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 .
Response to Arguments
Applicant's arguments filed 3/24/26 have been fully considered but they are not persuasive. Examiner acknowledges the Applicant’s position and grants that it may have merit, however, it is believed the prior art still reads on the claims under the broadest reasonable interpretation.
Applicant’s arguments that Paulau-Dominguez discloses “a retaining bridge also obtained by stamping and deformation of the strip” is acknowledged. However, it is believed in light of the remaining disclosure (which does not explicitly disclose the bent edges Applicant is focusing arguments on) that Palau-Dominguez teaches stamping of the strip to remove material to narrow the width (Fig. 2, element 15) and deformation to change the elevation of the bridge relative to the remainder of the strip (see Fig. 1, element 12).
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) 1-10 and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Palau Dominguez, U.S. Patent 8,230,556 of Palau Dominguez ‘556 in view of Haensli, U.S. Patent 11,408,545.
Regarding Claim 1, Palau Dominguez teaches:
first and second end portions (see below) adapted to overlap each other as inner and an
outer clamping band portions when installing the clamp structure around an object to be fastened,
connecting means (14, 13, 6, 2, 3) operable to mechanically interconnect the inner and outer clamping band portions, and
tolerance compensation means (12, 15) to impart stretchability to the clamping band in its longitudinal direction (see Abstract, see Col 1, Lns 40-45),
characterized in that the tolerance compensation means includes the following adjacent band regions along the longitudinal direction of the clamping band that have a pair of lateral band edges extending outwardly and terminating in a common plane with the adjacent band regions so that the adjacent band regions are planar (see Response to Arguments above):
a first band region (see below) in which the lateral band width between the pair of lateral band edges decreases from a first band width to a second band width between the pair of lateral band edges which is smaller than that first band width,
a second band region (see below) in which the lateral band width between the pair of lateral band edges remains constant at the second band width, and
a third band region (see below) in which the lateral band width increases to a third band width which is larger than the second band width;
wherein all three band regions (see below, see Arguments) of the tolerance compensation means have less material extending between are defined by the removal of material from the lateral band edges than the first band width of the clamping band to reduce from the first band width to the second band width (see Arguments).
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**Examiner's Note: Examiner notes that the above claim contains the claim language “adapted to overlap…to be fastened”, “operable to mechanically…clamping band portions” and “to impart stretchability…its longitudinal direction”, which does not constitute a recitation of positively claimed structural elements, but a recitation of function which the claimed device must be capable. The prior art of Palau Dominguez ‘556, is interpreted as capable of these functions. See MPEP 2111.04 [R-3], see Ex Parte Marsham, 2 USPQ2d 1647 (1987).
**Examiner’s Note: Examiner notes that these claims are considered to be product-by-process claims due to the limitations “defined by removal of material from the lateral band edges of the clamping band“. “Even though product-by-process claims are limited by and defined by the process, the patentability of the product does not depend on its method of production. Determination of patentability is based on the product itself. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process", In re Thorpe, 227 USPQ 964, 966. See MPEP 2113.
Should Applicant disagree that Palau Dominguez ‘556 teaches the tolerance compensation means then Haensli ‘545 is introduced to teach:
Tolerance compensation means (25, 26) to impart stretchability to the clamping band in its longitudinal direction (see Abstract, see Col 1, Lns 40-45).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Palau Dominguez ‘556 with a tolerance compensating means because that would provide for adaptive fastening in the case of temperature change or other needs for tolerance compensation.
Regarding Claim 2, see Palau Dominguez ‘556 drawing selection above and figs. 1-2.
Regarding Claim 3, Palau Dominguez ‘556 appears teach exactly the limitations of this claim, but does not disclose the sums of the first and third band regions. It would have been obvious to one of ordinary skill in the art barring any unforeseen result to provide Palau Dominguez ‘556 or Palau Donguez-Hainsli with the claimed dimensions because Applicant has not stated any specific problem solved by the claimed dimensions nor provided any unforeseen result stemming from the claimed dimensions and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. See MPEP 2144.05 [R-5].
Regarding Claims 4-5, the prior art(s) is/are silent with regard to the specific angles claimed because the angles of Palau Dominguez are clearly between 90° and 180° and because Applicant has not stated any specific problem solved by the claimed dimensions nor provided any unforeseen result stemming from the claimed dimensions and it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. See MPEP 2144.05 [R-5].
Regarding Claim 6, see Palau Dominguez drawing selection above and figs. 1-2, note location of elements 12, 15.
Regarding Claims 7-8, see drawing selection above and see fig. 2, elements 12, 15.
Regarding Claims 9-10, see drawing selection above and see fig. 2, elements 12, 15.
Regarding Claim 12, Palau Dominguez teaches:
wherein the connecting means (14, 13, 6, 2, 3) includes a tensioning hook (3) having a
window (5) formed by cutting-out band material in the lateral center portion of the clamping band (see Col 6, Lns 13-17)
the cut-out window is at least partially formed within the third band region (see 3, 13 and 14 and note that when the clamp is wrapped the cut-out window would reside at least partially overlapping the third band region which meets the limitation “within”)
Regarding Claim 13, Palau Dominguez teaches:
wherein the connecting means (14, 13, 6, 2, 3) includes a tongue portion (14) formed at
the first end portion (see drawing selection above) of the clamping band and a tongue receiving channel (13) formed at the second end portion (see drawing selection above) of the clamping band, and
at least a part of the tongue receiving channel is formed within the first band region.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Palau Dominguez ‘556 or Palau Dominguez-Haensli as applied to claim 1 above, and further in view of Oetiker, U.S. Patent 4,492,004.
The prior arts are silent with regard to the limitations of this claim.
Oetiker teaches:
a radial step (33) is formed in the second end portion of a clamping band (10) to provide
a larger radial dimension for that part of the second end portion which is adapted to overlap the first end portion (31) of the clamping band (11) when the clamp structure is installed around the object to be fastened (fig. 8), and
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Palau Dominguez or Palau Dominguez-Haensli with the radial step as taught by Oetiker such that “the tolerance compensation means is formed between the radial step and the free end of the clamping band at the second end portion” because the radial step would accommodate the tongue portion and the radial step would be properly positioned between elements 12 and 13 of Palau Dominguez.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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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.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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