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 .
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.
Claims 1-2, 6-12, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vayries (FR 2591925).
Claim 1: Vayries discloses a clamping device that includes a first lever arm comprising a first handle portion and a first clamping portion; a second lever arm pivotably coupled to the first lever arm, the second lever arm comprising a second handle portion and a second clamping portion; a biasing element operably coupled to at least one of the first lever arm or the second lever arm, wherein absent an external force, the biasing element urges the first and second clamping portions towards one another; and a locking mechanism pivotably coupled to the second handle portion about a pivot point, wherein the locking mechanism comprises: an engagement arm pivotable about the pivot point, wherein the engagement arm is configured to selectively engage the first handle portion; and a release arm fixedly coupled to the engagement arm, wherein the release arm is pivotable about the pivot point, wherein the engagement arm is biased towards the first handle portion (see annotated copy of Figure 1 of Vayries below).
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Annotated Copy of Figure 1 of Vayries FR 2591925
Claims 2 and 12: Vayries further discloses that the engagement arm comprises at least one first mating feature (point at end of engagement arm), and wherein the first handle portion comprises at least one second mating feature (rack feature depicted in Figure 2 on the first handle portion).
Claims 6 and 16: Vayries further discloses that the first clamping portion comprises a first arcuate engagement surface, and wherein the second clamping portion comprises a second arcuate engagement surface (as depicted in Figure 1).
Claims 7-8 and 17-18: As addressed above the first and second clamping portions of Vayries are arcuate engagement surfaces and are therefore configures to secure an object with a circular cross-section such as medical tubing.
Claims 9 and 19: Vayries further discloses that the first clamping portion comprises a mounting portion (portion mounted at 6 of Figure 1).
Claims 10 and 20: Vayries further discloses that the engagement arm and the release arm are oriented perpendicular to one another (as depicted in Figure 1).
Claim 11: Vayries discloses a method of assembling clamping device, the method including pivotably coupling a first lever arm to a second lever arm (the lever arms identified above are pivotably coupled at the joint 6 of Figure 1), the first lever arm including a first handle portion and a first clamping portion (portions identified above), and the second lever arm including a second handle portion and a second clamping portion (portions identified above); biasing the first and second clamping portions towards one another using a biasing element (4 of Figure 1) operably coupled to at least one of the first lever arm or the second lever arm, wherein absent an external force, the biasing element urges the first and second clamping portions towards one another (the spring 4 forces the handle portions apart with no external force such that the clamping portions identified above are urged toward one another); pivotably coupling a locking mechanism to the second handle portion (as depicted in Figure 1 the identified locking mechanism and second handle are coupled at a pivot point) about a pivot point (5 of Figure 1), the locking mechanism (as identified above) including a release arm (as identified above) pivotable about the pivot point (the releases arm extends away from and is pivoted about the pivot point 5) and an engagement arm (as identified above) pivotable about the pivot point (as depicted in Figure 1 the engagement arm extends away from and pivots about the pivot point 5), the engagement arm configured to selectively engage the first handle portion (the engagement arms selectively engages the first handle portion by interacting with the rack shaped portion of the first handle portion depicted in Figure 2); and biasing the engagement arm towards the first handle portion (when pivoting the engagement arm towards the first handle portion in order to effect the engagement the engagement arm is biased towards the first handle).
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.
Claims 3-4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Vayries (FR 2591925) in view of Barkan et al. (US 2,532,141).
Claim 3 and 13: Vayries further discloses that the at least one second mating feature attached to the first handle portion comprises at least one recess (between the peaks of the mating feature there are recesses).
While Vayries discloses a portion of the limitations recited in claim 3, Vayries fails to disclose that the first mating portion of the engagement arm includes at least one recess.
However, Barkan et al. discloses an engagement arm (26 of Figure 1) that includes at least one recess (34 of Figure 1). The configuration of Barkan et al. is merely the reversal of the parts of Vayries.
Therefore, it would have been obvious to one of ordinary skill in the art to reverse the parts of Vayries such that the engagement arm included the first mating portion having a recess as taught by Barkan et al. Further this modification would have been prima facie obvious since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claims 4 and 14: Barkan et al. further teaches that at least one second mating feature that comprises at least one pin (36 of Figure 1).
Claims 5 and 15 rejected under 35 U.S.C. 103 as being unpatentable over Vayries (FR 2591925) in view of Barkan et al. (US 2,532,141) and Aylworth (US 127,212).
Claims 5 and 15: As addressed above Barkan et al. teaches a first mating feature that comprises a recess.
While Barkan et al. teaches a portion of the limitations recited in claim 4, Barkan et al. fails to explicitly teach that he at least one first mating feature comprises a plurality of recesses.
However, Aylworth teaches an engagement arm (C) that includes a plurality of recesses.
Therefore, it would have been obvious to one of ordinary skill in the art to duplicate the recess of Barkan et al. to provide an engagement arm including a plurality of recesses as taught by Aylworth. This modification would have been advantageous as it would provide an adjustment mechanism to the apparatus of Vayries/Barkan et al. Further this modification would have been prima facie obvious since it has been that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot in light of the new grounds for rejection presented above as required by applicant’s amendment of 07/23/2026.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 507,973 discloses an engagement arm D that includes recesses g and is perpendicular to a release arm D’.
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 JASON L VAUGHAN whose telephone number is (571)270-5704. The examiner can normally be reached Mon-Friday 8:30 - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON L VAUGHAN/Primary Examiner, Art Unit 3726
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