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 .
Claims 1-20 are pending.
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.
Claim 9 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.
Claim 9 recites the limitation "the second clamp jaw" in line 6. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it is assumed that the applicant meant “the second conductive clamp jaw” as positively recited in line 5.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kowalski et al. (US 5,772,468), hereinafter Kowalski.
Regarding claim 1, Kowalski discloses an electrically insulated hand clamp (clamp assembly 10, Fig. 1), comprising: a conductive clamp jaw (jaw portion 22, Fig. 1); a clamp contact assembly comprising a conductive contact (conductive contact jaw 40, Fig. 1) electrically connected to a conductive lead (cable conductor 48, Fig. 1); and a clamp insulator (insulated teeth 54, Fig. 1) that electrically insulates the conductive clamp jaw from the contact assembly.
Regarding claim 2, Kowalski discloses the electrically insulated hand clamp of claim 1, wherein the conductive lead comprises a conductive wire (cable conductor 48, Fig. 6) or a conductive lug tongue (terminal end portion 50, end portion 52, Fig. 4) in electrical communication with the conductive wire.
Regarding claim 3, Kowalski discloses the electrically insulated hand clamp of claim 2, wherein the conductive lead comprises the conductive lug tongue, the conductive clamp jaw comprises a clamp jaw hole (see Fig. 3 and 6, rivet 42 passes through contact jaw 40), the conductive lug tongue comprises a lug tongue hole aligned with the clamp jaw hole (Fig. 3, 6), and the clamp contact assembly further comprises a fastener (rivet 42, Fig. 3) extending through the lug tongue hole to electrically connect the conductive contact to the conductive lug tongue (Fig. 3).
Regarding claim 8, Kowalski discloses the electrically insulated hand clamp of claim 1, wherein the conductive clamp jaw is part of a clamp half (clamp members 12, 14, Fig. 3) comprising a clamp handle (handle portion 20, 24, Fig. 3) and a clamp connecting portion (wing section 30, 32, Fig. 3) positioned between the clamp handle and the conductive clamp jaw.
Regarding claim 9, Kowalski discloses the electrically insulated hand clamp of claim 8, wherein the clamp half comprises a first clamp half (clamp member 12, Fig. 3), the clamp handle comprises a first clamp handle (handle portion 20, Fig. 3), the clamp connecting portion comprises a first clamp connecting portion (wing section 30, Fig. 3), and the conductive clamp jaw comprises a first conductive clamp jaw (jaw portion 18, Fig. 3), the electrically insulated hand clamp further comprising a second clamp half (clamp member 14, Fig. 3) comprising a second clamp handle (handle portion 24, Fig. 3), a second conductive clamp jaw (jaw portion 22, Fig. 3), and a second clamp connecting portion (wing section 32, Fig. 3) positioned between the second clamp handle and the second clamp jaw.
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Regarding claim 10, Kowalski discloses the electrically insulated hand clamp of claim 9, wherein the first clamp connecting portion comprises first aligned pin holes (pin hole 30a, see Fig. 3 above), and the second clamp connecting portion comprises second aligned pin holes (pin hole 32a, see Fig. 3 above), the electrically insulated hand clamp further comprising: a spring (spring 26, Fig. 3) positioned between the first clamp half and the second clamp half, the spring comprising a first end, a second end (pair of legs 28, Fig. 3), and spiral between the first end and second end (Fig. 3), the first end of the spring contacting the first clamp half, and the second end of the spring contacting the second clamp half; and a pivot pin (rivet 16, Fig. 1) connecting the first connecting portion of the first clamp half to the second connecting portion of the second clamp half by extending through the first aligned pin holes in the first clamp half, the second aligned pin holes in the second clamp half, and the spiral of the spring (Fig. 3).
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(s) 11-13 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kowalski (US 5,772,468) in view of Christopher et al. (US 20130168374), hereinafter Christopher.
Regarding claim 11, Kowalski discloses an electrical cable comprising: a first end and a second end comprising a conductive lead (cable conductor 48, Fig. 1); and an electrically insulated hand clamp (clamp assembly 10, Fig. 1) comprising: a conductive clamp jaw (jaw portion 22, Fig. 1), a clamp contact assembly comprising a conductive contact (conductive contact jaw 40, Fig. 1) electrically connected to the conductive lead, and a clamp insulator (insulated teeth 54, Fig. 1) that electrically insulates the clamp jaw from the contact assembly.
However, Kowalski fails to disclose a welding-type system, comprising: a piece of welding-type equipment.
Christoper teaches a welding-type system (welding system 10, Fig. 1), comprising: a piece of welding-type equipment (clamp 68, Fig. 2) and connected to the piece of welding-type equipment (cable 66, Fig. 1).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Christopher to modify the invention of Kowalski to provide a welding system attached to a clamp for welding in order to protect the operator from electrical shock and incidental contact with the conductive portions during use. One of ordinary skill would be motivated to use the protective feature of Kowalski and the welding system of Christopher to achieve the predictable result of improved operator safety since both are spring-biased clamps used to grip a conductive member and carry electrical current.
