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 .
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 1-20 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.
Claims 1 and 13 recites “two clamping ends while being retained by relative to them,” which renders the claim unclear and indefinite because Applicant fails to recite the structure the two clamping ends are being retained by. It is also unclear what is the term “them” referencing because the term can be referring to any recited structure.
Claim 1 recites “the clamping member tends to move the connecting piece” which renders claim indefinite because it is unclear whether the limitations following the term “tends” are part of the claimed invention Claim 1 recites the term “it” which renders claim unclear and indefinite since the term can be referring to any recited structure.
Regarding claims 2 and 4, the phrase "particularly" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 5-7 and 16-17 the phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
Regarding claim 7, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tinnerman (2,432,492).
As for Claim 1, Tinnerman discloses a device for clamping an object, comprising a belt (10) with at least a first and a second clamping end (11 and 12) and a clamping member (C) which connects the two clamping ends while being retained by relative to them so that the clamping of the clamping member moves the first and second clamping ends relative to each other so as to tighten the belt (see Col. 5 lines 1-14), the clamping member being retained relative to at least the first clamping end via a spring (39) and a connecting piece (30), so that the clamping of the clamping member tends to move the connecting piece relative to the first clamping end against the elastic return of the spring, the connecting piece being able to occupy, relative to the first clamping end, a waiting position in which it holds the spring with respect to the first clamping end (see Fig. 1).
2. The device according to claim 1, comprising a member (33) for holding the connecting piece in the waiting position, particularly a waiting clipping member.
3. The device according to claim 1, wherein the connecting piece is configured to occupy a clamping threshold position which is reached by the clamping of the clamping member (see Fig. 2).
4. The device according to claim 3, comprising a threshold mark (see Fig. 2) to note that the clamping threshold position has been reached, the threshold mark particularly comprising a threshold clipping member.
5. The device according to claim 1, wherein the connecting piece is able to occupy a maximum clamping limit position (see Fig. 2), the device optionally comprising a maximum clamping stop.
6. The device according to claim 1, wherein the connecting piece forms a cage part (interior defined by 30 which houses portion 39) in which the spring is disposed, the connecting piece optionally having a portion for centering the spring.
7. The device according to claim 6, wherein the clamping member comprises a clamping rod (rod of C) and the cage part formed by the connecting piece has a retaining surface (37) against which an element for retaining the clamping rod, such as a head of said rod, is retained, said retaining surface optionally comprising an anti- rotation member of the clamping rod and being optionally located on an outer face of the spring centering portion.
8. The device according to claim 2, wherein the connecting piece has a U shape (30 has U shape) with two branches (31 and 32), the connecting piece being plugged onto the first clamping end so that this first clamping end passes between the two branches (see Fig. 2), the member for holding the connecting piece in the waiting position comprising at least one holding protrusion protruding on the inner face of at least one of the two branches (see Fig. 3).
9. The device according to claim 4, wherein the connecting piece has a U shape (30 has U shape) with two branches (31 and 32), the connecting piece being plugged onto the first clamping end so that this first clamping end passes between the two branches (see Fig. 2), the threshold mark comprising a mark protrusion (36) protruding on the inner face of at least the one of the two branches.
10. The device according to claim 5, wherein the connecting piece has a U shape (30 has U shape) with two branches (31 and 32), the connecting piece being plugged onto the first clamping end so that this first clamping end passes between the two branches (see Fig. 2), at least one of the two branches having a maximum clamping stop protrusion (33).
11. The device according to claim 1, wherein the clamping member comprises a clamping rod (rod of C) which is retained relative to the second clamping end of the belt by a nut (37).
12. The device according to claim 1, wherein the belt comprises a first belt part (belt part of 11) whose first end forms one of the first and second clamping ends and a second belt part (belt part of 12) whose first end forms the other of the first and second clamping ends, said second belt part forming a fixing part (21) configured to be fixed on a support.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Plank U.S. 20150000109
Wagner et al. U.S. 6,234,541
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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.
/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677