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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Terminal Disclaimer
The terminal disclaimer filed 9/24/26 is acknowledged.
Specification
The amendment filed 9/24/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: claims 14 and 18 newly recite limitations of the second bore including a threaded segment cooperating with the straight bolt. Claims 15 and 19 then further recite a nut also cooperating with the straight bolt. There is no apparent embodiment employing both the threaded segment and the amendment to claims 14 and 18 thus make the limitations of claims 15 and 19 new matter not supported by the original disclosure.
Applicant is required to cancel the new matter in the reply to this Office Action.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the nut of claims 2, 15, and 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 18 is objected to because of the following informalities: on line 20, a semi-colon should be inserted after “bolt”. Appropriate correction is required.
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 15 and 19 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 pre-AIA the applicant regards as the invention.
Claims 15 and 19 both recite the use of a nut which is unclear as it appears to recite an alternative embodiment not corresponding to that which is set forth in claims 14 and 18, respectively. That is, claims 14 and 18 have been amended to include the specifics of the second bore including an unthreaded segment and a threaded segment to cooperate with the straight bolt. It is then entirely unclear how the nut would likewise function to cooperate with the straight bolt. There is no apparent embodiment shown or disclosed where both a nut is employed in conjunction with a threaded segment.
Claim Rejections - 35 USC § 103
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 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-14, 17-18, 22-23, and 15, 19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable in view of Cox (US 2541209 A) in view of Jameson (066712).
Cox discloses a clamp assembly comprising:
a rocker (hook section 21) including a first bore (FIG.8) and a channel (24; part of 19) formed in an upper surface of the rocker disposed adjacent to the first bore, the first bore in communication with the channel (Col 5, lines 27-39l FIG.8);
a J-clamp (hook clamp 26; FIG.8) including a block portion and a cylindrical portion,
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the J-clamp slidably disposed in the rocker with the cylindrical portion being at least partially received within the first bore and the block portion being at least partially received within the channel (Col 5, lines 27-39 describe the hook clamp 26 fitting within the channel section of the rocker (hook section 21; support section 19; and channel section 24); and
a straight bolt (bolt section 29; Col 5, lines 27-39) received in the first bore of the rocker, where the straight bolt is an integral part of the cylindrical portion.
whereby a position of the J-clamp (26) relative to the rocker is controlled by a rotation of a nut (30) relative to the straight bolt (Fig. 8 and col. 5, line 34, describes a bolt section (29) as part of the J-clamp (hook clamp 26), which passes through the rocker (channel 24) and controls the position of the J-clamp).
The cylindrical portion of the J-clamp of Cox is not hollow and includes no second bore disposed through the hollow cylindrical portion and at least part of the block portion.
Further, Cox fails to include the bolt within the second bore of the J-clamp to facilitate securing the J-clamp to the rocker.
Jameson (066712) teaches the use and desirability of a straight bolt within a hollowed portion of a J-clamp. Specifically, J-clamp (A’) is provided with a hollow portion (FIG.1) having a bore (C) through which a straight bolt (D) is allowed pass. This bore (second bore) is disposed through the hollow portion and a block portion of the J-clamp (A’). Further, Jameson teaches the straight bolt (D) facilitates securing the J-clamp to the rocker (A), the securement accomplished via an unthreaded portion (FIG.1) and an internal threaded portion (nut E) of the J-clamp which interacts with external threads of the bolt (D) when the bolt (D) is rotated.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided Cox with, instead of a cylindrical portion with an integral bolt and corresponding nut, a hollow portion with a bore having an unthreaded portion, an internally threaded nut, and separate bolt as taught by Jameson as an obvious expedient to achieve the same predictable result of positioning and securing the J-clamp and rocker. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art Nerwin v. Erlichman, 168 USPQ 177, 179 and a modification of this type from integral bolt with separate nut to separate bolt and threaded hole would not alter the functional relationship between the J-clamp and rocker or produce an unexpected result.
