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Claims 9-20 remain in the application as withdrawn.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Childs (US 6,843,627) in view of Nakamura (US 5,810,533). Childs discloses a torque limiting fastener with a reverse thread protector comprising: a threaded component (152); a tool interface (170) with in internal bore (172) to receive a cylindrical main body (158) of the threaded component; a washer (120) with an annular sidewall (read as its upper surface); the threaded component, tool interface and washer are a unitized assembly (Figs. 6) having a torque-limiting assembly (177, with 162/164) and a reverse thread protector. The reverse thread protector comprising a first part formed as a plurality of male nibs (178) on the tool interface and a second part formed as a plurality divots (128) on the washer annual sidewall receiving the nibs to inhibit reverse threading. The divots include a pair of asymmetrical ramps with one ramp parallel with a direction of the male component. Childs does not disclose the threaded component having a cylindrical main body with internal threads configured to thread onto a spindle but instead discloses it with an externally threaded shaft. Nakamura discloses a fastener for securing a sawblade similar to Childs and teaches the fastener (10) can comprise a threaded component (11) having a cylindrical main body with in inner bore with internal threads (23; Figs. 1-2) to be threaded onto a spindle. The internal threads is disclosed as an alternative to the threaded component having a shaft with external threads (41; Fig. 4). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to modify the fastener Childs with an internally threaded bore instead of the externally threaded shaft as taught in Nakamura because Nakamura teaches them as alternatives in the same field of endeavor for yielding the same results.
Response to Remarks
Applicant argues that the combination of Childs in view of Nakamura would not have been obvious because there is no motivation in either Nakamura or Childs for replacing the externally threaded shaft of Childs with a bore having internal threads. In response, the examiner disagrees because Nakamura teaches the externally threaded shaft and internally threaded bore as alternatives (column 7, paragraph beginning line 42, in Nakamura). And since both Childs and Nakamura are from the same field of endeavor, namely clamp fasteners, the person of ordinary skill in the art would have recognized the alternative threaded bore disclosed in Nakamura would have been equally applicable to Childs.
Applicant argues that Childs does not disclose the claimed tool interface but instead teaches a contour for gripping by hand. In response, the examiner does not dispute applicant’s understanding of Childs but, the contour for gripping could be interfaced with a tool. In other words there is no structure claimed of the tool interface which differentiates from the contour disclosed in Childs. While the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues that the claims define over Childs because Childs discloses the fastener to only have locked and unlocked positions and fails to teach any torque-limiting feature. In response, the examiner disagrees because in addition of the locked and unlocked positions Childs describes a torque limiting feature. For example in the abstract “the click bolt permits limited torque applied during installation”, and repeatedly throughout the disclosure such as column 8, paragraph beginning line 39, where it describes how the torque limiting feature works, and in the description of Fig. 8b “to permit limited torque during installation” (column 10, paragraph beginning line 21).
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
Prosecution Insights