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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 18, 2026 has been entered.
Response to Amendment
Claims 1 and 9 have been amended. Therefore, claims 1-2, 4-9, and 11 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Final Office Action mailed January 16, 2026.
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) 1, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu (TWI683966B), hereinafter "Hsu-1", in view of Hettich (US6328516B1), hereinafter "Hettich".
Regarding claim 1, Hsu-1 teaches a screw (Fig 2, screw 20), comprising:
functional sections (see Fig 2) that merge (see Fig 2) or are adjacent (see Fig 2) to each other (see Fig 2) as follows:
a) a threaded tip (see Fig 2, Paragraph 0011, Examiner notes screw-in portion 26 as a threaded tip) shaped as a cone (see Fig 2, Paragraph 0011, Hsu-1 indicates cone shape) having a double thread (see Fig 2, Paragraphs 0012-0013, Examiner notes first thread 24 and second thread 42 as having a double thread), the double thread (see Fig 2) comprising a main thread (Fig 2, first thread 24) and a secondary thread (Fig 2, second thread 42);
b) a substantially cylindrical milling section (see Fig 2, Examiner notes a lower portion of lower section 34, i.e. the lower portion of lower section 34 having ribs 44, as a substantially cylindrical milling section) having a plurality of milling ribs (Fig 2, ribs 44) and having an outside diameter DF (see Fig 5, Paragraph 0014, Examiner notes an outer diameter of ribs 44, i.e. twice a radial distance A as illustrated in Fig 5, as having an outside diameter DF) measured across (see Fig 5) the plurality of milling ribs (44);
c) a substantially cylindrical shank section (see Fig 2, Examiner notes an upper portion of lower section 34, i.e. the upper portion of lower section 34 without ribs 44, as a substantially cylindrical shank section) carrying only (see Fig 2) the main thread (24) which has a thread outside diameter DN (see Figs 2-3, Examiner notes an outer diameter of first thread 24 as has a thread outside diameter DN) on the substantially cylindrical shank section (see Fig 2);
d) a substantially cylindrical, thread-free shank section (Fig 2, upper section 36);
e) a head section (Fig 2, head 28) with a force engagement (Fig 2, receiving hole 32);
f) the main thread (24) extends continuously (see Fig 2) and with a constant pitch (see Figs 2 and 4, pitch P) from a tip section (Fig 2, screw-in portion 26) of the cone (see Fig 2) through the substantially cylindrical milling section (see Fig 2) to a head end (see Fig 2, Examiner notes an end of the upper portion of lower section 34, i.e. the upper portion of lower section 34 without ribs 44, adjacent upper section 36 as a head end) of the substantially cylindrical shank section (see Fig 2) that carries only (see Fig 2) the main thread (24); and
g) the plurality of milling ribs (44) of the substantially cylindrical milling section (see Fig 2) are arranged recessed (see Fig 2) in a thread base (see Fig 5, Examiner notes a thread root of first thread 24 as a thread base) of the main thread (24) which is continuous (see Figs 2 and 5) such that thread tips (see Fig 5, Examiner notes thread crests of first thread 24 extending through ribs 44 as thread tips) of the main thread (24) with a nominal outer diameter DB (see Fig 5, Examiner notes an outer diameter of the thread crests of first thread 24 extending through ribs 44 has a nominal outer diameter DB) in the substantially cylindrical milling section (see Fig 2) project beyond (see Fig 5) the plurality of milling ribs (44) with DF<DB (see Fig 5).
Hsu-1 fails to teach a plurality of milling ribs formed as a steep thread and wherein, a projection of a respective thread crest of one of said plurality of milling ribs onto a longitudinal axis of the screw forms an angle of 30° ±10° therewith, with ends of the plurality of milling ribs that extend toward the substantially cylindrical shank section being in an advanced position in a screwing-in direction relative to ends of the plurality of milling ribs that extend toward the threaded tip.
