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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/26/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7, 10, and 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Bodo US 5190251 (hereinafter Bodo) in view of Ogawa US 2013/0221185 (hereinafter Ogawa).
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Re. Cl. 1, Bodo discloses: A tube clamp (Fig. 1) for securing at least one tube (4, Fig. 5) to a panel (5, Fig. 5), the tube clamp comprising: an inner frame (1, Fig. 1) configured to be mounted to the panel (see Fig. 5), the inner frame including a pair of side walls (see annotated figure 1) and a top wall (see annotated figure 1); an outer frame (2, Fig. 1) configured to clamp the at least one tube therein (see Fig. 5), the outer frame including a main body and a pair of legs projecting downward from the main body (see annotated figure 1); and a plurality of tethers (7, Fig. 1) connecting the inner and outer frames to one another (see Fig. 1), the plurality of tethers including at least one vertical tether projecting upward from the top wall of the inner frame to the main body of the outer frame (see 7, Fig. 1),
Re. Cl. 2, Bodo discloses: the top wall of the inner frame is flat (see annotated figure 1).
Re. Cl. 10, Bodo discloses: the inner frame further includes a bottom wall and a plurality of stud engaging claws (see annotated figure 1), the bottom wall defining a hole configured to receive a stud fixed to the panel (see Fig. 5, via 6), the plurality of stud engaging claws projecting inward from the side walls and configured to engage threads on the stud (see Fig. 5, in the same manner as they engage with 6).
Re. Cl. 16, Bodo discloses: A tube clamp (Fig. 1) for securing at least one tube to a panel (see 4 to 5, Fig. 5), the tube clamp comprising: an inner frame (1, Fig. 1) configured to be mounted to the panel (see Fig. 5); an outer frame (2, Fig. 1) configured to clamp the at least one tube therein (see Fig. 5); and a plurality of tethers (7, Fig. 1) connecting the inner and outer frames to one another (see Fig. 1), wherein each tether of the plurality of tethers has an S shape (see Fig. 1, Col. 2, Line 27-28).
Re. Cl. 20, Bodo discloses: A tube clamp (Fig. 1) for securing at least one tube to a panel (see 4 to 5, Fig. 5), the tube clamp comprising: an inner frame (1, Fig. 1) configured to be mounted to the panel (see Fig. 5) the inner frame including a pair of side walls, a top wall and a bottom wall (see annotated figure 1); an outer frame (2, Fig. 1) that is disposed outside of and fits around the inner frame (see Fig. 1) and is
configured to clamp the at least one tube therein (see Fig. 5); the outer frame including an oblong body and a pair of legs projecting downward from the oblong body (see annotated figure 1, the main body is oblong and the leg project downward therefrom), wherein the oblong body is disposed above the top wall of the inner frame and the legs are disposed alongside the sidewalls of the inner frame (see Fig. 1); and a plurality of S-shaped tethers (7, Fig. 1 Col. 2, Line 27-28) connecting the inner and outer frames to one another (see Fig. 1).
Re. Cl. 22, Bodo discloses: the top wall is straight (see annotated figure 1).
