DETAILED ACTION
This is the second office action for US Application 18/914,673 for a Clamp.
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 .
Election/Restrictions
Applicant’s election without traverse of Species II in the reply filed on 23 February 2026 is acknowledged.
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) 18, 21, and 27-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,396,837 to Ellinwood. Regarding claim 18, Ellinwood discloses a band assembly (1, 2) including a lower band (1) having a first end (at 4) and a second end (at 12), and an upper band (2) having a first end (at 5) removably coupled to the first end (4) of the lower band and a second end (at 13) pivotally coupled to the second end of the lower band. The lower band and upper band define a passage for receiving a payload (see figures 1 and 2), and there is a cushion assembly (8… see figures 1 and 2) at least partially surrounding the band assembly. There is a fastener (6) removably coupling the lower band and the upper band and configured to adjust a size of the passage (when the fastener is removed the size of the passage can be increased). Regarding claim 21, the fastener is a captive screw.
Regarding claim 27, Ellinwood discloses a band assembly (1, 2, ) including a lower band (1) having a first end (at 4) and a second end (at 12), and an upper band (2) having a first end (at 5) removably coupled to the first end (4) of the lower band and a second end (at 13) pivotally coupled to the second end of the lower band. The lower band and upper band define a passage for receiving a payload (see figures 1 and 2), and there is a fastener (6) removably coupling the lower band and the upper band, and configured to adjust the size of the passage (when the fastener is removed the size of the passage can be increased).
Regarding claim 28, the lower band (1) and the upper band (2) each have an opening at the respective first end aligned with one another to receiver the fastener (see figures 1 and 2… bolt 6 extends through openings in ends 4 and 5 at the respective ends of the lower and upper bands). Regarding claim 29, the fastener is a captive screw.
Claim(s) 27, 34, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0158263 to Kim et al. Regarding claim 27, Kim et al. discloses a clamp comprising a band assembly (26, 42) comprising a lower band (26) having a first end (34) and a second end (30), and an upper band (42) having a first end (52) removably coupled to the first end of the lower band, and a second end (44) pivotally coupled to the second end of the lower band. The lower band and the upper band define a passage for receiving a payload. There is a fastener (52) removably coupling the lower band and the upper band and configured to adjust the size of the passage (when the fastener is removed the size of the passage can be increased).
Regarding claim 34, the lower band includes a foot (28) with an opening to receive a fastener (29) to couple the clamp to a structure. Regarding claim 35, the lower band and the upper band are plastic (see paragraph 0021).
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.
Claim(s) 18-22, 24-26, 29, 30, 32, and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0158263 to Kim et al. in view of US 4,338,707 to Byerly. Regarding claim 18, Kim et a. discloses a clamp comprising a band assembly (26, 42) comprising a lower band (26) having a first end (34) and a second end (30), and an upper band (42) having a first end (52) removably coupled to the first end of the lower band, and a second end (44) pivotally coupled to the second end of the lower band. The lower band and the upper band define a passage for receiving a payload. There is a fastener (52) removably coupling the lower band and the upper band and configured to adjust the size of the passage (when the fastener is removed the size of the passage can be increased.
Kim et al. does not disclose a cushion assembly at least partially surrounding the band assembly. Byerly provides a teaching for surrounding a band assembly (10, 12) of a clamp with a cushion assembly (30) to evenly distribute forces exerted by the cable or bundle of wires on the clamp. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have surrounded the band assembly of Kim et al. with a cushioning assembly to evenly distribute forces exerted by the cable or bundle of wires on the clamp, as taught by Byerly.
Regarding claim 19, Kim et al. discloses a foot (28) with an opening to receive a fastener (29) to couple the clamp to a structure. However, Kim et al. does not disclose the lower band and upper band each having an opening at the respective first end aligned with one another to receive a fastener. Byerly provides a teaching for providing first ends of an upper band (10 at 14) and a lower band (12 at 24) with openings (16, 26) aligned with one another to receiver a fastener (18). Because both Kim et al. and Byerly disclose means for fastening first ends of an upper band and a lower band of a clamp, it would have been obvious to one of ordinary skill in the art to substitute one fastening means for the other, to achieve the predictable result of lower and upper bands with an opening at the first end aligned with one another to receive a fastener.
Regarding claim 20, the lower band and the upper band of Kim et al. are plastic (see paragraph 0021). Regarding claim 21, the fastener (18) of Byerly is a captive screw. Regarding claim 22, Byerly further comprises a fastener retainer (20), wherein the captive screw (18) is threadably coupled to the fastener retainer. Regarding claim 24, the lower band (12) and the upper band (10) of Byerly each have an opening (26 and 16) at the respective first end aligned with one another to receive the fastener (18), and wherein a fastener retainer (20) is formed with one of the upper or lower bands for coupling to the fastener.
