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 .
DETAILED ACTION
Claim Rejections - 35 USC § 102
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) 1-3, 5-8, 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9284968 B2 Clouser (Clouser).
Regarding claim 1, Clouser discloses a holder (Fig. 1—10) for mounting to a cylinder element (Fig. 5—P), comprising: a base body (Fig. 1—20) and a carriage (Fig. 1—40) connectable to the base body (Fig. 1—20), wherein a longitudinal direction of the base body (Fig. 1—20) and of the carriage (Fig. 1—40) extends essentially parallel to the longitudinal axis of the cylinder element (Fig. 5—P) in the mounted state of the holder (Fig. 1—10), wherein the base body (Fig. 1—20) comprises a longitudinally extending base body contact surface (Fig. 1—23,26) for contacting, at least in sections, an outer side of the cylinder element (Fig. 5—P), wherein the base body (Fig. 1—20) comprises at least two base body guide elements (Fig. 1—32) extending essentially in the longitudinal direction, wherein the base body contact surface (Fig. 1—23,26) and the base body guide elements (Fig. 1—32) are tilted relative to one another by a base body (Fig. 1—20) angle between 1 and 25 degrees (col. 3 ln. 10), wherein the carriage (Fig. 1—40) comprises a longitudinally extending carriage contact surface (Fig. 1—43,46) for contacting, at least in sections, an outer side of the cylinder element (Fig. 5—P), wherein the carriage (Fig. 1—40) comprises at least two carriage guide elements (Fig. 1—52) extending essentially in the longitudinal direction, wherein the carriage contact surface (Fig. 1—43,46) and the carriage guide elements (Fig. 1—52) are tilted relative to one another by a carriage (Fig. 1—40) angle of between 1 and 25 degrees (col. 3 ln. 10), wherein the base body guide elements (Fig. 1—32) correspond to the carriage guide elements (Fig. 1—52) in such a way that by a first moving (pg. 1 para. 0009) of the carriage (Fig. 1—40) relative to the base body (Fig. 1—20), when the corresponding base body guide elements (Fig. 1—32) and carriage guide elements (Fig. 1—52) are in engagement with one another, a reducing in a holder diameter (Fig. 1—26) (dH1, dH2) is caused so that the holder (Fig. 1—10) is seized with the cylinder element (Fig. 5—P) arranged between the base body (Fig. 1—20) and the carriage (Fig. 1—40).
Regarding claim 2, Clouser discloses a second moving (pg. 1 para. 0009) of the carriage (Fig. 1—40) relative to the base body (Fig. 1—20), opposed to the first moving, with the corresponding base body guide elements (Fig. 1—32) and carriage guide elements (Fig. 1—52) engaged with one another, causes an increasing of the holder diameter (Fig. 1—26) so that the seizing of the holder (Fig. 1—10) with the cylinder element (Fig. 5—P) arranged between the base body (Fig. 1—20) and the carriage (Fig. 1—40) is released.
Regarding claim 3, Clouser discloses the base body (Fig. 1—20) angle (col. 3 ln. 10) and the carriage (Fig. 1—40) angle (col. 3 ln. 10) are essentially the same.
Regarding claim 5, Clouser discloses the base body contact surface (Fig. 1—23,26) is substantially parallel to the carriage contact surface (Fig. 1—43,46) when the base body guide elements (Fig. 1—32) and the carriage guide elements (Fig. 1—52) are engaged with each other.
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Regarding claim 6, Clouser discloses the base body (Fig. 1—20) comprises a base body cable opening (Annotated Clouser Fig. A) corresponding to a cable opening (Annotated Clouser Fig. A) of the cylinder element (Fig. 5—P), wherein the base body cable opening (Annotated Clouser Fig. A) is configured to pass at least one cable (Fig. 5—C) led out of the cable opening (Annotated Clouser Fig. A) of the cylinder element (Fig. 5—P) through the holder (Fig. 1—10).
Regarding claim 7, Clouser discloses the base body (Fig. 1—20) comprises at least one anti-twist element (col. 4 ln. 30) protruding from the base body contact surface (Fig. 1—23,26), wherein the anti-twist element (col. 4 ln. 30) projects into an opening of the cylinder element (Fig. 5—P) in a seized state of the holder (Fig. 1—10).
