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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 1, 2025 has been entered.
Response to Amendment
Claims 9, 24, 53, 57, 67, and 72-73 have been amended. Therefore, claims 9, 24, 53-69, and 71-76 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection and 112(b) rejection previously set forth in the Final Office Action mailed September 2, 2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claim recitations of "without a step change in diameter" in claims 24 and 53, line 6 and claim 57, line 8, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 9 and 63-64 are objected to because of the following informalities:
In claim 9, line 16, “non-bearing wall section” should read “non-load bearing wall section”
In claim 63 and 64, lines 2-3, “a wall section” should read “the wall section”
Appropriate correction is required.
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 9 and 54-56 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.
Regarding claim 9, lines 4-5, claim recitations of “a wall of the fastener sleeve defining a curved interior contour that extends from the proximal end to the distal end with a curved interior contour” is unclear and renders the claim indefinite. Specifically, it is unclear whether the second instance of “a curved interior contour” is the same or different as the first instance of “a curved interior contour”. For the purpose of examination, claim 9 will be examined as “a wall of the fastener sleeve defining a curved interior contour that extends from the proximal end to the distal end with the curved interior contour”.
Claims 54-56 are rejected as being dependent on, and failing to cure the deficiencies of, rejected independent claim 9.
Claim Rejections - 35 USC § 103
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 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) 9, 24, 54-56, and 74-76 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper (GB1564221A), hereinafter "Cooper", in view of Fischer (WO2012059199A1), hereinafter "Fischer".
Regarding claim 9, Cooper teaches a fastener sleeve (Fig 1, plug 10) comprising a sleeve length (see Fig 1, Pg 1, lines 50-53, Cooper indicates 32mm long) from a proximal end (see Fig 1, Pg 1, lines 54-58, Examiner notes an end of head portion 12 at flange 11 as a proximal end) to a distal end (see Fig 1, Pg 1, lines 59-63, Examiner notes an end of major portion 13 remote from flange 11 as a distal end) having a distal surface perpendicular to a longitudinal axis (see Figs 1 and 5, Examiner notes end surfaces of legs 14 remote from flange 11 as having a distal surface perpendicular to a longitudinal axis) of the fastener sleeve (10) wherein the fastener sleeve (10) defines a bore (Fig 2, Pg 1, lines 64-72, aperture 16) [for removably receiving a fastener (capable of removably receiving, i.e. this is a functional recitation; Pg 1, lines 50-53, Cooper indicates designed for use with screw sizes 4 to 12) therethrough] with a wall (see Fig 2, Pg 1, lines 64-72, Examiner notes a wall of aperture 16 as a wall) of the fastener sleeve (10) defining a curved interior contour (see Figs 2-3), and a curved exterior contour (see Fig 1) wherein an exterior sleeve diameter tapers (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper) along the sleeve length (see Fig 1) from the proximal end (see Fig 1) to the distal end (see Fig 1) and further wherein the fastener sleeve (10) has a proximal flange (Fig 1, flange 11) with a recessed proximal face (see Fig 1, Examiner notes a face of stage 16a as a recessed proximal face) and a distal facing surface (see Fig 1, Examiner notes a surface of stage 16c as a distal facing surface) that is free (see Fig 1) of fins, ribs, bosses, or other projections (see Fig 1) with one or more distal slits (Fig 1, slots 15) separating (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) wherein the one or more distal slits (15) define an interior slit boundary (see Fig 1, Examiner notes an interior boundary of an upper left leg 14 separated from adjacent legs 14 by slots 15 as define an interior slit boundary) including two side surfaces (see Fig 1, Examiner notes two adjacent faces of the upper left leg 14 as including two side surfaces) and a curved exterior surface (see Fig 1, Examiner notes an exterior surface of the upper left leg 14 as a curved exterior surface) from a first slit side surface (see Fig 1, Examiner notes a lower face of the two adjacent faces of the upper left leg 14 as from a first slit side surface) to a second slit side surface (see Fig 1, Examiner notes an upper face of the two adjacent faces of the upper left leg 14 as a second slit side surface) between the two side surfaces (see Fig 1) and continuously separate (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) along a slit length (see Fig 1, Pg 1, lines 59-63, Examiner notes 23mm major portion 13 as a slit length) from the distal end (see Fig 1) of the fastener sleeve (10) toward the proximal flange (11) with the slit length (see Fig 1) of from 25% to 75% (see Fig 1, Pg 1, lines 59-63, Cooper indicates substantially 70%) of the sleeve length (see Fig 1) [wherein the fastener sleeve (10) and received fastener (Pg 1, lines 50-53) together are operable to permit (capable of permitting, i.e. this is a functional recitation) relative movement between a frame structure without impinging on and loading a non-bearing wall section].
Cooper fails to teach a curved interior contour that extends from the proximal end to the distal end with a curved interior contour.
