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 of figure 304 to specie 128 to claims 72-73, 75-76, 78, 81-82, 85-88, and 112 in the reply filed on 3/9/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 77, 79-80, 83-84, 89-111 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/9/2026.
Claim Objections
Claim 72 is objected to because of the following informalities: line 9 “the a threaded…” is improper. Should it be “a threaded…” instead? Appropriate correction is required.
PRODUCT BY PROCESS CLAIM:
“ The subject matter present is regarded as a product by process claim in which a product is introduced by the method in which it is made. It is the general practice of this office to examine the final product described regardless of the method provided by the applicant.”
Claim 81 last line “before the spring expands” is product by process limitation, and is treated according to the policy set forth above.
Claim 84-85, “pre-compressed…prior to installation”, “prior to activating…”, are product by process limitations, and are treated according to the policy set forth above.
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.
(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) 72-73, 75-76, 78, 81, 84-88, 112 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Espinosa (2017/0089063).
Espinosa (figures 3-4) shows a fastener assembly for attaching a threaded tie(24, 54) rod to a wall member, the fastener assembly comprising: a) a first fastener (62) and a second fastener(64, 60), the first fastener being distinct and separate from the second fastener; b) a pre-compressed spring(56; par. 80 lines 5-8) operably attached to the first fastener and the second fastener as a single unit; and c) the first fastener and the second fastener are slidable along and threaded down the tie rod in a first direction and lockable to the threaded threads of the tie rod along a second direction opposite to the first direction when pushed up along the tie rod(per parts 70 and/or 82).
Per claim 73, Espinosa further shows a fastener assembly comprising: a) coil spring(56) in a pre-compressed state, the coil spring having sufficient inside diameter to slide down the tie rod(figure 3); and b) a restraint (par. 80 lines 5-8) to keep the spring in the pre-compressed state, the restraint being releasable to activate the coil spring after installation.
Per claim 75, Espinosa (figures 3-4) shows a fastener assembly, comprising: a) a first fastener (62) and a second fastener(64, 60) for being attached to a threaded tie rod(24, 54), the first fastener and the second fastener being slidable along the threaded tie rod in a first direction when attached to the threaded tie rod, the first fastener for being lockable(per part 70, 72), to the threaded tie rod to resist a load in a second direction opposite to the first direction when installed to the threaded tie rod; and b) a spring(56) operably operating on the first fastener and the second fastener to urge the first fastener in the first direction, the second fastener for being lockable to the threaded tie rod in the second direction to restrain the spring when installed to the threaded tie rod(per part 82).
Per claim 76, Espinosa further shows a lower end of the spring bears on a top portion of the first fastener(at 68) and an upper end of the spring bears on a bottom portion of the second fastener.
Per claim 78, Espinosa further shows the second fastener includes a cylindrical tube portion(60, figure 4) the spring is disposed around the cylindrical tube portion.
Per claim 81, Espinosa further shows the spring is in a compressed state before installation; and b) the second fastener bears on the first fastener before the
spring expands (Product by process limitations).
Per claim 84, Espinosa further shows the spring, the first fastener and second fastener are joined together as a unit prior to installation (Product by process limitation).
Per claim 85, Espinosa further shows a) the spring is in a pre-compressed state prior to installation(product by process limitation and see also par. 80 lines 5-8); and b) the first fastener, the spring and the second fastener are joined together as a unit prior to activating the spring (product by process limitations).
Per claim 86, Espinosa further shows a clip(58; figure 4) is removably attached to the first fastener and the second fastener to keep the spring in the pre-compressed state.
Per claim 87, Espinosa further shows a) the first fastener includes a body with an opening for receiving the threaded tie rod; and b) the body includes flexible fingers (82) disposed in the opening, the flexible fingers for flexing outwardly from the threaded tie rod to allow sliding of the body along the threaded tie rod in the first direction and for flexing inwardly to lock into the threaded tie rod to resist movement in the second direction.
Per claim 88, Espinosa further shows a) the second fastener includes a body with an opening for receiving the threaded tie rod; and b) the body including flexible fingers(70) disposed in the opening, the flexible fingers for flexing outwardly from the threaded tie rod to allow sliding of the body along the threaded tie rod in the first direction and for flexing inwardly into the threaded tie rod to resist movement in the second direction.
Per claim 112, Espinosa further shows the second fastener(64, 88) includes a cylindrical tube portion(60) with shoulder portions; and b) the clip(58) engages the shoulders to hold the first fastener and the second fastener together against the pre-compressed spring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different tension fastener assemblies.
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/PHI D A/ Primary Examiner, Art Unit 3633