Re. Cls. 1, 3-7, and 16-22, Bodo does not disclose wherein at least one tether of the plurality of tethers is attached to one of the inner and outer frames at a front side of the tube clamp and extends to a front surface of the one of the inner and outer frames at the point of attachment thereto, and at least one tether is attached to the other one of the inner and outer frames at a rear side of the tube clamp and extends to a rear surface of the other one of the inner and outer frame at the point of attachment thereto (Cl. 1), the plurality of tethers further includes at least one horizontal tether projecting outward from one of the side walls of the inner frame to one of the legs of the outer frame (Cl. 3), the at least one horizontal tether includes a pair of horizontal tethers with one of the horizontal tethers projecting outward from one of the side walls of the inner frame to one of the legs of the outer frame, and the other one of the horizontal tethers projecting outward from the other one of the side walls of the inner frame to the other one of the legs of the outer frame (Cl. 4), the one horizontal tether is attached to the one side wall at the front side of the tube clamp and is attached to the one leg at the rear side of the tube clamp, and the other horizontal tether is attached to the other side wall at the rear side of the tube clamp and is attached to the other leg at the front side of the tube clamp (Cl. 5), the at least one vertical tether includes three vertical tethers projecting upward from the top wall of the inner frame to the main body of the outer frame (Cl. 6), two of the three vertical tethers are attached to the top wall of the inner frame on the same side of the tube clamp and the third vertical tether is attached to the top wall on the opposite side of the tube clamp, and the two vertical tethers are attached to the main body of the outer frame on the same side of the tube clamp, and the third vertical tether is attached to the main body of the outer frame on the opposite side of the tube clamp (Cl. 7); wherein at least one tether of the plurality of tethers is attached to one of the inner and outer frames at a front side of the tube clamp and extends to a front surface of the one of the inner and outer frames at the point of attachment thereto, and the at least one tether is attached to the other one of the inner and outer frames at a rear side of the tube clamp and extends to a rear surface of the other one of the inner and outer frames at the point of attachment thereto (Cl. 16), the S shape of each tether is defined by a pair of end portions and a middle portion that connects the end portions to one another, with the middle portion being longer than the end portions (Cl. 17), the end portions extend at a right angle from a surface of one of the inner and outer frames, and the middle portion extends from the end portions at one of a right angle and an obtuse angle (Cl. 18), the plurality of tethers includes a first tether and a second tether; the first tether is attached to the inner frame at the front side of the tube clamp and is attached to the outer frame at the rear side of the tube clamp; and the second tether is attached to the inner frame at the rear side of the tube clamp and is attached to the outer frame at the front side of the tube clamp (Cl. 19); wherein at least one S-shaped tether of the plurality of S-shaped tethers is attached to one of the inner and outer frames at a front side of the tube clamp and extends to a front surface of the one of the inner and outer frames at the point of attachment thereto, and the at least one S-shaped tether is attached to the other one of the inner and outer frames at a rear side of the tube clamp and extends to a rear surface of the other one of the inner and outer frames at the point of attachment thereto, the plurality of S- shaped tethers including two horizontal tethers and three vertical tethers, one of the horizontal tethers projecting outward from one of the side walls of the inner frame to one of the legs of the outer frame, the other horizontal tether projecting outward from the other side wall of the inner frame to the other leg of the outer frame, the vertical tethers projecting upward from the top wall of the inner frame to the oblong body of the outer frame (Cl. 20), the one horizontal tether is attached to the one side wall at the front side of the tube clamp and is attached to the one leg at the rear side of the tube clamp, and the other horizontal tether is attached to the other side wall at the rear side of the tube clamp and is attached to the other leg at the front side of the tube clamp (Cl. 21) or two of the three vertical tethers are attached to the top wall of the inner frame on the same side of the tube clamp and the third vertical tether is attached to the top wall on the opposite side of the tube clamp, and the two vertical tethers are attached to the oblong body of the outer frame on the same side of the tube clamp, and the third vertical tether is attached to the oblong body of the outer frame on the opposite side of the tube clamp (Cl. 22). Ogawa discloses Ogawa discloses a tube clamp for securing at least one tube to a panel (see Fig. 1) which includes an inner frame (50, Fig. 1) and an outer frame (40, Fig. 1) which are secured to one another using a plurality of tethers (see 70, Fig. 1). Re. Cl. 1, Ogawa discloses the plurality of tethers including at least one vertical tether (see 72, 73, specifically called out in Fig. 1) projecting vertically between opposed horizontal surfaces of the inner and outer frames, wherein at least one tether of the plurality of tethers is attached to one of the inner and outer frames at a front side of the tube clamp and extends to a front surface of the one of the inner and outer frames at the point of attachment thereto (see Fig. 7), and the at least one tether is attached to the other one of the inner and outer frames at a rear side of the tube clamp (see Fig. 7, the tethers cross from front to back as shown) and extends to a rear surface of the one of the inner and outer frames at the point of attachment thereto (see Fig. 7). Re. Cl. 3, Ogawa discloses the plurality of tethers further includes at least one horizontal tether projecting outward from one of the side walls of the inner frame to one of the legs of the outer frame (see Fig. 3, there are tethers 70 on the side portions of 40, 50 connecting them together). Re. Cl. 4, Ogawa