However, Fischer teaches it is known to provide a curved interior contour (see Figs 3-4, channel 4 with groove 18) that extends (see Figs 3-4) from the proximal end (see Fig 3, Examiner notes an end of anchor 1 adjacent flange 15 as the proximal end) to the distal end (see Fig 3, Examiner notes an end of anchor 1 remote from flange 15 as the distal end) with a curved interior contour (see Figs 3-4).
Therefore, as evidenced by Fischer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped curved interior contour that extends from the proximal end to the distal end with a curved interior contour, i.e. groove 18, as taught by Fischer to Cooper. The rationale for supporting this conclusion of obviousness is to facilitate improving longitudinal guidance of the expansion screw (Fischer, Pg 10, lines 4-11).
Claim language set in brackets set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a fastener sleeve, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the combination of the wall plug and the expansion anchor disclosed by Cooper and Fischer, respectively, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 24, Cooper teaches a fastener assembly (see Fig 1, Pg 1, lines 9-11, Examiner notes plugs for use in securing a screw in a bore in a wall or the like as a fastener assembly) comprising:
a fastener (Pg 1, lines 50-53, Cooper indicates designed for use with screw sizes 4 to 12); and
a fastener sleeve (Fig 1, plug 10) with a sleeve length (see Fig 1, Pg 1, lines 50-53, Cooper indicates 32mm long) from a proximal end (see Fig 1, Pg 1, lines 54-58, Examiner notes an end of head portion 12 at flange 11 as a proximal end) to a distal end (see Fig 1, Pg 1, lines 59-63, Examiner notes an end of major portion 13 remote from flange 11 as a distal end) wherein the fastener sleeve (10) defines a bore (Fig 2, Pg 1, lines 64-72, aperture 16) for removably receiving the fastener (Pg 1, lines 50-53) therethrough with a wall (see Fig 2, Pg 1, lines 64-72, Examiner notes a wall of aperture 16 as a wall) of the fastener sleeve (10) defining a curved interior contour (see Figs 2-3) that extends (see Fig 2) without a step change in diameter or thread transitions (see Figs 1-2, Examiner notes aperture 16 as extends without thread transitions) and a curved exterior contour (see Fig 1) wherein a sleeve diameter tapers (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper) along the sleeve length (see Fig 1) from the proximal end (see Fig 1) to the distal end (see Fig 1) and further wherein the fastener sleeve (10) has a proximal flange (Fig 1, flange 11) and one or more distal slits (Fig 1, slots 15) separating (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) wherein the one or more distal slits (15) define an interior slit boundary (see Fig 1, Examiner notes an interior boundary between opposing faces of adjacent legs 14 forming slots 15 as define an interior slit boundary) comprising two side surfaces (see Fig 1, Examiner notes the opposing faces of adjacent legs 14 forming slots 15 as comprising two side surfaces) and a proximally curved surface (see Fig 1, Pg 1, lines 54-58, Examiner notes a cylindrical surface of slots 15 adjacent fins 18, i.e. the cylindrical surface extending partially circumferentially around a longitudinal axis, extending between the opposing faces of adjacent legs 14 as a proximally curved surface) at a proximal slit end (see Fig 1, Examiner notes an end of slots 15 adjacent fins 18 as at a proximal slit end) between the two side surfaces (see Fig 1) and continuously separate (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) along a slit length (see Fig 1, Pg 1, lines 59-63, Examiner notes 23mm major portion 13 as a slit length) from a distal surface (see Figs 1 and 5, Examiner notes end surfaces of legs 14 remote from flange 11 as a distal surface) of the fastener sleeve (10) that is perpendicular to a longitudinal axis (see Figs 1 and 5, Examiner notes end surfaces of legs 14 remote from flange 11 as perpendicular to a longitudinal axis) of the fastener sleeve (10) toward the proximal flange (11) with the slit length (see Fig 1) of from 25% to 75% (see Fig 1, Pg 1, lines 59-63, Cooper indicates substantially 70%) of the sleeve length (see Fig 1) such that the one or more distal slits (15) [enable (capable of enabling, i.e. this is a functional recitation) controlled radial flexure (Pg 2, lines 19-37) of the fastener sleeve (10) upon installation (Pg 2, lines 19-37) of the fastener (Pg 1, lines 50-53) and fastener sleeve (10) into a non-load bearing surface to permit relative movement between a wall section and a frame structure].
Cooper fails to teach a curved interior contour that extends from the proximal end to the distal end.
However, Fischer teaches it is known to provide a curved interior contour (see Figs 3-4, channel 4 with groove 18) that extends (see Figs 3-4) from the proximal end (see Fig 3, Examiner notes an end of anchor 1 adjacent flange 15 as the proximal end) to the distal end (see Fig 3, Examiner notes an end of anchor 1 remote from flange 15 as the distal end).
Therefore, as evidenced by Fischer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped curved interior contour that extends from the proximal end to the distal end, i.e. groove 18, as taught by Fischer to Cooper. The rationale for supporting this conclusion of obviousness is to facilitate improving longitudinal guidance of the expansion screw (Fischer, Pg 10, lines 4-11).
