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Claims 2-3 and 6-16 remain in the application as withdrawn.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-5 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Padula (US 5,120,168). Padula discloses a fastening structure (Fig. 1) comprising: a head (3); a fastening portion (4); an operating portion (5); a flange (1) extending from the operating portion; and a twist break portion (2). The head, operating portion, flange, and twist break portion are formed as a single piece where the twist break portion extends from the operating portion and is connected to an outermost portion of the head such that the flange and operating portion are not overlapping with the head. The twist break portion is twisted with a tool (9) via the operating portion to fasten an object or to further fasten another object before the twist break portion being twisted and broken off (Figs. 1-4). The cross-section of the of the twist break portion at the junction with the head is smaller than a cross-section of the fastening section (Figs. 5-7) and an area of the operating portion is greater (Fig. 3).
Response to Remarks
Applicant argues that the claims as amended define over Lindstrand because Lindstrand does not disclose the twist break portion at an outermost portion of the head and discloses the operating portion and flange overlapping with the head. In response the examiner disagrees because “an outermost portion” is not defined to preclude the twist break portion from being at any outermost portion such as the outermost portion along the axis. The examiner also disagrees that in Lindstrand the operating portion and flange overlap with the head for reasons as pointed to below.
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Conclusion
While the examiner is not in agreement that the amended claims define over Lindstrand a new rejection has nonetheless been applied in an effort to expedite the application.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Grunbichler (US 5,713,705) and Nagashima (US 5,287,763) have been cited to teach other examples of an operating portion and flange with a twist break portion connected to an outermost portion of a head.
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