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 Objections
Claim 3 is objected to because of the following informalities: In claim 3, line 3, it appears that “fourth clamp portion” should be -fourth clamp surface-, to be consistent with applicant’s detailed disclosure (the Detailed Description references just two clamp portions and a “fourth clamp surface 422” of the second clamp portion. Only the Summary of the Invention refers to a “fourth clamp portion” of the second clamp portion, and that recitation appears to be inadvertent). 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McElhinney (USPN 2,400,836).
Regarding claim 1, McElhinney teaches a clamp mechanism comprising: a base portion 10; a first clamp portion 44 including a first clamp surface, the first clamp portion fixed to the base portion; and a second clamp portion 32 (Figures 1 and 4) including a second clamp surface 46 configured to clamp an object 13 together with the first clamp surface 46 therebetween in a first direction, the second clamp portion being attached to the base portion to be movable by rotation as well as by parallel displacement along the first direction ((this is interpreted to mean any movement in the first direction, not strictly only movement along the first direction, as is consistent with applicant’s disclosed arrangement; pins 34, 37, in slots 27, 28, guide the second clamp portion 32 to rotate and move linearly; page 2, second column, lines 32-46).
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gagnon (USPN 3,039,161)
Regarding claim 1, Gagnon teaches a clamp mechanism 8, 9, comprising: a base portion 10; a first clamp portion 9 including a first clamp surface 11, the first clamp portion fixed to the base portion (portions 9 and 10 are integrally formed into u-shaped frame 8; Figures 1 and 2; col. 2, lines 4-7); and a second clamp portion 18 (Figures 1-3) including a second clamp surface 19 configured to clamp an object (angle iron 1) together with the first clamp surface 11 therebetween in a first direction, the second clamp portion being attached to the base portion to be movable by rotation (rotation about pin 14) as well as by parallel displacement along the first direction (this is interpreted to mean any movement in the first direction, not strictly only movement along the first direction, as is consistent with applicant’s disclosed arrangement; pin 14 slides within slot 23 for displacement in the first direction).
Regarding claim 3, Gagnon teaches that the first clamp portion 9 includes a third clamp surface 12, the second clamp portion 18 includes a fourth clamp portion 20 configured to clamp the object 1 together with the third clamp surface therebetween in a second direction (horizontal) oriented orthogonal to the first direction (vertical), and the second clamp portion 18 is attached to the base portion 10 to be movable by parallel displacement along the second direction (along slot 23).
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stringer et al. (USPN 5,573,078) in view of McElhinney (USPN 2,400,836).
Stringer teaches a clamp mechanism (Figures 15-18) comprising: a base portion 250; a first clamp portion 264, 266, 268, including a first clamp surface (vertical portion of clamp portion 268 and front inner surface of notches 264, 266), the first clamp portion fixed to the base portion 250; and a second clamp portion 270, 272, 278, including a second clamp surface (rear vertical surface of notches and angle support 287; see Figure 17, col. 11, lines 4-43)) configured to clamp an object together with the first clamp surface therebetween in a first direction, the second clamp portion being attached to the base portion to be movable by rotation.
Stringer lacks parallel displacement of the second clamp portion along the first direction.
McElhinney teaches a clamp mechanism comprising: a base portion 10; a first clamp portion 44 including a first clamp surface, the first clamp portion fixed to the base portion; and a second clamp portion 32 (Figures 1 and 4) including a second clamp surface 46 configured to clamp an object 13 together with the first clamp surface 46 therebetween in a first direction, the second clamp portion being attached to the base portion to be movable by rotation as well as by parallel displacement along the first direction (this is interpreted to mean any movement in the first direction, not strictly only movement along the first direction, as is consistent with applicant’s disclosed arrangement; pins 34, 37, in slots 27, 28, guide the second clamp portion 32 to rotate and move linearly; page 2, second column, lines 32-46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to attach the second clamp portion to the base portion so as to move parallel to displacement of the second clamp portion along the first direction as well as movable by rotation, in view of McElhinney, in order to precisely position the second clamp portion relative to the first clamp portion.
Regarding claim 2, McElhinney teaches that one of the second clamp portion and the base portion includes a first groove 27 and a second groove 28 (see McElhinney, Figures 1 and 4), the first groove extending straight along the first direction, the second groove extending in a bent shape, and the other of the second clamp portion and the base portion includes a first protrusion 27 and a second protrusion 28, the first protrusion engaged with the first groove, the second protrusion engaged with the second groove. The second slot of McElhinney appears as a bent shape rather than a circular-arc shape. However, it would have been an obvious design modification to alter the shaped of the slots, including curving the bent slot, in order to ensure smooth movement of the pins within the slots.
Regarding claim 3, Stringer, Figure 15, shows the first clamp portion 268 includes a third clamp surface, the second clamp portion 278 includes a fourth clamp portion configured to clamp the object together with the third clamp surface (Stringer, Figure 17) therebetween in a second direction oriented orthogonal to the first direction. McElhinney teaches the second clamp portion is attached to the base portion to be movable by parallel displacement along the second direction (along slots 27-29).
Regarding claim 4, one of the second clamp portion and the base portion of the combination includes a first groove and a second groove (McElhinney), as claimed. As discussed above, it would have been an obvious design modification to alter the shaped of the slots, including curving the bent slot and angling the straight slot, in order to ensure a precise trajectory of the second clamp portion and smooth movement of the pins within the slots.
Regarding claim 5, Stringer teaches a carrying vehicle 30 comprising: a carrying vehicle body (chassis 40 is shown supporting a body structure in Figure 10) including a prime mover (motor 58) and a drive wheel 34, 36, and the clamp mechanism attached to the carrying vehicle body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arute shows a latch 24 having two slots, one having a linear portion and one forming a circular arc.
Gilbert teaches a clamp having a stationary first clamp portion and a second clamp portion that pivots and moves along a linear slot relative to the first clamp portion.
Cline, Johnson, Johansen, Gilliland, and Kalmanson show clamps for engaging wheeled vehicles.
Coenen teaches a latch that rotates and translates.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/
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