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 . 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 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.
Election/Restrictions
Applicant’s election with traverse of the cam and cam post assembly of Species IV (Figures 24-28) and the cam post of Species B-II (Figures 14-16) in the reply filed June 29, 2026, has been acknowledged. The traversal is on the grounds that since the specification says the cam assemblies and cam pots are interchangeable, then all species should be examined.
The Examiner respectfully disagrees and notes that examining multiple patentably distinct species together in the same application would impose a serious burden on the examiner, as such would require the search of multiple patentably distinct features that otherwise would not have to be searched for, applying appropriate prior art rejections and having to consider and respond to attorney arguments regarding such multiple patentably distinct features and rejections. Is it Applicant’s position that the specific features of the various species are not patentably distinct, and therefore obvious over one another? If so, then such should be clearly admitted on the record.
Finally, it should be noted that, as stated at page 4 of the election requirement, upon the allowance of a generic claim, applicants will be entitled to consideration of claims to the additional species that depend therefrom or otherwise include all of the limitations of that allowable generic claim. In other words, if patentability resides in the generic aspects of the inventions disclosed as opposed to the specific features of the respective species, then there will be rejoinder of those non-elected species and if patentability resides within the specifics of the elected species, then there will be no rejoinder of the other species.
The requirement is still deemed proper and is therefore made FINAL.
It is to be noted Applicant failed to set forth which claims are encompassed by the elected species as required on page 3 of the restriction requirement. The Examiner notes claim 2 recites limitations directed to unelected Species B-III, claims 7 and 20 recite limitations directed to unelected Species I, claims 11, 13, 14, and 22-24 recite limitations directed to unelected Species B-I. Therefore, claims 2, 7, 11, 13, 14, 20, and 22-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Specification
The abstract is objected to for referring to purported merits of the invention in lines 3-5. See MPEP 608.01(b). Appropriate correction is required.
Claim Objections
Although currently withdrawn it is to be noted claim 20 would be objected to because at line 1, “claim 16” should read --claim 17--, as best understood by the Examiner.
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.
Claims 1, 3-6, 8-10, 12, 15-19, 21, and 25 are 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 pre-AIA the applicant regards as the invention.
Claim 1 first sets forth a filter tube plate as part of an intended use of a cam and cam post assembly in lines 1-3. However, claim 1 goes on to positively recite the filter tube in setting forth the pivoting pin “attaches the cam to the cam post with the first end of the cam pressing the filter tube plate against the support ring” in lines 11-13. It is therefore unclear from the claim whether Applicant is intending to claim the subcombination of the cam and cam post assembly, or the combination of the cam and cam post assembly and filter tube plate, canister, etc. For the purpose of this action, the Examiner has interpreted the claims as being directed to only the cam and cam post assembly, given the preamble of the claim(s). Therefore, limitations directed to structure not a part of the subcombination are given limited patentable weight. Claims 3-6, 8-10, 12, 15, and 16 inherit this issue for depending upon claim 1. It is further noted further limitations directed to the combination are provided in claims 8, 15, and 16.
Claim 10 recites the limitation “a rod” in line 2. It is unclear from the claim whether this rod is the same as, or different from, the rod previously recited in claim 9, line 2. For the purpose of this action, the Examiner has interpreted the rod claim 10 as being the same rod set forth in claim 9. Appropriate correction should be made.
Although currently withdrawn, it is to be noted the term “tight” in claim 11, line 3, is a relative term which renders the claim indefinite. The term “tight” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What one person may described as tight, another may not. This issue is also present in claim 22, line 3.
Claim 17 first recites a filter canister, tube plate, support ring, etc. as part of an intended use for a cam post in lines 2-4. However, claim 17 goes on to positively recite the tube plate in setting forth “the cam being movable relative to the cam post when attached to the cam post to exert an increasing force against the tube plate” in lines 5-7. It is therefore unclear from the claim whether Applicant is intending to claim the subcombination of the cam and cam post assembly, or the combination of the cam and cam post assembly and filter canister, tube plate, etc. For the purpose of this action, the Examiner has interpreted the claims as being directed to only the cam and cam post assembly, given the preamble of the claim(s). Therefore, limitations directed to structure not a part of the subcombination are given limited patentable weight. Claims 18, 19, 21, and 25 inherit this issue for depending upon claim 17. It is further noted further limitations directed to the combination are provided in claim 25.
