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 .
Claim Objections
In claims 10 and 28, consider --wherein the mounting fastener is one of a plurality of mounting fasteners-- instead of “the tool comprises a plurality of mounting fasteners comprising the mounting fastener”
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) 1, 23, 27, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1) and Kennedy (PT 1755891 E; prev cited 04/02/2025).
With respect to claim 1, Chen discloses: A tool for maintaining a position of a fastener assembly securing a bucket blade on construction equipment (intended use in preamble not limiting, see MPEP 2111.02), the tool comprising:
a structural member defining a hub and at least one arm extending from the hub, the structural member defining a first side and a second side (structural member 1, fig. 1, has two sides, and arms with the mounting fasteners 2, fig. 1; [0029], hub is in middle);
a holding fastener extending through a main opening of the structural member (holding fastener 7, fig. 2; [0029], extends through opening 13, fig. 5; [0029]) , the main opening defined in each of the first side and the second side and extending from the first side to the second side (as the holding fastener passes through the opening), the main opening defining threads (opening 7 is threaded as shown in fig. 5 and [0029]), the holding fastener: comprising a main portion comprising a threaded shaft (shaft 7 is partially threaded at 701, fig. 1, [0029]),
a mounting fastener secured to the arm of the structural member at a position distal from the hub and configured to hold itself in place against a mating surface of a structure (mounting fastener 2, fig. 1, as an electromagnet; [0029], can hold against a surface as in [0031]),
wherein:
the holding fastener is configured to a) contact and push against a fastener assembly extending through and angled with respect to the mating surface and b) be received within a recessed portion defined in a structure in which the fastener assembly is received (the spacer/mounting fastener above can contact an angled fastener assembly in a recessed portion of a structure, the fastener assembly being unclaimed, by pushing against it); and,
a distance between a tip of the holding fastener and the first side of the structural member is fixedly adjustable during installation of the tool to any one setting of the distance among a range of settings of the distance (by rotation of the holding fastener relative to threaded main opening); and
the distance between the tip of the holding fastener and the first side of the structural member remains fixed in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool (the threads hold it in position unless the holding fastener is rotated),
however, does not explicitly disclose a locking portion comprising a locking fastener received about the threaded shaft, the locking portion configured to abut and contact, without any other structure therebetween, the second side of the structural member and, upon tightening, securably fix a position of the holding fastener in with respect to the structural member in an either axial direction defined by the threaded shaft; the mounting fastener comprising a rare-earth magnet, the distance between the tip of the holding fastener and the first side of the structural member remains fixed, with the locking fastener tightened against the second side of the structural member, in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool and also when the tool is removed from the structure.
Vile, pertinent to the problem being solved of providing a fixed position of a threaded shaft to prevent unintentional movement ([0001]) teaches of a locking portion comprising a locking fastener received about the threaded shaft (locking fastener [nut] 10, fig. 2; [0019-0020], around threaded section 7 of a linkage bar [shaft] 4, fig. 2), the locking portion configured to abut and contact, without any other structure therebetween, the second side of the structural member (configured to abut against an analogous structural member 3, at 3b, fig. 2; [0015], linkage member 3 has an internal thread 8 as in [0018] as for being on a second side, the claim does not define the sides of a structural member in a way that is significant (i.e. structure relative to both sides in a non-interchangeable way) other than later in the claim at “a distance between a tip of the holding fastener and the first side of the structural member is fixedly adjustable during installation of the tool to any one setting of the distance among a range of settings of the distance”, and in that case the first side and second side are fixed because the structural member does not normally deform, and thus the relative distances between the first and second side remains fixed; other than that the claim is defined in a way such that the first and second sides are interchangeable, and one would put the fastener to abut at least one of the sides), upon tightening, securable fix a position of the holding fastener in with respect to the structural member in an either axial direction defined by the threaded shaft (absent user intervention, this arrangement would be secured in position as it is threaded), the distance between the tip of the holding fastener and the first side of the structural member remains fixed, with the locking fastener tightened against the second side of the structural member, in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool and also when the tool is removed from the structure (as mentioned above, absent user intervention, this arrangement would be secured in position as it is threaded, including with the treaded hole of Chen, this arrangement being also applicable when the tool is removed, as enabled by the thread; see also [0006-0007] in Vile, the locking fastener abuts the structural member [on a second side])
Vile teaches that this arrangement prevents loosening while maintaining adjustability ([0006-0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chen, with the teachings of Vile, and have provided a locking fastener, for the purpose of preventing loosening while maintaining adjustability.
