window (58) in a outer rim (40) extending from a plate member (52); a biasing spring (50) between the first and second members to bias the members away from each other; wherein the visual indicator is moveable to be visible through the window when tightened to a predetermined torque (p.[0042]-[0043]).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over McKiernan as applied to claim 1 above, and further in view of Krausz (US 2012/0145270). McKiernan does not disclose washer assembly including washers. Krausz discloses a clamp assembly similar to McKiernan and teaches the option of having washers (p.[0020]). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the washer assembly of McKiernan with washers as disclosed in Krausz because Krausz teaches them as a option for yield the same results.
Allowable Subject Matter
Claims 2 and 4 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Veiga (US 9,494,237), Suggs (US 5,316,319), Suggs (US 5,024,453), Payne (US 4,170,163) and Dillon (US 2,830,486) teach other examples of fastener washer assemblies with visual indicators. Belen (US 11,796,095) is cited to teach another example of clamp assembly with a visual indicator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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