However, Hettich teaches it is known to provide a plurality of milling ribs (see Fig 2, fins 24, Examiner notes fins 24 left of transition 25 as a plurality of milling ribs) formed as a steep thread (see Fig 2, Col 3, lines 5-13, Examiner notes inclined at an angle as formed as a steep thread) and wherein, a projection (see Fig 2) of a respective thread crest (see Fig 2, edge 23, Examiner notes edges 23 of fins 24 left of transition 25 as a respective thread crest) of one (see Fig 2) of said plurality of milling ribs (24) onto a longitudinal axis (Fig 1, axis 28) of the screw (see Figs 1-2) forms an angle (Fig 2, inclination 13) of 30° ±10° (Col 3, lines 5-13, Hettich indicates up to 20°) therewith, with ends (see Figs 1-2, Examiner notes ends of fins 24 left of transition 25 and distal portion 26 as ends) of the plurality of milling ribs (24) that extend (see Fig 2) toward the substantially cylindrical shank section (Fig 2, portion 20) being in an advanced position in a screwing-in direction (Col 3, lines 5-13, Examiner notes inclined towards the screw-in direction as being in an advanced position in a screwing-in direction) relative to ends (see Figs 1-2, Examiner notes ends of fins 24 left of transition 25 and adjacent portion 26 as ends) of the plurality of milling ribs (24) that extend (see Fig 2) toward the threaded tip (Fig 2, tip 22).
Therefore, as evidenced by Hettich, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a plurality of milling ribs of Hsu-1 to be formed as a steep thread and wherein, a projection of a respective thread crest of one of said plurality of milling ribs onto a longitudinal axis of the screw forms an angle of 30° ±10° therewith, with ends of the plurality of milling ribs that extend toward the substantially cylindrical shank section being in an advanced position in a screwing-in direction relative to ends of the plurality of milling ribs that extend toward the threaded tip as taught by Hettich. The rationale for supporting this conclusion of obviousness is to provide an optimum cutting effect (Hettich, Col 3, lines 47-52).
Regarding claim 6, modified Hsu-1 teaches the screw (20) according to claim 1 and further teaches wherein the secondary thread (42) starts (Fig 5, lower end 46) in the tip section (26) of the cone (see Fig 2), and has a thread height (see Figs 2-5, Examiner notes a thread height of second thread 42 as has a thread height) that increases continuously (see Figs 2-5) and decreases (see Figs 2-5) again after half a length (see Figs 2-5, Paragraphs 0011-0013, Examiner notes half a longitudinal length of screw-in portion 26 as half a length) of the cone (see Fig 2) and runs out (Fig 5, upper end 48) in a transition area (see Fig 5, Paragraphs 0011-0013, Examiner notes an area of screw-in portion 26 adjacent bottom end 38 of lower section 34 of rod portion 30 as a transition area) of the cone (see Fig 2) and the milling section (see Fig 2).
Regarding claim 8, modified Hsu-1 teaches the screw (20) according to claim 1 and further teaches wherein a flank height (see Fig 5, Examiner notes a flank height of first thread 24 as a flank height) of the main thread (24) at a transition (see Fig 5, Paragraphs 0011-0013, Examiner notes an area of screw-in portion 26 adjacent bottom end 38 of lower section 34 of rod portion 30 as a transition) of milling section (see Fig 2) to the cone (see Fig 2), starting from (see Fig 5) the outer diameter DB (see Fig 5), continuously decreases (see Fig 5) over the cone (see Fig 2) as the cone (see Fig 2) tapers (see Fig 5) and runs out (see Fig 5) in the tip section (26) of the cone (see Fig 2).
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu-1, in view of Hettich and Keller et al. (EP3415773A1), hereinafter "Keller-1".
Regarding claim 2, modified Hsu-1 teaches the screw (20) according to claim 1 but fails to teach further comprising a holding thread section arranged between the thread-free shank section and the head section, and the holding thread section is configured as a short holding thread with 1 to 3 turns followed by a thread-free underhead section.