Kennedy, reasonably pertinent to the problem being solved of selecting magnetic holding fasteners, and in the same field of endeavor as tools that hold in place objects, teaches that it is known to use rare earth magnets in place of electromagnets (page 4, 2nd paragraph from bottom), and that rare earth magnets are quick to place (page 3, 2nd paragraph from top).
MPEP 2143 provides that “simple substitution of one known element for another to obtain predictable results” is obvious to a person of ordinary skill in the art. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the electromagnet of Chen for the rare-earth magnet of Kennedy, which would have provided for predictable results, as a means of attachment, and the substation would have resulted in a quick to place mounting fastener.
With respect to claim 23, Chen, as modified, teaches the limitations of claim 1 above, and further teaches wherein the holding fastener comprises a knob (knob 4, fig. 1; [0029] defining a plurality of lobes or ridges (see perspective of flower shaped knob in fig. 2 and 3).
With respect to claim 27, Chen, as modified, teaches the limitations of claim 1 above, and further teaches comprising a spacer secured to the tip of the holding fastener, the spacer comprising one of a) an elastic and a compressible material and b) an inflatable gas-filled bladder, the spacer being configured to apply pressure to the fastener assembly (elastic spacer being a rubber [elastic/compressible] spacer 10, fig. 1; [0035], it is secured directly or indirectly to the tip of holding fastener 7, fig. 1, and can apply pressure to a fastener assembly).
With respect to claim 28, Chen, as modified, teaches the limitations of claim 1 above, and further teaches wherein the tool comprises a plurality of mounting fasteners comprising the mounting fastener (multiple mounting fasteners 2, fig. 1, as an electromagnet; [0029], can hold against a surface as in [0031]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view Vile (US 20180238378 A1) and Kennedy (PT 1755891 E; prev cited 04/02/2025), and further in view of Wagreich (US 3770259 A, prev. cited 11/16/2023).
With respect to claim 3, Chen, as modified, teaches the limitations of claim 1 above, however does not explicitly teach the tip of the holding fastener defining a cavity.
Wagreich, in the same field of endeavor, relating to tools that mount on a surface and push against that surface using a middle fastener, teaches of providing a tip of the holding fastener defining with a cavity (see ball joint being inserted into the holding fastener at the bottom tip of 13, fig. 1; col 2 lines 4-6, and 14-26) Wagreich teaches that this arrangement provides for a swivel head (col 2 lines 4-6).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chen, to provide for a cavity defined at the top of the mounting fastener, for the purpose of enabling swiveling, as taught by Wagreich, in order to enable the mounting faster to be used against differently angled surfaces by swiveling.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1) and Kennedy (PT 1755891 E; prev cited 04/02/2025), and further in view of Eccles (NPL article titled “Why use washers?”; archived on 08/04/2016)
With respect to claim 5, Chen, as modified, teaches the limitations of claim 1 above, however does not explicitly teach the locking portion comprising a washer. However, as noted in the rejection of claim 1, the locking portion includes a nut.
Eccles, reasonably pertinent to the problem being solved of placing a washer under a tightening nut, provides that one would place a washer under nut, against the surface the nut is tightened against (see fig. 4), for the purpose of protecting the assembly from damage (page 1, bold text at top, under title). It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chen, and have provided the locking assembly with a washer, as taught by Eccles to protect the assembly from damage.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1) and Kennedy (PT 1755891 E; prev. cited 04/02/2025), and further in view of Koeckenbauer (DE 202011003994 U1).
With respect to claim 7, Chen, as modified teaches the limitations of claim 1 above however does not explicitly teach: the magnet defining a magnetic force in a range of 15 to 120 pounds.
Koeckenbauer, in the same field of endeavor, as relating to magnetic attachment for dent fixing tools ([0001]), and applicable to the problem being solved of magnetic tool attachment to metals ([0003]), provides evidence that the magnetic force of the tool attachment is a result-effective variable in that one would have selected a magnetic material to be capable of holding the tool onto the surface ([0003]) yet also be able of being lifted and adjusted ([0004]), and that this can be done by optimizing the size of the magnet ([0007]).