Alternatively, such a modification can constitute a mere reversal of parts where the positioning and attachment of the bolt and nut are reversed. Therefore, it would likewise have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the nut of Cox within the cylindrical portion and the bolt as a separate component as taught by Jameson instead of the bolt integral and the nut separate because the mere reversal of parts has been held by the court to be an obvious modification. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Cox, as modified, now discloses wherein the second bore includes an unthreaded segment (see C taught by Jameson) and a threaded segment (nut E, Jameson) formed on an interior surface of the second bore, the threaded segment cooperating with the straight bolt (D, Jameson) to threadably engage the straight bolt and to selectively secure the J-clamp to the rocker.
For claim 18, Cox, as modified, further discloses a head assembly for a bolster of a saddle-mount (saddle mount S; fig. 7, col. 4, lines 67-71) the head assembly comprising: (Col. 1, lines 1-6 describes the use of the saddle mount to connect a towed vehicle.)
a base configured to be moveably disposed on the bolster of the saddle-mount; (Fig. 7 illustrates the base as moving in two axis in relation to the saddle mount.), and
at least one clamp assembly pivotably connected to the base and configured to connect to a vehicle to be towed, (Fig. 7 illustrates the clamp assembly as pivoting on the base.), wherein the at least one clamp assembly is set forth above.
For claim 2, 15, and 19, as best understood, Cox, as modified, further comprises:
a nut (see E of Jameson) cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
For claim 3, the first bore (FIG.8) of the rocker (21) of Cox, as modified, includes a first major interior surface.
For claim 5, Cox, as modified above, discloses the J-clamp further includes a second major interior surface defining a second bore (through which the separate straight bolt passes) disposed through the hollow cylindrical portion and at least part of the block portion, and
the hollow cylindrical portion further including a second major exterior surface (exterior surface of the cylindrical portion of Cox at 29).
For claim 6, Cox, as modified, disclose the block portion of the J-clamp is slidably disposed in the channel of the rocker, and the hollow cylindrical portion of the J-clamp is slidably disposed in the first bore of the rocker.
For claim 7, the first bore of the rocker has a first diameter and the hollow cylindrical portion of the J-clamp has a second diameter,
the first diameter being greater than the second diameter and permitting the hollow cylindrical portion of the J-clamp to be slidably received by the first bore of the rocker (this is seen in FIG.8 of Cox, as modified, where the cylindrical portion fits within the bord of the rocker).
For claim 8, the channel of the rocker has a first width and the block portion of the J-clamp has a second width, the first width being greater than the second width and permitting the block portion of the J-clamp to be slidably received by the channel of the rocker (this is seen in FIG. 7 of Cox, as modified). .
For claim 9, the J-clamp is restrained from rotational movement within the channel of the rocker when the block portion of the J-clamp is slidably received by the channel of the rocker (this is seen in FIG.7 of Cox, as modified).
For claim 10, the second major interior surface of the hollow cylindrical portion of the J-clamp has an unthreaded segment and a threaded segment (as seen with the teaching reference),
the threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
For claim 11, the rocker has an opening formed in a first end of the rocker, the opening in communication with the first bore (this is seen in FIG.8 of Cox, as modified, which shows the bore traversing the entire width of the rocker).
For claim 12, the straight bolt (of the teaching reference) is disposed through the opening at the first end of the rocker, through the first bore of the rocker, and in the second bore of the J-clamp (this is seen with Cox, as modified, where FIG.8 provides for the bore to span from one side of the rocker to the other and with the teaching reference which provides the straight bolt through the hollow portion of the J-clamp).
For claims 13 and 17, the rocker (hook section 21) further has a first hook portion (21), and the J-clamp (26) further has a second hook portion (FIGS.7-8),
the first hook portion disposed opposite and facing the second hook portion, and
the first hook portion and the second hook portion are configured to selectively receive and secure an object therebetween.
For claim 22, Cox, as modified, discloses wherein the block portion (26) of the J-clamp is received within the channel (24) such that one or more sidewalls of the channel of the rocker cooperates with the block portion of the J-clamp to militate against rotational movement of the J-clamp relative to the rocker.
