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 without traverse of Invention I in the reply filed on 11/11/2025 is acknowledged.
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/11/2025.
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 12 is 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.
Re. Cl. 12, the limitation “a key extending from the central holding device or a holder, a corresponding aperture in the holder or the central holding device” renders the claim indefinite in the Examiner’s position. The way the limitation is written appears to be broad enough to encompass a scenario where the key and correspond aperture are located in the same part (i.e. the holder or central holding device). However, the device functions by having they key in one of the holder and central holding device and the corresponding aperture in the other of the holder and central holding device. Since the claims do not reflect such a configuration, the limitation is indefinite in the Examiner’s position. It is suggested that the Applicant amend the claim to reflect such a configuration to overcome this issue.
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.
Claims 1 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dresser US 2516965 (hereinafter Dresser).
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Re. Cl. 1, Dresser discloses: An apparatus (Fig. 1) for holding a plurality of objects (see 13, Fig. 1), comprising: a central holding device (24, Fig. 1); and a plurality of holders (see annotated figure 1) that are simultaneously couplable to the central holding device (see Fig. 1), wherein each holder of the plurality of holders includes: a movable clip (see Fig. 3) with an aperture (see 18a, Fig. 1) through which an object can be inserted and held within the aperture (see 13, Fig. 1 and 3); and a spring (46, Fig. 3) that exerts a spring force on the movable clip (see Fig. 3, on portion 40), wherein the spring force is adjustable for holding the object within the aperture of the movable clip (see Fig. 3 via adjusting 48).
Re. Cl. 7, Dresser discloses: the central holding device is a first central holding device (see 24, Fig. 1), the apparatus further comprising a second central holding device (26, Fig. 1) that is attachable to the first central holding device (see Fig. 1, indirectly via 16), wherein each of the first and second central holding devices is configured to couple multiple holders of the plurality of holders (see Fig. 1).
Re. Cl. 8, Dresser discloses: the second central holding device includes a periphery to which holders of the plurality of holders are couplable (see Fig. 1, the device 26 has a lower periphery which the annotated holders are coupled thereto); and wherein the second central holding device is attachable to the first central holding device (see Fig. 1, via 16) with a rotational offset relative to the first central holding device (see Fig. 1-2, using 30, 28, the positioning of 24, 26 can be adjusted so that there is a rotational offset between them).
Re. Cl. 9, Dresser discloses: the second central holding device includes one or more vertically-oriented apertures (see Fig. 1-2, aperture through 26 where 16 fits) that align with one or more vertically-oriented apertures of the first central holding device (see Fig. 1, aperture through 24 where 16 fits is vertically aligned with 26) when the second central holding device is attached to the first central holding device (see Fig. 1, 24 and 26 are attached indirectly via 16).
Re. Cl. 10, Dresser discloses: the second central holding device is attached to the first central holding device by one or more fasteners (see Fig. 1, using fastener 16; the term “fastener” is understood to mean a device, substance etc. that serves to fasten; as can be seen in Fig. 1, the upright 16 serves to fasten or hold 24, 26 in a vertical orientation relative to one another; definition take from the oxford English dictionary) that are vertically retained in corresponding vertically-oriented apertures of the first and second central holding devices (see Fig. 1, via 28, 30).
Re. Cl. 11, Dresser discloses: at least one vertically-oriented aperture of the first and second central holding devices is configured to hold an object (16, Fig. 1) in a center of the first and second central holding devices (see Fig. 1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-5 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US 2002/0179783 (hereinafter Kim) in view of Sanchez US 6860877 (hereinafter Sanchez).
Re. Cl. 1, Kim discloses: An apparatus (Fig. 1) for holding a plurality of objects (see Fig. 1, via 37-38), comprising: a central holding device (15, Fig. 1); and a plurality of holders (37-38, Fig. 1) that are simultaneously couplable to the central holding device (see Fig. 1).
Re. Cl. 4, Kim discloses: the central holding device includes: a periphery to which the plurality of holders is couplable (see Fig. 2, where 15c are located), wherein the periphery includes a plurality of horizontally-oriented coupling apertures (15c, Fig. 2) configured to couple respective holders of the plurality of holders to the central holding device (see Fig. 1-2).
Re. Cl. 5, Kim discloses: the central holding device further includes one or more vertically-oriented apertures (see 15a, Fig. 2), wherein at least one vertically-oriented aperture of the one or more vertically-oriented apertures is configured to hold an object (27, Fig. 1) that supports the central holding device at a fixed position relative to an external instrument (see Fig. 1).
Re. Cl. 7, Kim discloses: the central holding device is a first central holding device (see 15, Fig. 1), the apparatus further comprising a second central holding device (other 15, Fig. 1) that is attachable to the first central holding device (see Fig. 1, indirectly via 27), wherein each of the first and second central holding devices is configured to couple multiple holders of the plurality of holders (see Fig. 1).
