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 5/15/2026 has been entered. Claims 1-6, 8-16 and 18-20 remain pending in the present application.
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, 4-6, 8-11, 15-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Montgomery US 674246 (hereinafter Montgomery) in view of Eisenhardt US 3825358 (hereinafter Eisenhardt).
Re. Cl. 1, Montgomery discloses: A cable guide clamp (Fig. 2) for securing cable (in the same manner as 8, Fig. 3), the cable guide clamp comprising: a main body (11, Fig. 2) having a top (where 23, 24 are, Fig. 2), a bottom (see Fig. 2 opposite side from the top), a first end, a second end (top and bottom ends in the view shown in Fig. 2), and sides (see Fig. 3); wherein the main body has a cylindrical opening (see opening which leads to 14 Fig. 2) that leads to a first passageway (14, Fig. 2) extending from the first end to the second end (see Fig. 2), and a rectangular opening (see Fig. 2-3, opening which leads to 15) that leads to a second passageway (15, Fig. 2) extending from the first end to the second end (see Fig. 2); wherein the top comprises a first threaded bolt and a first nut (23 and 25, Fig. 2)), a second threaded bolt and second nut (24 and 26, Fig. 2), clamping pad (16, Fig. 2) installed in the main body (see Fig. 2).
Re. Cl. 4, Montgomery discloses: the rectangular opening is positioned adjacent to the circular opening (see Fig. 2-3).
Re. Cl. 5, Montgomery discloses: the clamping pad is installed in the second passageway (see Fig. 2-3), and the second passageway includes angled uprights for engaging the clamping pad (see Fig. 3, interior side of the rectangular passageway form angled uprights which the clamping pad rests against).
Re. Cl. 6, Montgomery discloses: the clamping pad is sub-flush with the first passageway of the main body (see Fig. 2-3 to allow 8 to enter into the device).
Re. Cl. 9, Montgomery discloses: the clamping pad further comprising a flat top (see Fig. 3, where 24 enters) , an arcuate bottom (see Fig. 3, which engages 8), a front end, a back end, and sides (see Fig. 2-3).
Re. Cl. 10, Montgomery discloses: the clamping pad comprises at least one mounting hole (see Fig. 2-3, where 23, 24 penetrate) for receiving the first threaded bolt or the second threaded bolt (see Fig. 2).
Re. Cl. 11, Montgomery discloses: the at least one mounting hole comprises a retaining ring (20, 21, Fig. 2) for engaging the first threaded bolt or the second threaded bolt to maintain the clamping pad in an initial position in the main body (see Fig. 2).
Re. Cl. 16, Montgomery discloses: A cable guide clamp (Fig. 2-3) and cable assembly (see 8, Fig. 2-3; the term “cable” is understood to mean “something resembling or fashioned like a cable;” as clearly seen in Fig. 2-3, the member 8 is fashioned or resembles a cylindrical cable; Note: definition take from www.merriam-webster.com/dictionary), the assembly comprising: a main body (11, Fig. 2) having a top (see Fig. 2, where 23, 24 are installed), a bottom, (see Fig. 2, opposite to the top) a first end, a second end (top and bottom ends as shown in Fig. 2), and sides (see Fig. 3); a clamping pad (16, Fig. 2-3) installed in the main body (see Fig. 2-3), the clamping pad having a flat top (see Fig. 3), an arcuate bottom (see Fig. 3), a front end, a back end, and sides (see Fig. 2-3); and a cable (8, Fig. 2-3) positioned within the main body (see Fig. 3); a first threaded bolt and a first nut (see 24, 26 Fig. 2) and a second threaded bolt and a second nut (see 23 and 25, Fig. 2).
Re. Cl. 18, Montgomery discloses: the main body has a cylindrical opening that leads to a first passageway extending from the first end to the second end (see opening which leads to 14 Fig. 2), and a rectangular opening (see Fig. 2-3, opening which leads to 15) that leads to a second passageway (15, Fig. 2-3) extending from the first end to the second end; wherein the rectangular opening is positioned adjacent to the cylindrical circular opening (see Fig. 1-3); wherein the clamping pad is installed in the second passageway and the cable is routed through the first passageway; and wherein the clamping pad is in an initial position sub-flush with the first passageway of the main body (see Fig. 2-3, to allow 8 to enter into the device before being tightened onto 8).
Re. Cl. 20, Montgomery discloses: the at least one first-threaded bolt or the second threaded bolt is tightened to move the clamping pad from the initial position to an engaged position contacting the cable positioned in the main body (see Fig. 2-3).