The applicant has not disclosed the criticality of the claimed range: the magnet defining a magnetic force in a range of 15 to 120 pounds, only disclosing that “In some aspects, each of the mounting fasteners 170a,b and, more specifically, a magnet thereof can define an attraction force or attachment force in a range of 15 to 120 pounds of force. In some aspects, each of the mounting fasteners 170a,b and, more specifically, a magnet thereof can define an attraction force or attachment force in a range of 50 to 60 pounds of force. In some aspects, each of the mounting fasteners 170a,b and, more specifically, a magnet thereof can define, depending on a material forming the magnet and the size and configuration of the magnet, an attraction force of less than or greater than the range of 50 to 60 pounds of force.” (instant spec, [0043]).
MPEP 2144.05 provides that discovering workable ranges would have been obvious to a person of ordinary skill in the art, if the range is shown to be a result effective variable, and if it has not been demonstrated that the range is critical.
Having demonstrated that the magnetic force is a result effective variable, and given a lack of criticality of the claimed variable, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected a magnetic force, including a magnetic force within the claimed range of 15 to 120 pounds. A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have made the modification and have selected a magnetic force with a reasonable expectation of success.
Claim(s) 9, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1) and Kennedy (PT 1755891 E; prev. cited 04/02/2025), further in view of Bao (CN 105817501 A; cited 11/05/2024).
With respect to claim 9, Chen, as modified, teaches the limitations of claim 1 above, however does not explicitly teach a second spacer positioned between the mounting fastener and the structural member.
Bao, in the same field of endeavor, as related to tools for with a central holding fastener, two mounting fasteners, and a structural member (holding fastener 2, and mounting fastener at 10, structural member at 1, fig. 1), teaches of a spacer positioned between the mounting fastener and the structural member (the outer layer [a mounting fastener] is of a soft rubber as in [0014], and is abutted against sheet metal as in [0026], the spacer is the hard rubber part connected with a hinge as in [0014], and the hard rubber layer is between the soft layer and the hinge, the hard rubber layer is between the mounting fastener and the structural member]) configured to allow movement of the mounting fastener with respect to the structural member. Bao teaches this arrangement provides for even and flat application of force, preventing damage to the part being attached using the mounting fastener ([0030]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have, as taught by Bao, included a [hard] rubber layer between the mounting fastener and the structural member, to ensure the even (flat) application of force when using the tool, thus preventing damage.
With respect to claim 21, Chen, as modified, teaches the limitations of claim 1 above, however does not explicitly teach wherein an orientation of an axis of the mounting fastener is able to rotate with respect to the structural member and thereby mate with the mating surface.
Bao, in the same field of endeavor, as related to tools for with a central holding fastener, two mounting fasteners, and a structural member (holding fastener 2, and mounting fastener at 10, structural member at 1, fig. 1), teaches of a spacer positioned between the mounting fastener and the structural member (the outer layer [a mounting fastener] is of a soft rubber as in [0014], and is abutted against sheet metal as in [0026], the spacer is the hard rubber part connected with a hinge as in [0014], and the hard rubber layer is between the soft layer and the hinge, the hard rubber layer is between the mounting fastener and the structural member]) configured to allow movement of the mounting fastener with respect to the structural member. Bao teaches this arrangement provides for even and flat application of force, preventing damage to the part being attached using the mounting fastener ([0030]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have, as taught by Bao, included a [hard] rubber layer between the mounting fastener and the structural member, to ensure the even (flat) application of force when using the tool, thus preventing damage. This would have resulted in wherein an orientation of an axis of the mounting fastener is able to rotate with respect to the structural member and thereby mate with the mating surface, as the rubber would enable some of the mounting fastener movement relative to the structural member (including a degree of rotation/tilt around an axis).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1) and Kennedy (PT 1755891 E; prev. cited 04/02/2025), and Bao (CN 105817501 A, prev. cited 11/05/2024) and as evidenced by NPL article on “Properties of Hard Rubber”, previously cited 11/05/2024.