discloses the at least one horizontal tether includes a pair of horizontal tethers with one of the horizontal tethers projecting outward from one of the side walls of the inner frame to one of the legs of the outer frame, and the other one of the horizontal tethers projecting outward from the other one of the side walls of the inner frame to the other one of the legs of the outer frame (see Fig. 3, 72 and 73). Re. Cl. 5, Ogawa discloses the one horizontal tether is attached to the one side wall at the front side of the tube clamp and is attached to the one leg at the rear side of the tube clamp, and the other horizontal tether is attached to the other side wall at the rear side of the tube clamp and is attached to the other leg at the front side of the tube clamp (see Fig. 7, the tethers cross from front to back as shown). Re. Cl. 6, Ogawa discloses the at least one vertical tether includes three vertical tethers projecting between the opposed horizontal surfaces of the inner and outer frame (see Fig. 7 and Paragraph 0090 discussing three kinds). Re. Cls. 7 and 22, Ogawa discloses the vertical tethers are attached to the inner and outer frames in alternative fashion since they cross one another as shown in Fig. 7 and also discloses that there could be three kinds of vertical tethers (Paragraph 0090, it is the Examiner’s position that having three tethers would result in having two of the same and one different; i.e. two 72s and one 73). ). Re. Cl. 16, Ogawa discloses each tether of the plurality of tethers has an S-shape (see Fig. 7), wherein at least one tether of the plurality of tethers is attached to one of the inner and outer frames at a front side of the tube clamp and extends to a front surface of the one of the inner and outer frames at the point of attachment thereto (see Fig. 7), and the at least one tether is attached to the other one of the inner and outer frames at a rear side of the tube clamp (see Fig. 7, the arms 72, 73 cross from front to back to attach between the inner and outer frames) and extends to a rear surface of the one of the inner and outer frames at the point of attachment thereto (see Fig. 7). Re. Cl. 17, Ogawa discloses the S shape of each tether is defined by a pair of end portions and a middle portion that connects the end portions to one another, with the middle portion being longer than the end portions (see annotated figure 7). Re. Cl. 18, Ogawa discloses the end portions extend at a right angle from a surface of one of the inner and outer frames, and the middle portion extends from the end portions at one of the a right angle and an obtuse angle (see Fig. 7). Re. Cl. 19, Ogawa discloses the first tether is attached to the inner frame at a front side of the tube clamp and is attached to the outer frame at a rear side of the tube clamp; and the second tether is attached to the inner frame at the rear side of the tube clamp and is attached to the outer frame at the front side of the tube clamp (see Fig. 7). Re. Cl. 20, Ogawa discloses the inner frame (50, Fig. 3) including a pair of side walls (see Fig. 3, side walls where 53 extend from) and a top wall (see Fig. 3, where 52 points to), the outer frame (40, Fig. 3) including an oblong body (where 60 is attached, Fig. 3) and a pair of legs projecting from the body (opposing legs where 80 are located on, Fig. 3), wherein the body is disposed above the top wall of the inner frame and the legs are disposed alongside the sidewalls of the inner frame (see Fig. 3), a plurality of S-shaped tethers (see 70, Fig. 1-3 and 7), wherein at least one S-shaped tether of the plurality of S-shaped tethers is attached to one of the inner and outer frames at a front side of the tube clamp and is attached to the other one of the inner and outer frames at a rear side of the tube clamp (see Fig. 7, as crossing one another from front to back), and extends to a front surface of the one of the inner and outer frames at the point of attachment thereto (see Fig. 7),and the at least one S-shaped tether is attached to the other one of the inner and outer frames at a rear side of the tube clamp and extends to a rear surface of the one of the inner and outer frames at the point of attachment thereto (see Fig. 7), the plurality of S-shaped tethers has two horizontal tethers (see Fig. 3) and three vertical tethers (see 72, 73 specifically called out in Fig. 1, and Paragraph 0090 as discussing three types of tethers), one of the horizontal tethers projecting outward from one of the side walls of the inner frame to one of the legs of the outer frame (see Fig. 3 and 7), the other horizontal tether projecting outward from the other side wall of the inner frame member to the other leg of the outer frame (see Fig. 3 and 7) the vertical tethers projecting upward from the top wall of the inner frame to the oblong body of the outer frame (see Fig. 7). Re. Cl. 21, Ogawa discloses the one horizontal tether is attached to the one side wall at the front side of the tube clamp and is attached to the one leg at the rear side of the tube clamp, and the other horizontal tether is attached to the other side wall at the rear side of the tube clamp and is attached to the other leg at the front side of the tube clamp (see Fig. 3 and 7, the side members 72, 73 cross over each other as shown in Fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the configuration between the inner and outer frame of Bodo (i.e. replacing the tethers and having the outer frame alongside the inner frame) as disclosed by Ogawa with reasonable expectation of success since Ogawa states that such a modification enables for absorption of vibrations in all directions (Paragraph 0119). This particular configuration would be particularly useful and advantageous since Bodo states that the webs/tethers (7) only allow deflection to a lesser degree in a direction perpendicular to the carrier plate (Col. 2, Lines 34-40). Such a configuration would provide additional vibration damping in the Examiner’s position. Furthermore, it is the Examiner’s position that the proposed modification would result in a tube clamp which is vertically more compact which would be desirable for use in situations where clearance between structures is limited (i.e. in automobiles).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Bodo in view of Ogawa as applied to claims 1-7, 10, and 16-22 above, and further in Sedivy US 7651057 (hereinafter Sedivy) in view of Wakabayashi US 8914952 (hereinafter Wakabayashi).
