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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/8/2023 was filed and the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “26” (“curved edge”) (See paragraph [0012]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “110” has been used to designate both “cylindrical shaft” (see paragraphs [0014-0015]) (see Figs. 1, 2, and 3) and “guide” (see paragraph [0014]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4 and 7 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 pre-AIA the applicant regards as the invention.
Claim 4 recites “the step of attracting the predetermined number of fasteners to the edge of the elongated slot comprises attracting the predetermined number of fasteners with shafts in a fan pattern.” The recitation of “attracting the predetermined number of fasteners with shafts in a fan pattern” is confusing and not clearly understood as to how “the predetermined number of fasteners with shafts” could be “in a fan pattern.”
The recited phrase “attracting… in a fan pattern” fails to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 7 recites “pressing the magnet into the elongated hole.” It is pointed out that claim 1 recites “A method of picking a predetermined number of fasteners.” However, the recitation of claim 7 appears to be “a method of constructing and making the device,” instead of picking a predetermined number of fasteners.” Note that “the magnet” needs to be pressed “into the elongated hole” as recited in claim 7 first, before the recitation of claim 1. The method of picking a predetermined number of fasteners as recited claim 1 would not work without constructing by “pressing the magnet into the elongated hole,” as recited in claim 7. Therefore, it is not clearly understood and confusing as to whether applicant is claiming “a method of picking a predetermined number of fasteners” and “a method of constructing and making the device.”
Claim Rejections - 35 USC § 102
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 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 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 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feng et al. (US 2008/0315055).
RE claim 8, Feng et al. (US 2008/0315055) discloses a magnetic material handling tool (see Figs. 1-5) comprising: a body (213) (See Exhibit A) that includes a holding side, a picking side opposite the holding side, a front wall, a rear wall opposite the front wall and opposite side walls (211) that extend between the holding side and the picking side, the body including an elongated slot (214) (see Exhibit B) on the picking side that extends between the opposite side walls along a width of the body and an elongated hole (see Exhibit B) on the picking side that is offset (see Exhibit B) from the elongated slot (214), the elongated slot and the elongated hole extend parallel between the opposite sidewalls providing a gap between the elongated slot and the elongated hole; and a magnet (2231) (paragraph [0021]) is located in the elongated hole. Note that Fig. 4 of Feng et al. (US 2008/0315055), which is another embodiment, also shows a permanent magnet assembly (32, 3251, 3253) enclosed in a housing (313).
RE claim 9, Feng et al. (US 2008/0315055) teaches the elongated slot (214) (See Fig. 1) has a first length and the elongated hole (See Fig. 4) has a second length that is less than the first length as shown in Fig. 1.
RE claim 10, Figs. 1 and 2 of Feng et al. (US 2008/0315055) provide the elongated hole has a closed edge around a perimeter of the elongated hole and the slot (214) has open ends that intersect the opposite side walls (See Fig. 1).
RE claim 11, Figs. 2 and 3 of Feng et al. (US 2008/0315055) show that the magnet is pressed into the elongated hole. Exhibit A
[AltContent: textbox (A holding side)][AltContent: arrow]
[AltContent: textbox (Sidewall)]
[AltContent: textbox (Sidewall)][AltContent: arrow][AltContent: arrow][AltContent: textbox (An elongated slot)][AltContent: textbox (A picking side)][AltContent: arrow][AltContent: arrow]
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Exhibit B
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Claims 8 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ingram (8,997,329).
RE claim 8, Ingram (8,997,329) discloses a magnetic material handling tool (see Figs. 1-13) comprising: a body (See Exhibit C) that includes a holding side (36 of Fig. 4), a picking side (see Fig. 12) opposite the holding side, a front wall , a rear wall opposite the front wall and opposite side walls (34 and 37) that extend between the holding side and the picking side, the body including an elongated slot (42) (see Exhibit C) on the picking side that extends between the opposite side walls along a width of the body and an elongated hole (43) (see Exhibit C) on the picking side that is offset from the elongated slot (42), the elongated slot (42) and the elongated hole (43) extend parallel between the opposite sidewalls providing a gap between the elongated slot and the elongated hole; and a magnet (32) (see Col. 6, lines 5-13, and Col. 7, lines 6-24) is located in the elongated hole.
