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 .
Response to Arguments
Applicant's arguments filed January 3, 2026 have been fully considered but they are not persuasive.
Applicant has argued that amending claims 1, 5 and 22 to further include “a handle portion” for the quick release mechanism to remove a means plus interpretation is sufficient. However, the argument is found not persuasive since the handle portion is a subcomponent of the mechanism and does not describe the quick release mechanism overall structure to perform its claimed function. Moreover, a handle portion that connects objects to the clamp device does not describe how quick release is achieved.
With regards to the Drawings, Applicant has argued that the typographical error in the disclosure has been corrected so that the fine adjustment mechanism is referred back to the adjustment mechanism ‘108’ (of a different embodiment) is sufficient to overcome the objection set forth in the last Office action. The argument is found not persuasive because (1) the clamp device 100 has a threaded opening 124 while the clamp device 200 equivalent first end 240 has an opening 244 that is configured differently, (2) the integration of the fine adjustment mechanism into clamp 200’s pin/support structure is not shown and (3) the disclosure stating “substantially similar” between the two embodiments (paragraph [00173]) is not sufficient for demonstrating possession of the combined fine adjustment mechanism and the quick release mechanism in the clamp device 200. Further, it is noted that changing “208” to “108” could be considered importing a reference numeral from a structurally distinct embodiment into the clamp device 200 since numeral 108 has been consistently used throughout the specification and drawings exclusively for the clamp device 100. Therefore, reassigning the adjustment mechanism 108 to be combined with the quick release mechanism of the clamp device 200 would constitute new matter because it creates a structural relationship between the clamp 200 components and reference 108 that was not originally described and the drawings would still not show 108 in any clamp device 200’s figures 25-42.
With regards to the amended claims 1-16 and 21-24, the rejection as set forth below addresses how the claimed clamp device does not overcome the applied art by Love (US 2,775,806) and Kiekhaefer (US 2,689,141). It is further noted that claim 1 has been amended to require the first base member opening ‘with a threaded surface that corresponds to and receives’ (lines 9-10) the threaded surface of the fine adjustment mechanism in which the teaching reference by Kiekhaefer has been reconsidered to read on the amended features. Specifically, the base member (of the catch member) has been considered with the broadest reasonable interpretation to read on both elements 2 and 17 so that the internal bore of 17 comprises the added ‘threaded surface’ to correspond and receive the threaded surface of the fine adjustment mechanism.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a quick release mechanism in claim 1 (line 5), claim 5 (line 4) and claim 22 (line 5) wherein the release mechanism has been disclosed (to quickly release the clamp) in the specification as to include a base portion 220, an arm portion 222, and a handle portion 224. Applicant has amended claim 1 so that the quick release mechanism comprises a handle portion (224); however, the functional description of one subcomponent (of the quick release mechanism) is not sufficient to perform the recited function of quick release. In other words, the handle portion alone is insufficient structure for the claimed quick release function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the combination of “a fine adjustment mechanism” (208) and “a quick release mechanism” (218 or 108) for the clamp device (as required in claims 1, 5 and 22) must be shown or the feature(s) canceled from the claim(s). Also, the clamp device of figures 25 - 42 does not show the claimed “wherein the base member comprises a first base member opening capable of receiving the threaded surface of the fine adjustment mechanism”, “a relief cut that runs between the first support member (276a) and the second support member (276b)” and “wherein the relief cut is situated on a top surface of the latch member (206) and provides space capable of seating the fine adjustment mechanism (208)” in claim 1. Further, claim 1 requires that the latch member (206) is adjustably and pivotably connected (claim 1, lines 3 - 4) to the base member (202) by the fine adjustment mechanism (208 or 108) and the second pin (210); however, the second pin (210) that is connecting the base member (202) to the latch member (206) cannot be combined with the threaded surface (claim 1, line 6) of the fine adjustment mechanism (208) as disclosed by applicant (see paragraph [0090] for disclosure of the adjustment mechanism being in the form of a button head bolt). With regards to claim 2, the Drawings do not illustrate the insertion of the fine adjustment mechanism (208 or 108) in the second pin and also the openings of the first and second support members. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: clamp 200 includes a fine adjustment mechanism 208 in which the drawings fail to illustrate said mechanism (208) of the clamp (200) in figures 25 - 42. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support for the base member (202) comprising “a first base member opening” (claim 1, line 9).
Claim Objections
Claim 1 is objected to because of the following informalities: the recitation “pivotes” (line 16) should be replaced with -- pivots --. Appropriate correction is required.
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.
Claim(s) 5-11, 14-16 and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Love, US 2,775,806.
