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 .
Amendment filed 8/12/2026 has been entered. Claims 1-9 and 13-23 remain pending in the present application with claims 5, 8, 13, and 16-19 as being non-elected.
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 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakanishi US 2001/0019091 (hereinafter Nakanishi).
Re. Cl. 21, Nakanishi discloses: An apparatus (Fig. 1) comprising: a clamp (1, Fig. 1) comprising: a connector (2, Fig. 1), the connector defines a first passageway (11, 12, 13, 14 or 15, Fig. 1) configured to enclose at least a portion of an object (see Fig. 3) and an open-ended counterbore (7, Fig. 1) defined therethrough (see Fig. 1), the counterbore being open at a passageway side (open at the top, Fig. 1) and open at a mounting member side (see Fig. 3, open at the bottom so that 6 passes); and a mounting member (25-26, Fig. 1) defined on the connector, the mounting member includes a first retainer (25-26, Fig. 1); and a bracket (3, Fig. 1) comprising: a base (30, Fig. 1) that includes at least one second retainer (35, Fig. 1) configured to connect to the first retainer to connect the clamp to the bracket (see Fig. 1-3, 35 receiving 25-26); and a support structure connector (31, Fig. 1) defined in the base, the support structure connector aligned with and accessible through the open-ended counterbore from the passageway side of the connector configured to attach the bracket to a support structure (see Fig. 2-5, accessible through the top of 7 as shown by 6 securing the parts 2 and 3 and securing to support structure 5).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 9, 14-15 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi in view of Wares US 9184324 (hereinafter Wares).
Re. Cl. 1, Nakanishi discloses: An apparatus (Fig. 1) comprising: a clamp (1, Fig. 1) comprising: a connector (left 10 and 9, Fig. 1), the connector defines a first passageway (11, 12, or 13 Fig. 1) configured to enclose at least a portion of an object (see Fig. 3, the totality of pipes 19-23); and a mounting member (25-26, Fig. 1) defined on the connector, the mounting member includes a first retainer (see 25-26, Fig. 1) and a bracket (3, Fig. 1) comprising: a base (30, Fig. 1) extending between a first arm (29, Fig. 1) and a second arm (other 29, Fig. 1) that extend orthogonally from the base (see Fig. 1), and a support structure connector (31, Fig. 1) configured to attach the bracket to a support structure (see Fig. 5, attached to support structure 5 via 6).
Re. Cl. 2, Nakanishi discloses: the connector is a first connector and wherein the clamp further comprises a second connector (see right 10, Fig. 1) that defines a second passageway (14 or 15, Fig. 1) configured to enclose the at least a portion of the object (see Fig. 5, totality of pipes 19-23).
Re. Cl. 14, Nakanishi discloses: the support structure connector comprises: an aperture defined through the base (see 31, Fig. 1), the aperture configured to receive a threaded bolt (see 6, Fig. 3, 5) configured to threadingly engage with a threaded orifice defined in the support structure to attach the base to the support structure (see Fig. 3, 5, the aperture 31 is configured to be used in the claimed intended use by having a bolt threaded through 5 as claimed in the intended use recitation); or an aperture defined through the base, the aperture configured to receive a stud shaft extending from the support structure and at least one barbed arm extending from the base, the barbed arm configured to engage the stud shaft to attach the base to the support structure (it is the Examiner’s position that this alternate limitation is not required since the Applicant uses the term “or”).
Re. Cl. 15, Nakanishi discloses: the connector defines a counterbore therethrough (7, Fig. 1) and the support structure connector is accessible through the counterbore when the clamp is connected to the bracket (see Fig. 1-5, as having 6 pass through 7 and into 31).
Re. Cl. 22, Nakanishi discloses: the bracket is formed of a metal material (Paragraph 0018, conducting metal) and the mounting clamp is formed of a polymeric material (Paragraph 0018, polyacetal).
Re. Cls. 1, 9, and 23, Nakanishi does not disclose the first retainer comprising at least one first retention tab defined on a first side of the connector and at least one second retention tab defined on an opposite second side of the connector; the first arm and the second arm including at least one second retainer comprising: at least one first retention slot defined on the first arm and configured to be received onto the at least one first retention tab to connect the clamp to the bracket; and at least one second retention slot defined on the second arm and configured to be received onto the at least one second retention tab to connect the clamp to the bracket (Cl. 1), the first retainer includes a first retainer portion and a second retainer portion, and wherein the second retainer includes a third retainer portion configured to connect with the first retainer portion and a fourth retainer portion configured to connect with the second retainer portion (Cl. 9), or at least one of the first arm or the second arm is configured to flex outwards relative to the base in order to enable the first retention slot to snap over the first retention tab (Cl. 23). Wares discloses an apparatus (Fig. 10) comprising a connector (152a, Fig. 10) and bracket (102a, Fig. 10), wherein the connector includes a first retainer (204, Fig. 10) comprising at least one first retention tab (see 204, Fig. 10) defined on a first side of the connector (see Fig. 10) and at least one second retention tab defined on an opposite second side of the connector (206, Fig. 10); the first arm and the second arm (see Fig. 8, arms being the parts having openings 200, 202) including at least one second retainer (200, 202) comprising: at least one first retention slot defined on the first arm and configured to be received onto the at least one first retention tab to connect the clamp to the bracket (200, Fig. 8-10); and at least one second retention slot defined on the second arm and configured to be received onto the at least one second retention tab to connect the clamp to the bracket (202, Fig. 8-10); the first retainer includes a first retainer portion and a second retainer portion, and wherein the second retainer includes a third retainer portion configured to connect with the first retainer portion and a fourth retainer portion configured to connect with the second retainer portion (see Fig. 8-10, there are two sets of 200, 202 and 204, 206 which mate together, thus teaching the number of retainers required); at least one of the first arm or the second arm is configured to flex outwards relative to the base in order to enable the first retention slot to snap over the first retention tab (see Fig. 8-10, Col. 7, Lines 27-30, by being relatively thin (as shown) and flexible as a result of being made of sheet metal, the arms would be able to flex outward to establish the connection or release the connection).
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 Nakanishi retainers (i.e. 25-26 and 35) with the retainers of Wares (i.e. 200, 202 and 204, 206) with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Allowable Subject Matter
Claim 20 is allowable over the prior art of record.
Claims 3-4 and 6-7 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. Beyer US 9970573, Hatano US 5390876, and Nakanishi US 2001/0019091 disclose other known clamps which are presented to the Applicant for their consideration.
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.
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
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