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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Reopening Prosecution
After further search and consideration, the prior art Henning (GB 1022614 A) was found and appears to be closer aligned to applicant’s invention as compared to previous prior arts. Therefore, prosecution is reopened.
Drawings
The drawings filed on 12/05/2025 are accepted.
Specification
Changes to the specification filed on 12/05/2025 are accepted.
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.
Claims 1-6 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henning (GB 1022614 A).
In regard to claim 1, Henning discloses clamp (Fig. 2 shows a clamp) comprising:
a band including a first end, a second end opposite the first end (Fig. 2, band at 58 has at least two circumferential ends), and a plurality of slots spaced apart from one another between the first and second ends (Figs. 2-4, 58 includes at least a plurality of slots spaced apart from one another between the first and second ends in order to receive the threads of 40), and
a tensioner (Fig. 2, worm 40 defines a tensioner) comprising:
a fixed mount (Figs. 2 and 3, bracket 54 defines a fixed mount) including (i) a base panel coupled to the first end of the band (Figs. 2 and 3, 54 has a base panel at 55 that is at least coupled to the first end of 58), the base panel including opposing first and second sides (Figs. 2 and 3, 54 has at least opposing first and second sides), (ii) a first flange coupled to the first side of the base panel and formed to include a first guide channel having a first height (Figs. 2 and 3, one of lateral walls 53 define a first flange coupled to the first side of the base panel and has at least a first guide channel at 52 which has a first height), and (iii) a second flange coupled to the second side of the base panel and formed to include a second guide channel having a second height (Figs. 2 and 3, the other 53 includes an identical second flange, second guide channel, and second height), wherein the first height of the first guide channel is a smallest distance between an upper edge of the first guide channel and a lower edge of the first guide channel (Figs. 2 and 3, the first height can be defined to be a smallest distance between an upper edge of 52 and a lower edge of 52 similar to the applicant’s invention), and wherein the second height of the second guide channel is a smallest distance between an upper edge of the second guide channel and a lower edge of the second guide channel (Figs. 2 and 3, the second height is identical to the first height),
a screw housing arranged above the base panel (Fig. 3, at 45 defines a screw housing for 40) and between the first and second flanges of the fixed mount (Fig. 3, 45 is between the flanges 53), the screw housing including a first wing that is received in the first guide channel and a second wing that is received in the second guide channel (Figs. 2 and 3, wings 50) the first wing having a first length measured parallel to the upper and lower edges of the first and second guide channels that is greater than the first height (Fig. 2, 50 has a first length measured parallel to the upper and lower edges which is greater than the first height), and the second wing having a second length measured parallel to the upper and lower edges of the first and second guide channels that is greater than the second height (Fig. 2, the second wing of 50 has a second length also greater than the second height similar to the first wing), and
a screw received in the screw housing (Figs. 2 and 3, 40 is in the screw housing 45),
wherein the screw housing and the screw can move relative to the fixed mount between (i) an engaged position in which the first wing is positioned at a lower end of the first guide channel and the second wing is positioned at a lower end of the second guide channel (Figs. 2 and 3, the screw housing 45 and screw 40 has an engaged position in which the wings are positioned at a lower end of 52 so that 40 can engage the band similar to the applicant’s invention) and (ii) a disengaged position in which the first wing is positioned at an upper end of the first guide channel and the second wing is positioned at an upper end of the second guide channel (Figs. 2 and 3, when the wings are in an upper end of 52, the screw and screw housing are in a disengaged position similar to the applicant’s invention), and
wherein, when a portion of the band including the plurality of slots is positioned between the fixed mount and the screw housing (Figs. 2 and 3, 58 includes at least a portion having the plurality of slots between 55 and 45 such that the threads of 40 can connect to), a thread of the screw is (i) received in the plurality of slots when the screw housing and the screw are in the engaged position (Figs. 2 and 3, threads of 40 engage the slots of 58 to be in the engaged position and to tighten the band similar to the applicant’s invention) and (ii) spaced apart from the plurality of slots when the screw housing and the screw are in the disengaged position (Figs. 2 and 3, the threads of 40 are spaced apart from the slots when 45 and 50 are in the disengaged position relative to band 58).