Regarding claim 5, Love discloses a quick release clamp device, comprising: a catch member (3, 4) pivotably connected to a base member (1, 2) by a first pin (8); a latch member (28) pivotably connected to the base member (1, 2) by a second pin (13); a quick release mechanism (25) pivotably connected to the latch member (28) by a third pin (26); wherein the quick release mechanism comprises a handle portion (29) [that operably connects objects to the quick release clamp device]; wherein the catch member (3, 4) comprises: a first lug (31) and a second lug (31), which said lugs (31, 31) are situated on a top surface (see figure 1) of the catch member (3, 4); wherein the latch member (28) comprises: a first groove (30) and a second groove (30), which said grooves (30, 30) are situated on a bottom surface of the latch member (28), wherein the first groove (30) of the latch member (28) receive the first lug (31) of the catch member (3, 4) and the second groove (30) of the latch member (28) receives the second lug (31) of the catch member (3, 4); and wherein the quick release clamp device clamps to a targeted object (a pipe, hose or the like) in a secure fashion and is quickly removable from the targeted object.
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the quick release clamp device, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the clamping ring disclosed or taught by Love (US 2,775,806) and/or Kiekhaefer (US 2,689,141), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 6, Love discloses the quick release clamp device of claim 5, further comprising a fine adjustment mechanism (16) comprising a threaded surface (18).
Regarding claim 7, Love discloses the quick release clamp device of claim 6, wherein the latch member (28) is further adjustably connected to the base member (1, 2) by the fine adjustment mechanism (16).
Regarding claim 8, Love discloses the quick release clamp device of claim 7, wherein the base member (1, 2) comprises a first base member opening (of the nut 20) with a threaded surface (to screw onto the threaded end of the shank 16) that corresponds to and receives the threaded surface (18) of the fine adjustment mechanism (16).
Regarding claim 9, Love discloses the quick release clamp device of claim 8, wherein the threaded surface (18) of the fine adjustment mechanism (16) is placeable within the first base member opening (of the nut 20) and twistable (threaded) therein to change the distance between the latch member (28) and the base member (1, 2).
Regarding claim 10, Love discloses the quick release clamp device of claim 7, wherein the latch member (28) further comprises: a first support member (9), a second support member (9), and a relief cut (spacing) that runs between the first support member (9) and the second support member (9).
Regarding claim 11, Love discloses the quick release clamp device of claim 5, wherein the base member (1, 2) comprises a second base member opening (an opening on the end 7) capable of receiving and pivots about the first pin (8).
Regarding claim 14, Love discloses the quick release clamp device of claim 5, wherein the base member (1, 2) comprises a mount member (7) that extends from a top surface of the base member (1, 2); [wherein the mount member (7) allows accessories to be operably connected to the quick release clamp device].
Regarding claim 15, Love discloses the quick release clamp device of claim 5, wherein the quick release mechanism (25) further comprises a base portion (to extend from the latch member 28) and an arm portion (along the length of the mechanism 25); wherein the base portion is contiguous with the arm portion and the arm portion is contiguous with the handle portion (see figure 1).
Regarding claim 16, Love discloses the quick release clamp device of claim 5, wherein the latch member (28) further comprises: a first wing (27) and a second wing (27), wherein the first wing (27) of the latch member comprises a first opening (for the pin 26) and the second wing (27) of the latch member comprises a second opening (for the pin 26), that receive and pivot about the third pin (26); and wherein the first wing (27) and second wing (27) of the latch member (28) operably connect (integral) to a base portion of the quick release mechanism (25).
Regarding claim 21, Love discloses the quick release clamp device of claim 10, wherein the first support member (9) comprises a first opening (11) and the second support member (9) comprises a second opening (11) that receive and pivot about the second pin (13), wherein the relief cut (spacing between the members 9) is situated on a top surface of the latch member (28) and provides space to seat the fine adjustment mechanism (16).
Regarding claim 22, Love discloses a quick release clamp device, comprising: a catch member (3, 4) pivotably connected to a base member (1, 2) by a first pin (8); a latch member (28) adjustably and pivotably connected to the base member (1, 2) by a fine adjustment mechanism (16) and a second pin (13); a quick release mechanism (25) pivotably connected to the latch member (28) by a third pin (26); wherein the quick release mechanism comprises a handle portion (29) [that operably connects objects to the quick release clamp device]; wherein the fine adjustment mechanism (16) comprises a threaded surface (18); and wherein the base member (1, 2) comprises a first base member opening (of the nut 20) with a threaded surface to corresponds to and receives the threaded surface (18) of the fine adjustment mechanism (16) and a second base member opening (thru the ends 7) that receives and pivots about the first pin (8).
Regarding claim 23, Love discloses the quick release clamp device of claim 22, wherein the catch member (3, 4) comprises: a first lug (31) and a second lug (31), which said lugs are situated on a top surface of the catch member (3, 4).
Regarding claim 24, Love discloses the quick release clamp device of claim 23, wherein the latch member (28) comprises: a first groove (30) and a second groove (30), which said grooves (30, 30) are situated on a bottom surface of the latch member (28), wherein the first groove (30) of the latch member receives the first lug (31) of the catch member and the second groove (30) of the latch member receives the second lug (31) of the catch member.
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(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Love, US 2,775,806 in view of Kiekhaefer, US 2,689,141.