Re. Cls. 1, 8, and 16, Montgomery does not disclose a first slotted opening positioned at the first end and extending towards a center of the main body, wherein the first slotted opening is configured to receive the first threaded bolt and the first nut; and a second slotted opening positioned at the second end and extending towards the center, wherein the second slotted opening is configured to receive the second threaded bolt and the second nut (Cls. 1 and 16), or the first slotted opening and the second slotted opening respectively define a recess that provides a tight fit pocket for receiving and housing the first nut or the second nut (Cl. 8). Eisenhardt discloses a guide clamp (10, Fig. 1) which includes a main body (where 17 is located Fig. 1-4) having a first slotted opening (see Fig. 4 where nut 69 is located) positioned at the first end and extending towards a center of the main body (see Fig. 3 towards the center of 10), wherein the first slotted opening is configured to receive the first threaded bolt (67, Fig. 4) and the first nut (69, Fig. 4); and a second slotted opening (where nut 68 is located, Fig. 4) positioned at the second end and extending towards the center (see Fig. 4, towards the center of 10), wherein the second slotted opening is configured to receive the second threaded bolt and the second nut (see Fig. 4, receiving 66 and 68); the first slotted opening and the second slotted opening respectively define a recess that provides a tight fit pocket for receiving and housing the first nut or the second nut (see Fig. 4, tight fit between 71, 72 so that rotation is prevented but removal is allowed as discussed in Col. 3, Line 65-Col. 4, Line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the main body and nut configuration of the Montgomery device with the slotted openings of Eisenhardt with reasonable expectation of success since Eisenhardt states that such a modification enables for the nuts to be removed (Col. 3, Line 65-Col. 4, Line 4). Such a modification would be advantageous by enabling the user to remove a nut in the instance it is not needed or if it becomes worn and needs replaced.
Re. Cl. 15, Montgomery in view of Eisenhardt does not disclose the main body is formed of self-lubricating polymer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the main body of Montgomery to be made of the material claimed, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Claims 12-14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Montgomery in view of Eisenhardt as applied above, and further in view of Ashley US 2805877 (hereinafter Ashley).
Re. Cls. 12-14 and 19, the combination of Montgomery in view of Eisenhardt does not disclose the clamping pad further comprising integral steel supports (Cl. 12), he clamping pad includes notches extending in the top and the sides of the clamping pad (Cl. 13), the notches receive angled uprights extending in the second passageway of the main body, whereby the angled uprights prevent the clamping pad from sliding out of the main body (Cl. 14) or the clamping pad includes notches extending in the top and the sides of the clamping pad, wherein the notches receive angled uprights extending in the second passageway of the main body, whereby the angled uprights prevent the clamping pad from sliding out of the main body (Cl. 19). Ashley discloses a clamp (Fig. 1) which includes a main body (1, Fig. 1) and a clamping pad (4, Fig. 1) which functions to be adjusted to clamp a device therein (see TB, Fig. 1). Re. Cl. 12, Ashley discloses the clamping pad further comprising integral supports (4a, Fig. 1). Re. Cl. 13, Ashley discloses the clamping pad includes notches (4a, Fig. 1) extending in the top and the sides of the clamping pad (see Fig. 1). Re. Cl. 14, Ashley discloses the notches receive angled uprights (5, 6, Fig. 1) extending in the second passageway of the main body (see Fig. 1), whereby the angled uprights prevent the clamping pad from sliding out of the main body (see Fig. 1). Re. Cl. 19, Ashley discloses the clamping pad includes notches (4a, Fig. 1) extending in the top and the sides of the clamping pad (see Fig. 1), wherein the notches receive angled uprights (5, 6, Fig. 1) extending in the second passageway of the main body, whereby the angled uprights prevent the clamping pad from sliding out of the main body (see Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the clamping block and second passageway of Montgomery to include the grooves and uprights of Ashley with reasonable expectation of success since Ashley states that such a modification forms guides for the clamping pad in reciprocal movement (Col. 2, Lines 2-8).
Re. Cl. 12, the combination of Montgomery, Eisenhardt and Ashley discloses the claimed invention as discussed above but does not disclose the use of steel material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the clamping pad and its integral supports of in the combination to be made of steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Claim(s) 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Williams US 1190971 (hereinafter Williams) in view of Montgomery in view of Eisenhardt.
Re. Cl. 1, Williams discloses: A cable guide clamp (Fig. 1) for securing cable (see Fig. 3), the cable guide clamp comprising: a main body (1, Fig. 1) having a top (where 3 is, Fig. 2), a bottom (where 7 is, Fig. 2), a first end, a second end (front and back ends, Fig. 1), and sides (see Fig. 1, where the extensions are with 4’s in them); wherein the main body has a cylindrical opening (see Fig. 1-2, where 2 is located) that leads to a first passageway (cylindrical interior of 1, Fig. 1) extending from the first end to the second end (see Fig. 1),
Re. Cl. 2, Williams discloses: : the main body further comprising fixing portions (see side portions with 4, Fig. 1) extending from the bottom along the sides of the main body (see Fig. 1 and 3), the fixing portions including a mounting hole (4, Fig. 1) for receiving a fastener (5, Fig. 3) to secure the main body to a surface (6, Fig. 3).