RE claim 11, Figs. 2, 3, and 6 of Ingram (8,997,329) show that the magnet is pressed into the elongated hole.
Exhibit C
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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 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.
Claims 1-7, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Feng et al. magnetic material handling tool (US 2008/0315055) in view of Lesperance (10,105,751) (see IDS).
RE claims 1 and 2, Feng et al. (US 2008/0315055), as presented above, discloses a magnetic material handling tool, but does not specifically show a of placing the fastener handling tool adjacent the predetermined number of fasteners, and attracting the predetermined number of fasteners to an edge of the elongated slot using the magnet located at the elongated hole. However, Figs. 1-6 of Lesperance (10,105,751) show a predetermined number of fasteners, which are rivets (14, 14) held by a fastener dispensing device (10, 20). Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art or an operator before the effective filing date of the invention to provide a predetermined number of fasteners, which are rivets (14, 14) from a fastener dispensing device (10, 20) of Lesperance (10,105,751) to bring or conveying adjacent to Feng et al. magnetic material handling tool (US 2008/0315055) to attract the number of fasteners for various purposes such as carrying, holding, organizing, or for storage to a user.
RE claim 3, Feng et al. (US 2008/0315055) teaches the elongated slot (214) (See Fig. 1) has a first length and the elongated hole (See Fig. 4) has a second length that is less than the first length as shown in Fig. 1.
RE claim 4, attracting the predetermined number of fasteners and attracting the predetermined number of fasteners to an edge of the elongated slot using the magnet located at the elongated hole of Feng et al. (US 2008/0315055), as best understood, could be in a fan pattern as shown in Fig. 1 of Lesperance (10,105,751).
RE claim 5, Lesperance (10,105,751) reveals that the fasteners (14, 14) are rivets (see Col. 2, lines 59-67).
RE claim 6, Figs. 2 and 3 of Lesperance (10,105,751) teach a predetermined number of fasteners using a guide (24, 34, and 38).
RE claim 7, Figs. 2 and 3 of Feng et al. (US 2008/0315055), as best understood, show that the magnet is pressed into the elongated hole.
Claims 1, 2, and 5-7, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Ingram (8,997,329) in view of Lesperance (10,105,751) (see IDS).
RE claims 1 and 2, Ingram (8,997,329), as presented above, discloses a magnetic material handling tool, but does not specifically show a of placing the fastener handling tool adjacent the predetermined number of fasteners, and attracting the predetermined number of fasteners to an edge of the elongated slot using the magnet located at the elongated hole. However, Figs. 1-6 of Lesperance (10,105,751) show a predetermined number of fasteners, which are rivets (14, 14) held by a fastener dispensing device (10, 20). Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art or an operator before the effective filing date of the invention to provide a predetermined number of fasteners, which are rivets (14, 14) from a fastener dispensing device (10, 20) of Lesperance (10,105,751) to bring or conveying adjacent to Ingram’s magnetic material handling tool (8,997,329) to attract the number of fasteners for various purposes such as carrying, holding, organizing, or for storage to a user.
RE claim 5, Lesperance (10,105,751) reveals that the fasteners (14, 14) are rivets (see Col. 2, lines 59-67).
RE claim 6, Figs. 2 and 3 of Lesperance (10,105,751) teach a predetermined number of fasteners using a guide (24, 34, and 38).
RE claim 7, Figs. 2 and 3 of Ingram’s magnetic material handling tool (8,997,329), as best understood, show that the magnet is pressed into the elongated hole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL T CHIN whose telephone number is (571) 272-2097. The examiner can normally be reached on M-F 8:00-4:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge, can be reached on (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL T CHIN/Primary Examiner, Art Unit 3654
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