Re. Cl. 8-9, Bodo in view of Ogawa does not disclose horizontal tabs that project outward from the side walls and vertical tabs that project upward from the top wall, the horizontal tabs are configured to engage the legs on the outer frame to limit movement of the outer frame relative to the inner frame in a side-to-side direction (Cl. 8) or each leg of the outer frame includes a tab that projects inward from its distal end toward one of the side walls on the inner frame and is configured to engage the one side wall to limit movement of the outer frame relative to the inner frame in a side-to-side direction (Cl. 9). Sedivy discloses the inner frame further includes vertical tabs (22,23 Fig. 3) that project upward from the top wall; and the vertical tabs are configured to engage the main body of the outer frame to limit movement of the outer frame relative to the inner frame in a vertical direction (see Fig. 3). Wakabayashi discloses a tube clamp with an inner (16a, 16b, Fig. 1) and outer member (24, Fig. 1) wherein horizontal tabs project between the inner and outer members (see 20a, b, Fig. 1). Re. Cl. 8, Wakabayashi discloses disclose horizontal tabs (20, comprised of 20a, 20b) that project outward from the side walls and the horizontal tabs are configured to engage the legs on the outer frame to limit movement of the outer frame relative to the inner frame in a side-to-side direction (Col. 5, Lines 42-46, as protruding outwards from 16a-b towards 18a-b). Re. Cl. 9, Wakabayashi discloses each leg of the outer frame (18a, b, Fig. 1) includes a tab (20a, 20b, Fig. 1) that projects inward from its distal end toward one of the side walls on the inner frame and is configured to engage the one side wall to limit movement of the outer frame relative to the inner frame in a side-to-side direction (see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Bodo in view of Ogawa device to include the tabs of Sedivy with reasonable expectation of success since Sedivy states that such a modification limits the relative movement of the inner case relative to the outer cage (Col. 2, Lines 55-58). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Bodo device to include the tabs of Wakabayashi with reasonable expectation of success since Wakabayashi states that such a modification functions as stoppers against excessive wobbling with respect to the inserted bolt (Col. 5, Lines 28-32).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bodo in view of Ogawa as applied to claims 1-7, 10, and 16-22 above, and further in view of Naoi US 2012/0128410 (hereinafter Naoi).
Re. Cl. 11, Bodo does not disclose the inner frame further includes a pair of feet that project outward and downward from lower corners thereof where the sidewalls meet the bottom wall; and the feet are configured to act as spring that bias the tube clamp upward and thereby maintain the stud engaging claws in engagement with the threads on the stud. Naoi discloses that it is known to employ feet (43, Fig. 3) on an inner frame member (40, Fig. 3) to bias the inner member from the attached member/panel (Paragraph 0142). Re. Cl. 11, Naoi discloses includes a pair of feet that project outward and downward from lower corners thereof where the sidewalls meet the bottom wall (see Fig. 3); and the feet are configured to act as spring that bias the tube clamp upward and thereby maintain the stud engaging claws in engagement with the threads on the stud (see Paragraph 0142, Lines 1-5).
It would have been obvious to one of ordinary in the art before the effective filing date of the claimed invention to modify the inner frame of Bodo to include the feet of Naoi with reasonable expectation of success since Naoi states that such a modification elastically abut against the attached member so as to prevent the transmission of vibration from an abutting surface between the attached member and the attaching portion (see Paragraph 0016).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bodo in view of Ogawa as applied to claims 1-7, 10, and 16-22 above, and further in view of Kato US 2005/0139732 (hereinafter Kato).
