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 .
Specification
The abstract of the disclosure is objected to because the use of legal phraseology such as “comprising.” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the clamping walls of the (first) and second holders" in line 1 There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites “wherein the further surface is connected to a plurality of the edge surfaces,” which renders the claim indefinite and unclear to what plurality of the edge surfaces the further surface is connected.
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, 3-6, and, 8-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brammall et al. (U.S. 4,681,355, as cited by Applicant).
As for Claim 1, Brammall discloses a clamping device comprising:
a body (16) defining opposite apertures (aperture 25 and aperture opposite of 25) to allow an elongate article (12) to extend through the body, the body defining a space (space defined by walls 18 and 20) between the apertures; a clamping member (52) for clamping the elongate article; and an insert arrangement (arrangement of portion 36) received in the space; the insert arrangement comprising a holder (body of 36), the holder and the body defining a passage (passage along 36 and opening 25) along which the elongate article can extend; wherein the holder includes a clamping wall (interior wall 44), the clamping member clamping the elongate article and the clamping member between the clamping wall and another clamping wall (outside wall of 40) of the clamping device in use (see Fig. 3).
3. The clamping device of claim 1, wherein the insert arrangement has an outer wall (36 and 44), and wherein the outer wall comprises the clamping wall (see Fig. 1).
4. The clamping device of claim 1, wherein the clamping wall constitutes a first clamping wall (interior wall of 44), and wherein the another clamping wall constitutes a second clamping wall (exterior wall of 40) , and wherein a convergence of the first and second clamping walls allows the clamping member and the elongate article to be clamped between the first and second clamping wall (see Fig. 3).
5. The clamping device of claim 4, comprising a cover member (cover of 36 defined by top and side surfaces) to provide a cover across the space defined by the body (see Figs. 1-3).
6. The clamping device of claim 1, wherein the passage has an entrance end (end of 18) through which the elongate article enters the passage when the elongate article is introduced into the passage, wherein the passage has an exit end (end at 20 through which the elongate article exits the passage after the elongate article has been introduced into the passage, wherein the holder defines opposite openings (front and rear openings of 28) for the passage through which the elongate article can extend, wherein one of the opposite openings is an entrance opening at the entrance end of the passage, and wherein the other of the opposite openings is an exit opening at the exit end of the passage (see Figs. 1-3).
8. The clamping device of claim 1, wherein the holder is a first holder (housing portion of 36), wherein the insert arrangement comprises a second one of the holder (housing portion of 38), wherein the clamping device comprises two of the clamping members (52 and 54), and wherein a respective one of the clamping members is provided for each of the first and second holders (see Fig. 3).
9. The clamping device of claim 8, wherein the second holder and the body define a second passage along which a pass of the elongate article can extend (see Fig. 3 disclosing passage where elongate article 12 extends through); wherein the second holder includes a clamping wall (exterior wall of 40), the clamping member for the second holder clamping the pass of the elongate article and the clamping member between clamping walls including the clamping wall of the second holder in use (see Fig. 3), wherein the second passage has an entrance end (end at 26) through which the pass of the elongate article enters the second passage when the pass of the elongate article is introduced into the passage (see Fig. 1), wherein the second passage has an exit end (exit end opposite of 26) through which the pass of the elongate article exits the passage after the pass of the elongate article has been introduced into the second passage (see Fig. 1), wherein the second holder defines opposite openings for the second passage through which the pass of the elongate article can extend (see Fig. 1), wherein one of the opposite openings for the second passage is an entrance opening at the entrance end of the second passage (see Fig. 1), and wherein the other of the opposite openings for the second passage is an exit opening at the exit end of the second passage (see Fig. 1).
10. The clamping device of claim 8, wherein the insert arrangement comprises a connecting portion (34) to connect the first and second holders to each other (see Fig. 1).
11. The clamping device of claim 10, wherein the connecting portion of the insert arrangement comprises a web of material (center portion of 34) extending between the holders and separating the holders from each other (Fig. 1) .
12. The clamping device of claim 8, wherein the clamping walls of the first and second holder are parallel to each other (see Fig. 1).
13. The clamping device of claim 1, wherein the space defined by the body is a compartment in the body (see Fig. 1 defining the space between 18 and 20), wherein the compartment comprises edge surfaces (18 and 20) surrounding four respective sides of the insert arrangement (18 and 20 surrounds a front and rear side edges 30 and 32 of each portion 36 and 38).
14. The clamping device of claim 13, wherein the compartment comprises four of the edge surfaces (surfaces 16, 18, 20, and 22), each of the four edge surfaces being against a respective one of the four sides of the insert arrangement (see Fig. 2).
15. The clamping device of claim 13, wherein the compartment comprises a further surface (bottom plate of 16 comprises a top surface of 16) against a fifth side of the insert arrangement (bottom side of 18, which is the open end of 28).
16. The clamping device of claim 15, wherein the further surface is connected to a plurality of the edge surfaces (see Fig. 1 disclosing the bottom plate of 16 connected to flanges 18 and 20).
17. The clamping device of claim 15, wherein a sixth side (top surfaces of 34, 36, and 38) of the insert arrangement is exposed at an exterior of the clamping device.
18. The clamping device of claim 1, wherein the clamping device comprises a securing member (flanges 18 or 20) to secure the insert arrangement in the body (see Col. 2 lines 12-16).
19. The clamping device of claim 18, wherein the securing member comprises at least one of: a rib (18 or 20); or a crush rib.
20. The clamping device of claim 18, comprising a plurality of the securing members (18 and 20).
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) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Brammall et al. (U.S. 4,681,355, as cited by Applicant) in view of Moss et al. (U.S. 10,935,103).
Brammall discloses a clamping member (52) comprises a clamping surface (exterior surface of 52), but fails to disclose wherein the clamping surface is serrated.
Moss teaches a clamping surface that is serrated (toothed wheel 24) to provide a gripping element for the elongate wire.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, to modify the clamping member of Brammall as taught by Moss, to provide an enhance gripping element to clamping member to ensure the engagement of the clamping member to elongate article and prevent unintentional disengagement.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Brammall et al. (U.S. 4,681,355, as cited by Applicant).
Brammall discloses the claimed invention except for wherein the body is formed of a plastics material. It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to use plastic material to form body, 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. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
De Lima Castro U.S. 7,243,963
Cai et al. (U.S. 2006/0196016)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677