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
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, 5, 9-10, 12-14, 16, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Werth (U.S. 2006/0169934).
Regarding claim 1, Werth discloses:
A clamp assembly (10) for clamping flexible tubing (100), the clamp assembly (10) comprising:
a base member (14) comprising a pair of sidewalls (60) and a bottom that extends between the sidewalls, at least one of the sidewalls (60) including a clamp latching feature (76) extending inward from an inner surface of the at least one of the sidewalls 60 (see Figure 6; see paragraph 0028)
a locking lever (12) located between the sidewalls (60) and pivotally connected to the sidewalls (60) at a pivot location (22) such that the locking lever (12) pivots relative to the base member (14), the locking lever (12) including a lever catch feature (30) configured to cooperatively mate with the clamp latching feature 76 (see paragraphs 0021 and 0031)
Regarding claim 5, Werth discloses:
wherein the locking lever (12) includes a lever portion (16) and a pinching portion (22, 44, 48) arranged and configured to impinge on tubing (100) located in the base member (14), the pivot location (22) located on the pinching portion 22, 44, 48 (see Figures 2A and 2B; see paragraph 0026)
Regarding claim 9, Werth discloses:
wherein the base member (14) comprises a de- pinching feature (70) that is configured to move inward and impinge upon tubing (100) located in the base member 14 (see paragraph 0032)
Regarding claim 10, Werth discloses:
wherein the de-pinching feature (70) comprises a tab (70) that is connected to one of the pair of sidewalls (60) at a mounted end (74) and extends to a free end
Regarding claim 12, Werth discloses:
wherein the base member (14) comprises an end wall that extends between the pair of sidewalls (60) at an end of the bottom located at a location of ingress and egress for tubing, wherein a height of the end wall is reduced at a center of the end wall compared to at the pair of sidewalls 60 (see Figure 6)
Regarding claim 13, Werth discloses:
A clamp assembly (10) for clamping flexible tubing (100), the clamp assembly (10) comprising:
a base member (14) comprising a pair of sidewalls (60) and a bottom that extends between the sidewalls (60), at least one of the sidewalls (60) including a clamp latching feature 76 (see Figure 6; see paragraph 0028)
a locking lever (12) located between the sidewalls (60) and pivotally connected to the sidewalls (60) at a pivot location (22) such that the locking lever (12) pivots relative to the base member (14), the locking lever (12) including a lever catch feature (30) configured to cooperatively mate with the clamp latching feature 76 (see paragraphs 0021 and 0031)
a de-pinching feature (70) that is configured to move inward and impinge upon tubing (100) located in the base member 14 (see paragraph 0032)
Regarding claim 14, Werth discloses:
wherein the de-pinching feature (70) comprises a tab that is connected to one of the pair of sidewalls (60) at a mounted end (74) and extends to a free end (see Figure 5)
Regarding claim 16, Werth discloses:
wherein the base member (14) comprises an end wall that extends between the pair of sidewalls (60) at an end of the bottom located at a location of ingress and egress for tubing (100), wherein a height of the end wall is reduced at a center of the end wall compared to at the pair of sidewalls 60 (see Figure 6)
Regarding claim 20, Werth discloses:
wherein the locking lever (12) includes a lever portion (16) and a pinching portion (22, 44, 48) arranged and configured to impinge on tubing (100) located in the base member (14), the pivot location (22) located on the pinching portion 22, 44, 48 (see Figures 2A and 2B; see paragraph 0026)
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.
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.
Claim(s) 2-4, 6-8, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Werth in view of Herrli (U.S. Patent No. 4,676,476).
Regarding claims 2-4, 6, and 17, Werth discloses the invention as essentially claimed, but fails to disclose at least two clamp latching features spaced-apart from each other along the inner surface of the at least one of the sidewalls such that the clamp latching features are different distances from the bottom; wherein the lever catch feature mates with one of the clamp latching features at a first angular position relative to the base member to lock the locking lever at the first angular position and mates with another of the clamp latching features at a different, second angular position relative to the base member to lock the locking lever at the second angular position; wherein the at least two clamp latch features include a first clamp latch feature and a second clamp latch feature, the second clamp latch feature is closer to the bottom of the base member than the first clamp latch feature; wherein each sidewall has at least two clamp latching features spaced-apart from each other along inner surfaces of the sidewalls such that the clamp latching features of each sidewall are different distances from the bottom.