Regarding claim 25, Kim et al. discloses the upper band as including a pair of spaced ears (78) at the second end, and the lower band as including an ear (32) at the second end that is received between the pair of spaced ears on the upper band, and a pivot pin (46) is received in opening in the pair of spaced ears and the ear to pivotally couple the lower band and the upper band (see figures 4 and 5). Applicant claims the lower band as including the pair of ears and the upper band as including an ear, but the reversal of parts is an obvious modification that doesn’t alter the operation of the invention and would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Regarding claim 26, Kim discloses the lower band as including a foot (28) with an opening to receive a fastener (29) to couple the clamp to a structure. Regarding claim 28, Kim et al. does not disclose the lower band and upper band each having an opening at the respective first end aligned with one another to receive a fastener. Byerly provides a teaching for providing first ends of an upper band (10 at 14) and a lower band (12 at 24) with openings (16, 26) aligned with one another to receiver a fastener (18). Because both Kim et al. and Byerly disclose means for fastening first ends of an upper band and a lower band of a clamp, it would have been obvious to one of ordinary skill in the art to substitute one fastening means for the other, to achieve the predictable result of lower and upper bands with an opening at the first end aligned with one another to receive a fastener.
Regarding claim 29, the fastener (18) of Byerly is a captive screw. Regarding claim 30, there is a fastener retainer (20), wherein the captive screw (18) is threadably coupled to the fastener retainer. Regarding claim 32, the lower band (12) and the upper band (10 of Byerly each have an opening (26, 16) at the respective first end aligned with one another to receive the fastener (18), and wherein a fastener retainer (20) is formed with one of the upper or lower bands for coupling to the fastener.
Regarding claim 33, Kim et al. discloses the upper band as including a pair of spaced ears (78) at the second end, and the lower band as including an ear (32) at the second end that is received between the pair of spaced ears on the upper band, and a pivot pin (46) is received in opening in the pair of spaced ears and the ear to pivotally couple the lower band and the upper band (see figures 4 and 5). Applicant claims the lower band as including the pair of ears and the upper band as including an ear, but the reversal of parts is an obvious modification that doesn’t alter the operation of the invention and would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Claim(s) 23 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0158263 to Kim et al. in view of US 4,338,707 to Byerly, and in further view of US 2013/0302108 to Spencer et al. Regarding claims 23 and 31, Kim et al. in view of Byerly does not disclose a resilient member surrounding the fastener, the resilient member being configured to compress as the fastener is tightened.
Spencer et al. provides a teaching of surrounding a fastening member (54) with a resilient member (56) that compresses as the fastener is tightened to facilitate easier separation of the mating parts. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have surrounded the fastener of Kim et al. in view of Byerly with a resilient member that compresses as the fastener is tightened to facilitate easier separation of the mating parts as taught by Spencer et al.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0158263 to Kim et al. in view of US 2013/0302108 to Spencer et al. Regarding claim 36, Kim et al. discloses a clamp comprising a band assembly (26, 42) comprising a lower band (26) and an upper band (42), the lower band and the upper band have an end pivotally coupled to one another (at 32 and 46), and an end removably coupled to one another (at 34 and 52). The lower band and the upper band define a passage for receiving a payload. There is a fastener (52) removably coupling the lower band and the upper band and configured to adjust the size of the passage (when the fastener is removed the size of the passage can be increased).
Kim et al. does not disclose a resilient member surrounding the fastener, the resilient member being configured to compress as the fastener is tightened.
Spencer et al. provides a teaching of surrounding a fastening member (54) with a resilient member (56) that compresses as the fastener is tightened to facilitate easier separation of the mating parts. It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have surrounded the fastener of Kim et al. with a resilient member that compresses as the fastener is tightened to facilitate easier separation of the mating parts as taught by Spencer et al.
Claim(s) 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0158263 to Kim et al. in view of US 2013/0302108 to Spencer et al., and in further view of US 4,338,707 to Byerly. Kim et al. in view of Spencer et al. does not disclose a fastener retainer, wherein the fastener is threadably coupled to the fastener retainer. Byerly provides a teaching for providing first ends of an upper band (10 at 14) and a lower band (12 at 24) with openings (16, 26) aligned with one another to receiver a fastener (18). Because both Kim et al. and Byerly disclose means for fastening first ends of an upper band and a lower band of a clamp, it would have been obvious to one of ordinary skill in the art to substitute one fastening means for the other, to achieve the predictable result of lower and upper bands with an opening at the first end aligned with one another to receive a fastener. Byerly further comprises a fastener retainer (20), wherein the fastener (18) is threadably coupled to the fastener retainer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2417741 to Dillon
US 2018/0274699 to Ratzlaff
US 2017/0146154 to Tally
US 2023/0279970 to Martin
US 4382570 to Craig
US 3856245 to Byerly
WO 2015/0009141 to Juzak
The above prior art discloses various clamping arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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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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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632