With respect to claim 10, Chen, as modified, teaches the limitations of claim 9 above, and further teaches: the tool comprises a plurality of mounting fasteners comprising the mounting fastener (multiple mounting fasteners 2, fig. 1, as an electromagnet; [0029], can hold against a surface as in [0031]), the second spacer is configured to allow tilting movement of each of the plurality of mounting fasteners with respect to the structural member such that a surface of each of the plurality of mounting fasteners can be in simultaneous flush contact with separate non-coplanar portions of the mating surface of the structure (the spacer of Bao is made of hard rubber, and hard rubber is an elastic material, as evidenced, by the NPL document on “Properties of Hard Rubber”, in the summary section on page 75; because the hard rubber is an elastic material, it an deform, and thus allow some movement of the mounting fastener to adapt to non-coplanar surfaces simultaneous in a flush manner), however does not explicitly teach each of the plurality of mounting fasteners secured to the structural member with a first connecting portion and a second connecting portion, the first connecting portion comprising a shaft, the second connecting portion coupled to the first connecting portion and holding a corresponding mounting fastener of the plurality of mounting fasteners to the structural member.
Bao further teaches of an arrangement where each of the plurality of mounting fasteners secured to the structural member with a first connecting portion and a second connecting portion (first connecting portion being a shaft 9, fig. 1; a second connecting portion bring the hinged portion at the bottom end of shaft 9, fig. 1; [0026] ) , the first connecting portion comprising a shaft (addressed previously as shaft 9), the second connecting portion coupled to the first connecting portion and holding a corresponding mounting fastener of the plurality of mounting fasteners to the structural member (as assembled, would be applicable to both mounting fasteners, the second connecting portion at hinge connects the holding fastener to the first connecting portion as in Bao, fig. 1 ). Bao teaches that this provides a simple use ([0027]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have, as taught by Bao, included a first and second connecting portion for simplicity in use.
Claim(s) 11, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1)
With respect to claim 11, Chen discloses:
A tool for maintaining a position of a fastener assembly securing a bucket blade on construction equipment (intended use in preamble not limiting, see MPEP 2111.02), the tool comprising:
a structural member defining a hub and at least one arm extending from the hub, the structural member defining a first side and a second side (structural member 1, fig. 1, has two sides, and arms with the mounting fasteners 2, fig. 1; [0029], hub is in middle);
a mounting fastener configured to hold itself in place against a mating surface of a structure, the mounting fastener comprising a magnet (mounting fastener 2, fig. 1, as an electromagnet; [0029], can hold against a surface as in [0031]); and
a holding fastener extending through a main opening defined in each of the first side and the second side of the tool (holding fastener 7, fig. 2; [0029], extends through opening 13, fig. 5; [0029]), the main opening defining threads (opening 7 is threaded as shown in fig. 5 and [0029]), the holding fastener: comprising main portion comprising a threaded shaft (shaft 7 is partially threaded at 701, fig. 1, [0029]),
wherein:
the holding fastener is configured to a) contact and push against a fastener assembly extending through and angled with respect to the mating surface and b) be received within a recessed portion defined in a structure in which the fastener assembly is received (the spacer/mounting fastener can contact an angled fastener assembly in a recessed portion of a structure, the fastener assembly being unclaimed, by pushing against it, and can be received in a recessed portion, depending the size thereof);
a distance between a) the first side of the structural member a tip of the holding fastener is fixedly adjustable, during installation of the tool, to any one setting of the distance among a range of settings of the distance; by rotating the main portion with a hand of a user of the tool and the distance remains fixed in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool (by rotation of the holding fastener [including the main portion] relative to threaded main opening, the threaded holding fastener is adjusted in position)
However does not explicitly teach a locking portion comprising a locking fastener received about the threaded shaft, the locking portion configured to abut and contact, without any other structure there between, the second side of the structural member and, upon tightening, securably fix a position of the holding fastener with respect to the structural member in either axial direction defined by the threaded shaft, the distance remains fixed, with the locking fastener tightened against the second side of the structural member, in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool, the locking portion configured to lock the distance after the installation of the tool and also when the tool is removed from the structure.