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For claim 23, the hollow cylindrical portion of Cox, as modified, is rotatably received within the first bore such that, upon loosening the straight bolt, the J-clamp is pivotable relative to the rocker to provide clearance for positioning an axle between the J-clamp and the rocker.
Claims 1-3, 5-14, 17-18, 22-23, and 15, 19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable in view of Cox (US 2541209 A) in view of Starr (US 1150451).
Cox discloses a clamp assembly comprising:
a rocker (hook section 21) including a first bore (FIG.8) and a channel (24; part of 19) formed in an upper surface of the rocker disposed adjacent to the first bore, the first bore in communication with the channel (Col 5, lines 27-39l FIG.8);
a J-clamp (hook clamp 26; FIG.8) including a block portion and a cylindrical portion,
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the J-clamp slidably disposed in the rocker with the cylindrical portion being at least partially received within the first bore and the block portion being at least partially received within the channel (Col 5, lines 27-39 describe the hook clamp 26 fitting within the channel section of the rocker (hook section 21; support section 19; and channel section 24); and
a straight bolt (bolt section 29; Col 5, lines 27-39) received in the first bore of the rocker, where the straight bolt is an integral part of the cylindrical portion.
whereby a position of the J-clamp (26) relative to the rocker is controlled by a rotation of a nut (30) relative to the straight bolt (Fig. 8 and col. 5, line 34, describes a bolt section (29) as part of the J-clamp (hook clamp 26), which passes through the rocker (channel 24) and controls the position of the J-clamp).
The cylindrical portion of the J-clamp of Cox is not hollow and includes no second bore disposed through the hollow cylindrical portion and at least part of the block portion.
Further, Cox fails to include the bolt within the second bore of the J-clamp to facilitate securing the J-clamp to the rocker.
Starr (1180451) teaches the use and desirability of a straight bolt within a hollowed portion of a J-clamp. Specifically, J-clamp (8) is provided with a hollow portion (at 9 and 13; FG. 2) having a bore (FIG.2) through which a straight bolt (11) is allowed pass. This bore (second bore) is disposed through the hollow portion and a block portion of the J-clamp (8) as seen in FIGS. 1-3. Further, Starr teaches the straight bolt facilitates securing the J-clamp to the rocker (2). Starr accomplishes this securement via an unthreaded portion (at 9) and an internal threaded portion (at hole 13) of the J-clamp which interacts with external helical threads (12) of the bolt when the bolt (11) is rotated.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided Cox with, instead of a cylindrical portion with an integral bolt and corresponding nut, a hollow portion with a bore having an unthreaded portion (9; Starr) and an internally threaded portion (13; Starr) and separate bolt (11, Starr) as taught by Starr as an obvious expedient to achieve the same predictable result of positioning and securing the J-clamp and rocker. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art Nerwin v. Erlichman, 168 USPQ 177, 179 and a modification of this type from integral bolt with separate nut to separate bolt and threaded hole would not alter the functional relationship between the J-clamp and rocker or produce an unexpected result.
Alternatively, such a modification can constitute a mere reversal of parts where the positioning and attachment of the bolt and nut are reversed. Therefore, it would likewise have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the nut of Cox within the cylindrical portion and the bolt as a separate component as taught by Starr instead of the bolt integral and the nut separate because the mere reversal of parts has been held by the court to be an obvious modification. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Cox, as modified, now discloses wherein the second bore includes an unthreaded segment (see 9 taught by Starr) and a threaded segment (13, Starr) formed on an interior surface of the second bore, the threaded segment cooperating with the straight bolt (11 of Starr) to threadably engage the straight bolt and to selectively secure the J-clamp to the rocker.
