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.
Claims 1-3 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Racoillet et al US 8443492.
Regarding Claim 1, Racoillet et al discloses a clamping band (1) having two end portions (1’A, 1’B) which overlap one another in a closed condition of the band clamp, the clamping band comprising a tongue (annotated Fig 1) arranged at an overlapped inner band portion, and a tongue recess (34) provided in an inner side of an overlapping outer band portion and being complementary to a shape of the tongue for receiving the tongue, wherein the tongue recess includes two opposing side faces (35 left, 35 right) connected by a closed roof surface (34), wherein the roof surface of the tongue recess includes a longitudinal groove (32) and a tip portion of the tongue includes a protrusion (30) configured to engage in the groove (best shown in Fig 5), wherein an entry of the tongue recess is formed between transversal steps formed in the clamping band, wherein the groove extends outside the tongue recess into an inner surface of the outer band portion beyond the transversal steps (Fig 1).
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Regarding Claim 2, Racoillet et al discloses characterized in that a length of a portion of the groove (32) extending into the inner surface of the outer band portion amounts to at least 50% of a length of the tongue recess (Fig 1).
Regarding Claim 3, Racoillet et al discloses wherein the protrusion (30) has rounded edges (Fig 5).
Regarding Claim 6, Racoillet et al discloses characterized in that the two opposing side faces (35 left, 35 right) are parallel to each other (Fig 1).
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 (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 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Racoillet et al US 8443492 in view of Oetiker US 7093326.
Regarding Claim 4, Racoillet et al discloses the claimed invention except wherein the protrusion is hemispherical or hill-shaped.
Oetiker discloses wherein the protrusion (Oetiker, 23) is hemispherical or hillshaped (Oetiker, Fig 5).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the protrusion of Racoillet et al to be hillshaped as taught by Oetiker in order to have an aesthetically pleasing smooth look as well as having a connection that does not project past the outside of the band. Further, the examiner notes the disclosure does not provide any evident of the criticality of the shape of the protrusion. Additionally, it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the protrusion from a flat fold to a hill shape as an obvious change in shape. MPEP 2144.04 (iv)(b).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Racoillet et al US 8443492 in view of Nagano US 5797168.
Regarding Claim 5, Racoillet et al discloses the claimed invention except wherein a width of the tongue amounts to less than one third of the width of the clamping band.
Nagano discloses wherein a width of the tongue amounts to less than one third of the width of the clamping band (Nagano, Column 6 lines 31-36).
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the width of the tongue of Racoillet et al to be less than one third of the width of the clamping band as taught by Nagano to ensure the tongue will fit within the recess of the band.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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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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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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