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, 3-6, 8, 12, 15-19, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0282521 (Sisk).
Regarding claim 1, Sisk discloses a cam and cam post assembly (12, 14) that secures a filter tube plate in a filter canister of a dry bulk tank trailer on a support ring in the filter canister (see Figures 1-5), the assembly comprising:
a cam (12), the cam having a cam surface (22) on a first end of the cam and the cam having a handle (26) on a second end of the cam (see Figure 1);
a pivot pin (40) on the first end of the cam (see Figure 1);
a cam post (14, 100), the cam post having a bottom end that is configured for attaching the cam post to the support ring (shown at 32 in Figure 1) with the cam post extending upward through the filter tube plate (at 10 in Figure 1) on the support ring, the cam post having a top end with an opening (114) in the top end of the cam post (see Figures 1 and 2); and
the pivot pin on the first end of the cam is positioned in the opening in the top end of the cam post (see Figure 2) and attaches the cam to the cam post with the first end of the cam pressing the filter tube plate against the support ring (see Figure 1).
Regarding claim 3, Sisk discloses the opening (114) in the top end of the cam post (14, 100) is a notch in the top end of the cam post (see Figure 2, wherein through-hole 114 can be described as an indentation, or notch, given the lack of description of the structure of the notch set forth in claim 3).
Regarding claim 4, Sisk discloses the pivot pin (40) is a removable pivot pin that is removably attached on the first end of the cam (12) and is removably attached in the opening (114) in the top end of the cam post (14, 100; see Figures 1 and 2, and paragraphs [0023]-[0025]).
Regarding claim 5, Sisk discloses the pivot pin (40) is fixed to the first end of the cam (12) and projects from a side of the first end of the cam (see Figure 1).
Regarding claim 6, Sisk discloses the first end of the cam (12) has a forked configuration (42) with pivot holes that extend through prongs of the forked configuration (see Figure 1); and
the pivot pin (40) extends through the pivot holes through the prongs of the forked configuration and the pivot pin extends between the prongs (see Figure 1 and paragraph [0023]).
Regarding claim 8, Sisk discloses the handle (26) on the second end of the cam has a straight configuration that extends straight toward a center of the filter tube plate as the handle extends from the first end of the cam (12) to the second end of the cam (see Figure 1 and 112 rejection above).
Regarding claim 12, Sisk discloses the cam post (14) having exterior screw threading at the bottom end of the cam post that is configured for mating with interior screw threading (see paragraph [0024] on an interior surface of a hole (48) through the support ring that attaches the cam post to the support ring (shown at 46 in Figure 1).
Regarding claim 15, Sisk discloses a pair of flat surfaces (shown at 122 in Figure 4, or shown with aperture 124 extending through the surface in Figure 2) on opposite sides of the bottom end of the cam post;
a pair of flat surfaces (formed on 32 in Figure 1) on opposite sides of a hole through the support ring (see 112 rejection above); and
the pair of flat surfaces on opposite sides of the bottom end of the cam post are configured to engage against the pair of flat surfaces on opposite sides of the hole through the support ring and hold the cam post fixed in position on the support ring (see Figure 1 and 112 rejection above).
Regarding claim 16, Sisk discloses the cam and cam post assembly is one cam and cam post assembly of a plurality of cam and cam post assemblies that secure the filter tube plate to the support ring (see Figure 1 and 112 rejection above).
Regarding claim 17, Sisk discloses a cam and cam post assembly (12, 14; see Figures 1-5) comprising;
a cam post (14, 100) that is attachable to a support ring (at 16 in Figure 1) in a filter canister of a dry bulk tank trailer with the cam post extending through a tube plate (at 10 in Figure 1) on the support ring (see Figure 1 and 112 rejection above);
a cam (12) that is removably attachable to the cam post, the cam being movable relative to the cam post when attached to the cam post to exert an increasing force against the tube plate (see Figure 1 and paragraphs [0023]-[0025]).
Regarding claim 18, Sisk discloses a pivot pin (40) that is removably attachable to the cam post (14, 100) and is removably attachable to the cam (see Figures 1 and 2, and paragraphs [0023]-[0025]).
Regarding claim 19, Sisk discloses a pivot pin (40) attached to the cam (12); and
the pivot pin is removably attachable to the cam post (see Figures 1 and 2, and paragraphs [0023]-[0025]).