For claim 18, Cox, as modified, further discloses a head assembly for a bolster of a saddle-mount (saddle mount S; fig. 7, col. 4, lines 67-71) the head assembly comprising: (Col. 1, lines 1-6 describes the use of the saddle mount to connect a towed vehicle.)
a base configured to be moveably disposed on the bolster of the saddle-mount; (Fig. 7 illustrates the base as moving in two axis in relation to the saddle mount.), and
at least one clamp assembly pivotably connected to the base and configured to connect to a vehicle to be towed, (Fig. 7 illustrates the clamp assembly as pivoting on the base.), wherein the at least one clamp assembly is set forth above.
For claim 2, 15, and 19, as best understood, Cox, as modified, further comprises:
a nut (internally threaded portion, see 13 from Starr) cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
For claim 3, the first bore (FIG.8) of the rocker (21) of Cox, as modified, includes a first major interior surface.
For claim 5, Cox, as modified above, discloses the J-clamp further includes a second major interior surface defining a second bore (through which the separate straight bolt passes) disposed through the hollow cylindrical portion and at least part of the block portion, and
the hollow cylindrical portion further including a second major exterior surface (exterior surface of the cylindrical portion of Cox at 29).
For claim 6, Cox, as modified, disclose the block portion of the J-clamp is slidably disposed in the channel of the rocker, and the hollow cylindrical portion of the J-clamp is slidably disposed in the first bore of the rocker.
For claim 7, the first bore of the rocker has a first diameter and the hollow cylindrical portion of the J-clamp has a second diameter,
the first diameter being greater than the second diameter and permitting the hollow cylindrical portion of the J-clamp to be slidably received by the first bore of the rocker (this is seen in FIG.8 of Cox, as modified, where the cylindrical portion fits within the bord of the rocker).
For claim 8, the channel of the rocker has a first width and the block portion of the J-clamp has a second width, the first width being greater than the second width and permitting the block portion of the J-clamp to be slidably received by the channel of the rocker (this is seen in FIG. 7 of Cox, as modified). .
For claim 9, the J-clamp is restrained from rotational movement within the channel of the rocker when the block portion of the J-clamp is slidably received by the channel of the rocker (this is seen in FIG.7 of Cox, as modified).
For claim 10, the second major interior surface of the hollow cylindrical portion of the J-clamp has an unthreaded segment and a threaded segment (as seen with the teaching reference),
the threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
For claim 11, the rocker has an opening formed in a first end of the rocker, the opening in communication with the first bore (this is seen in FIG.8 of Cox, as modified, which shows the bore traversing the entire width of the rocker).
For claim 12, the straight bolt (of the teaching reference) is disposed through the opening at the first end of the rocker, through the first bore of the rocker, and in the second bore of the J-clamp (this is seen with Cox, as modified, where FIG.8 provides for the bore to span from one side of the rocker to the other and with the teaching reference which provides the straight bolt through the hollow portion of the J-clamp).
For claims 13 and 17, the rocker (hook section 21) further has a first hook portion (21), and the J-clamp (26) further has a second hook portion (FIGS.7-8),
the first hook portion disposed opposite and facing the second hook portion, and
the first hook portion and the second hook portion are configured to selectively receive and secure an object therebetween.
For claim 22, Cox, as modified, discloses wherein the block portion (26) of the J-clamp is received within the channel (24) such that one or more sidewalls of the channel of the rocker cooperates with the block portion of the J-clamp to militate against rotational movement of the J-clamp relative to the rocker.
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For claim 23, the hollow cylindrical portion of Cox, as modified, is rotatably received within the first bore such that, upon loosening the straight bolt, the J-clamp is pivotable relative to the rocker to provide clearance for positioning an axle between the J-clamp and the rocker.
Claims 1-3, 5-14, 17-18, 22-23, and 15, 19, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable in view of Cox (US 2541209 A) in view of Lewis (US 0472674).