Vile, pertinent to the problem being solved of providing a fixed position of a threaded shaft to prevent unintentional movement ([0001]) teaches of a locking portion comprising a locking fastener received about the threaded shaft (locking fastener [nut] 10, fig. 2; [0019-0020], around threaded section 7 of a linkage bar [shaft] 4, fig. 2), the locking portion configured to abut and contact, without any other structure therebetween, the second side of the structural member (configured to abut against an analogous structural member 3, at 3b, fig. 2; [0015], linkage member 3 has an internal thread 8 as in [0018] as for being on a second side, the claim does not define the sides of a structural member in a way that is significant (i.e. structure relative to both sides in a non-interchangeable way) other than later in the claim at “a distance between a) the first side of the structural member”, and in that case the first side and second side are fixed because the structural member does not normally deform, and thus the relative distances between the first and second side remains fixed; other than that the claim is defined in a way such that the first and second sides are interchangeable, and one would put the fastener to abut at least one of the sides), upon tightening, securable fix a position of the holding fastener in with respect to the structural member in an either axial direction defined by the threaded shaft (absent user intervention, this arrangement would be secured in position as it is threaded), the distance remains fixed, with the locking fastener tightened against the second side of the structural member, in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool, the locking portion configured to lock the distance after the installation of the tool and also when the tool is removed from the structure (as mentioned above, absent user intervention, this arrangement would be secured in position as it is threaded, including with the treaded hole of Chen, this arrangement being also applicable when the tool is removed, as enabled by the thread; see also [0006-0006] in Vile, in Vile, the locking fastener abuts the structural member [on a second side])
Vile teaches that this arrangement prevents loosening while maintaining adjustability ([0006-0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chen, with the teachings of Vile, and have provided a locking fastener, for the purpose of preventing loosening while maintaining adjustability.
With respect to claim 14, Chen discloses the limitations of claim 11 above, and wherein the holding fastener comprises a knob (knob 4, fig. 1; [0029]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 207709581 U, prev. cited 11/05/2024) in view of Vile (US 20180238378 A1), and further in view of Sturesson (SE 463402 B; prev. cited 04/02/2025).
With respect to claim 15, Chen, as modified, teaches the limitations of claim 11 above, however does not explicitly teach wherein the mounting fastener defines at least one of a) a cavity through which the holding fastener extends at least partially and b) an annular shape.
Sturesson, in the same field of endeavor, related to tools for holding objects in place, teaches of an annular shaped mounting fastener with a magnet used to attach the tool to a surface (see magnet 4, fig. 6, described on page 4, 8-9th paragraph, since the end part 3 is round as shown in fig. 5, the magnet underneath 4 forms an annular shape; also see fig. 5 an annular shape is formed from the middle at the attachment point to the edge of the mounting fastener by the angled part of the mounting fastener), and that the end part (analogous to mounting fastener by having a magnet) can have any shape (page 5, 2nd paragraph; spherical, cubic, bowl-shaped, round, square rectangular, irregular, etc).
MPEP 2144.04 provides that changes in shape, absent evidence that the shape is significant, are obvious to a person of ordinary skill in the art. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the holding fastener of Chen, as modified, to be an annular shape, as a change in shape, which is shown by Sturesson to be an obvious change by one of ordinary skill in the art.
Alternatively, MPEP 2143 provides that “simple substitution of one known element for another to obtain predictable results” is obvious to a person of ordinary skill in the art. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted cylindrical shape of the mounting fastener of Chen, as modified, for the annular shape of Sturesson, which would have had predictable results.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 4009529 A, prev. cited 11/05/2024) in view of Chen (CN 207709581 U, prev. cited 11/05/2024), Kennedy (PT 1755891 E; prev. cited 04/02/2025), Vile (US 20180238378 A1); and Wagreich (US 3770259 A, prev. cited. 11/16/2023).