Regarding claims 54 and 74, modified Cooper teaches the [claim 54: fastener sleeve (10) of claim 9; claim 74: fastener assembly (see Fig 1) of claim 24] and further teaches wherein the fastener sleeve (10) has at least one of a tapered interior diameter (see Fig 2, Pg 1, lines 64-72, Cooper indicates aperture 16 tapers in three stages) and a tapered exterior diameter (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper).
Regarding claims 55 and 75, modified Cooper teaches the [claim 55: fastener sleeve (10) of claim 9; claim 75: fastener assembly (see Fig 1) of claim 24] and further teaches wherein the distal end (see Fig 1) of the fastener sleeve (10) is operable to flex radially outward (see Fig 1, Pg 2, lines 19-37, Cooper indicates free end of each leg to be displaced radially outwards).
Regarding claims 56 and 76, modified Cooper teaches the [claim 56: fastener sleeve (10) of claim 9; claim 76: fastener assembly (see Fig 1) of claim 24] and further teaches wherein the proximal flange (11) has a recess (Fig 2, stage 16a) on a proximal surface (see Fig 2, Examiner notes a surface of stage 16a as a proximal surface) operable to receive (capable of receiving, i.e. this is a functional recitation) a fastener head (Pg 1, lines 73-77, Examiner notes stage 16a is greater in overall diameter than the screws used as having a fastener head).
Claim(s) 53, 67-69, and 71 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper, in view of Fischer, Peters (US20080184854A1), hereinafter "Peters", and Young (US20060150787A1), hereinafter "Young".
Regarding claim 53, Cooper teaches a kit (see Fig 1, Pg 1, lines 9-11, Examiner notes plugs for use in securing a screw in a bore in a wall or the like as a kit) comprising:
a fastener (Pg 1, lines 50-53, Cooper indicates designed for use with screw sizes 4 to 12);
a fastener sleeve (Fig 1, plug 10) with a sleeve length (see Fig 1, Pg 1, lines 50-53, Cooper indicates 32mm long) from a proximal end (see Fig 1, Pg 1, lines 54-58, Examiner notes an end of head portion 12 at flange 11 as a proximal end) to a distal end (see Fig 1, Pg 1, lines 59-63, Examiner notes an end of major portion 13 remote from flange 11 as a distal end) wherein the fastener sleeve (10) defines a bore (Fig 2, Pg 1, lines 64-72, aperture 16) for removably receiving the fastener (Pg 1, lines 50-53) therethrough with a wall (see Fig 2, Pg 1, lines 64-72, Examiner notes a wall of aperture 16 as a wall) of the fastener sleeve (10) defining a curved interior surface (see Figs 2-3) that extends (see Fig 2) without a step change in diameter or thread transitions (see Figs 1-2, Examiner notes aperture 16 as extends without thread transitions) and a curved exterior surface (see Fig 1) wherein a sleeve diameter tapers (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper) along the sleeve length (see Fig 1) from the proximal end (see Fig 1) to the distal end (see Fig 1) and further wherein the fastener sleeve (10) has a proximal flange (Fig 1, flange 11), the distal end (see Fig 1) having a distal surface perpendicular to a longitudinal axis (see Figs 1 and 5, Examiner notes end surfaces of legs 14 remote from flange 11 as having a distal surface perpendicular to a longitudinal axis) of the fastener sleeve (10) and one or more distal slits (Fig 1, slots 15) separating (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) wherein the one or more distal slits (15) define an interior slit boundary (see Fig 1, Examiner notes an interior boundary between opposing faces of adjacent legs 14 forming slots 15 as define an interior slit boundary) comprising two side surfaces (see Fig 1, Examiner notes opposing faces of adjacent legs 14 forming slots 15 as have two side surfaces) and a proximally curved surface (see Fig 1, Pg 1, lines 54-58, Examiner notes a cylindrical surface of slots 15 adjacent fins 18, i.e. the cylindrical surface extending partially circumferentially around a longitudinal axis, extending between the opposing faces of adjacent legs 14 as a proximally curved surface) at a proximal slit end (see Fig 1, Examiner notes an end of slots 15 adjacent fins 18 as at a proximal slit end) between the two side surfaces (see Fig 1) and continuously separate (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) along a slit length (see Fig 1, Pg 1, lines 59-63, Examiner notes 23mm major portion 13 as a slit length) from a flat distal end (see Figs 1 and 5, Examiner notes ends of legs 14 remote from flange 11 as a flat distal end) of the fastener sleeve (10) toward the proximal flange (11) with the slit length (see Fig 1) of from 25% to 75% (see Fig 1, Pg 1, lines 59-63, Cooper indicates substantially 70%) of the sleeve length (see Fig 1) such that the one or more distal slits (15) [enable (capable of enabling, i.e. this is a functional recitation) controlled radial flexure (Pg 2, lines 19-37) of the fastener sleeve (10) upon installation (Pg 2, lines 19-37) of the fastener (Pg 1, lines 50-53) and fastener sleeve (10) into a non-load bearing surface to permit relative movement between a wall section and a frame structure].