Cox discloses a clamp assembly comprising:
a rocker (hook section 21) including a first bore (FIG.8) and a channel (24; part of 19) formed in an upper surface of the rocker disposed adjacent to the first bore, the first bore in communication with the channel (Col 5, lines 27-39l FIG.8);
a J-clamp (hook clamp 26; FIG.8) including a block portion and a cylindrical portion,
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the J-clamp slidably disposed in the rocker with the cylindrical portion being at least partially received within the first bore and the block portion being at least partially received within the channel (Col 5, lines 27-39 describe the hook clamp 26 fitting within the channel section of the rocker (hook section 21; support section 19; and channel section 24); and
a straight bolt (bolt section 29; Col 5, lines 27-39) received in the first bore of the rocker, where the straight bolt is an integral part of the cylindrical portion.
whereby a position of the J-clamp (26) relative to the rocker is controlled by a rotation of a nut (30) relative to the straight bolt (Fig. 8 and col. 5, line 34, describes a bolt section (29) as part of the J-clamp (hook clamp 26), which passes through the rocker (channel 24) and controls the position of the J-clamp).
The cylindrical portion of the J-clamp of Cox is not hollow and includes no second bore disposed through the hollow cylindrical portion and at least part of the block portion.
Further, Cox fails to include the bolt within the second bore of the J-clamp to facilitate securing the J-clamp to the rocker.
Lewis (472674) teaches the use and desirability of a straight bolt within a hollowed portion of a J-clamp. Specifically, J-clamp (B) is provided with a hollow portion (K, Fig.4) having a bore (generally at H) through which a straight bolt (C) is allowed pass. This bore (second bore) is disposed through the hollow portion and a block portion of the J-clamp (B). Further, Lewis teaches the straight bolt facilitates securing the J-clamp to the rocker (A), the securement accomplished via an unthreaded portion (FIG.1) and an internal threaded portion (nut H, I, H’) of the J-clamp which interacts with external threads of the bolt (C) when the bolt (C) is rotated.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided Cox with, instead of a cylindrical portion with an integral bolt and corresponding nut, a hollow portion with a bore having an unthreaded portion, an internally threaded nut, and separate bolt as taught by Lewis as an obvious expedient to achieve the same predictable result of positioning and securing the J-clamp and rocker. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art Nerwin v. Erlichman, 168 USPQ 177, 179 and a modification of this type from integral bolt with separate nut to separate bolt and threaded hole would not alter the functional relationship between the J-clamp and rocker or produce an unexpected result.
Alternatively, such a modification can constitute a mere reversal of parts where the positioning and attachment of the bolt and nut are reversed. Therefore, it would likewise have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the nut of Cox within the cylindrical portion and the bolt as a separate component as taught by Lewis instead of the bolt integral and the nut separate because the mere reversal of parts has been held by the court to be an obvious modification. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Cox, as modified, now discloses wherein the second bore includes an unthreaded segment (see K taught by Lewis) and a threaded segment (nut, H,I,I’, Lewis) formed on an interior surface of the second bore, the threaded segment cooperating with the straight bolt (C, Lewis) to threadably engage the straight bolt and to selectively secure the J-clamp to the rocker.
For claim 18, Cox, as modified, further discloses a head assembly for a bolster of a saddle-mount (saddle mount S; fig. 7, col. 4, lines 67-71) the head assembly comprising: (Col. 1, lines 1-6 describes the use of the saddle mount to connect a towed vehicle.)
a base configured to be moveably disposed on the bolster of the saddle-mount; (Fig. 7 illustrates the base as moving in two axis in relation to the saddle mount.), and
at least one clamp assembly pivotably connected to the base and configured to connect to a vehicle to be towed, (Fig. 7 illustrates the clamp assembly as pivoting on the base.), wherein the at least one clamp assembly is set forth above.
For claim 2, 15, and 19, as best understood, Cox, as modified, further comprises:
a nut (internally threaded portion, see H,I,I’ from Lewis) cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
For claim 3, the first bore (FIG.8) of the rocker (21) of Cox, as modified, includes a first major interior surface.
For claim 5, Cox, as modified above, discloses the J-clamp further includes a second major interior surface defining a second bore (through which the separate straight bolt passes) disposed through the hollow cylindrical portion and at least part of the block portion, and
the hollow cylindrical portion further including a second major exterior surface (exterior surface of the cylindrical portion of Cox at 29).