Regarding claim 12, Kowalski discloses the welding-type system of claim 11, wherein the conductive lead comprises a conductive wire (cable conductor 48, Fig. 6) or a conductive lug tongue (terminal end portion 50, end portion 52, Fig. 4) in electrical communication with the conductive wire.
Regarding claim 13, Kowalski discloses the welding-type system of claim 12, wherein the conductive lead comprises the conductive lug tongue, the conductive clamp jaw comprises a clamp jaw hole (see Fig. 3 and 6, rivet 42 passes through contact jaw 40), the conductive lug tongue comprises a lug tongue hole aligned with the clamp jaw hole (Fig. 3, 6), and the clamp contact assembly further comprises a fastener (rivet 42, Fig. 3) extending through the lug tongue hole to electrically connect the conductive contact to the conductive lug tongue (Fig. 3).
Regarding claim 18, Kowalski discloses the welding-type system of claim 11, wherein the conductive clamp jaw is part of a clamp half (clamp members 12, 14, Fig. 3) comprising a clamp handle (handle portion 20, 24, Fig. 3) and a clamp connecting portion (wing section 30, 32, Fig. 3) positioned between the clamp handle and the clamp jaw.
Regarding claim 19, Kowalski discloses the welding-type system of claim 18, wherein the clamp half comprises a first clamp half (clamp member 12, Fig. 3), the clamp handle comprises a first clamp handle (handle portion 20, Fig. 3), the clamp connecting portion comprises a first clamp connecting portion (wing section 30, Fig. 3), and the conductive clamp jaw comprises a first conductive clamp jaw (jaw portion 18, Fig. 3), the electrically insulated hand clamp further comprising a second clamp half (clamp member 14, Fig. 3) comprising a second clamp handle (handle portion 24, Fig. 3), a second conductive clamp jaw (jaw portion 22, Fig. 3), and a second clamp connecting portion (wing section 32, Fig. 3) positioned between the second clamp handle and the second conductive clamp jaw.
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Regarding claim 20, Kowalski discloses the welding-type system of claim 19, wherein the first clamp connecting portion comprises first aligned pin holes (pin hole 30a, see Fig. 3 above), and the second clamp connecting portion comprises second aligned pin holes (pin hole 32a, see Fig. 3 above), the electrically insulated hand clamp further comprising: a spring (spring 26, Fig. 3) positioned between the first clamp half and the second clamp half, the spring comprising a first end, a second end (pair of legs 28, Fig. 3), and spiral between the first end and second end (Fig. 3), the first end of the spring contacting the first clamp half, and the second end of the spring contacting the second clamp half; and a pivot pin (rivet 16, Fig. 1) connecting the first connecting portion of the first clamp half to the second connecting portion of the second clamp half by extending through the first aligned pin holes in the first clamp half, the second aligned pin holes in the second clamp half, and the spiral of the spring (Fig. 3).
Allowable Subject Matter
Claims 4-7 and 14-17 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, allowability resides, at least in part, with the prior art of record not fairly showing, suggesting, or teaching the electrically insulated hand clamp of claim 1, wherein the clamp insulator comprises a hollow insulator tube positioned between a conductor of the clamp contact assembly and the clamp jaw within a clamp jaw hole of the conductive clamp jaw, the hollow insulator tube thereby insulating the conductive clamp jaw from the conductor of the clamp contact assembly, as recited in claim 4. These limitations are neither taught nor suggested by the prior art of record taken alone or in combination. Claims 5-7 are dependent on claim 4 and are therefore allowable for the same reasons.
Regarding claim 14, allowability resides, at least in part, with the prior art of record not fairly showing, suggesting, or teaching the welding-type system of claim 11, wherein the clamp insulator comprises a hollow insulator tube positioned between a conductor of the clamp contact assembly and the clamp jaw within a clamp jaw hole of the conductive clamp jaw, the hollow insulator tube thereby insulating the clamp jaw from the conductor of the clamp contact assembly, as recited in claim 14. These limitations are neither taught nor suggested by the prior art of record taken alone or in combination. Claims 15-17 are dependent on claim 14 and are therefore allowable for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ranaivoson (US 20170040719) discloses an electrical cable clamp including a pair of clamp members comprising insulation to protect the user from shock during use.
Shurden (US 20050191898) discloses a clamp for a electrical cable including jaws and a cable connected to the clamp assembly.
Duperret et al. (US 20010012738) discloses a clamp for a battery jumper cable having jaws and insulating material surrounding the jaws.
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/JEFFREY MOUNTAIN/ Examiner, Art Unit 2834
/TULSIDAS C PATEL/ Supervisory Patent Examiner, Art Unit 2834
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