Cooper fails to teach a curved interior surface that extends from the proximal end to the distal end; a bit having an e-clip; and an installation guide operable to securely receive the bit through a central aperture wherein the installation guide has a first configuration for an offset installation and a second configuration for a flush installation.
However, Fischer teaches it is known to provide a curved interior surface (see Figs 3-4, channel 4 with groove 18) that extends (see Figs 3-4) from the proximal end (see Fig 3, Examiner notes an end of anchor 1 adjacent flange 15 as the proximal end) to the distal end (see Fig 3, Examiner notes an end of anchor 1 remote from flange 15 as the distal end).
Therefore, as evidenced by Fischer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped curved interior surface that extends from the proximal end to the distal end, i.e. groove 18, as taught by Fischer to Cooper. The rationale for supporting this conclusion of obviousness is to facilitate improving longitudinal guidance of the expansion screw (Fischer, Pg 10, lines 4-11).
Cooper, in view of Fischer fails to teach a bit having an e-clip; and an installation guide operable to securely receive the bit through a central aperture wherein the installation guide has a first configuration for an offset installation and a second configuration for a flush installation.
However, Peters teaches it is known to provide a bit (Fig 3, socket 22) having a clip (Fig 3, C-clip 76); and an installation guide (Fig 3, sleeve 62) operable to securely receive (see Fig 3, Paragraphs 0019-0022, Examiner notes outer sleeve 62 extends over socket 22 and may be rotatably mounted on socket 22 as securely receive) the bit (22) through a central aperture (Fig 3, radially inner portion 68) wherein the installation guide (62) has a first configuration (see Fig 3, Paragraph 0021, Examiner notes the arrangement of sleeve 62 may be used to limit the insertion depth of a fastener based on the relation between radially outwardly extending portion 80, bit end 60, and a fastener head as a first configuration) for an offset installation (see Fig 3, Paragraph 0021, Examiner notes limit the insertion depth of a fastener head as an offset installation) and a second configuration (see Fig 3, Paragraph 0021, Examiner notes the arrangement of sleeve 62 may be used to limit the insertion depth of a fastener based on the relation between radially outwardly extending portion 80, bit end 60, and a fastener head as a second configuration) for a flush installation (see Fig 3, Paragraph 0021, Examiner notes limit the insertion depth of a fastener head as a flush installation).
Therefore, as evidenced by Peters, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a bit having a clip and an installation guide operable to securely receive the bit through a central aperture wherein the installation guide has a first configuration for an offset installation and a second configuration for a flush installation as taught by Peters to modified Cooper. The rationale for supporting this conclusion of obviousness is to provide a tool to drive a fastener to a desirable depth.
Cooper, in view of Fischer and Peters fails to teach a bit having an e-clip.
However, Young teaches it is known to provide a bit (see Fig 6, Examiner notes reference character 10 as a bit) having an e-clip (see Fig 6, Examiner notes reference characters 17 and 18 as having an e-clip).
Therefore, as evidenced by Young, 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 clip of modified Cooper with an e-clip as taught by Young. The rationale for supporting this conclusion of obviousness is to provide a clip with increased retention by providing a larger retaining area.
Regarding claim 67, Cooper teaches a system (see Fig 1, Pg 1, lines 9-11, Examiner notes plugs for use in securing a screw in a bore in a wall or the like as a system) comprising:
a fastener (Pg 1, lines 50-53, Cooper indicates designed for use with screw sizes 4 to 12);
a fastener sleeve (Fig 1, plug 10) wherein the fastener sleeve (10) comprises a sleeve length (see Fig 1, Pg 1, lines 50-53, Cooper indicates 32mm long) from a proximal end (see Fig 1, Pg 1, lines 54-58, Examiner notes an end of head portion 12 at flange 11 as a proximal end) to a distal end (see Fig 1, Pg 1, lines 59-63, Examiner notes an end of major portion 13 remote from flange 11 as a distal end) having a distal surface perpendicular to a longitudinal axis (see Figs 1 and 5, Examiner notes end surfaces of legs 14 remote from flange 11 as having a distal surface perpendicular to a longitudinal axis) of the fastener sleeve (10) wherein the fastener sleeve (10) defines a bore (Fig 2, Pg 1, lines 64-72, aperture 16) for removably receiving the fastener (Pg 1, lines 50-53) therethrough with a wall (see Fig 2, Pg 1, lines 64-72, Examiner notes a wall of aperture 16 as a wall) of the fastener sleeve (10) defining a curved interior surface (see Figs 2-3) that extends (see Fig 2) without a step change in diameter or thread transitions (see Figs 1-2, Examiner notes aperture 16 as extends without thread transitions) and a curved exterior surface (see Fig 1) wherein a sleeve diameter tapers (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper) along the sleeve length (see Fig 1) from the proximal end (see Fig 1) to the distal end (see Fig 1) and further wherein the fastener sleeve (10) has a proximal flange (Fig 1, flange 11) and one or more distal slits (Fig 1, slots 15) separating (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) wherein the one or more distal slits (15) define an