Regarding claim 25, Sisk discloses a pair of flat surfaces (shown at 122 in Figure 4, or shown with aperture 124 extending through the surface in Figure 2) on opposite sides of the bottom end of the cam post;
a pair of flat surfaces (formed on 32 in Figure 1) on opposite sides of a hole through the support ring (see 112 rejection above); and
the pair of flat surfaces on opposite sides of the bottom end of the cam post are configured to engage against the pair of flat surfaces on opposite sides of the hole through the support ring and hold the cam post fixed in position on the support ring (see Figure 1 and 112 rejection above).
Claims 1, 3-6, 8, 15-19, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Wei).
Regarding claim 1, Wei discloses a cam and cam post assembly that secures a filter tube plate in a filter canister of a dry bulk tank trailer on a support ring in the filter canister (see Figures 1-6), the assembly comprising:
a cam (34), the cam having a cam surface (adjacent 344 in Figure 3) on a first end of the cam and the cam having a handle (345) on a second end of the cam (see Figure 3);
a pivot pin (342) on the first end of the cam;
a cam post (322), the cam post having a bottom end that is configured for attaching the cam post to the support ring with the cam post extending upward through the filter tube plate on the support ring, the cam post having a top end with an opening (325) in the top end of the cam post (see Figure 3); and
the pivot pin on the first end of the cam is positioned in the opening in the top end of the cam post and attaches the cam to the cam post with the first end of the cam pressing the filter tube plate against the support ring (see Figure 3 and paragraph [0025]).
Regarding claim 3, Wei discloses the opening (325) in the top end of the cam post is a notch in the top end of the cam post (see Figure 3).
Regarding claim 4, Wei discloses the pivot pin (342) is a removable pivot pin that is removably attached on the first end of the cam (34) and is removably attached in the opening (325) in the top end of the cam post (see Figure 3 and paragraph [0025]).
Regarding claim 5, Wei discloses the pivot pin (342) is fixed to the first end of the cam (342) and projects from a side of the first end of the cam (see Figure 3 and paragraph [0025]).
Regarding claim 6, Wei discloses the first end of the cam (34) has a forked configuration with pivot holes (343) that extend through prongs (344) of the forked configuration; and
the pivot pin extends through the pivot holes through the prongs of the forked configuration and the pivot pin extends between the prongs (see Figure 3 and paragraph [0025]).
Regarding claim 8, Wei discloses the handle (345) on the second end of the cam (34) has a straight configuration that extends straight toward a center of the filter tube plate as the handle extends from the first end of the cam to the second end of the cam (see Figure 3 and 112 rejection above).
Regarding claim 15, Wei discloses a pair of flat surfaces on opposite sides of the bottom end of the cam post (322; see Figure 3);
a pair of flat surfaces (362) on opposite sides of a hole through the support ring (36; see also 112 rejection above); and
the pair of flat surfaces on opposite sides of the bottom end of the cam post are configured to engage against the pair of flat surfaces on opposite sides of the hole through the support ring and hold the cam post fixed in position on the support ring (see Figure 4).
Regarding claim 16, Wei disclose the cam and cam post assembly is one cam and cam post assembly of a plurality of cam and cam post assemblies that secure the filter tube plate to the support ring (see paragraph [0030] and 112 rejection above).
Regarding claim 17, Wei discloses a cam and cam post assembly (see Figures 1-6) comprising;
a cam post (322) that is attachable to a support ring in a filter canister of a dry bulk tank trailer with the cam post extending through a tube plate on the support ring (see 112 rejection above);
a cam (34) that is removably attachable to the cam post, the cam being movable relative to the cam post when attached to the cam post to exert an increasing force against the tube plate (see paragraphs [0021]-[0027] and 112 rejection above).
Regarding claim 18, Wei discloses a pivot pin (342) that is removably attachable to the cam post (322) and is removably attachable to the cam (34; see Figure 3).
Regarding claim 19, Wei discloses a pivot pin (342) attached to the cam (34); and
the pivot pin is removably attachable to the cam post (322; see Figure 3).
