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 .
Response to Amendment
Claims 1-5,7-11,14-15 and 17-26 are pending. Claims 8 and 17-20 are withdrawn from consideration. Claims 1-2, 5, 7, 11, 14, 24 are currently amended. Claims 25-26 are new. Claims 6 and 13 are canceled with the amendment.
The drawings filed 08/04/2025 are entered. The non-entry of the specification dated 03/05/2025 in the action dated 04/02/2025 has been withdrawn, and the specification dated 03/05/2025 is entered.
Election/Restrictions
Claim 2 has been withdrawn from consideration. Claim 1, on which claim 2 depends on, recites on amendment, as a limitation in the alterative, “a spacer comprising at least one of an elastic and a compressible material., and the spacer secured directly to, extending from, and stationary with respect to the first side of the structural member”. Claim 2 requires the spacer by reciting “wherein the one of the spacer and the holding fastener is the spacer”. The examiner required restriction and election of species in the action dated 08/15/2023, and claim 2, when read in combination with claim 1, recites an invention directed towards species E. The applicant is noted to have elected, without traverse, invention I, and species A, in the reply dated 10/12/2023.
In the previous claim set dated 03/25/2025, and in all previously examined claim sets examined after the restriction requirement contained defined a spacer, in a manner that reads on the spacer 1110, fig. 11a, at the tip of a holding fastener 140 (of elected species A), as the spacer 1110, fig. 11a, comprises at least one of an elastic and a compressible material and [is] secured to and extending from the structural member (through the holding fastener - which is consistent with the examiner’s cited prior art). In contrast, the instant claim set dated 08/04/2025 defines a stationary spacer, that does not read upon spacer 1110, fig. 11a, at the tip of a holding fastener 140, instead reading on species E, figs. 8B, 11B, 11C, which show a stationary spacer. As claim 1 was amended to require a spacer defined such that it that no longer reads on the elected species, claim 2, by requiring the stationary spacer of claim 1, has been withdrawn in view of the amendment to claim 1.
See MPEP 803.02 for a discussion on the restriction and examination of a Markush claim, or of alternatively recited members.
Claim Objections
In claim 22, consider -- wherein the one of the spacer and the holding fastener is the holding fastener, comprising a knob-- to be consistent with how the other claims address the limitation in the alternative.
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.
Claim 7 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 7, the scope of the claim is unclear because claim is dependent on canceled claim 6. The examiner will interpret this claim to be dependent on claim 1 instead.
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, 4, 22, 23 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 Bergman (WO 8701324 A1; prev cited 04/02/2025) 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);
one of (interpreted as limitation in alternative in light of prosecution history): a) a spacer comprising at least one of an elastic and a compressible material, the spacer secured directly to, extending from and stationary with respect to the first side of the structural member (limitation in the alterative not required by the claim) and
b) 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 one of the spacer and 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, when the tool comprises the holding fastener,
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 with respect to the structural member in an axial direction of the holding fastener; the mounting fastener comprising a rare-earth magnet.
Bergman, in the same field of endeavor, related to vehicle mounted tools (page 1 lines 13-17), teaches a locking portion comprising a locking fastener received about the threaded shaft (17, fig. 1; page 7 lines 30-34, on threaded shaft 15, fig. 1) 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 with respect to the structural member in an axial direction of the holding fastener (directly contacts an analogous structural member 11, fig. 1; at a second [top] side; see view of figs. 1 and 2, this wing nut 17 fixes position as in page 7 lines 30-34; functionality further described in page 7 line 35-page 8 line 8). Bergman teaches that this allows easy regulation of pressure (page 8 lines 9-11).
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 locking fastener (wing nut) of Bergman, so that the pressure applied can be easily regulated.
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 4, Chen, as modified, teaches the limitations of claim 1 above, and further teaches wherein the one of the spacer and the holding fastener is the holding fastener, the holding fastener being adjustably secured to the structural member and extending through the hub of the structural member (there is both a holding fastener and spacer in Chen, the holding fastener being adjustable secured as passing through a threaded main opening, which as in claim 1, provides for adjustability in terms of distance relative to the structural member).
With respect to claim 22, 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]).
With respect to claim 23, Chen, as modified, teaches the limitations of claim 22 above, and further teaches wherein the knob defines a plurality of lobes or ridges (see perspective of flower shaped knob in fig. 2 and 3).
