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 .
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, 3-4, 6-7 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oi 6,343,772.
In regard to claim 1, Oi discloses (fig. 1) a profiled clamp C having a clamp band 1 which extends in a circumferential direction about a longitudinal axis (axis of H) between a first tensioning head 3 and a second tensioning head 4, wherein the clamp band has a clip element A,
characterized in that wherein the clip element A has a fastening portion 11, which releasably fastens the clip element A to the clamp band C in a positionally fixed manner at least in the circumferential direction (see col. 3, lines 27-33, where it states that locking protrusions 11 engage the triangular windows 5 so that the hose clamp is fixed to the clamp retainer and the hose clamp is retainer is prevented from both axial and circumferential displacement), and a leg portion 9A, which extends away from the clamp band 1 up to a free end piece 9B in such a way, that once the clip A is fastened to the profiled clamp C, the leg portion 9A extends parallel to the longitudinal axis (longitudinal axis of H), wherein the leg portion 9A and the fastening portion 11 are arranged so as to be offset from one another about the longitudinal axis in the circumferential direction (leg 9A is located at a different spot than 11 along the circumference of 10).
In regard to claim 3, characterized in that wherein a connecting portion 10 of the clip element A connects the leg portion 9A to the fastening portion 11.
In regard to claim 4, characterized in that wherein the connecting portion 10 extends in the circumferential direction (10 is circular in shape and extends in a circumferential direction around H).
In regard to claim 6, characterized in that wherein the clamp band 1 has at least one receptacle 5 for the fastening portion 11, wherein the fastening portion 11 is arranged in the receptacle 5 (see col. 3, lines 27-33, where it states that locking protrusions 11 engage the triangular windows 5 so that the hose clamp is fixed to the clamp retainer and the hose clamp is retainer is prevented from both axial and circumferential displacement).
In regard to claim 7, characterized in that wherein the leg portion (leg portion 9 where 7 is pointing in fig. 1) is arranged so as to be offset from one of the tensioning heads 3,4 about the longitudinal axis in the circumferential direction by 70° to 110° (the left and right leg portions 9 in fig. 1 are offset from 3 and 4 by 90 degrees).
In regard to claims 9 and 10, wherein the leg portion 9A is arranged so as to be offset from one of the tensioning heads 3,4 about the longitudinal axis in the circumferential direction by 90° (the left and right leg portions 9 in fig. 1 are offset from 3 and 4 by 90 degrees).
Claim(s) 1, 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cradduck et al. 5,915,739.
In regard to claim 1, Cradduck et al. discloses a profiled clamp 22 having a clamp band 42 which extends in a circumferential direction about a longitudinal axis (longitudinal axis of pipe 60 or hose 32) between a first tensioning head and a second tensioning head (portion 24 consists of two head portions at either end of the clamp band), wherein the clamp band 42 has a clip element 20,
characterized in that wherein the clip element 20 has a fastening portion 26, which releasably fastens the clip element 20 to the clamp band 42 in a positionally fixed manner at least in the circumferential direction, and a leg portion 54 which extends away from the clamp band 42 up to a free end piece 56 in such a way, that once the clip 20 is fastened to the profiled clamp 42, the leg portion 54 extends parallel to the longitudinal axis (the width of 54 extends along the longitudinal axis), wherein the leg portion 54 and the fastening portion 26 are arranged so as to be offset from one another about the longitudinal axis in the circumferential direction (leg 54 is located at a different spot than 24 along the circumference direction).
In regard to claim 6, characterized in that wherein the clamp band 42 has at least one receptacle 44 for the fastening portion 26, wherein the fastening portion (portion 40 of 26) is arranged in the receptacle 44.
In regard to claim 8, characterized in that wherein the fastening portion 26 extends between a first holding element 34 and a second holding element 36 arranged opposite the first holding element 34, wherein the first 34 and second 36 holding elements fasten the clip element 20 to the clamp band 42.
Allowable Subject Matter
Claim 5 is 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.
Response to Arguments
Applicant's arguments filed 1/8/26 with respect to Oi and Cradduck have been fully considered but they are not persuasive.
Applicant argues that Oi fails to disclose a fastening portion, which releasably fastens the clip element to the clamp band in a positionally fixed manner at least in the circumferential direction. The Examiner disagrees, as Oi discloses that locking protrusions 11 engage the triangular windows 5 so that the hose clamp is fixed to the clamp retainer and the hose clamp is retainer is prevented from both axial and circumferential displacement (see col. 3, lines 27-33).
In regard to the leg portion which extends away from the clamp to an end piece, the Oi rejection has been reinterpreted and now refers to elements 9A and 9B as the leg portion and free end piece, and the leg portion is offset from the fastening portion, as explained in further detail above.
The Cradduck rejection has been maintained because Cradduck also discloses a leg portion circumferential offset from a fastening portion, as explained in further detail above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679