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 .
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1,8,11 recite in the preamble “A bit for a carpentry system”, which appears to be drawn to a bit. The claims recite structure of the bit and then the claims further recite “a carpentry trim”, it is unclear how the bit comprises the trim. The claim appears to be claiming both a bit device and a trim device and a method of using the bit to create a slot in the trim. The scope and meets and bounds of the claim cannot be determined as it is unclear what structure is encompassed by the claim.
Further the claims recite the trim “defining the magnifying glass shaped slot n a back face.. from a use of the slot bit”, this appears to be a recitation of an intended use or a recitation of a method step of using, it is unclear what is encompassed by the claim limitation. Further the bit does not comprise a magnifying glass shaped slot so the claimed phrase “trim defining the magnifying glass shaped slot” is confusing as there is no previous magnifying glass shaped slot in the trim and it is unclear how the bit comprises the magnifying glass shaped slot of the trim. The claims also recite “having the handle portion adjacent the back and the circular portion adjacent the handle portion” which is confusing as there is lack of antecedent basis for “the back” and the handle portion and circular portion are only previously recited as related to the bit, there no antecedent basis for those features associated with the trim.
The claims are so confusing as it is unclear what is being claimed and what the scope of the claimed invention is as it appears to be a claim comprising to independent devices and a method of making.
Regarding claims 2-7,9-10,12-20 the preamble recites a bit, however the body of the claim is drawn to a trim system. It is unclear how the bit is structurally related to or comprises the structure of the trim causing confusion regarding the scope of the claimed invention.
Claim 4 recites “a magnifying glass shaped slot adjacent each end of the carpentry and one in a mid-portion” it is unclear if these are the same as or in addition to the magnifying glass shaped slot recited in claim 1 causing confusion regarding the scope of the claim.
It is unclear how a single (as claim 1 recites “a” singular magnifying glass shaped slot, can be positioned at each end which is plural. How is it in two places. Additionally the claim recites “and one”, it is unclear what structure “one” is referring to. Is it the previously recited magnifying glass shaped slot, and if so how is it also in a third location when there is just one? If it is different than the previously recited magnifying glass shaped slot it is unclear what is encompassed by “one”. Accordingly, the scope and meets and bounds of the claim are unclear causing confusion.
Claim 6 recites “the carpentry trim is a baseboard molding and a crown molding” it is unclear how it is all of these causing confusion regarding the scope of the claim. Further it is unclear what structural features define it as a baseboard molding and a door casing, these appear to be recitations of an intended use and do not further define the structural features of device. Accordingly, the scope of the claim is confusing.
Claim 8 recites “the head is received into the circular portion and a body thereof”, it is unclear if this second recitation of “a body” is the same as or in addition to the recitation “a body” in the preceding line.
Claim 8 recites at lines 14-15 the offset fastener tip plastic ribs” which lacks antecedent basis in the claim. At line 10 the claim recites “an offset fastener having a head offset from a body and a body and a tip thereof” but there is not recitation of a plastic ribs.
Additionally the claim recites “the head slides through the recess portion” where “the recess portion” lacks antecedent basis in the claim. It is unclear if this is referring to or in addition to the recitation “a recess” previously in the claim.
Claim 10 recites “the offset fastener comprises a double head”, it is unclear if this includes the head previously recited in claim 8 or is a double head in addition to the previously recited head causing confusion regarding the scope of the claimed invention.
Claims 11,20 recite “”an offset fastener having a head offset from a body comprising plastic ribs” (claim 11) and then claim 20 “the offset fastener tip plastic ribs”, the previously recited plastic ribs appear to be on the body not the tip. Therefore it is unclear how the metal plate can receive and catch the offset fastener tip plastic ribs against an edge of the hole therein when the plastic ribs are part of the body of the offset fastener (as best understood, see new matter noted above).
Claims 19,20 recite that the metal plate “is configured with a hole there through to receive and to catch the offset fastener tip plastic ribs against an edge of the hole”, however the claim depends from claim 19 which recites a metal plate “configured to receive the offset fastener body into a threaded opening therein and to itself fasten onto the backing trim”. It is unclear how the fastener is received in both a threaded opening of the metal and a hole of the metal and how both the body (received into the threaded opening” and the tip (received in the hole) are received by the metal plate in two different hole/opening. Accordingly the claim will be examined as best understood.
