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 .
Priority
Benefit of earlier filing date of 05/18/2023 of provisional application No. 63/467,489 is acknowledged as required by 35 U.S.C. 119.
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 6 and 8 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Breen et al. (US 20120151985 A1) hereinafter Breen.
Regarding claim 6, Breen teaches (reproduced and annotated Figs. below) a clamp assembly (gas spring retainer assembly 1b), comprising: a mount ring (split clamping ring 20b) including an outer perimeter (ovate shaped perimeter), a first passage (inner sidewall 53b to clamp body portion 7b of the gas spring 6b) extending along a first longitudinal axis (first axis of symmetry 21b), a second passage (passage that tapered plug 90 and cap screw 91 are inserted into) extending along a second longitudinal axis (second axis of symmetry 22b) spaced transversely apart from the first passage (see d), and a third passage (passage between 47b, 48b) extending along a transverse axis between the first and second longitudinal axes (as shown in Fig. 24, gap between 47a, 48b has a longitudinal axis extending perpendicular to 21b, 22b); a clamp (tapered plug 90) configured to be movable with respect to the mount ring along the third passage of the mount ring (by tightening of cap screw 90, resilient portion 25b is moved inward with movement of tapered portion of the plug 90 while the plug 90 is moved downward); and a cam (cap screw 91) configured to engage with and actuate the clamp along the third passage.
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Regarding claim 8, Breen teaches (reproduced and annotated Figs. above) the first passage includes a first passage radius (R1) and the second passage includes a second passage radius (R2), the first passage radius being greater than the second passage radius.
"18661128"
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 13, 16-17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Breen in view of Bernstein (US 5310299 A).
Regarding claim 13, Breen teaches (reproduced and annotated Figs. above) a mount ring (split clamping ring 20b), comprising: an ovate outer perimeter; a top surface; a bottom surface; a circular portion (left side portion) including a first passage (inner sidewall 53b to clamp body portion 7b of the gas spring 6b) established by a first radially inwardly facing surface at a first radius (R1) from a first longitudinal axis (first axis of symmetry 21b) extending through the first passage; an arcuate portion (right side portion) including a second passage (passage that tapered plug 90 and cap screw 91 are inserted into) established by a second radially inwardly facing surface at a second radius (R2) from a second longitudinal axis (second axis of symmetry 22b) extending through the second passage and also (passage between 47b, 48b) established by laterally inwardly facing walls extending along a transverse axis between the first longitudinal axis and the second longitudinal axis. In mount ring of Breen the second passage is straight and does not have countersink.
Bernstein teaches a sliding clamp 14 with a countersink for better engagement with cam 24 for engagement with the countersink and movement of the clamp.
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to make a countersink on top surface of the of the second passage of Breen. Doing so would make better engagement with the cam.
Regarding claim 16, Breen teaches (reproduced and annotated Figs. above) the arcuate portion includes at least one relief section (42) spaced circumferential on either side of the second passage.
Regarding claim 17, Breen teaches (reproduced and annotated Figs. above) the first radius (R1) is greater than the second radius (R2).
Regarding claim 18, Breen teaches a clamp (split clamping ring 20b), comprising: a radially inner end (57b) at a first radius from a first longitudinal axis (axis of center of 57b); a radially outer end (56b) at a second radius from a second longitudinal axis (axis of center of 56b); an upper surface; a lower surface; a first laterally outer side (left circular side) extending between the upper and lower surfaces and having a first track element (first track element is interpreted to be the larger curved outer part); a second laterally outer side (right ovate shaped side) extending between the upper and lower surfaces and having a second track element (second track element is interpreted to be the smaller curved outer part); and In mount ring of Breen the second passage is straight and does not have countersink.
Bernstein teaches a sliding clamp 14 with a countersink for better engagement with cam 24 for engagement with the countersink and movement of the clamp.
It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to make a countersink on top surface of the of the second passage of Breen. Doing so would make better engagement with the cam.
Allowable Subject Matter
Claims 1, 12 and 21 are allowed.
Claim 1 is allowed for disclosing relation between a mount ring countersink and a cam countersink. These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
The closest prior art to the claimed invention of claim 1 are Breen and Bernstein. However combination of these references does not teach the claimed relationship between the mount ring countersink and the cam countersink.
Claims 2-5 are allowed due to dependency on allowed claim 1.
Claim 12 is allowed for disclosing combination of clamp track, clamp, conical washer and socket head cap fastener. These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
The closest prior art to the claimed invention of claim 12 are Breen and Bernstein. However combination of these references does not teach the stated allowable feature.
Claim 21 is allowed for disclosing combination of third passage, cam track and protrusion. These limitations with other claimed limitations in a whole, make the instant invention neither anticipated nor rendered obvious by the best prior art in record.
The closest prior art to the claimed invention of claim 21 are Breen and Bernstein. However combination of these references does not teach the stated allowable feature.
Claims 22-28 are allowed due to dependency on allowed claim 21.
Claims 7, 9-11, 14-15 are 19-20 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHDI H NEJAD whose telephone number is (571)270-0464. The examiner can normally be reached Monday-Friday 7:30am-4pm EST.
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723
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