Herrli teaches a tubing clamp comprising at least two clamp latching features (7, 8) spaced-apart from each other along an inner surface of at least one sidewall (3) such that the clamp latching features (7, 8) are different distances from a bottom (see Figure 2; Col. 3, lines 1-19); wherein a lever catch feature (17) mates with one of the clamp latching features (7, 8) at a first angular position relative to a base member (1) to lock a locking lever (2) at the first angular position and mates with another of the clamp latching features (7, 8) at a different, second angular position relative to the base member (1) to lock the locking lever (2) at the second angular position (see Figures 7 and 8; Col. 3, lines 1-19); wherein the at least two clamp latch features (7, 8) include a first clamp latch feature (7) and a second clamp latch feature (8), the second clamp latch (8) feature is closer to the bottom of the base member (1) than the first clamp latch feature 7 (see Figure 2; Col. 3, lines 1-19); wherein each sidewall (3) has at least two clamp latching features (7, 8) spaced-apart from each other along inner surfaces of the sidewalls (3) such that the clamp latching features (7, 8) of each sidewall (3) are different distances from a bottom (Col. 2m lines 33-45).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Werth to provide at least two clamp latching features spaced-apart from each other along the inner surface of the at least one of the sidewalls such that the clamp latching features are different distances from the bottom; wherein the lever catch feature mates with one of the clamp latching features at a first angular position relative to the base member to lock the locking lever at the first angular position and mates with another of the clamp latching features at a different, second angular position relative to the base member to lock the locking lever at the second angular position; wherein the at least two clamp latch features include a first clamp latch feature and a second clamp latch feature, the second clamp latch feature is closer to the bottom of the base member than the first clamp latch feature; wherein each sidewall has at least two clamp latching features spaced-apart from each other along inner surfaces of the sidewalls such that the clamp latching features of each sidewall are different distances from the bottom, as taught by Herrli. Doing so would allow for multiple flow change positions, such as intermediate flow.
Regarding claims 7, 8, 18 and 19, Werth as modified teaches the invention as essentially claimed, but fails to teach wherein the at least two clamp latching features of each sidewall comprise a first post and a second post spaced-apart from the first post; wherein the lever catch feature comprises a recess area that is sized and arranged to mate with the first post with the locking lever at a first angular position and a second post with the locking lever at a second, different angular position relative to the base member.
Herrli teaches the at least two clamping features (7, 8) of each sidewall (3) comprise a first recess (7) and a second recess (8) spaced-apart from the first recess (see Figure 2); wherein the lever catch feature (17) comprises a post area that is sized and arranged to mate with the first recess (7) with the locking lever (2) at a first angular position and a second recess (8) with the locking lever (2) at a second, different angular position relative to the base member 1.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Werth to provide wherein the at least two clamp latching features of each sidewall comprise a first post and a second post spaced-apart from the first post; wherein the lever catch feature comprises a recess area that is sized and arranged to mate with the first post with the locking lever at a first angular position and a second post with the locking lever at a second, different angular position relative to the base member, because rearranging parts of an invention (switching the post for recess and the recesses for posts) involves only routine skill in the art.
Allowable Subject Matter
Claims 11 and 15 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. Kato et al. (U.S. 2018/0104467) discloses a clamp assembly comprising a base member comprising sidewalls and a bottom and having a clamp latching feature extending inward from a sidewall; a locking lever pivoting in the base member and having a lever catch feature mating the with clamp latching feature.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E CARY whose telephone number is (571)272-9427. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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 supervisors, Craig Schneider can be reached at (571)-272-3607 or Kenneth Rinehart can be reached at 571-272-4881.. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from 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. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KELSEY E CARY/Primary Examiner, Art Unit 3753