However, Keller-1 teaches it is known to provide comprising a holding thread section (Fig 5, threaded section 13) arranged between (see Fig 5) the thread-free shank section (Fig 5, thread-free shaft section 14) and the head section (Fig 5, head 11), and the holding thread section (13) is configured as a short holding thread with 1 to 3 turns (see Fig 5, Paragraph 0015, Examiner notes 0.5 to 1.5 winding lengths as a short holding thread with 1 to 3 turns) followed by (see Fig 5) a thread-free underhead section (Fig 5, thread-free lower head section 12).
Therefore, as evidenced by Keller-1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped holding thread section and thread-free underhead section as taught by Keller-1 to modified Hsu-1. The rationale for supporting this conclusion of obviousness is to increase the safety of handling and to increase the holding forces in the installed state (Keller-1, Paragraphs 0009 and 0012).
Regarding claim 4, modified Hsu-1 teaches the screw (20) according to claim 2 and further teaches wherein a length (Keller-1, Paragraphs 0011-0012) of the holding thread section (13) is between 2 and 5 mm (Keller-1, Paragraphs 0011-0012, Examiner notes 3.5 mm as wherein a length of the holding thread section is between 2 and 5 mm).
Modified Hsu-1 fails to teach wherein a length of the thread-free underhead section is between 2 and 5 mm.
However, Keller-1 teaches it is known to provide wherein a length of the thread-free underhead section is considered according to two application cases, e.g. with an additional washer and/or sealing elements or without additional elements (Paragraph 0024).
It would have been an obvious matter of design choice to have modified a length of the thread-free underhead section as disclosed by modified Hsu-1 to be between 2 and 5 mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 (IV)(A). The rationale for supporting this conclusion of obviousness is to provide a length of the thread-free underhead section based on application and requirements, e.g. with an additional washer and/or sealing elements or without additional elements (Keller-1, Paragraph 0024).
Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu-1, in view of Hettich and Keller et al. (EP3617533A1), hereinafter "Keller-2".
Regarding claim 5, modified Hsu-1 teaches the screw (20) according to claim 1 and further teaches wherein the main thread (24) is configured symmetrically (see Figs 2-5) but fails to teach with a flank angle of 60° ±3°.
However, Keller-2 teaches it is known to provide wherein the main thread (Figs 1-2, first thread 21) is configured symmetrically (see Figs 1-2, Paragraph 0016, Keller-2 indicates symmetrically) with a flank angle (Fig 2, flank angle ϕ) of 60° ±3° (see Figs 1-2, Paragraph 0015, Keller-2 indicates 60° ±5°).
Therefore, as evidenced by Keller-2, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the main thread of modified Hsu-1 to be configured symmetrically with a flank angle of 60° ±3° as taught be Keller-2. The rationale for supporting this conclusion of obviousness is to provide a known flank angle which provides high-pull out forces (Keller-2, Paragraph 0014).
Regarding claim 9, modified Hsu-1 teaches the screw (20) according to claim 1 but fails to teach wherein an apex angle of a conical envelope formed by tangents at thread tips of the main thread on the cone, which form a common intersection with the longitudinal axis of the screw, is 35° ±5°.
However, Keller-2 teaches it is known to provide wherein an apex angle (Fig 3, tip angles α and β) of a conical envelope (see Fig 3) formed by tangents (see Fig 3, Paragraphs 0021-0022, Keller-2 indicates tangents) at thread tips (see Fig 3, Paragraphs 0021-0022, Keller-2 indicates thread tips) of the main thread (Figs 1 and 3, first thread 21) on the cone (Fig 1, tip region 13), which form (see Fig 3) a common intersection (see Fig 3, Paragraphs 0021-0022, Keller-2 indicates intersection point) with the longitudinal axis (Fig 1, axis of symmetry 20) of the screw (Fig 1, screw 10), is 35° ±5° (see Fig 3, Paragraphs 0021-0022, Keller-2 indicates α is between 30° and 36° and β is 25° < β < 30°).