Regarding claim 8, Clouser discloses an inner shape (Fig. 1—46) of the carriage contact surface (Fig. 1—43,46) essentially corresponds to an outer shape of the cylinder element (Fig. 5—P), and/or an inner shape (Fig. 1—26) of the base body contact surface (Fig. 1—23,26) essentially corresponds to an outer shape of the cylinder element (Fig. 5—P).
Regarding claim 15, Clouser discloses the holder of claim 1 (Fig. 1—10); and a cylinder element (Fig. 5—P) in the form of a tube (Fig. 5—P) arranged in a passenger transport vehicle, wherein the holder (Fig. 1—10) is arranged for mounting a device (Fig. 5—B) to the cylinder element (Fig. 5—P).
Regarding claim 16, Clouser discloses placing the base body (Fig. 1—20) to a cylinder element (Fig. 5—P) in such a way that the base body contact surface (Fig. 1—23,26) contacts an outer side of the cylinder element (Fig. 5—P) at least in sections, or placing the carriage (Fig. 1—40) to the cylinder element (Fig. 5—P) in such a way that the carriage contact surface (Fig. 1—43,46) contacts the outer side of the cylinder element (Fig. 5—P) at least in section; bringing the corresponding base body guide elements (Fig. 1—32) and carriage guide elements (Fig. 1—52) in engagement with one another, and subsequently moving the carriage (Fig. 1—40) relative to the base body (Fig. 1—20) in the longitudinal direction in such a way that the holder (Fig. 1—10) is seized with the cylinder element (Fig. 5—P).
Regarding claim 17, Clouser discloses a holder (Fig. 1—10) according to claim 1; and a device (Fig. 5—B) mountable to a cylinder (Fig. 5—P) element by means of the holder (Fig. 1—10).
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) 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 9284968 B2 Clouser (Clouser) in view of US 10718365 B2 Lund (Lund).
Regarding claim 4, Clouser discloses the base body (Fig. 1—20) angle is between . . ., and/or the carriage (Fig. 1—40) angle is between . . .
Clouser fails to disclose said base body angle being between 9 and 12 degrees, and/or the carriage angle being between 9 and 12 degrees. However, Lund teaches these angles between 9 and 12 degrees (col. 6 ln. 39).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the base body angle and/or carriage angle of Clouser to be between 9 and 12 degrees, as taught by Lund, in order to achieve the specific angular orientation that provides the advantage Lund associates with this, e.g. optimal clamping/positioning geometry. Because Lund’s disclosed range overlaps the claimed range, a prima facie case of obviousness exists (See MPEP 2144.05(I)). Such a modification would not produce any unexpected results, and Applicant has not established that the claimed range is critical or produce results different from the overlapping range taught by Lund. Moreover, doing so would achieve the same predictable functional result taught by Lund for that angle range.
Regarding claim 9, Clouser discloses the carriage contact surface (Fig. 1—43,46) . . . for contacting the outer side the outer side of the cylinder element (Fig. 5—P), and/or the base body contact surface (Fig. 1—23,26) . . . for contacting the outer side the outer side of the cylinder element (Fig. 5—P).
Clouser fails to disclose the carriage contact surface comprises at least one corrugated ridge extending in the longitudinal direction for contacting the outer side of the cylinder element. However, Lund teaches a surface comprising at least one corrugated ridge (Fig. 7A, left 197) extending in the longitudinal direction for contacting the outer side of said cylinder element.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the carriage contact surface of Clouser by incorporating the at least one longitudinally extending corrugated ridge, as taught by Lund, in order to increase frictional engagement between the carriage contact surface and the outer side of the cylinder element. Such a modification would not produce any unexpected results. Moreover, doing so would reduce slippage of the cylinder element during operation.