Regarding claim 1, Love discloses a quick release clamp device, comprising: a catch member (3, 4) pivotably connected to a base member (2) by a first pin (8); a latch member (1) adjustably and pivotably connected to the base member (2) by an adjustment mechanism (6) and a second pin (8); a quick release mechanism (27, 28, 29) pivotably connected to the latch member (1) by a third pin (26); wherein the quick release mechanism comprises a handle portion (29) [that operably connects objects to the quick release clamp device]; wherein the latch member (1) comprises: a first support member (7), a second support member (7; other lug), and a relief cut (between the bifurcated lugs) that runs between the first support member (7) and the second support member (7), wherein the first support member (7) comprises a first opening (for a pin 8 therethrough) and the second support member (7) comprises a second opening (for the pin 8) that receives and pivots about the second pin (8; figure 1), wherein the relief cut (see figure 1) is situated on a top surface of the latch member (1) and provides space to seat the adjustment mechanism (6); and wherein the quick release clamp device clamps to a targeted object (pipe, hose or the like) in a secure fashion and is quickly removable from the targeted object.
Love does not explicitly disclose the connection between the base member (2) and the latch member (1) is by a fine adjustment mechanism, wherein the fine adjustment mechanism comprises a threaded surface and wherein the base member (2) comprises a first base member opening with a threaded surface that corresponds to and receives the threaded surface of the fine adjustment mechanism.
Kiekhaefer teaches an adjustable clamp comprising a fine adjustment mechanism (15) between the base member (2, 17) and the latch member (3), wherein the fine adjustment mechanism (15) comprises a threaded surface (threaded shank part) and wherein the base member (2, 17) comprises a first base member opening (internal threaded bore of 17) with a threaded surface (figure 3) that corresponds to and receives the threaded surface (of 15) of the fine adjustment mechanism (15). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the adjustment mechanism of Love to include a fine adjustment mechanism as taught by Kiekhaefer in order to provide additional (size-memory) adjustment for the clamp at the connection point between the base member and the latch member.
Regarding claim 2, the combination of Love and Kiekhaefer teaches the quick release clamp device of claim 1. The combination does not expressly teach wherein the fine adjustment mechanism is insertable through an opening in the second pin.
However, Love discloses an adjustment mechanism (16) that is insertable through an opening (14) in a pin (13) when the pin is seated in first and second openings (11) of first and second support members (9). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to further modify the fine adjustment mechanism of the combination of Love and Kiekhaefer with a trunnion mount of the threaded surface of the adjustment mechanism as further taught by Love in order to provide an adjustment feature seated in the second pin while connecting the latch member and the base member.
Regarding claim 3, the combination of Love and Kiekhaefer teaches the quick release clamp device of claim 1. Love further discloses wherein the catch member (3, 4) comprises: a first lug (31) and a second lug (31), which said lugs (31) are situated on a top surface of the catch member (3, 4); and wherein the latch member (1) further comprises: a first groove (30) and a second groove (30), which said grooves (30, 30) are situated on a bottom surface (below 27) of the latch member (1), wherein the first groove (30) of the latch member (1) receives the first lug (31) of the catch member (3, 4) and the second groove (30) of the latch member (1) receives the second lug (31) of the catch member (3, 4).
Regarding claim 4, the combination of Love and Kiekhaefer teaches the quick release clamp device of claim 1. Love further discloses wherein the latch member (1) further comprises: a first wing (9) and a second wing (9), which said wings (9, 9) operably connected to the quick release mechanism (28).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Love, US 2,775,806.
Regarding claim 12, Love discloses the quick release clamp device of claim 11, wherein the catch member (3, 4) further comprises: a first wing, (5) a second wing (5), and a cut (spacing) between the two wings (5, 5; see figure 1) that receives (connecting) the base member (1, 2).
Love does not explicitly disclose the catch member (3, 4) comprises the member openings but instead a lug (6) wherein the first pin (8) is provided and passes through the ends (7) of the base member (1, 2). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to reverse the parts so that the catch member (3, 4) comprises said openings (on the ends 7 for the pin 8) and the base member (1, 2) comprises the central lug (6) instead, 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.
Regarding claim 13, Love discloses the quick release clamp device of claim 12, wherein the first wing (5) of the base member (1, 2) comprises a first catch member opening (on the end 7) and the second wing (5) of the catch member comprises a second catch member opening (on the other end 7), that receive and pivot about the first pin (8).
Love does not explicitly disclose wherein the first wing (5) of the catch member (3, 4) comprises a first catch member opening and the second wing (5) of the catch member comprises a second catch member opening, that receive and pivot about the first pin (8). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to reverse the parts so that the catch member (3, 4) comprises said wings (with the ends 7 having the openings) with the openings (for the pin 8) and the base member (1, 2) comprises the central lug (6) instead, 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.D./ Examiner, Art Unit 3677
/JACK W LAVINDER/ Primary Examiner, Art Unit 3677
Prosecution Insights