With respect to claim 24, Johnson discloses: An assembly comprising: a bucket of a vehicle (12, fig. 1; bucket of backhoe [a vehicle] as in col 2 lines 41-49), the bucket comprising a replaceable blade (42, fig. 1; col 2 lines 8-24) and a fastener assembly securing the blade to the bucket (faster assembly 60 fig. 2; col 3 lines 34-41) the fastener assembly defining a first end and a second end distal from the first end (fastener assembly, being bolt has two ends, first and second can be arbitrarily either end);
However, does not explicitly disclose a tool removably secured to the bucket, the tool contacting the first end the fastener assembly and configured to maintain a position of the fastener assembly during loosening or tightening of the fastener assembly at the second end, the tool comprising: a structural member defining a hub and at least one arm extending from the hub, the structural member defining a first side and a second side; a holding fastener extending through a main opening of the structural member, the main opening defined in each of the first side and the second side and extending from the first side to the second side, the main opening defining threads, the holding fastener comprising a main portion comprising a threaded shaft and a locking portion comprising a locking fastener received about the threaded shaft the locking portion configured to abut and contact, without any other structure therebetween, the second side of the structural member and, upon tightening configured to securably fix a position of the holding fastener with respect to the structural member in either axial direction defined by the threaded shaft of the holding fastener; and a mounting fastener secured to the arm of the structural member at a position distal from the hub and configured to hold itself in place against a mating surface of a structure, the mounting fastener comprising a rare-earth magnet; wherein: the holding fastener is configured to contact and push against a fastener assembly extending through and angled with respect to the mating surface; a distance between a tip of the holding fastener and the first side of the structural member is fixedly adjustable during installation of the tool to any one setting of the distance among a range of settings of the distance; and the distance remains fixed, with the locking fastener tightened against the second side of the structural member, in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool, the locking portion configured to lock the distance after the installation of the tool and also when the tool is removed from the structure.
Chen in the same field of endeavor, as related to tools that attach to vehicles, teaches of a tool comprising:
a structural member defining a hub and at least one arm extending from the hub, the structural member defining a first side and a second side (structural member 1, fig. 1, has two sides, and arms with the mounting fasteners 2, fig. 1; [0029], hub is in middle);
a holding fastener extending through a main opening of the structural member (holding fastener 7, fig. 2; [0029], extends through opening 13, fig. 5; [0029]) , the main opening defined in each of the first side and the second side and extending from the first side to the second side (as the holding fastener passes through the opening), the main opening defining threads (opening 7 is threaded as shown in fig. 5 and [0029]), the holding fastener comprising a main portion comprising a threaded shaft (shaft 7 is partially threaded at 701, fig. 1, [0029]) and
a mounting fastener secured to the arm of the structural member at a position distal from the hub and configured to hold itself in place against a mating surface of a structure (mounting fastener 2, fig. 1, as an electromagnet; [0029], can hold against a surface as in [0031]),
wherein:
the holding fastener is configured to a) contact and push against a fastener assembly extending through and angled with respect to the mating surface and b) be received within a recessed portion defined in a structure in which the fastener assembly is received (the spacer/mounting fastener above can contact an angled fastener assembly in a recessed portion of a structure, the fastener assembly being unclaimed, by pushing against it); and,
a distance between a tip of the holding fastener and the first side of the structural member is fixedly adjustable during installation of the tool to any one setting of the distance among a range of settings of the distance (by rotation of the holding fastener relative to threaded main opening); and
the distance remains fixed in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool (the threads hold it in position unless the holding fastener is rotated).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have used the tool of Chen, and have placed it in a manner removably secured [directly or indirectly] to the bucket, because the tool evenly applies force to a vehicle, in a manner that is easy to use ([0005], to repair vehicles), and one skilled in the art would have applied to a vehicle or parts thereof (a bucket when attached is part of a vehicle).
Vile, pertinent to the problem being solved of providing a fixed position of a threaded shaft to prevent unintentional movement ([0001]) teaches of a locking portion comprising a locking fastener received about the threaded shaft (locking fastener [nut] 10, fig. 2; [0019-0020], around threaded section 7 of a linkage bar [shaft] 4, fig. 2), the locking portion configured to abut and contact, without any other structure therebetween, the second side of the structural member (configured to abut against an analogous structural member 3, at 3b, fig. 2; [0015], linkage member 3 has an internal thread 8 as in [0018] as for being on a second side, the claim does not define the sides of a structural member in a way that is significant (i.e. structure relative to both sides in a non-interchangeable way) other than later in the claim at “a distance between a tip of the holding fastener and the first side of the structural member is fixedly adjustable during installation of the tool to any one setting of the distance among a range of settings of the distance by rotating the main portion with a hand of a user of the tool”, and in that case the first side and second side are fixed because the structural member does not normally deform, and thus the relative distances between the first and second side remains fixed; other than that the claim is defined in a way such that the first and second sides are interchangeable, and one would put the fastener to abut at least one of the sides), upon tightening, securably fix a position of the holding fastener in with respect to the structural member in an either axial direction defined by the threaded shaft (absent user intervention, this arrangement would be secured in position as it is threaded), the distance remains fixed, with the locking fastener tightened against the second side of the structural member, in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool, the locking portion configured to lock the distance after the installation of the tool and also when the tool is removed from the structure (as mentioned above, absent user intervention, this arrangement would be secured in position as it is threaded, including with the treaded hole of Chen, this arrangement being also applicable when the tool is removed, as enabled by the thread; see also [0006-0007] in Vile, the locking fastener abuts the structural member [on a second side])
Vile teaches that this arrangement prevents loosening while maintaining adjustability ([0006-0007]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chen, with the teachings of Vile, and have provided a locking fastener, for the purpose of preventing loosening while maintaining adjustability.