For claim 6, Cox, as modified, disclose the block portion of the J-clamp is slidably disposed in the channel of the rocker, and the hollow cylindrical portion of the J-clamp is slidably disposed in the first bore of the rocker.
For claim 7, the first bore of the rocker has a first diameter and the hollow cylindrical portion of the J-clamp has a second diameter,
the first diameter being greater than the second diameter and permitting the hollow cylindrical portion of the J-clamp to be slidably received by the first bore of the rocker (this is seen in FIG.8 of Cox, as modified, where the cylindrical portion fits within the bord of the rocker).
For claim 8, the channel of the rocker has a first width and the block portion of the J-clamp has a second width, the first width being greater than the second width and permitting the block portion of the J-clamp to be slidably received by the channel of the rocker (this is seen in FIG. 7 of Cox, as modified). .
For claim 9, the J-clamp is restrained from rotational movement within the channel of the rocker when the block portion of the J-clamp is slidably received by the channel of the rocker (this is seen in FIG.7 of Cox, as modified).
For claim 10, the second major interior surface of the hollow cylindrical portion of the J-clamp has an unthreaded segment and a threaded segment (as seen with the teaching reference),
the threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
For claim 11, the rocker has an opening formed in a first end of the rocker, the opening in communication with the first bore (this is seen in FIG.8 of Cox, as modified, which shows the bore traversing the entire width of the rocker).
For claim 12, the straight bolt (of the teaching reference) is disposed through the opening at the first end of the rocker, through the first bore of the rocker, and in the second bore of the J-clamp (this is seen with Cox, as modified, where FIG.8 provides for the bore to span from one side of the rocker to the other and with the teaching reference which provides the straight bolt through the hollow portion of the J-clamp).
For claims 13 and 17, the rocker (hook section 21) further has a first hook portion (21), and the J-clamp (26) further has a second hook portion (FIGS.7-8),
the first hook portion disposed opposite and facing the second hook portion, and
the first hook portion and the second hook portion are configured to selectively receive and secure an object therebetween.
For claim 22, Cox, as modified, discloses wherein the block portion (26) of the J-clamp is received within the channel (24) such that one or more sidewalls of the channel of the rocker cooperates with the block portion of the J-clamp to militate against rotational movement of the J-clamp relative to the rocker.
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For claim 23, the hollow cylindrical portion of Cox, as modified, is rotatably received within the first bore such that, upon loosening the straight bolt, the J-clamp is pivotable relative to the rocker to provide clearance for positioning an axle between the J-clamp and the rocker.
Response to Arguments
Applicant’s arguments with respect to claim(s) as amended have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dart (0049094) discloses a clamp assembly, comprising:
a J-clamp (“B”) including a hollow portion (at “C”, FIG.2) and a block portion;
a rocker (“A”) having a first bore (at “C”, FIG.1) and a channel disposed adjacent the first bore; and
a straight bolt (“D”),
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the J-clamp (“B”) slidably disposed in the rocker (“A”) and selectively secured to the rocker by the straight bolt (“D”),
the hollow portion being at least partially received within the first bore (as seen in FIG.1) and the block portion (part of “B”) being at least partially received within the channel,
the straight bolt (“D”) disposed through the first bore (at “C”) of the rocker, whereby a position of the J-clamp (“B”) relative to the rocker (“A”) is controlled by a rotation of the straight bolt.
The first bore of the rocker includes a first major interior surface (as the interior surface).
The J-clamp (“B”) includes a second bore extending through the hollow portion,
the second bore including an unthreaded segment and a threaded segment (engaging “D”) formed on an interior surface thereof, the threaded segment configured to threadably engage the straight bolt.
Dart further provides the first bore in communication with the channel;
whereby a position of the J-clamp (“B”) relative to the rocker (“A”) is controlled by a rotation of the straight bolt,
wherein the second bore includes an unthreaded segment and a threaded segment formed on an interior surface of the second bore,
the threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the 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. Should you have questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