Claim 23 recites “the offset fastener plastic ribs catch on a hole edge of the grommet and resist withdrawal therefrom via the plastic ribs, however claim 8 from which it depends recites that the metal plate is configured to receive and catch the “offset fastener tip plastic ribs against and edge of a hole therein to itself fasten onto a wall”. It is unclear how the offset fastener tip plastic ribs and the offset fastener plastic ribs (previously recited as being part of the body of the offset fastener as noted above), are both received and catch against a hole edge of the metal plate and a hole edge of the grommet. Accordingly the claim will be examined as best understood.
Specification
The disclosure is objected to because of the following informalities:
The use of the term Dremel, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
the specification does not disclose or describe a grommet on the body of the offset fastener, as claimed in claim 9, therefore it is unclear what this structure is causing confusion regarding the scope of the claim and invention.
The specification does not disclose or describe the offset fastener comprises a double head, and a second head provides the offset, as in claim 10, therefore it is unclear what this structure is causing confusion regarding the scope of the claim and invention.
The specification does disclose or describe a backing trim providing a fastening substrate for a plurality of fastener therefrom into the carpentry trim as claimed in claim 11 causing confusion regarding the scope of the claim and invention.
The specification does not disclose or describe a knurl in a perimeter of the head of the offset fastener as claimed in claim 14 causing confusion regarding the scope of the claim and invention.
The specification does not disclose or describe a fastener having a body having plastic ribs and a tip thereof as in claims 2,11; or that the plastic ribs catch on a hole edge of the grommet and resist withdrawal therefrom via the plastic ribs. The specification does appear to describe a known prior art fastener for automobile trim with plastic ribs, but this does not constitute a description or teaching of the fastener of applicants invention having plastic ribs that catch on a hole edge of the grommet as in claims 5,15 (the specification does not describe a grommet having a hole edge).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, offset fastener plastic ribs as in claims 2,5,11,15; the plastic ribs catch on a hole edge of the grommet as in claims 5,15; the grommet on the body of the offset fastener as in claim 9; the offset fastener comprises a double head as in claim 10; knurl as in claim 14; the baseboard molding and door casing;; must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
In view of the above noted issues, all claims will be examined as best understood.
Claim Rejections - 35 USC § 103
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bains (4266386) in view of Nakanishi (5595226).
Claim 1 (as best understood). Bains discloses a carpentry trim defining a magnifying glass shaped slot (640 or 100) in a back face of the carpentry trim from a use of the slot bit and having the handle portion (72 or 106) adjacent the back and the circular portion (70 or 104)adjacent the handle portion and comprising a recess of a width and a depth.
Bains does not disclose a bit for a carpentry system and comprising:a slot bit with a first cutting larger head on an end of a shaft of the slot bit to cut a circular portion of a magnifying glass shaped slot via teeth in a face and a circumference thereof and a second annularly adjacent cutting smaller head to cut a handle portion of the magnifying glass shaped slot via circumferential teeth thereof.
Nakanishi discloses a slot bit (figure 4) comprising a first cutting larger head (3) on an end of a shaft (1) of the slot bit to cut a circular portion of a magnifying glass shaped slot via teeth (3a,b) in a face and a circumference thereof and a second annularly adjacent cutting smaller head (2) to cut a handle portion of the magnifying glass shaped slot via circumferential teeth (23,24) thereof.
At the time the invention was effective filed it would have been obvious to one of ordinary skill in the art to pursue known design options and have a slot bit with a larger head adjacent a smaller head for making a magnifying glass shaped slot in the trim of Bains to achieve the predictable result of simplifying the slotting process through the use of a single bit to achieve the magnifying glass shaped slot.
Claim 2. Bains discloses the bit for the carpentry system of claim 1, further comprising an offset (50) fastener having a head offset from a body (as seen in the figures and noted in the disclosure) having plastic ribs (52 or the threads of the bolt 50) and a tip thereof wherein the head is received into the circular portion and the body thereof slides through the handle portion as the head slides through the recess and rests therein (as noted throughout the disclosure and seen in the figures).