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 of Bergman (WO 8701324 A1; prev cited 04/02/2025) 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 wherein the one of the spacer and the holding fastener is the holding fastener, 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 Bergman (WO 8701324 A1; prev cited 04/02/2025) 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. Bergman, however teaches that the locking fastener is a wing nut (wing nut 17, fig. 1; page 7 lines 30-34)
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 Bergman (WO 8701324 A1; prev. cited 04/02/2025) 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 [[6]] 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 Bergman (WO 8701324 A1; prev. cited 04/02/2025) 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 Bergman (WO 8701324 A1; prev. cited 04/02/2025) 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 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) 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 Bergman (WO 8701324 A1; prev. cited 04/02/2025)
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 an axial direction of the holding fastener.
Bergman, in the same field of endeavor, related to vehicle mounted tools (page 1 lines 13-17), teaches a locking portion comprising a locking fastener received about the threaded shaft (17, fig. 1; page 7 lines 30-34, on threaded shaft 15, fig. 1) 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 with respect to the structural member in an axial direction of the holding fastener (directly contacts an analogous structural member 11, fig. 1; at a second [top] side; see view of figs. 1 and 2, this wing nut 17 fixes position as in page 7 lines 30-34; functionality further described in page 7 line 35-page 8 line 8). Bergman teaches that this allows easy regulation of pressure (page 8 lines 9-11).
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 locking fastener (wing nut) of Bergman, so that the pressure applied can be easily regulated.
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 Bergman (WO 8701324 A1; prev. cited 04/02/2025), 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), Bergman (WO 8701324 A1; prev. cited 04/02/2025); 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 an axial direction 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 in the one setting after installation of the tool with the distance in the one setting and without a user handling the tool.
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).
Bergman, in the same field of endeavor, related to vehicle mounted tools (page 1 lines 13-17), teaches a locking portion comprising a locking fastener received about the threaded shaft (17, fig. 1; page 7 lines 30-34, on threaded shaft 15, fig. 1) 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 with respect to the structural member in an axial direction of the holding fastener (directly contacts an analogous structural member 11, fig. 1; at a second [top] side; see view of figs. 1 and 2, this wing nut 17 fixes position as in page 7 lines 30-34; functionality further described in page 7 line 35-page 8 line 8). Bergman teaches that this allows easy regulation of pressure (page 8 lines 9-11).
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 Johnson and have further included the locking fastener (wing nut) of Bergman, so that the pressure applied can be easily regulated.
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), Bergman (WO 8701324 A1; prev. cited 04/02/2025); 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), Bergman (WO 8701324 A1; prev. cited 04/02/2025); 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 (Bergman, the locking fastener is a wing nut 17, fig. 1; page 7 lines 30-34) 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
In regards to the 35 USC 112(a) rejection directed towards the threaded main opening, the applicant’s arguments were found persuasive, and the 35 USC 112(a) rejection is withdrawn, the amended drawings are entered along with the corresponding amendments to the specification.
Applicant's other arguments filed 08/04/2025 have been fully considered but they are not persuasive.
Regarding the applicant’s interview summary, with respect to the applicant’s comments on page 11, that some amendments “avoid a potential rejection for being allegedly obvious over Chen in view of previously cited reference Meichtry (US 20040016282 Al) by further definition of the "locking fastener", the examiner wrote that the arrangement may be obvious over Chen in view of Meichtry (examiner interview summary dated 07/17/2025, page 1 under the 35 USC 102 section). Furthermore, the examiner notes that applicant’s statement that “Examiner Huang agreed that claims 8 and 17-20 would be rejoined upon the finding of allowable subject matter”, the examiner noted that claims 8 and 17-20 would need to be dependent on claim which requires all of the limitations of an allowable claim, and that the possibility of rejoinder was evaluated with respect to the proposed claims as discussed during the interview. Examiner further notes that the dependent claims would still need to be reviewed for non-prior art issues. Applicant may wish to review 37 CFR 1.2, which states “All business with the Patent and Trademark Office should be transacted in writing. […] No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt”.
With respect to claim 1, (response page 20-22),claim 11 (response pages 18-20) and claim 24 (response pages 25-26), the examiner respectfully submits that Bergman, which was not specifically addressed by the applicant, has been reconsidered in light of the instant amendments, and the examiner has found that the new limitations directed towards the locking fastener are found in the arrangement of Bergman ,which teaches of a wing nut pressing against an analogous structural member, providing for adjustability of the pressure excreted by the tool. The dependent claims were not specifically addressed, except for reasoning that the dependent claims are allowable as dependent on an allowable base claim.
Conclusion
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/Steven Huang/Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723