DETAILED ACTION
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 3 is rejected for being indefinite since the claim recites a crest with to diameter relationship of D = (.025-.20)D which contradicts the relationship in claim 1 of D = (.3-.4)D.
Response to Arguments
The previous 35 U.S.C. 112 (b) rejection of claims 2, 3, and 13 are withdrawn in light of the amendments to the claims.
The remarks regarding the 35 U.S.C. 102 (a)(1) rejections have been considered and are persuasive in light of the amendment to claim 1. However, the amendment to claim 1, necessitates a new 35 U.S.C. 112 (b) rejection of claim 3.
The remarks regarding the 35 U.S.C. 103 rejections have been considered and are persuasive in light of the amendment to claim 1.
Allowable Subject Matter
Claims 1, 2, 4, 5, 6, 7, 8, 9, 10, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20 and 21 are allowed. The prior art does not teach or fairly suggest a screw with the combination of the relationship of the three sectors configuration and the crest to diameter relationship in each of the three sectors, and the constant crest with over one or two pitches as claimed in independent claim 1.
Claim 3 is rejected under 35 U.S.C. 112 (b) but would be allowed if the indefinite rejection above is overcome.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774