interior slit boundary (see Fig 1, Examiner notes an interior boundary between opposing faces of adjacent legs 14 forming slots 15 as define an interior slit boundary) comprising two side surfaces (see Fig 1, Examiner notes opposing faces of adjacent legs 14 forming slots 15 as have two side surfaces) and a proximally curved surface (see Fig 1, Pg 1, lines 54-58, Examiner notes a cylindrical surface of slots 15 adjacent fins 18, i.e. the cylindrical surface extending partially circumferentially around a longitudinal axis, extending between the opposing faces of adjacent legs 14 as a proximally curved surface) at a proximal slit end (see Fig 1, Examiner notes an end of slots 15 adjacent fins 18 as at a proximal slit end) between the two side surfaces (see Fig 1) and continuously separate (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) along a slit length (see Fig 1, Pg 1, lines 59-63, Examiner notes 23mm major portion 13 as a slit length) from the distal end (see Fig 1) of the fastener sleeve (10) toward the proximal flange (11) with the slit length (see Fig 1) of from 25% to 75% (see Fig 1, Pg 1, lines 59-63, Cooper indicates substantially 70%) of the sleeve length (see Fig 1) such that the one or more distal slits (15) are [operable to enable (capable of enabling, i.e. this is a functional recitation) controlled radial flexure (Pg 2, lines 19-37) of the fastener sleeve (10) upon installation (Pg 2, lines 19-37) of the fastener (Pg 1, lines 50-53) and fastener sleeve (10) into a non-load bearing surface].
Cooper fails to teach a curved interior surface that extends from the proximal end to the distal end; a bit having an e-clip; and an installation guide operable to securely receive the bit through a central aperture wherein the installation guide has a first configuration for an offset installation and a second configuration for a flush installation.
However, Fischer teaches it is known to provide a curved interior surface (see Figs 3-4, channel 4 with groove 18) that extends (see Figs 3-4) from the proximal end (see Fig 3, Examiner notes an end of anchor 1 adjacent flange 15 as the proximal end) to the distal end (see Fig 3, Examiner notes an end of anchor 1 remote from flange 15 as the distal end).
Therefore, as evidenced by Fischer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped curved interior surface that extends from the proximal end to the distal end, i.e. groove 18, as taught by Fischer to Cooper. The rationale for supporting this conclusion of obviousness is to facilitate improving longitudinal guidance of the expansion screw (Fischer, Pg 10, lines 4-11).
Cooper, in view of Fischer fails to teach a bit having an e-clip; and an installation guide operable to securely receive the bit through a central aperture wherein the installation guide has a first configuration for an offset installation and a second configuration for a flush installation.
However, Peters teaches it is known to provide a bit (Fig 3, socket 22) having a clip (Fig 3, C-clip 76); and an installation guide (Fig 3, sleeve 62) operable to securely receive (see Fig 3, Paragraphs 0019-0022, Examiner notes outer sleeve 62 extends over socket 22 and may be rotatably mounted on socket 22 as securely receive) the bit (22) through a central aperture (Fig 3, radially inner portion 68) wherein the installation guide (62) has a first configuration (see Fig 3, Paragraph 0021, Examiner notes the arrangement of sleeve 62 may be used to limit the insertion depth of a fastener based on the relation between radially outwardly extending portion 80, bit end 60, and a fastener head as a first configuration) for an offset installation (see Fig 3, Paragraph 0021, Examiner notes limit the insertion depth of a fastener head as an offset installation) and a second configuration (see Fig 3, Paragraph 0021, Examiner notes the arrangement of sleeve 62 may be used to limit the insertion depth of a fastener based on the relation between radially outwardly extending portion 80, bit end 60, and a fastener head as a second configuration) for a flush installation (see Fig 3, Paragraph 0021, Examiner notes limit the insertion depth of a fastener head as a flush installation).
Therefore, as evidenced by Peters, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a bit having a clip and an installation guide operable to securely receive the bit through a central aperture wherein the installation guide has a first configuration for an offset installation and a second configuration for a flush installation as taught by Peters to modified Cooper. The rationale for supporting this conclusion of obviousness is to provide a tool to drive a fastener to a desirable depth.
Cooper, in view of Fischer and Peters fails to teach a bit having an e-clip.
However, Young teaches it is known to provide a bit (see Fig 6, Examiner notes reference character 10 as a bit) having an e-clip (see Fig 6, Examiner notes reference characters 17 and 18 as having an e-clip).
Therefore, as evidenced by Young, 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 clip of modified Cooper with an e-clip as taught by Young. The rationale for supporting this conclusion of obviousness is to provide a clip with increased retention by providing a larger retaining area.
Regarding claim 68, modified Cooper teaches the system (see Fig 1) of claim 67 and further teaches wherein the fastener sleeve (10) has at least one of a tapered interior diameter (see Fig 2, Pg 1, lines 64-72, Cooper indicates aperture 16 tapers in three stages) and a tapered exterior diameter (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper).