The recitation of “to maintain a position of the fastener assembly during loosening or tightening of the fastener assembly at the second end” is an intended use, and the tool would directly/indirectly contact the first end of the fastener assembly, and is removable as the mounting fasteners of Chen are magnetic.
As for mounting fastener comprising a rare-earth magnet, Kennedy, reasonably pertinent to the problem being solved of selecting magnetic holding fasteners, and in the same field of endeavor as tools that hold in place objects, teaches that it is known to use rare earth magnets in place of electromagnets (page 4, 2nd paragraph from bottom), and that rare earth magnets are quick to place (page 3, 2nd paragraph from top).
MPEP 2143 provides that “simple substitution of one known element for another to obtain predictable results” is obvious to a person of ordinary skill in the art. Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the electromagnet of Chen for the rare-earth magnet of Kennedy, which would have provided for predictable results, as a means of attachment, and the substation would have resulted in a quick to place mounting fastener.
Furthermore, Wagreich teaches that this tools structurally analogous to Chen (see Wagreich, fig. 1, compared to Chen, fig. 1, included threaded “mounting fastener” in the middle, with attachment/mounting fasters at end; Wagreich teaches of a structural member 10, fig. 1, col 1 line 43-col 2 line 6, with arms 12; a holding fastener 13, fig. 1; col 1 line 43-col 2 line 6; mounting fastener 18 and 19, fig. 1; col 2 lines 8-13) are configured to hold articles in place that are being held by any type of fastener (abstract), this arrangement allowing the holding for an extended period of time and with any surface as opposed to an ordinary clamp (col 1 lines 1-19).
Therefore, it would have been obvious of one of ordinary skill in the art to have used the tool of Chen with the removable bucket of Johnson, for, as Wagreich teaches analogous tools is intended for this purpose, and are useful for extended holding times with any kind of surface.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 4009529 A, prev. cited 11/05/2024) in view of Chen (CN 207709581 U, prev. cited 11/05/2024), Kennedy (PT 1755891 E; prev. cited 04/02/2025), Vile (US 20180238378 A1) and Wagreich (US 3770259 A, prev. cited. 11/16/2023) and further in view of Bao (CN 105817501 A; cited 11/05/2024) and NPL article on “Properties of Hard Rubber”, previously cited 11/05/2024.
With respect to claim 25, Johnson, as modified teaches the limitations of claim 24 above, however does not explicitly teach a second spacer positioned between the mounting fastener and the structural member, the second spacer comprising at least one of an elastic and a compressible material and configured to allow rotation of an axis of the mounting fastener with respect to the structural member.
Bao, in the same field of endeavor, as related to tools for with a central holding fastener, two mounting fasteners, and a structural member (holding fastener 2, and mounting fastener at 10, structural member at 1, fig. 1), teaches of a[second] spacer positioned between the mounting fastener and the structural member (the outer layer [a mounting fastener] is of a soft rubber as in [0014], and is abutted against sheet metal as in [0026], the spacer is the hard rubber part connected with a hinge as in [0014], and the hard rubber layer is between the soft layer and the hinge, the hard rubber layer is between the mounting fastener and the structural member]) configured to allow movement of the mounting fastener with respect to the structural member[ rotation a. Bao teaches this arrangement provides for even and flat application of force, preventing damage to the part being attached using the mounting fastener ([0030]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have, in Johnson, as taught by Bao, included a [hard] rubber layer between the mounting fastener and the structural member, to ensure the even (flat) application of force when using the tool, thus preventing damage. This would have resulted in wherein an orientation of an axis of the mounting fastener is able to rotate with respect to the structural member and thereby mate with the mating surface, as the rubber would enable some of the mounting fastener movement relative to the structural member (including a degree of rotation/tilt around an axis).