Therefore, as evidenced by Keller-2, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an apex angle of modified Hsu-1 to be 35° ±5° as taught by Keller-2. The rationale for supporting this conclusion of obviousness is to provide angles which are a compromise between the stability of the tip and the ability to penetrate the material (Keller-2, Paragraphs 0021-0022).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu-1, in view of Hettich and Hsu et al. (US20200271151A1), hereinafter "Hsu-2".
Regarding claim 7, modified Hsu-1 teaches the screw (20) according to claim 1 but fails to teach wherein the thread outside diameter DN of the main thread in the substantially cylindrical shank section is larger than the nominal outer diameter DB of the main thread in the substantially cylindrical milling section.
However, Hsu-2 teaches it is known to provide wherein the thread outside diameter DN (Fig 4, diameter D5) of the main thread (Fig 4, first locking thread 23) in the substantially cylindrical shank section (Fig 4, main shank portion 21) is larger (see Fig 4, Paragraph 0018) than the nominal outer diameter DB (Fig 4, diameter D4) of the main thread (Fig 4, second locking thread 24) in the substantially cylindrical milling section (Fig 4, tapered portion 22).
Therefore, as evidenced by Hsu-2, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine wherein the thread outside diameter DN of the main thread in the substantially cylindrical shank section is larger than the nominal outer diameter DB of the main thread in the substantially cylindrical milling section as taught by Hsu-2 to modified Hsu-1. The rationale for supporting this conclusion of obviousness is to reduce screwing resistance of the locking thread of the main shank portion facilitating screwing into workpieces more smoothly and effortlessly (Hsu-2, Paragraphs 0005-0006 and 0019-0020).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hsu-1, in view of Hettich and Benz (DE102012215645A1), hereinafter "Benz".
Regarding claim 11, modified Hsu-1 teaches the screw (20) according to claim 1 but fails to teach wherein the screw comprises a bimetal screw, and substantially cylindrical, thread-free shank section, the substantially cylindrical shank section and the head section are formed of stainless steel, and the cone and the substantially cylindrical milling section are formed of carbon steel and a transition point between the stainless steel and the carbon steel is located in the substantially cylindrical shank section carrying the main thread.
However, Benz teaches it is known to provide wherein the screw (see Fig 4) comprises a bimetal screw (see Fig 4, Paragraph 0036, Examiner notes area A made of A2 stainless steel and area B made of hardened carbon steel as comprises a bimetal screw), and the substantially cylindrical shank section (see Figs 1 and 4, Examiner notes a section of screw shaft 1 in area A having thread 6 as the substantially cylindrical shank section) and the head section (Figs 1 and 4, head 2) are formed of stainless steel (see Fig 4, Paragraph 0036, Examiner notes area A made of A2 stainless steel as formed of stainless steel), and the cone (Figs 1 and 4, screw tip 4) is formed of carbon steel (see Fig 4, Paragraph 0036, Examiner notes area B made of hardened carbon steel as formed of carbon steel) and a transition point (Fig 4, separation point 7) between the stainless steel (see Fig 4) and the carbon steel (see Fig 4) is located (see Fig 4) in the substantially cylindrical shank section (see Fig 4) carrying (see Fig 4) the main thread (Fig 4, thread 6).
Therefore, as evidenced by Benz, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine wherein the screw comprises a bimetal screw as taught by Benz to modified Hsu-1 to result in the substantially cylindrical, thread-free shank section, the substantially cylindrical shank section and the head section are formed of stainless steel, and the cone and the substantially cylindrical milling section are formed of carbon steel and a transition point between the stainless steel and the carbon steel is located in the substantially cylindrical shank section carrying the main thread. The rationale for supporting this conclusion of obviousness is to facilitate improving assembly, reliability, and durability of the screw, i.e. elimination of preforming holes in a profile sheet, improving corrosion resistance, etc. (Benz, Paragraph 0007).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any teaching or matter specifically challenged in the argument.
Conclusion
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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