Regarding claim 69, modified Cooper teaches the system (see Fig 1) of claim 67 and further teaches wherein the distal end (see Fig 1) of the fastener sleeve (10) is operable to flex radially outward (see Fig 1, Pg 2, lines 19-37, Cooper indicates free end of each leg to be displaced radially outwards).
Regarding claim 71, modified Cooper teaches the system (see Fig 1) of claim 67 and further teaches wherein the proximal flange (11) has a recess (Fig 2, stage 16a) on a proximal surface (see Fig 2, Examiner notes a surface of stage 16a as a proximal surface) operable to receive (capable of receiving, i.e. this is a functional recitation) a fastener head (Pg 1, lines 73-77, Examiner notes stage 16a is greater in overall diameter than the screws used as operable to receive a fastener head).
Claim(s) 57-66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stodola et al. (US8458972B1), hereinafter "Stodola", in view of Cooper and Fischer.
Regarding claim 57, Stodola teaches an installation method (see Fig 4, Col 3, line 34 - Col 4, line 38) including steps of:
providing (Col 3, line 34 - Col 4, line 38) a fastener assembly (Figs 1-3, fastener assembly 21, Col 3, line 34 - Col 4, line 38) comprising a fastener (Figs 1-3, threaded fastener 27) having a fastener head (Figs 1-3, socket head 28) and a threaded shaft (see Figs 1-3, Col 3, line 34 - Col 4, line 38, Stodola indicates a threaded fastener), and a fastener sleeve (Figs 1-3, sleeve 22) wherein the fastener sleeve (22) comprises a sleeve length (see Figs 1-3, Col 3, line 34 - Col 4, line 38, Stodola indicates the length of the sleeve 22) from a proximal end (see Figs 1-3, Examiner notes an end of sleeve head 23 as a proximal end) to a distal end (see Figs 1-3, Examiner notes an end of sleeve 22 remote from sleeve head 23 as a distal end) having a distal surface perpendicular to a longitudinal axis (see Figs 1-3) of the fastener sleeve (22) wherein the fastener sleeve (22) defines a bore (see Figs 1-3, bore 24) for removably receiving (Col 3, line 34 - Col 4, line 38) the fastener (27) therethrough with a wall (see Figs 1-3, Examiner notes a wall of bore 24 as a wall) of the fastener sleeve (22) defining a curved interior surface (see Figs 1-3) that extends (see Figs 1-3) without a step change in diameter or thread transitions (see Figs 1-3, Examiner notes bore 24 as extends without thread transitions) and a curved exterior surface (see Figs 1-3) and further wherein the fastener sleeve (22) has a proximal flange (Figs 1-3, sleeve head 23);
extending (Col 3, line 34 - Col 4, line 38) the fastener sleeve (22) of the fastener assembly (21) through a hole (Fig 4, hole 46) in a target surface (Fig 4, header 43); and
driving (Col 3, line 34 - Col 4, line 38) the threaded shaft (see Figs 1-3) of the fastener (27) into the target surface (43) while also setting a spacing gap (Col 3, line 34 - Col 4, line 38), whereby the fastener (27) is anchored (Col 3, line 34 - Col 4, line 38) in the target surface (43), and the spacing gap (Col 3, line 34 - Col 4, line 38) accommodates a deflection (Col 3, line 34 - Col 4, line 38) of the target surface (43).
Stodola fails to teach a curved interior surface that extends from the proximal end to the distal end and wherein a sleeve diameter tapers along the sleeve length from the proximal end to the distal end and one or more distal slits separating the fastener sleeve wherein the one or more distal slits define an interior slit boundary comprising two side surfaces and a proximally curved surface at a proximal slit end between the two side surfaces and continuously separate the fastener sleeve along a slit length from the distal end of the fastener sleeve toward the proximal flange with the slit length of from 25% to 75% of the sleeve length such that the one or more distal slits are operable to enable controlled radial flexure of the fastener sleeve upon installation of the fastener and fastener sleeve into a non-load bearing surface and relative movement between a wall section and a frame structure.