Regarding the spacer positioned between the mounting fastener and the structural member comprising at least one of an elastic and a compressible material and configured to allow movement of the mounting fastener with respect to the structural member, the spacer of Bao is made of hard rubber, and hard rubber is an elastic material, as evidenced, by the NPL document on “Properties of Hard Rubber”, in the summary section on page 75; because the hard rubber is an elastic material, it an deform, and thus allow some movement of the mounting fastener relative to the structural member).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 4009529 A, prev. cited 11/05/2024) in view of Chen (CN 207709581 U, prev. cited 11/05/2024), Kennedy (PT 1755891 E; prev. cited 04/02/2025), Vile (US 20180238378 A1); and Wagreich (US 3770259 A, prev. cited. 11/16/2023) and further in view of Eccles (NPL article titled “Why use washers?; archived on 08/04/2016).
With respect to claim 26, Johnson, as modified, teaches the limitations of claim 24 above, and further teaches wherein the locking fastener comprises a nut (addressed in rejection of claim 24 above, the locking fastener is a nut) however does not explicitly teach the locking portion comprising a washer, the washer positioned between the nut and the second side of the structural member.
Eccles, reasonably pertinent to the problem being solved of placing a washer under a tightening nut, provides that one would place a washer under nut, against the surface the nut is tightened against (see fig. 4), for the purpose of protecting the assembly from damage (page 1, bold text at top, under title). It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Chen, and have provided the locking assembly with a washer, the washer positioned between the nut and the second side of the structural member, using the teachings of Eccles to protect the assembly from damage.
Response to Arguments
Applicant's arguments filed 06/18/2026 have been fully considered but they are not persuasive.
In the applicant’s interview summary, the applicant took the position (response page 10-11) that Bergman is unable to push under any circumstances, the examiner disagrees, because to position the tool, the center threaded rod has to be moved downward or outward, and therefore must be able to push by that property.
On pages 13-17, the applicant took the position that Bergman can not teach the instant claims because of various deficiencies with respect to the functionality of the locking fastener. In view of the amendments to the claim, the examiner has applied Vile, and submits that Vile has the same locking property of the instant locking fastener, being a nut applied to a threaded rod that is in turn treaded into a threaded hole. The nut prevents inadvertent loosening while maintaining adjustability. In view of this, the examiner believes the applicant’s arguments to be moot.
In general, the examiner wishes to note that attacking a single reference, alone, would not be persuasive, for aspects that single reference did not teach but is found in another reference, as one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. The applicant, in addition to arguing Bergman, also argued various incompatibilities with respect to Bergman, when applied to Chen, particularly with respect to the adhesive attachment, how it is assembled, and must be reassembled each time. While Bergman is no longer applied, the applicant’s arguments are unpersuasive because Bergman was utilized with respect to specific teachings regarding the locking fastener, which is positioned around a threaded shaft (although the examiner understands a POSITA would consider Bergman as a while, including the differences from Chen, the other teachings of Bergman would not teach away from the combination). In making the rejection, the examiner has considered the level of ordinary skill in the art, and given the nature of the tool, and of different components of the tool, a POSITA would find the proposed combination to have predictable results.
Although no specific arguments were presented, with respect to claim 10 (response page 20-21), the examiner submits that the amendments were not specific enough to overcome the prior art, as Bao provides for a bar shaped shaft with a second connecting portion as a hinge. Additionally, the features of a spacer that allows tilting by being elastic, and therefore also allows for the claimed functionality were previously found in Bao.
The applicant’s remarks for the other claims reference the reasoning with respect to claim 1 and should have been adequately addressed above.
As for rejoinder of claims 8, and 17-20, the claims would be rejoined if they require all the limitations of an allowable claim.
The applicant may wish to consider structural differences between the tool (not how it is used) when drafting future amendments.
Conclusion
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 Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Steven Huang/Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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