Re. Cl. 8, Kim discloses: the second central holding device includes a periphery to which holders of the plurality of holders are couplable (see Fig. 2, periphery where 15c’s are located); and wherein the second central holding device is attachable to the first central holding device (see Fig. 1, via 27) with a rotational offset relative to the first central holding device (see Fig. 1-2, using 20, the positioning of 15 can be adjusted so that there is a rotational offset between them).
Re. Cl. 9, Kim discloses: the second central holding device includes one or more vertically-oriented apertures (see Fig. 2, aperture 15a where 27 fits) that align with one or more vertically-oriented apertures of the first central holding device (see Fig. 1) when the second central holding device is attached to the first central holding device (see Fig. 1, 15s are attached indirectly via 27).
Re. Cl. 10, Kim discloses: the second central holding device is attached to the first central holding device by one or more fasteners (see Fig. 1, using fastener 27; the term “fastener” is understood to mean a device, substance etc. that serves to fasten; as can be seen in Fig. 1, the upright 27 serves to fasten or hold 15s in a vertical orientation relative to one another; definition take from the oxford English dictionary) that are vertically retained in corresponding vertically-oriented apertures of the first and second central holding devices (see Fig. 1, via 20).
Re. Cl. 11, Kim discloses: at least one vertically-oriented aperture of the first and second central holding devices is configured to hold an object (15a, Fig. 2) in a center of the first and second central holding devices (see Fig. 1).
Re. Cls. 1-2, Kim does not disclose wherein each holder of the plurality of holders includes: a movable clip with an aperture through which an object can be inserted and held within the aperture; and a spring that exerts a spring force on the movable, wherein the spring force is adjustable for holding the object within the aperture of the movable clip (Cl. 1) or each holder of the plurality of holders further includes: a tube having a first end and a second end that is opposite to the first end, wherein the movable clip is at the first end of the tube; and a cap at the second end of the tube, wherein the cap is movable to adjust the spring force of the spring on the movable clip (Cl. 2). Sanchez discloses a holder (16, Fig. 2)) secured to a central holding device (36, Fig. 1) which includes a movable clip (40, Fig. 2) with an aperture (see Fig. 2, in 54) through which an object (60, Fig. 2) can be inserted and held within the aperture (see Fig. 2); and a spring (50, Fig. 2) that exerts a spring force on the movable clip (see Fig. 2), wherein the spring force is adjustable for holding the object within the aperture of the movable clip (see Fig. 2, via 52); the holders further includes: a tube (44, Fig. 2) having a first end and a second end that is opposite to the first end (see Fig. 2), wherein the movable clip is at the first end of the tube (see Fig. 2, left end); and a cap (52, Fig. 2) at the second end of the tube (see Fig. 2, right end), wherein the cap is movable to adjust the spring force of the spring on the movable clip (see Fig. 2, adjusting 52 on 44; Col. 2, Lines 59-61).
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 holders of Kim with the holders of Sanchez with reasonable expectation of success since Sanchez states that such a holder is capable of holding an object for hours (Col. 2, Lines 10-19) and also provides for adjustable spring force (Col. 2, Lines 59-61) which would enable the device to support various different devices of different sizes/weights.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Sanchez as applied to claims 1-2, 4-5 and 7-11 above, and further in view of Hildebrandt US Re 33,785 (hereinafter Hildebrandt).
Re. Cl. 12, the combination of Kim in view of Sanchez does not disclose a key structure that includes a key extending from the central holding device or a holder, and a corresponding aperture in the holder or the central holding device configured to receive the key, wherein, when the holder is coupled to the central holding device, the key is received into the corresponding aperture and operates to retain the holder in a particular orientation with respect to the central holding device. Hildebrandt discloses a central holding device (10) which is couplable to a variety of arms (12) which includes a key structure (48, 48’, 48” Fig. 1-11) that includes a key extending from the central holding device or a holder (see Fig. 1-1, extending from holder 12), and a corresponding aperture in the holder (openings in 14, 16, 18, Fig. 1) or the central holding device configured to receive the key (see Fig. 10-11), wherein, when the holder is coupled to the central holding device (see Fig. 10-11), the key is received into the corresponding aperture and operates to retain the holder in a particular orientation with respect to the central holding device (see Fig. 10-11).
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 connection between the central holding device and holder of Kim to include the keyed structure of Hildebrandt with reasonable expectation of success since Hildebrandt states that such a modification enables for particular shape coding of the assembly to achieve a desired structural result (Col. 1, Line 63-Col. 2, Line 3). Such a modification would prevent accidental installation in a form where the clamp is undesirably positioned for instance.
Allowable Subject Matter
Claims 3 and 6 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Barnes US 2429305, Finger US 3632147, Heibel US 4661891, Ibbitson US 6585207, Lo US 5549408, and Tsai US 7097146 disclose other known holding devices 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..
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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