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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0001], “steps at the inner surface” is suggested to be amended to “steps on the inner surface”
In paragraph [0007], “to position the upper band” is suggested to be amended to “the upper band to be positioned”
In paragraph [0039], “Fig. 5B show” is suggested to be amended to “Fig. 5B shows”
Appropriate correction is required.
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) 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Low Profile Clamp Assembly,” uploaded on March 6th, 2017 by user “Oetiker Group”. Retrieved from Internet: https://www.youtube.com/watch?v=LWaXaeBDANI.
Regarding claim 1, Oetiker Group teaches (annotated screenshot below) a clamp made of a clamping band having first and second circumferential end portions which overlap one another in a closed condition of the clamp, the clamp comprising a connecting hook protruding radially outwards at the first end portion, a first tensioning hook protruding radially outwards at the first end portion, and a second tensioning hook protruding radially outwards at the second end portion and having an aperture arranged for receiving an edge portion of the connecting hook when the clamp is brought into the closed condition by pulling the first and second tensioning hooks towards each other in a band closing action, wherein the connecting hook has a first contact surface arranged for sliding contact during the band closing action with a second contact surface provided at the second end portion circumferentially adjacent to the aperture of the second tensioning hook, characterized in that the second contact surface has a non-flat cross section in a width direction of the band material.
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Regarding claim 2, Oetiker Group teaches (annotated screenshot above) the first contact surface has a non-flat cross section.
Regarding claim 3, Oetiker Group teaches (annotated screenshot above) the cross section of the first contact surface is formed complementary to the cross section of the second contact surface.
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Regarding claim 4, Oetiker Group teaches (annotated screenshot above) the cross section of the second contact surface has a round shape.
Regarding claim 5, Oetiker Group teaches (annotated screenshot above) the cross section of the second contact surface has the shape of a ring segment.
Regarding claim 6, Oetiker Group teaches (first annotated screenshot above) the non-flat cross section of the second contact surface extends up to the area immediately adjacent to the aperture side of the second tensioning hook.
Regarding claim 7, Oetiker Group teaches (first annotated screenshot above) the second end portion has a free end which is radially raised, and the second contact surface is provided in a region which is circumferentially between the aperture of the second tensioning hook and the radially raised free end.
Regarding claim 8, Oetiker Group teaches (first annotated screenshot above) the regions immediately adjacent to the second contact surface in the width direction of the band are at the same radial height as the raised free end and circumferentially extend at this height up to the raised free end.
Regarding claim 9, Oetiker Group teaches (first annotated screenshot above) the first and second contact surfaces are provided only in a central part of the clamp band in the width direction.
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.
Claims 10,11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Oetiker Group in view of Spors (US 5353478).
Regarding claims 10 and 11, Oetiker Group does not teach the connecting hook has a central ramp portion with the first contact surface at its radial outer portion and wherein the connecting hook has, adjacent to the central ramp portion in the width direction, one or more guiding elements for centering the second end portion during the closing action.
Spors teaches a central ramp and guide slots for centering the end of a band during the closing action (see annotated figure below).
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add a ramp and guide to “bar is not only guided longitudinally by the slot but also by the crease” as set forth by Spors.
Regarding claim 12, Oetiker Group does not teach wherein the one or more guiding elements provide one or more funnel-like grooves between the root of the ramp portion and the guiding elements, the one or more funnel-like grooves being arranged for engagement with one or more lower rim parts of the second contact surface during a midterm stage of the closing action.
Spors teaches a set of tapered groves as part of its guiding element (see element 15 in figure 6) which are similar to what “funnel-like groves” would be shaped like. Therefore, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add the tapered section to make alignment with the guide easier.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA MOY whose telephone number is (571)272-0439. The examiner can normally be reached Monday Friday, 8 a.m. 5 p.m. ET..
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/J.M./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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