This is a Non-Final office action for serial number 17/920460.
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 .
Information Disclosure Statement
The listing of references in the PCT international search report is not considered to be an information disclosure statement (IDS) complying with 37 CFR 1.98. 37 CFR 1.98(a)(2) requires a legible copy of: (1) each foreign patent; (2) each publication or that portion which caused it to be listed; (3) for each cited pending U.S. application, the application specification including claims, and any drawing of the application, or that portion of the application which caused it to be listed including any claims directed to that portion, unless the cited pending U.S. application is stored in the Image File Wrapper (IFW) system; and (4) all other information, or that portion which caused it to be listed. In addition, each IDS must include a list of all patents, publications, applications, or other information submitted for consideration by the Office (see 37 CFR 1.98(a)(1) and (b)), and MPEP § 609.04(a), subsection I. states, “the list ... must be submitted on a separate paper.” Therefore, the references cited in the international search report have not been considered. Applicant is advised that the date of submission of any item of information in the international search report will be the date of submission of the IDS for purposes of determining compliance with the requirements for the IDS with 37 CFR 1.97, including all timing statement requirements of 37 CFR 1.97(e). See MPEP § 609.05(a).
The information disclosure statement filed October 21, 2022 and July 2, 2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because no English translation has been provided. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the inclination (claimed in claim 6) and inclination end (claimed in claim 6) must be shown using a reference number or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim 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 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the fastener body" in line 4. There is insufficient antecedent basis for this limitation in the claim.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Hicks et al. (Hicks) 5603592.
Hicks discloses:
1. An one-way fastener configured to be inserted and coupled from an outside that is open toward a through-hole provided in a fixture to a closed inside, the one-way fastener comprises: a deformable sleeve (16) and a pressurizing sleeve (18) fitted to the fastener body (12): a pressurizing ring (24/20) configured to be fitted over the fastener body (12) that is exposed through the pressurizing sleeve (18); and a pressurizing member (14) coupled by a screw-type engagement to the fastener body (10) that is exposed through the pressurizing ring (24/20).
2. The one-way fastener of claim 1, wherein the fastener body (12) comprises: a pressurizing head (34) provided at a rear portion of a fastener shaft (36); an external screw thread (28) having a predetermined length and being provided in front of the fastener shaft (32); and a spline shaft (44) configured to be cut along a perforated ring groove (46) when a torque of a certain limit or more is applied to an end of the external screw thread (28).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hicks 5,603,592 in view of Monserratt 6,247,883.
Hicks discloses all of the limitations of the claimed invention except for wherein a pressurizing head of the fastener body comprises a pressurizing head ring provided on an outer periphery of the fastener shaft and configured in a shape toward an outer periphery of the pressurizing head.
Monserratt teaches that it is known to have:
3. The one-way fastener of claim 2, wherein a pressurizing head (20) of the fastener body (12) comprises a pressurizing head ring (21) provided on an outer periphery of the fastener shaft (12) and configured in a"" shape toward an outer periphery of the pressurizing head (20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Hicks to have a pressurizing head of the fastener body comprises a pressurizing head ring provided on an outer periphery of the fastener shaft and configured in a shape toward an outer periphery of the pressurizing head as taught by Monserratt for the purpose of preventing the relatively hard sleeve of the present fastener from moving up and forming around the pin head therefore, the angle of surface the pressurizing head ring is more critical when combined with the harder sleeve and has been designed to minimize the shortcomings.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hicks 5,603,592 in view of Sakuma et al (Sakuma) JP06316415.
Hicks discloses all of the limitations of the claimed invention except for wherein the deformable sleeve comprises: an outer deformable guide groove provided at a location spaced inwardly apart from each of opposite ends of an outer periphery of a cylindrical deformable sleeve body by a predetermined distance; and an inner deformable guide groove provided at a location spaced inwardly apart from opposite ends of an inner periphery of the deformable sleeve body by a predetermined distance; wherein the inner deformable guide groove of the deformable sleeve is configured in a shape.
Sakuma teaches that it is known to have:
4. The one-way fastener of claim 1, wherein the deformable sleeve comprises: an outer deformable guide groove (see figures below) provided at a location spaced inwardly apart from each of opposite ends of an outer periphery of a cylindrical deformable sleeve body by a predetermined distance; and an inner deformable guide groove provided at a location spaced inwardly apart from opposite ends of an inner periphery of the deformable sleeve body by a predetermined distance.
5. The one-way fastener of claim 4, wherein the inner deformable guide groove of the deformable sleeve is configured in a " shape.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Outer Guide grooves
Sleeve body)][AltContent: textbox (Inner guide groove
Sleeve body )][AltContent: arrow][AltContent: arrow]
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Hicks to have included wherein the deformable sleeve comprises: an outer deformable guide groove provided at a location spaced inwardly apart from each of opposite ends of an outer periphery of a cylindrical deformable sleeve body by a predetermined distance; and an inner deformable guide groove provided at a location spaced inwardly apart from opposite ends of an inner periphery of the deformable sleeve body by a predetermined distance; wherein the inner deformable guide groove of the deformable sleeve is configured in a shape as taught by Sakuma for the purpose of providing a fastening structure that can be fastened with the same fastening load regardless of the plate thickness of the member to be mounted and the mounting member.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hicks 5,603,592 in view of Sakuma et al (Sakuma) JP06316415
Allowable Subject Matter
Claim 6 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose wherein the fastener body (10) comprises: a pressurizing head (120) provided at a rear portion of a fastener shaft (110); an external screw thread (130) having a predetermined length and being provided in front of the fastener shaft (110), wherein a pressurizing head ring (121) configured in a"" shape toward an outer periphery of the pressurizing head (120) is provided on an outer periphery of the fastener shaft (110) of the pressurizing head (120) of the fastener body (10); a slit-shaped outer deformable guide groove (211) is provided at a location spaced inwardly apart from each of opposite ends of an outer periphery of a cylindrical deformable sleeve body (210) at the deformable sleeve (20) by a predetermined distance; and an inner deformable guide groove (212) configured in a equilateral "-~~" shape is provided at an inner periphery of the deformable sleeve body (210), wherein a thickness of the deformable sleeve (20) of the inner deformable guide groove (212) is gradually formed to be thinner up to a central bending line of the inner deformable guide groove (212), and on one side of the inner deformable guide groove (212), a one side bending guide line (213), where an inclination starts, is formed on an inner peripheral surface at a position of the outer deformation guide groove (211) formed at one side, while on an opposite side of the inner deformable guide groove (212), the opposite side bending guide line (213) having an inclination end is formed on the inner peripheral surface at a position spaced outward from the opposite outer deformable guide groove (211) by a predetermined distance and including all of the other limitations in the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional fasteners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631