Clouser fails to disclose the base body contact surface comprises at least one corrugated strip extending in the longitudinal direction for contacting the outer side of the cylinder element. However, Lund teaches a surface comprises at least one corrugated strip (Fig. 7A, right 197) extending in the longitudinal direction for contacting the outer side of said cylinder element.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the base body contact surface of Clouser, as modified by Lund, by incorporating the at least one longitudinally extending corrugated strip, as taught by Lund, in order to provide secure, stable contact between the base body and the outer side of the cylinder element. Such a modification would not produce any unexpected results. Moreover, doing so would maintain the cylinder element’s alignment and reduce movement relative to the base body.
Claim(s) 10 are rejected under 35 U.S.C. 103 as being unpatentable over US 9284968 B2 Clouser (Clouser) in view of US 5244283 A Morita (Morita).
Regarding claim 10, Clouser discloses at least one first carriage guide element (Fig. 1—52) of the two carriage guide elements (Fig. 1—52) is formed as a C-profile (Fig. 1—52), and at least one first base body guide element (Fig. 1—32) of the two base body guide elements (Fig. 1—32) is formed as . . . which corresponds to the C-profile, and/or at least one first base body guide element (Fig. 1—32) of the two base body guide elements (Fig. 1—32) is formed as a C-profile (Fig. 1—32), and at least one first carriage guide element (Fig. 1—52) of the two carriage guide elements (Fig. 1—52) is formed as . . . which corresponds to the C-profile.
Clouser fails to disclose a T-profile for the body guide elements and the carriage guide elements. However, Morita teaches a T-profile (Fig. 2—31) for the body guide elements (Fig. 2—7) and the carriage guide elements (Fig. 2—3).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the C-profile carriage guide elements and base body guide elements of Clouser by substituting the T-profile taught by Morita, in order to provide a positive interlocking engagement that retains the carriage on the base body while permitting guided longitudinal travel. Such a modification would not produce any unexpected results. Moreover, doing so would maintain the carriage’s alignment relative to the base body during movement.
Additionally, the specific T-profile configuration of the guide elements is not patentably distinct over Clouser and is an obvious change in shape. Here, the only difference between Clouser and claim 10 is the profile shape of the guide elements. Both profiles perform the same function of guiding the carriage along the base body, and Applicant has not disclosed that the T-profile performs differently than the C-profile or is otherwise critical. Courts have held that a change in shape is a matter of design choice that would have been obvious absent persuasive evidence that the particular configuration was significant (See MPEP 2144.04(IV)(B)).
Claim(s) 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 9284968 B2 Clouser (Clouser) in view of US 10557319 B2 Daniels (Daniels).
Regarding claim 11, Clouser fails to disclose a release lock configured to at least prevent a release of the seizing of said holder with said cylinder element. However, Daniels teaches a release lock (Fig. 1—310) configured to at least prevent a release of the seizing of said holder with said cylinder element.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Clouser by incorporating the release lock taught by Daniels, which is configured to at least prevent a release of the seizing of the holder with the cylinder element, in order to precent inadvertent or unintended release of the holder from the cylinder element during use. Such a modification would not produce any unexpected results. Moreover, doing so would improve the security and safety of the holder’s engagement with the cylinder element.
Regarding claim 12, Clouser fails to disclose the release lock comprises at least one screw connection establishable between the carriage and the base body. However, Daniels teaches the release lock (Fig. 1—310) comprises at least one screw connection (Fig. 1—400) establishable between said carriage and said base body.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the release lock of Clouser, as modified by Daniels, so that it comprises the at least one screw connection establishable between the carriage and the base body, as taught by Daniels, in order to provide an adjustable positive clamping force that secures the carriage against the base body and can be selectively tightened or loosened. Such a modification would not produce any unexpected results. Moreover, doing so would allow a user to reliably lock and unlock the carriage relative to the base body without additional tools or components.
Regarding claim 13, Clouser fails to disclose one end of a threaded rod of the screw connection is pivotally attached to the base body or to the carriage, wherein the threaded rod is pivotable between an open position and a closed position, wherein in the open position the carriage is movable relative to the base body with corresponding base body guide elements and carriage guide elements in engagement with one another such that a seized state of the holder is caused, wherein in the closed position the screw connection is establishable in such a way that a locked seized state of the holder is establishable.