Re. Cls. 12-14, Bodo disclose the inner frame further includes a bottom wall (see annotated figure 1) but does not disclose a base projecting downward from the bottom wall and configured to be retained within a hole in the panel via a snap fit (Cl. 12), the base includes an elongated body and a pair of protrusions that project in opposite directions from the elongated body; as the base enters the hole in the panel, the protrusions are configured to flex inward toward one another due to engagement with a perimeter of the hole; and when the protrusions are moved past the hole in the panel, the protrusions return to their relaxed state and engage an underside surface of the panel and thereby inhibit withdrawal of the base from the hole in the panel (Cl. 13) or the elongated body is a hollow rectangular body; the rectangular body defines a pair of openings in which the protrusions are positioned, each opening having a pair of side edges and a bottom edge; and each protrusion extends from the bottom edge of one of the openings and is detached from the side edges of the one opening (Cl. 14). Kato discloses an alternate attachment for a tube clamp to a supporting structure (see 6, Fig. 1) which includes a bottom wall (14, Fig. 1-2), and a base (13, Fig. 2) projecting downward from the bottom wall and configured to be retained within a hole in the panel via a snap fit (see Fig. 1-2, using elastic pawls 15); the base includes an elongated body (13, Fig. 1-2) and a pair of protrusions (15, Fig. 1-2) that project in opposite directions from the elongated body; as the base enters the hole in the panel, the protrusions are configured to flex inward toward one another due to engagement with a perimeter of the hole; and when the protrusions are moved past the hole in the panel, the protrusions return to their relaxed state and engage an underside surface of the panel and thereby inhibit withdrawal of the base from the hole in the panel (see Fig. 8); the elongated body is a hollow rectangular body (see Fig. 1-3); the rectangular body defines a pair of openings in which the protrusions are positioned, each opening having a pair of side edges and a bottom edge; and each protrusion extends from the bottom edge of one of the openings and is detached from the side edges of the one opening (see Fig. 2, the pawls 15 extend upward from the bottom edge of the illustrated openings).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the stud engaging pawl arrangement of Bodo with the projecting base arrangement of Kato with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve the predictable result of securing the tube clamp to a supporting surface. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Claims 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bodo in view of Ogawa as applied to claims 1-7, 10, and 16-22 above, and further in view of Benoit US 2002/0179780 (hereinafter Benoit).
Re. Cls. 12 and 15, Bodo disclose the inner frame further includes a bottom wall (see annotated figure 1) but does not disclose a base projecting downward from the bottom wall and configured to be retained within a hole in the panel via a snap fit (Cl. 12) or the base includes an elongated body and a plurality of ribs that project from a side surface of the elongated body and are spaced apart from one another along a longitudinal axis of the elongated body; as the base enters the hole in the panel, the plurality of ribs are configured to flex inward toward the elongated body due to engagement with a perimeter of the hole; and when the plurality of ribs are moved past the hole in the panel, the plurality of ribs return to their relaxed state and engage an underside surface of the panel and thereby inhibit withdrawal of the base from the hole in the panel (Cl. 15). Benoit discloses a base (34, Fig. 2) projecting downward from the bottom wall (36, Fig. 3) and configured to be retained within a hole in the panel via a snap fit (see Fig. 2); the base includes an elongated body (see 34, Fig. 2) and a plurality of ribs (38, Fig. 2) that project from a side surface of the elongated body and are spaced apart from one another along a longitudinal axis of the elongated body (see Fig. 2); as the base enters the hole in the panel, the plurality of ribs are configured to flex inward toward the elongated body due to engagement with a perimeter of the hole; and when the plurality of ribs are moved past the hole in the panel, the plurality of ribs return to their relaxed state and engage an underside surface of the panel and thereby inhibit withdrawal of the base from the hole in the panel (see Fig. 2, shown schematically and discussed in Paragraph 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the stud engaging pawl arrangement of Bodo with the projecting base arrangement of Benoit with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve the predictable result of securing the tube clamp to a supporting surface. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oi US 6206330, Nakanishi US 7036775, Nakanishi US 2003/0010874, and Maruyama US 6241198 disclose other known tube clamps presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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