Regarding claim 25, Wei discloses a pair of flat surfaces on opposite sides of the bottom end of the cam post (322; see Figure 3);
a pair of flat surfaces (362) on opposite sides of a hole through the support ring (36; see also 112 rejection above); and
the pair of flat surfaces on opposite sides of the bottom end of the cam post are configured to engage against the pair of flat surfaces on opposite sides of the hole through the support ring and hold the cam post fixed in position on the support ring (see Figure 4).
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 9, 10, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sisk US 3,874,627 (Vaught).
Regarding claim 9, Sisk discloses the cam and cam post assembly of claim 8, but does not expressly disclose the handle (26) comprises a rod that is removably attached to the first end of the cam (12).
Vaught teaches it is known in the art of cam and cam post assemblies (see Figure 2) to modify a handle of a cam and cam post assembly to comprise a rod (56) that is removably attached to the first end of a cam (46, 60). Vaught teaches this structure provides a removable means of operating and locking/unlocking the cam and cam post assembly (see column 3, lines 33-39). Providing such a removable means allows for a cleaner aesthetic of the overall assembly, while preventing tampering (see Figure 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the cam and cam post assembly of Sisk such that the handle comprises a rod that is removably attached to the first end of the cam, as taught in Vaught, in order to provide a removable means of operating and locking/unlocking the cam and cam post assembly, while also providing such a removable means allows for a cleaner aesthetic of the overall assembly that prevents tampering.
Regarding claim 10, Vaught teaches the handle comprises a tubular socket (52) and a rod (56) that is configured for removable insertion into the socket (see Figure 2).
Regarding claim 21, Sisk discloses the cam and cam post assembly of claim 17, but does not expressly disclose a rod, the rod being removably attached to the cam (12).
Vaught teaches it is known in the art of cam and cam post assemblies (see Figure 2) to modify a handle of a cam and cam post assembly to comprise a rod (56) that is removably attached to a cam (46, 60). Vaught teaches this structure provides a removable means of operating and locking/unlocking the cam and cam post assembly (see column 3, lines 33-39). Providing such a removable means allows for a cleaner aesthetic of the overall assembly, while preventing tampering (see Figure 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the cam and cam post assembly of Sisk such that it includes a rod, the rod being removably attached to the cam, as taught in Vaught, in order to provide a removable means of operating and locking/unlocking the cam and cam post assembly, while also providing such a removable means allows for a cleaner aesthetic of the overall assembly that prevents tampering.
Claims 9, 10, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Vaught.
Regarding claim 9, Wei discloses the cam and cam post assembly of claim 8, but does not expressly disclose the handle (345) comprises a rod that is removably attached to the first end of the cam (34).
Vaught teaches it is known in the art of cam and cam post assemblies (see Figure 2) to modify a handle of a cam and cam post assembly to comprise a rod (56) that is removably attached to the first end of a cam (46, 60). Vaught teaches this structure provides a removable means of operating and locking/unlocking the cam and cam post assembly (see column 3, lines 33-39). Providing such a removable means allows for a cleaner aesthetic of the overall assembly, while preventing tampering (see Figure 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the cam and cam post assembly of Wei such that the handle comprises a rod that is removably attached to the first end of the cam, as taught in Vaught, in order to provide a removable means of operating and locking/unlocking the cam and cam post assembly, while also providing such a removable means allows for a cleaner aesthetic of the overall assembly that prevents tampering.
Regarding claim 10, Vaught teaches the handle comprises a tubular socket (52) and a rod (56) that is configured for removable insertion into the socket (see Figure 2).
Regarding claim 21, Wei discloses the cam and cam post assembly of claim 17, but does not expressly disclose a rod, the rod being removably attached to the cam (34).
Vaught teaches it is known in the art of cam and cam post assemblies (see Figure 2) to modify a handle of a cam and cam post assembly to comprise a rod (56) that is removably attached to a cam (46, 60). Vaught teaches this structure provides a removable means of operating and locking/unlocking the cam and cam post assembly (see column 3, lines 33-39). Providing such a removable means allows for a cleaner aesthetic of the overall assembly, while preventing tampering (see Figure 1). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the cam and cam post assembly of Wei such that it includes a rod, the rod being removably attached to the cam, as taught in Vaught, in order to provide a removable means of operating and locking/unlocking the cam and cam post assembly, while also providing such a removable means allows for a cleaner aesthetic of the overall assembly that prevents tampering.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to Applicant's disclosure in the field of cam and cam post assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached on (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
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