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 .
This is a final Office Action for serial number 18/730,170, A Clamp Device And A Method Of Connecting Such A Clamp Device Onto A Cylindrical Element filed on July 18, 2024.
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 1-8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, line 14, it is not clear if "a respective inner member or outer member" - are they the same features as in lines 2, 7, and 13?
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) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 9832563 by Lindstrom.
Lindstrom ‘563 discloses a clamp device (hydromechanical clamp connection apparatus) having a longitudinal axis and comprising an inner member (inner sleeve 5) for assembly onto a cylindrical element (shaft of shaft tool 4), wherein the inner member comprises an inner surface (wall of central axial bore 8) for releasable contact with a portion of the cylindrical element outer surface; wherein inner member comprises an outer surface (cone surface 7 on the inner member 5) with an outward facing conical shape; and the clamp device further comprises an outer member (outer sleeve 6) having an inner surface (cone surface 7 on the inside of the outer member 6) defining an inward facing conical shape; wherein the inward facing conical shape is complementary with the outward facing conical shape, whereby when the outer member (6) is assembled onto the inner member (5), a wedge effect is generated (the wedge effect is implicitly disclosed by Lindstrom due to the design and function of the clamp device shown when the outer member (6) is moved in the longitudinal direction; wherein the inner member (5) or the outer member (6) comprises sealings means (sealing rings 17 and 19) that define an area on the respective member (the area of the respective vertical surface of the inner 5 and the outer 6 members defining the walls of the respective pressure chamber 9 and 10, whereby the area defines a sealed cavity (the pressure chambers 9 and 10 are sealed) between the inner and outer members and at least one of the outer member (6) or the inner member (5) comprises a fluid port (12 and 14) with the respective passageways (11 and 13), whereby a fluid (hydraulic pressure medium) may be injected into the sealed cavity.
Regarding claim 2, Lindstrom ‘563 discloses wherein the inner member comprises one or more friction enhancing portions (taper portion).
Regarding claim 3, Lindstrom ‘563 discloses wherein the inner member (5) comprises a slot (axial slot) extending along the longitudinal axis in the entire length of the inner member, see P. 3, I. 35-p.4, I.1.
Regarding claim 4, Lindstrom ‘563 discloses wherein the outer member (6) comprises guide means (9) that engage at least a portion of the slit, whereby the outer member is prevented from rotating around the longitudinal axis.
Regarding claim 5, Lindstrom ‘563 discloses wherein the inner member (5) comprises a first collar at a first end (entry) and a second collar at a second end (where the #10 is placed in the back).
Regarding claim 6, Lindstrom ‘563 discloses wherein the fluid port (13, 14) is arranged within the area (see Figs. 1-2).
Regarding claim 7, Lindstrom ‘563 discloses wherein the fluid port (13, 14) and the guide means (9) are arranged at diametrically opposite sides on the outer 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lindstrom ‘563.
Concerning method claim 8, in view of the structure discloses by Lindstrom ‘563, the method of connecting the clamp device would have been obvious, since it is the normal and logical manner in which the device would be used. If a prior art device, in its normal and usual operation, would be necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process.
Response to Arguments
Applicant's arguments filed December 29, 2025 have been fully considered but they are not persuasive.
See new 112 rejections above, in response to applicant's argument that “wherein the inner member or the outer member comprises a sealing that defines an area on a respective inner member or outer member, whereby the area defines a sealed cavity between the outer surface of the inner member and the inner surface of the outer member, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
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 TODD M. EPPS whose telephone number is (571) 272-8282. The examiner can normally be reached Monday-Friday 8am - 5pm.
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/TODD M EPPS/Primary Examiner, Art Unit 3632 March 27, 2026
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