Re. Cl. 3, Williams discloses: the fixing portions have a support rib (8, Fig. 1 and 3) for providing added support to the main body (see Fig. 1 and 3).
Re. Cl. 1, Williams does not disclose a rectangular opening that leads to a second passageway extending from the first end to the second end, and wherein the top comprises: a first slotted opening positioned at the first end and extending towards a center of the main body, wherein the first slotted opening is configured to receive a first threaded bolt and a first nut; and a second slotted opening positioned at the second end and extending towards the center, wherein the second slotted opening is configured to receive a second threaded bolt and a second nut; and a clamping pad installed in the main body. Montgomery discloses an alternate cylindrical clamp (Fig. 1) which includes a main body (11, Fig. 2) having a cylindrical opening (opening in the end of 11 which leads to 14, Fig. 2) that leads to a first passageway (14, Fig. 2) extending from the first end to the second end (see Fig. 2), and a rectangular opening (opening which leads to 15, Fig. 2) that least to a second passageway (15, Fig. 2) extending from the first to the second end (see Fig. 2); a clamping pad (16, Fig. 2-3) installed in the main body (see Fig. 2), at least one threaded bolt (23, 24, Fig. 2-3) and at least one nut (25, 26, Fig. 2-3) installed in the main body for securing the clamping pad and object positioned within the main body (see Fig. 2-3).
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 singular set screw configuration of Williams with the two threaded bolt and clamping pad configuration of Montgomery with reasonable expectation of success to prevent localized stresses on the member being clamped. Such a modification of using the clamping pad would spread out the clamping force on a larger surface area of the member being clamped compared to a single set screw, thus eliminating potential damage caused by the set screw.
Re. Cl. 1, the combination of Williams in view of Montgomery does not disclose a first slotted opening positioned at the first end and extending towards a center of the main body, wherein the first slotted opening is configured to receive a first threaded bolt and a first nut; and a second slotted opening positioned at the second end and extending towards the center, wherein the second slotted opening is configured to receive a second threaded bolt and a second nut. Eisenhardt discloses a guide clamp (10, Fig. 1) which includes a main body (where 17 is located Fig. 1-4) having a first slotted opening (see Fig. 4 where nut 69 is located) positioned at the first end and extending towards a center of the main body (see Fig. 3 towards the center of 10), wherein the first slotted opening is configured to receive the first threaded bolt (67, Fig. 4) and the first nut (69, Fig. 4); and a second slotted opening (where nut 68 is located, Fig. 4) positioned at the second end and extending towards the center (see Fig. 4, towards the center of 10), wherein the second slotted opening is configured to receive the second threaded bolt and the second nut (see Fig. 4, receiving 66 and 68).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the main body and nut configuration of the Williams in view of Montgomery with the slotted openings of Eisenhardt with reasonable expectation of success since Eisenhardt states that such a modification enables for the nuts to be removed (Col. 3, Line 65-Col. 4, Line 4). Such a modification would be advantageous by enabling the user to remove a nut in the instance it is not needed or if it becomes worn and needs replaced.
Response to Arguments
Applicant's arguments filed 5/15/2026 have been fully considered but they are not persuasive. While the rejections have changed since the prior office action, the Montgomery reference remains and therefore the Examiner will answer Applicant’s arguments in reference to Montgomery below.
Re. Applicant’s argument that the hypothetical modification of Montgomery would destroy the principle of operation and render the it unsuitable for its intended purpose, the Examiner disagrees. The Examiner’s proposed modification is simply replacing an integral threaded opening of a main body with a nut positioned within slots within a main body. It appears as if the Applicant is of the position that the modification would somehow alter where the screws in Montgomery are located and how they interact with the clamping pad. This however it not the case, since the modification is only to have removable nuts withing the main body that interact with the screws, not reposition them altogether. Applicant’s argument has been considered and is not persuasive.
Re. Applicant’s argument that one of ordinary skill would not modify Montgomery to include the slots due to the presence of exteriorly threaded reduced end portions (12 and 13), the Examiner disagrees. It is the Examiner’s position that one of ordinary skill in the art would recognize that the tapered surface of the main body leading to end portions (12 and 13) provide clearance between where the screws (23, 24) are located and the reduced end portions, providing a space where the nuts/slots could be placed without interfering with the threaded end portions (12, 13). Further, the now relied upon reference in Eisenhardt specifically shows that the slots are located in similarly tapered surfaces (see Fig. 4-5) which would guide one of ordinary skill in the art to be placed as discussed above. Applicant’s argument has been considered but is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cafiero US 2499985, Ito US 2022/0106987, and Michaud US 2005/0072883 disclose other know clamps 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..
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 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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