Claim 3. The bit for the carpentry system of claim 1, further comprising a grommet (40) with a taper pointing towards the magnifying glass shaped slot and extending from the recess and around the offset fastener and adjacent the magnifying glass shaped slot (as noted in the figures) to provide a frictional spacer there between (as noted throughout the disclosure).
Claim 4. The bit for the carpentry system of claim 1, wherein the magnifying glass shaped slot is placed adjacent each end of the carpentry trim and one in a mid- portion there between (as seen in the figures).
Claim 5 (as best understood). The bit for the carpentry system of claim 1, wherein the offset fastener plastic ribs catch on a hole edge of the grommet and resist withdrawal therefrom via the plastic ribs (as seen in the figures where the ribs resist withdrawal once installed).
Claim 6 (as best understood). The bit for the carpentry system of claim 1, wherein the carpentry trim is a baseboard molding and a door casing (where it is part of a structure and can be considered to be a baseboard molding and/or door casing as it acts as a baseboard or casing for the structure).
Claim 7. The bit for the carpentry system of claim 1, wherein the teeth in a face of the cutting larger head are radial cutting teeth (as seen in the figures and note din the disclosure of Nakansishi).
Claim 8. Bains discloses a carpentry trim defining a magnifying glass shaped slot (64 or 100) in an edge of the carpentry trim having the handle portion (72 or 106) and the circular portion (70 or 104) via a use of the slot bit wherein the handle portion flanges out into a recess of a width and a depth equal to a width and a depth of the circular portion;
an offset fastener (50) having a head offset from and a body and a tip thereof wherein the head is received into the circular portion and a body thereof slides through the handle portion as the head slides through the recess portion and rests therein (as seen in the figures and note din the disclosure);
a metal plate (16 or 14) configured to receive and catch the offset fastener tip plastic ribs against an edge of a hole therein and to itself fasten onto a wall (as noted in the figures and disclosure); and
a grommet (40) with a taper pointing towards the magnifying glass shaped slot and extending from the recess and around the offset fastener and adjacent the magnifying glass shaped slot and the metal plate to provide a frictional fit there between (as noted in the figures and disclosure).
Bains does not disclose a bit for a carpentry system and comprising:a slot bit with a first cutting larger head on an end of a shaft of the slot bit to cut a circular portion of a magnifying glass shaped slot via teeth in a face and a circumference thereof and a second annularly adjacent cutting smaller head to cut a handle portion of the magnifying glass shaped slot via circumferential teeth thereof.
Nakanishi discloses a slot bit (figure 4) comprising a first cutting larger head (3) on an end of a shaft (1) of the slot bit to cut a circular portion of a magnifying glass shaped slot via teeth (3a,b) in a face and a circumference thereof and a second annularly adjacent cutting smaller head (2) to cut a handle portion of the magnifying glass shaped slot via circumferential teeth (23,24) thereof.
At the time the invention was effective filed it would have been obvious to one of ordinary skill in the art to pursue known design options and have a slot bit with a larger head adjacent a smaller head for making a magnifying glass shaped slot in the trim of Bains to achieve the predictable result of simplifying the slotting process through the use of a single bit to achieve the magnifying glass shaped slot.
Claim 9. The bit for the carpentry fastening system of claim 8, wherein the grommet on the body of the offset fastener is configured to provide a high durometer spacer between the back of the carpentry trim and the head of the offset fastener (as noted in the disclosure where it is capable of the claimed use).
Claim 10 (as best understood). The bit for the carpentry fastening system of claim 8, wherein the offset fastener comprises a double head wherein a first head (at 50,52) is received into the recess and a second head (42) provides the offset.
Claim 11. Bains discloses a carpentry trim defining the magnifying glass shaped slot (64 or 100) in a back of the carpentry trim having a handle portion (72 or 106) adjacent the back and a circular portion and comprising a recess of a width and a depth via a use of the slot bit in a drill;
an offset fastener (50) having a head offset from and a body comprising plastic ribs (52 or the threads of 50) and a tip thereof (as seen in the figures and noted throughout the disclosure) wherein the head is received into the circular portion and a body thereof slides through the handle portion as the head slides through the recess therein (as noted in the figures and disclosure);
a backing trim (16 or 14) configured to be adjacent the back of the carpentry trim and provide a refastening substrate for a plurality of fasteners therefrom into the carpentry trim after a removal of the carpentry trim from a wall (as noted in the figures and disclosure); and
a grommet (40) with a taper pointing towards the magnifying glass shaped slot and extending from the recess around the offset fastener and adjacent the magnifying glass shaped slot and the backing trim to provide a frictional spacer fit there between (as noted in the figures and disclosure).
