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 .
Election/Restrictions
Claims 4, 10, 13, 14 and 24-26 remain in the application as withdrawn. However, after amendments they appear would be in condition for rejoinder.
Claim Objections
Claim 2 is objected to because of the following informalities: claim 5 is not a proper multiple claim since it depends from another multiple dependent claim. In claim 2, “thee” is a typo. 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 17-19, 21 and 23 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. In claim 17, lines 1-2 as amended, it is unclear how the sheet metal part differentiates from the workpiece. As understood the sheet metal part is a part of the workpiece.
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.
Claims 1-2, 5-9, 11-12, 15-17 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Humpert (US 2006/0159545). Humpert discloses a fastening unit (11) for fastening to a workpiece (10) comprising: a rivet element (14) and a separate reshaping element (12) coupled coaxially to the rivet element in a free state by a means of a reshaping section which has a coupling section (18) plugged into a recess (48) of a rivet section (42). The rivet element is ring shaped (Fig. 3). The reshaping element has a reshaping section with a curved surface (22) diverging outward and a support section (58) remote from the reshaping section for axially supporting the fastening unit at a workpiece abutment. The support section is supporting the reshaping element on the abutment such that an axial movement of the rivet element relative to the reshaping element the rivet section is reshaped radially outward by the reshaping section to fasten the fastening unit to the workpiece (Fig. 7). The outer contour of the reshaping element does not project beyond the rivet section (Fig. 4); the self-punching is recitation of intended use; the support section includes an elevated portion (36); the reshaping element includes a functional section in the form of an external thread (16); and the reshaping section includes axial ribs (24) to provide security against rotation. Humpert additionally discloses the fastening unit in combination with a sheet metal part (Fig. 18) with a prefabricated opening (110) where a reshaped section of the rivet section engages a backside of the workpiece.
Claims 1-2, 5, 7-6, 9, 11-12, 17-19, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rodgers (US 3,078,002). In considering the embodiment shown in Figs. 8-9, Rogers discloses component assembly comprising: a hollow workpiece (6) including a sheet metal part (3; paragraph bridging columns 1 and 2) and an abutment formed on the workpiece (5); and a fastening unit (1) for fastening to a workpiece. The fastening unit comprising: a rivet element (60) and a separate reshaping element (67) coupled coaxially to the rivet element. The rivet element is ring shaped with a rivet section (64). The reshaping element has a reshaping surface (68) diverging radially outward, and a support surface (71) remote from the reshaping surface axially supporting the fastening unit at the abutment and the rivet is reshaped to have a portion engage behind the workpiece (Fig. 9). The support surface includes a projection (70); and the reshaping section includes a coupling section plugged into a recess of the rivet reshaping section as pointed to below.
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Conclusion
The additional prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Engstrom (US 3,089,377), Gold (US 3,477,335), Schulte (US 2,120,577), Ziaylek (US 4,143,579) and Cushman (US 3,465,637) are all cited to teach other examples of rivet elements coupled to reshaping elements.
Applicant remarks have been considered but are moot in light of the new grounds of rejection.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675