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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 04/10/2026 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/10/2026.
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.
Claims 1-16 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 “a method involving a panel” in line 1. This limitation is unclear as to the purpose of the method being claimed. Appropriate correction is required.
Claim 4 recites the limitation “the first centerline is perpendicular to the panel” in line 1. It is unclear in light of the specification how the centerline is simultaneously perpendicular to the panel second surface and at an acute angle from the first panel surface. Appropriate correction is required.
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.
Claim(s) 1-2 and 4-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4601618 A to McEldowney (hereinafter, ‘McEldowney’).
Regarding claim 1, McEldowney discloses a method involving a panel 5, comprising: drilling a first aperture 16 in the panel 5, the panel extending between a panel first surface (lower surface) and a panel second surface (upper surface) arranged opposite the panel first surface (Figs 7-9), the first aperture 16 projecting into the panel along a first centerline X from the panel first surface (Figs 7-9), and the first centerline angularly offset from the panel first surface by a first angle (Col 7, lines 8-15); arranging a first tool 20 with the panel 5, the first tool including a support structure (), a locator 38, and a drill guide 52,54 , the locator 38 mounted to the support structure and projecting into the first aperture 16 (Figs 8-9), and the drill guide mounted to the support structure and arranged adjacent to the panel second surface (Figs 7-9); and drilling a second aperture in the panel using the drill guide (Figs 9-10), the second aperture projecting into the panel 5 along a second centerline from the panel second surface (upper surface) to the first aperture 16, and the second centerline coaxial with the first centerline (Figs 8-10).
Regarding claim 2, McEldowney discloses the method of claim 1, wherein the first angle is an acute angle (Col 7, lines 8-15).
Regarding claim 4, McEldowney discloses the method of claim 2, wherein the first centerline X is perpendicular to the panel second surface (Col 7, lines 8-15).
Regarding claim 5, McEldowney discloses the method of claim 1, wherein the locator 38 comprises a cylindrical pin (Fig 2).
Regarding claim 6, McEldowney discloses the method of claim 1, wherein the drill guide comprises a bushing 54; and the second aperture is drilled using a drill bit 90 that extends through a bore of the bushing 52 (Figs 9-10.
Regarding claim 7, McEldowney discloses the method of claim 1, wherein the support structure includes a first support 22, a second support 50, and a channel between the first support and second support (Figs 3-4); the first support 22 is located adjacent the panel first surface (lower surface, Figs 10), and the locator 38 is mounted to the first support (Fig 2); the second support 50 is located adjacent the panel second surface (upper surface, Figs 7-10), and the drill guide 52,54 is mounted to the second support (Figs 2-4); and the panel projects into the channel (Figs 7-10).
Regarding claim 8, McEldowney discloses the method of claim 7, wherein the locator 38 projects through the first support 22 into the first aperture 16 (Figs 7-9).
Regarding claim 9, McEldowney discloses the method of claim 7, wherein the drill guide projects into the second support 50 (Figs 2-4).
Regarding claim 10, McEldowney discloses the method of claim 7, wherein the first support 22 is connected to the second support 50 by an adjustable joint 34 (Figs 2-4).
Regarding claim 11, McEldowney discloses the method of claim 10, wherein the second support 50 comprises a slot 56; and the first support is connected to the second support by a fastener 60 mated with the slot (Figs 2-4).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over McEldowney.
Regarding claim 3, McEldowney discloses the method of claim 2. McEldowney does not explicitly disclose the acute angle is between eighty-five degrees and eighty-nine degrees.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to determine the range of the angle of the centerline offset from the panel to be between eighty-five and eighty-nine degrees in order to ensure the drilled hole and application of the subsequent fastener is oriented in a direction that does not interfere with other objects are stick out into and area it is unwanted, as would be readily understood to be a benefit to one of ordinary skill in the art, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 12-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC DANIEL WHITMIRE whose telephone number is (703)756-4729. The examiner can normally be reached 8 AM - 4 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K. Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC DANIEL WHITMIRE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
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