In regard to claim 2, Henning discloses the clamp of claim 1, wherein the screw is rotatable within the screw housing about a screw axis (Fig. 2, 40 is rotatable within 45 about a screw axis), wherein movement of the portion of the band positioned between the fixed mount and the screw housing requires rotation of the screw about the screw axis when the screw housing and the screw are in the engaged position (Figs. 2 and 3, movement of the band requires rotation of 40 about the screw axis when the 45 and 50 are in the engaged position similar to the applicant’s invention), and wherein movement of the portion of the band positioned between the fixed mount and the screw housing does not require rotation of the screw about the screw axis when the screw housing and the screw are in the disengaged position (Figs. 2 and 3, in the disengaged position, 40 and 45 do not require rotation since the band 58 would be able to move freely similar to the applicant’s invention).
In regard to claim 3, Henning discloses the clamp of claim 2, wherein the screw axis is parallel to the base panel when the screw housing and the screw are in the engaged position (Figs. 2 and 3, screw axis is parallel to the base panel at 55 in the engaged position similar to the applicant’s invention).
In regard to claim 4, Henning discloses the clamp of claim 3, wherein the screw axis remains parallel to the base panel when the screw housing and the screw are in the disengaged position (Figs. 2 and 3, the screw axis of 40 remains parallel to 55 when 45 and 40 are in the disengaged position similar to the applicant’s invention).
In regard to claim 5, Henning discloses the clamp of claim 1, wherein each of the first and second guide channels is linear and arranged at an angle relative to the base panel (Figs. 2 and 3, each guide channels 52 is linear as shown and arranged at an angle relative to the base panel 55 similar to the applicant’s invention).
In regard to claim 6, Henning discloses the clamp of claim 5, wherein the angle is acute (Fig. 2, the angle is acute similar to applicant’s invention).
In regard to claim 10, Henning discloses the clamp of claim 1, wherein each of the lower ends of the first and second guide channels is spaced apart from the base panel by a first distance (Figs. 2 and 3, each lower end of channels 52 is spaced apart from 55 that define a first distance), and wherein each of the upper ends of the first and second guide channels is spaced apart from the base panel by a second distance greater than the first distance (Figs. 2 and 3, each upper end of the channels 52 is spaced apart from 55 defining a second distance which is greater than the first distance since the upper ends extend further away from 55 similar to the applicant’s invention).
Claim Rejections - 35 USC § 103
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.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Henning (GB 1022614 A).
In regard to claims 7 and 8, Henning discloses the clamp of claim 5, but does not expressly disclose wherein the angle is between 10 and 45 degrees or is between 25 and 35 degrees (Fig. 2, the angle is at least between 0 and 90 degrees).
While Henning does not expressly disclose the angle is between 10 and 45 degrees or is between 25 and 35 degrees; the angle may be determined through the use of routine experimentation during the engineering design process to optimize the functionality of the device, suited to the intended use and desired parameters. See MPEP 2144.05(II).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Henning to the angle is between 10 and 45 degrees or is between 25 and 35 degrees, as the angle may be optimized to the desired operational parameters through the use of routine experimentation to have the advantage of ease of assembly and disassembly. A person of ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the results would have been predictable.
Additionally, applicant’s specification lacks any criticality with regard to the angle being between 10 and 45 degrees or between 25 and 35 degrees. The crux of applicant’s invention with regard to the angle is to allow the screw and screw housing to move to the disengaged position and not to the specific angle. The specification failed to provide sufficient facts and evidence of non-obvious performance outside of 10 and 45 degrees such as the performance of 9 degrees or 50 degrees. Therefore, the claimed ranges are arbitrary and the crux of applicant’s invention is to have an inclination relative to the base panel which the prior art Henning also discloses as shown in Fig. 2.
In regard to claim 9, Henning discloses the clamp of claim 5, but does not expressly disclose wherein each of the first and second guide channels has a length between its lower and upper ends that is greater than a depth of the thread of the screw divided by a sine of the angle.
In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP 2144.04(IV)(A).
Additionally, in light of applicant’s specification, the claimed length between its lower and upper ends that is greater than a depth of the thread of the screw divided by a sine of the angle is related to having an inclined angled guide channel. Therefore, the crux is the angle of the guide channels relative to the base panel and not the relative dimensions of a length, depth, and sine of an angle.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second guide channels of Henning to include each of the first and second guide channels has a length between its lower and upper ends that is greater than a depth of the thread of the screw divided by a sine of the angle with a reasonable expectation of success in order to have the advantage of ease of assembly and disassembly and a strong and reliable engagement between the screw and the band. Also, see the same reasons above for claims 7 and 8 since the relative dimensions of claim 9 are related to the angle of the guide channels as described in applicant’s specification.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William S. Choi whose telephone number is (571)272-8223. The examiner can normally be reached Mon - Fri 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM S. CHOI/Primary Examiner, Art Unit 3679