However, Cooper teaches it is known to provide wherein a sleeve diameter tapers (see Fig 1, Pg 1, lines 54-58, Cooper indicates a very slight (½°) taper) along the sleeve length (see Fig 1, Pg 1, lines 50-53, Cooper indicates 32mm long) from the proximal end (see Fig 1, Pg 1, lines 54-58, Examiner notes an end of head portion 12 at flange 11 as the proximal end) to the distal end (see Fig 1, Pg 1, lines 59-63, Examiner notes an end of major portion 13 remote from flange 11 as the distal end) and one or more distal slits (Fig 1, slots 15) separating (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (Fig 1, plug 10) wherein the one or more distal slits (15) define an interior slit boundary (see Fig 1, Examiner notes an interior boundary between opposing faces of adjacent legs 14 forming slots 15 as define an interior slit boundary) comprising two side surfaces (see Fig 1, Examiner notes opposing faces of adjacent legs 14 forming slots 15 as have two side surfaces) and a proximally curved surface (see Fig 1, Pg 1, lines 54-58, Examiner notes a cylindrical surface of slots 15 adjacent fins 18, i.e. the cylindrical surface extending partially circumferentially around a longitudinal axis, extending between the opposing faces of adjacent legs 14 as a proximally curved surface) at a proximal slit end (see Fig 1, Examiner notes an end of slots 15 adjacent fins 18 as at a proximal slit end) between the two side surfaces (see Fig 1) and continuously separate (see Figs 1-2, Pg 1, lines 59-63) the fastener sleeve (10) along a slit length (see Fig 1, Pg 1, lines 59-63, Examiner notes 23mm major portion 13 as a slit length) from the distal end (see Fig 1) of the fastener sleeve (10) toward the proximal flange (Fig 1, flange 11) with the slit length (see Fig 1) of from 25% to 75% (see Fig 1, Pg 1, lines 59-63, Cooper indicates substantially 70%) of the sleeve length (see Fig 1) such that the one or more distal slits (15) are operable to enable controlled radial flexure (Pg 2, lines 19-37) of the fastener sleeve (10) upon installation (Pg 2, lines 19-37) of the fastener (Pg 1, lines 50-53) and fastener sleeve (10).
Therefore, as evidenced by Cooper, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped sleeve diameter tapering along the sleeve length from the proximal end to the distal end and adequately sized and shaped one or more distal slits separating the sleeve wherein the one or more distal slits define an interior slit boundary comprising two side surfaces and a proximally curved surface at a proximal slit end between the two side surfaces and continuously separate the sleeve along a slit length from the distal end of the fastener sleeve toward the proximal flange with the slit length of from 25% to 75% of the sleeve length as taught by Cooper to Stodola. The rationale for supporting this conclusion of obviousness is to aid in providing firm anchorage of the fastener sleeve.
Stodola, in view of Cooper teaches such that the one or more distal slits (15) are operable to enable controlled radial flexure (Cooper, Pg 2, lines 19-37) of the fastener sleeve (22) upon installation (see Fig 4, Col 4, lines 7-57 and Col 6, line 57 - Col 7, line 41) of the fastener (27) and fastener sleeve (22) into a non-load bearing surface (see Fig 4, Col 4, lines 7-57 and Col 6, line 57 - Col 7, line 41) and relative movement (see Fig 4, Col 4, lines 7-57 and Col 6, line 57 - Col 7, line 41) between a wall section (see Fig 4, Col 4, lines 7-57 and Col 6, line 57 - Col 7, line 41) and a frame structure (see Fig 4, Col 4, lines 7-57 and Col 6, line 57 - Col 7, line 41) but fails to teach a curved interior surface that extends from the proximal end to the distal end.
However, Fischer teaches it is known to provide a curved interior surface (see Figs 3-4, channel 4 with groove 18) that extends (see Figs 3-4) from the proximal end (see Fig 3, Examiner notes an end of anchor 1 adjacent flange 15 as the proximal end) to the distal end (see Fig 3, Examiner notes an end of anchor 1 remote from flange 15 as the distal end).
Therefore, as evidenced by Fischer, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped curved interior surface that extends from the proximal end to the distal end, i.e. groove 18, as taught by Fischer to modified Stodola. The rationale for supporting this conclusion of obviousness is to facilitate improving longitudinal guidance of the expansion screw (Fischer, Pg 10, lines 4-11).
Regarding claim 58, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches wherein the flange (23) at the proximal end (see Figs 1-3) of the fastener sleeve (22) is larger in diameter (see Fig 4, Col 3, line 34 - Col 4, line 38) than the hole (46) in the target surface (43).
Regarding claim 59, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches including the step of providing (Col 3, line 34 - Col 4, line 38) an installation guide (Fig 4, driver bit 31) with a bit (Fig 4, driver 33) for engaging and rotating (Col 3, line 34 - Col 4, line 38) the fastener head (28), wherein the installation guide (31) has an axially aligned receptacle (Fig 4, receptacle 32) configured to releasably retain (Col 3, line 34 - Col 4, line 38) the fastener assembly (21) to provide a predetermined depth (Col 3, line 34 - Col 4, line 38) to achieve at least one of a flush installation (Col 3, line 34 - Col 4, line 38) of the fastener assembly (21) and an offset installation (Col 3, line 34 - Col 4, line 38) of the fastener assembly (21).
Regarding claim 60, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches wherein the fastener assembly (21) is installed through the hole (46) from below (Col 3, line 34 - Col 4, line 38), and the fastener (27) is threaded (Col 3, line 34 - Col 4, line 38) into a floor joist (Fig 4, joist 41) or a roof truss (Stodola, see claim 4).
