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 (Claims 1-9) drawn to the handling tool apparatus, in the reply filed on 12/16/2025 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/232023 is being considered.
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 9 is 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 9 recites the limitation “wherein the fastening device further comprises a rivet nut having a rivet head and an inner threading… and a fastening bolt being configured to engage with the inner threading of the rivet nut”. It is unclear if the rivet nut and the fastening bolt are the same or different components recited in claim 1. As such the claim is determined to be indefinite. For Examination purposes, the claim is to be interpreted as “wherein the the fastening bolt being configured to engage with the inner threading of the rivet nut”
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Junkers (US 2017/0021478).
Regarding claim 1, Junkers discloses a handling tool for use in heavy duty machinery for preventing rotation of a rivet nut during fastening of a lining element to a surface of a body steel plate (intended use), the handling tool comprising:
an elongated hollow cylindrical body (Item 17) having a first end (figure 5d bottom of page) and a second end (figure 5d top of page); and
an engagement portion (item 61) arranged at the first end of the cylindrical body, which engagement portion is engageable with -- a tool engaging portion of a rotational-locking washer (Item 3) of a fastening device further comprising the rivet nut (Item 36) and a fastening bolt (Item 24), such to provide a rotation preventing engagement therebetween--.
Please note the claim is directed to a handling tool not to the fastener. The structural features of the tool do not directly affect the fastener in which its intended to be used upon. In this instance, the tool is capable of engaging with a washer. The structural limitations directed towards the nut and the bot are viewed as intended use since the claim is directed toward the handling tool.
Regarding claim 2, Junkers discloses the handling tool according to claim 1, wherein the engagement portion does not extend radially outwards of the cylindrical body (Figure 5d).
Regarding claim 3, Junkers discloses the handling tool according to claim 1, wherein the engagement portion comprises at least one protrusion extending radially inwards of the cylindrical body, the at least one protrusion being engageable with a groove of the tool engaging portion of the rotational- locking washer, the groove extending radially inwards of an outer perimeter of the rotational- locking washer (Item 61 has a plurality of protrusions, best shown in Figure 5c).
Regarding claim 4, Junkers discloses the handling tool according to claim 3, wherein the engagement portion comprises four protrusions distributed around an inner perimeter of the first end of the cylindrical body, each protrusion extending radially inwards of the cylindrical body and being engageable with a corresponding groove extending radially inwards of the outer perimeter of the rotational-locking washer (the plurality of protrusions is more than 4).
Regarding claim 5, Junkers discloses the handling tool according to claim 1, wherein the fastening bolt is receivable within the cylindrical body of the handling tool from the second end thereof for engagement with the rivet nut and the rotational-locking washer when the engagement portion of the handling tool is in engagement with the tool engaging portion of the rotational-locking washer (Although the bolt is shown protruding upwards toward the second end, the claim only requires the bolt to be received within the cylindrical body. The length of the bolt, the diameter of the bolt, and any other characteristics of the bolt are viewed as intended use since the claims are directed toward the tool not the fastener).
Regarding claim 6, Junkers discloses the handling tool according to claim 1, wherein the elongated cylindrical body of the handling tool is perpendicular to the radial extension of the rotational-locking washer when the engagement portion of the handling tool is engaged with the tool engaging portion of the rotational-locking washer (Figure 5d).
Regarding claim 7, Junkers discloses the handling tool according to claim 1, wherein the engagement portion is arrangeable to extend along the entire perimeter of the rotational-locking washer (Figures 5c and 5d).
Regarding claim 8, Junkers discloses the handling tool according to claim 1, wherein the handling tool is arrangeable with its engagement portion in engagement with the tool engaging portion of the rotational-locking washer of the fastening device, and in abutment with a fastening portion of a lining element to be fastened to a surface of a body steel plate when the rotational-locking washer is arranged at the fastening portion, the rotational-locking washer having a central opening being shaped and configured to receive a rivet head of the rivet nut in a rotationally locked engagement. (this claim is viewed as intended use. Junkers can be used in the described scenario)
Regarding claim 9, Junkers discloses the handling tool according to claim 1, wherein the engagement portion is engageable with a tool engaging portion of a rotational-locking washer of a fastening device for use in heavy-duty machinery for fastening a lining element to a surface of a body steel plate, such as a haul truck body, wherein the fastening device further comprises a rivet nut having a rivet head and an inner threading, the rivet nut being configured to be inserted into a through hole of the body steel plate such that the rivet head engages the surface and being configured to be subsequently compressed for attachment to the body steel plate; and a fastening bolt being configured to engage with the inner threading of the rivet nut and having a bolt head configured to press the rotational-locking washer towards the surface of the body steel plate, wherein the rotational-locking washer comprises a central opening being shaped and configured to receive the rivet head in a rotationally locked engagement, and the engagement of the engagement portion of the handling tool with the tool-engagement portion of the rotational-locking washer is configured to prevent rotation of the rotational-locking washer, and thereby prevent rotation of the rivet nut, during fastening of a lining element between the rotational-locking washer and the surface of the body steel plate. (this claim is viewed as intended use. Junkers can be used in the described scenario)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOM RODGERS/Primary Examiner, Art Unit 3723