However, Daniels teaches one end of a threaded rod (Fig. 1—310) of the screw connection (Fig. 1—400) is pivotally attached to said base body or to said carriage, wherein the threaded rod (Fig. 1—310) is pivotable between an open position (col. 4 ln. 15) and a closed position (col. 4 ln. 15), wherein in the open position (col. 4 ln. 15) said carriage is movable relative to said base body with corresponding base body guide elements and carriage guide elements in engagement with one another such that a seized state of said holder is caused, wherein in said closed position (col. 4 ln. 15) said screw connection (Fig. 1—400) is establishable in such a way that a locked seized state (Fig. 1—310) of said holder is establishable.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the screw connection of Clouser, as modified by Daniels, so that one end of the threaded rod is pivotally attached to the base body or the carriage and is pivotable between an open position and a closed position, as taught by Daniels, in order to allow the carriage to be freely moved relative to the base body in the open position, and then quickly and securely locked in place in the closed position. Such a modification would not produce any unexpected results. Moreover, doing so would permit quick repositioning of the carriage without fully removing the screw connection, while ensuring a reliable locked seized state of the holder.
Regarding claim 14, Clouser fails to disclose the base body comprises at least one first auxiliary opening configured to enable a first auxiliary screw connection between the base body and the cylinder element, and/or the carriage comprises at least one second auxiliary opening configured to enable a second auxiliary screw connection between the carriage and the cylinder element. However, Daniels teaches said base body comprises at least one first auxiliary opening (Fig. 2—216) configured to enable a first auxiliary screw connection (Fig. 1—400) between said base body and said cylinder element.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the base body of Clouser, as modified by Daniels, by incorporating the at least one first auxiliary screw connection, as taught by Daniels, in order to provide an additional, secure fastening point between the base body and the cylinder element. Such a modification would not produce any unexpected results. Moreover, doing so would increase the holding force and stability of the connection between the base body and the cylinder element.
Neither Clouser nor Daniels discloses or teaches and/or carriage comprises at least one second auxiliary opening configured to enable a second auxiliary screw connection between the carriage and the cylinder element. Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first auxiliary opening of Daniels, as modified above, in the carriage to provide the second auxiliary opening enabling a second auxiliary screw connection between the carriage and the cylinder element. Courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (See MPEP 2144.04(VI)(B)). Here, the first auxiliary opening and screw connection already secure the base body to the cylinder element. Duplicating that opening in the carriage would simply secure the carriage to the cylinder element, providing additional fastening strength and stability to the carriage-cylinder connection, without producing any new or unexpected results.
Claim(s) 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 9284968 B2 Clouser (Clouser) in view of US 2021/0351725 A1 Oelert (Oelert).
Regarding claim 18, Clouser discloses a cylinder element (Fig. 5—P) in the form of a tube (Fig. 5—P); a holder (Fig. 1—10) according to claim 1 and mounted to the cylinder element (Fig. 5—P); and a device (Fig. 5—B) mounted to the holder (Fig. 1-10).
Clouser fails to disclose a passenger transportation vehicle. However, Oelert teaches a passenger transportation vehicle (Fig. 1—100).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Clouser by mounting it within the passenger transport vehicle taught by Oelert, in order to provide a mounting environment enabling secure, adjustable positioning of the device within a vehicle. Such a modification would not produce any unexpected results. Moreover, doing so would enable the holder and device assembly to be conveniently used by passengers or an operator within the vehicle.
Regarding claim 19, Clouser fails to disclose the passenger transportation vehicle according to claim 18, wherein the device is a validator. However, Oelert teaches the passenger transportation vehicle (Fig. 1—100) according to claim 18, wherein the device is a validator (Fig. 1—118).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Clouser, as modified by Oelert, so that the device is a validator, as taught by Oelert, in order to enable the device to verify passenger fare payment or ticket validity, consistent with the passenger transportation vehicle environment. Such a modification would not produce any unexpected results. Moreover, doing so would allow the assembly to serve the recognized need for fare/ticket verification within the vehicle, as taught by Oelert.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 20200232489 A1, US 8371544 B2, US 12565985 B2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASA F SOLOMON whose telephone number is +1 571-272-8379. The examiner can normally be reached Monday-Friday: 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at +1 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASA FRANKLIN SOLOMON/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
Prosecution Insights