Regarding claim 61, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches wherein the fastener (27) has a fastener length (see Figs 1-3, Col 3, line 34 - Col 4, line 38) greater (see Figs 1-3, Col 3, line 34 - Col 4, line 38) than the sleeve length (see Figs 1-3).
Regarding claim 62, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches wherein the fastener (27) can translate (Stodola, see claim 6) within the fastener sleeve (22) to accommodate a vertical deflection (Stodola, see claim 6).
Regarding claim 63, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches wherein the fastener sleeve (22) can translate (Stodola, see claim 7) within the hole (46) to accommodate deflection (Stodola, see claim 7) without loading a wall section (Stodola, see claim 7).
Regarding claim 64, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches including the step of providing (Col 6, line 57 - Col 7, line 41) a mounting clip (Fig 13, mounting clip 81) for a ceiling panel (Fig 13, ceiling panel 91) installed adjacent to a wall section (Col 6, line 57 - Col 7, line 41), wherein the mounting clip (81) is secured to an edge portion (Col 6, line 57 - Col 7, line 41) of the ceiling panel (91) and spaced about a perimeter (Col 6, line 57 - Col 7, line 41) of the ceiling panel (91).
Regarding claim 65, modified Stodola teaches the installation method (see Fig 4) of claim 64 and further teaches including the step of securing (Col 6, line 57 - Col 7, line 41) the mounting clip (81) to a top header of the wall section (Col 6, line 57 - Col 7, line 41) wherein the mounting clip (81) is being free of attachment to a floor joist (Fig 13, joist 41) or a roof truss (Stodola, see claim 9).
Regarding claim 66, modified Stodola teaches the installation method (see Fig 4) of claim 57 and further teaches including the step of forming the hole (46) through (see Fig 4) the target surface (43).
Claim(s) 72 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper, in view of Fischer, Peters, Young, and Mirsberger et al. (EP0187617B1), hereinafter "Mirsberger".
Regarding claim 72, modified Cooper teaches the system (see Fig 1) of claim 67 but fails to teach wherein the fastener sleeve further comprises a proximal sleeve body recess between a proximal end of one or more ribs positioned on the curved exterior surface of the fastener sleeve and a lower surface of the proximal flange.
Mirsberger teaches wherein the fastener sleeve (Fig 1b, dowel 1) further comprises a proximal sleeve body recess (Fig 1b, sleeve-shaped section 12) between a proximal end (see Fig 1b) of one or more ribs (Fig 1b, web-like support 10) positioned (see Fig 1b) on the curved exterior surface (see Figs 1b-2) of the fastener sleeve (1) and a lower surface (see Fig 1b) of the proximal flange (Fig 1b, head-like abutment 11).
Therefore, as evidenced by Mirsberger, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped proximal sleeve body recess between a proximal end of one or more ribs positioned on the outer curved exterior surface of the fastener sleeve and a lower surface of the proximal flange as taught by Mirsberger to modified Cooper. The rationale for supporting this conclusion of obviousness is to facilitate attaching additional materials to the fastener sleeve.
Claim(s) 73 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cooper, in view of Fischer, Peters, Young, and Murtha (US20070122253A1), hereinafter "Murtha".
Regarding claim 73, modified Cooper teaches the system (see Fig 1) of claim 67 and further teaches wherein the installation guide (62) has a distal cavity (Peters, Fig 3, extending portion 80, Paragraphs 0021-0022) but fails to teach a plurality of external ribs on an outer curved surface of the installation guide.
Murtha teaches wherein the installation guide (Fig 23, grooved spacer 100) has a plurality of external ribs (Fig 23, grooves 102, Paragraphs 0102-0103) on an outer curved surface (see Figs 23-25) of the installation guide (100).
Therefore, as evidenced by Murtha, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine adequately sized and shaped plurality of external ribs on an outer curved surface of the installation guide as taught by Murtha to modified Cooper. The rationale for supporting this conclusion of obviousness is to provide increased strength as well as aid in user gripping of the installation guide.
Response to Arguments
Applicant's arguments filed December 1, 2025 have been fully considered but they are not persuasive. With respect to Pg 10 of Applicant’s Remarks filed December 1, 2025, Applicant argues Cooper lacks an interior contour that extends from a proximal to distal to guide the screw, does not disclose the claimed slit surface geometry framed as two side surfaces and a proximally curved surface at a proximal slit end, and does not teach or suggest a controlled radial flexure. The Examiner respectfully disagrees as set forth above.
Further, with respect to Pgs 10-11, Applicant argues if Fischer and Cooper are combined, there would be a change in principle of operation when Fischer’s teaches are combined with Cooper’s wall plug sleeve intended to flex via legs with slots and a person of ordinary skill in the art would recognize that combining an expansion-anchor principle (Cooper/Fischer) with a decoupling/translation principle would defeat the primary purpose of the cited devices and require significant redesign to achieve Applicant’s device. The Examiner respectfully disagrees and notes that Fischer in Figs 3-5 illustrates legs 10 separated by slots 9 outwardly pivoting.
Conclusion
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675