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 .
Election/Restrictions
Applicant's election of claims 1-11 in the reply filed on May 29, 2026 is acknowledged. The amendment to claims 12-20 so that claim 12 depends from claim 1 removes the restriction requirement and therefore claims 1-20 are now being examined for patentability.
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 12-20 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.
With regards to claim 12, the claim states “a method of attaching the safety guard of claim 1” and then later states “providing the safety guard, the safety guard comprising at least one fastening point, the primary bumper, and the secondary bumper”, this renders the claim indefinite since it appears as if there are two structurally different safety guards being referenced in the claim. Specifically the safety guard of claim 1 does not include at least one fastening point, therefore it is unclear how the safety guard of claim 1 is to be attached by the method of claim 12 when it lacks the structure to perform the affixing step. Clarification and/or correction is required.
Examiner notes that no art has been applied to claims 12-20 because “where there is a great deal of confusion and uncertainty as to the proper interpretation of the limitations of a claim, it would not be proper to reject such a claim on the basis of prior art” [see MPEP 2173.06.II].
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.
Claim(s) 1-7, 9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jee (US 5,168,592).
In reference to claim 1, Jee discloses a safety guard (5) for a crimping device, comprising
a primary bumper [right projection on plate 52; see figure 1], comprising
a primary bumper leading face [front face of right projection; see figure 1], and
a first primary bumper leg [right portion of plate 51 that overlaps right projection; see figure 1] and a second primary bumper leg [right portion of plate 52 that overlaps right projection; see figure 1], each extending from the primary bumper leading face in a longitudinal direction,
a secondary bumper [left projection on plate 52; see figure 1] comprising
a secondary bumper leading face [front face of left projection; see figure 1], and
a first secondary bumper leg [left portion of plate 51 that overlaps left projection; see figure 1] and a second secondary bumper leg [left portion of plate 52 that overlaps left projection; see figure 1], each extending from the secondary bumper leading face in the longitudinal direction,
a first attachment base [connection portion in middle of plate 51] connecting the first primary bumper leg to the first secondary bumper leg, and
a second attachment base [connection portion in middle of plate 52] connecting the second primary bumper leg to the second secondary bumper leg,
wherein the primary bumper nad the secondary bumper are spaced apart from one another in a latitudinal direction so as to create a receiving gap between the primary bumper and the secondary bumper [see figure 1].
In reference to claim 2, the primary bumper leading face is generally co-planar with the secondary bumper leading face, as seen in figure 1.
In reference to claim 3, the first primary bumper leg and the second primary bumper leg are generally parallel to one another, and wherein the first secondary bumper leg and the second secondary bumper leg are generally parallel to one another, as seen in figures 1 and 2.
In reference to claim 4, the first primary bumper leg and the first secondary bumper leg are generally co-planar, as seen in figure 1.
In reference to claim 5, the second primary bumper leg and the second secondary bumper leg art generally co-planar, as seen in figure 1.
In reference to claim 6, Jee further discloses at least one fastening point (511) configured to attach the safety guard to the crimping device [see col. 2 lines 46-48; figure 1].
In reference to claim 7, the at least one fastening point (511) is disposed on at least one of the first attachment base and the second attachment base [it is noted that since the plates 51 and 52 are integral with one another the fastening point is considered disposed on the attachment base given they are disposed on the same single plate].
In reference to claim 9, the at least one fastening point comprises two fastening points disposed on the first attachment base and two fastening points disposed on the second attachment base, as seen in figure 1.
In reference to claim 11, each fastening point of the at least one fastening point comprises a through hole, as seen in figure 1.
Allowable Subject Matter
Claims 8 and 10 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.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0306935 figure 7 appears to illustrate a guard that surrounds crimping jaws when assembled together.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Debra Sullivan whose telephone number is (571)272-1904. The examiner can normally be reached Monday-Friday 8am-4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Debra M Sullivan/
Primary Examiner, Art Unit 3725
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