Bains does not disclose a bit for a carpentry system and comprising:a slot bit with a first cutting larger head on an end of a shaft of the slot bit to cut a circular portion of a magnifying glass shaped slot via teeth in a face and a circumference thereof and a second annularly adjacent cutting smaller head to cut a handle portion of the magnifying glass shaped slot via circumferential teeth thereof.
Nakanishi discloses a slot bit (figure 4) comprising a first cutting larger head (3) on an end of a shaft (1) of the slot bit to cut a circular portion of a magnifying glass shaped slot via teeth (3a,b) in a face and a circumference thereof and a second annularly adjacent cutting smaller head (2) to cut a handle portion of the magnifying glass shaped slot via circumferential teeth (23,24) thereof.
At the time the invention was effective filed it would have been obvious to one of ordinary skill in the art to pursue known design options and have a slot bit with a larger head adjacent a smaller head for making a magnifying glass shaped slot in the trim of Bains to achieve the predictable result of simplifying the slotting process through the use of a single bit to achieve the magnifying glass shaped slot.
Claim 12. The bit for the carpentry refastening system of claim 11, further comprising a metal plate (14) configured to receive the offset fastener and to itself fasten onto the backing trim.
Claim 13. The bit for the carpentry refastening system of claim
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11, further comprising a semi-circular portion disposed at an edge of the carpentry trim (such as 110,66,114, any of 64,103,104,72, as noted throughout the disclosure).
Claim 14. The bit for the carpentry refastening system of claim 11, further comprising a knurl (42) in a perimeter of the head of the offset fastener and configured to lock the head into the recess.
Claim 15 (as best understood). The bit for the carpentry refastening system of claim 11, wherein the offset fastener plastic ribs catch on a hole edge of the grommet and resist withdrawal therefrom via the plastic ribs(as seen in the figures where the ribs resist withdrawal once installed).
Claim 16. The bit for the carpentry refastening system of claim 11, wherein the handle portion is directed toward a lateral side of the carpentry trim in a door casing application (where end and side are relative to perspective, therefore they are considered to be directed toward a lateral side; and where it is part of a structure and can be considered to be a door casing as it acts as a casing for the structure or where the phrase “in a door casing application” is considered to be a recitation of an intended use and if not in that use does not need to be satisfied).
Claim 17. The bit for the carpentry refastening system of claim l1, wherein the handle portion is directed toward an end of the trim and parallel to a lateral side of the trim for a crown molding application (where end and side are relative to perspective, therefore they are considered to be directed toward a lateral side; and where it is part of a structure and can be considered to be a crown molding application as it acts as a molding for the structure or where the phrase “in a crown molding application” is considered to be a recitation of an intended use and if not in that use does not need to be satisfied).
Claims 16-17 are recitations of intended use, which do not further limit the structural features of the claimed invention. It has been held that a recitation regarding the manner in which a claimed apparatus is intended to be used does not differentiate the claimed apparatus from a prior art apparatus that satisfies the claimed limitations.
Claim 18. The bit for the carpentry refastening system of claim 11, wherein a height dimension of the carpentry trim matches a height dimension of the backing trim (as seen in the figures, where they are disposed at the same height).
Claim 19 (as best understood). The bit for the carpentry refastening system of claim 11, further comprising a metal plate (14) configured to receive the offset fastener body into a threaded opening therein and to itself fasten onto the backing trim (as seen in the figures) configured to receive the offset fastener body into a threaded opening therein and to itself fasten onto the backing trim (as seen in the figures and disclosure).
Claim 20 (as best understood). The bit for the carpentry refastening system of claim 19, wherein the metal plate (14) is configured with a hole (as seen in the figures) there through to receive and to catch the offset fastener tip plastic ribs against an edge of the hole (as seen in the figures).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571.270.3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635