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 Objections
Claim 8 is objected to because of the following informalities: “is conform” in line 2 and in line 3 should each read “conforms”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “is conform” should read “conforms”. Appropriate correction is required.
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 (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 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 1-5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US 2010/0111637).
With regard to claim 1, Wang discloses a captive screw (100), comprising: a sleeve (including at least 70), comprising: a body portion (70), having an inner surface (i.e. the inner circumferential surface thereof), wherein the inner surface of the body portion surrounds and forms an accommodating space (as seen in Figs. 4, etc. the space receiving screw 10); and at least one positioning protrusion (at 711), protruding from the inner surface of the body portion and forming a channel (as seen in Figs. 3-4, etc.), wherein a diameter of the channel is less than a diameter of the accommodating space (as seen in Figs. 3-4); and a screwing member (10), comprising a head portion (11), a neck portion (the unthreaded portion of 13 as seen in Figs. 3-4) and a threaded portion (at 131), wherein the neck portion connects the head portion and the threaded portion (as seen in Figs. 3-4), a diameter of the neck portion is less than a diameter of the head portion and the diameter of the channel (as seen in Figs. 3-4), the neck portion passes through the channel (as seen in Figs. 3-4), and the head portion and the threaded portion are located on two opposite sides of the at least one positioning protrusion (as seen in Figs. 3-4), respectively; wherein the threaded portion comprises a wider section (i.e. the main central portion of 131) and a narrower section (i.e. a portion at the very distal end of 131 where the thread tapers and thus has a smaller diameter), the wider section is connected to the neck portion (as seen in Figs. 3-4), the narrower section is connected to the wider section (as seen in Figs. 3-4), the diameter of the channel is less than a major diameter of the wider section (i.e. as seen in Figs. 3-4 the channel restricts the screw at the threaded portion if it moves axially), and the diameter of the channel is greater than or equal to a major diameter of the narrower section and a minor diameter of the wider section (as seen in Figs. 3-4 as the screw can be screwed through such).
With regard to claim 2, Wang discloses a restoring member (50), wherein the restoring member is sleeved on the neck portion of the screwing member (as seen in Figs. 3-4), and two opposite sides of the restoring member are connected to the head portion of the screwing member and the at least one positioning protrusion of the sleeve (as seen in Figs. 3-4), respectively, to be configured to move the head portion away from the at least one positioning protrusion (as seen in Figs. 3-4 upon compression thereof/axial movement thereof).
With regard to claim 3, Wang discloses that the sleeve further comprises a mounting portion (73), the mounting portion is connected to a side of the body portion (as seen in Figs. 3-4), and the mounting portion is configured to be mounted on a plate (as seen in Fig. 4 see 91/93).
With regard to claim 4, Wang discloses that the mounting portion has an inner surface (i.e. the inner circumferential surface thereof), the inner surface of the mounting portion surrounds and forms an opening (as seen in Figs. 3-4), and a diameter of the opening is less than or equal to the diameter of the accommodating space (as seen in Figs. 3-4).
With regard to claim 5, Wang discloses that the neck portion and the at least one positioning protrusion are spaced apart from each other by a first distance (as seen in Figs. 3-4), the wider section and the inner surface of the body portion are spaced apart from each other by a second distance (as seen in Figs. 3-4), and the narrower section and the inner surface of the mounting portion are spaced apart from each other by a third distance (as seen in Figs. 3-4).
With regard to claim 10, Wang discloses that the at least one positioning protrusion is annular (as seen in Figs. 3-4).
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hutchings et al. (US 2018/0172059).
With regard to claim 1, Hutchings discloses a captive screw (20), comprising: a sleeve (including at least 26), comprising: a body portion (the main body thereof as seen in Fig. 2, etc.), having an inner surface (i.e. the inner circumferential surface thereof), wherein the inner surface of the body portion surrounds and forms an accommodating space (as seen in Figs. 2, etc. the space receiving screw 48); and at least one positioning protrusion (46), protruding from the inner surface of the body portion and forming a channel (as seen in Figs. 2, etc.), wherein a diameter of the channel is less than a diameter of the accommodating space (as seen in Figs. 2, etc.); and a screwing member (48), comprising a head portion (50), a neck portion (54) and a threaded portion (including 58 and 60), wherein the neck portion connects the head portion and the threaded portion (as seen in Figs. 2, etc.), a diameter of the neck portion is less than a diameter of the head portion and the diameter of the channel (as seen in Figs. 2, etc.), the neck portion passes through the channel (as seen in Figs. 2, etc.), and the head portion and the threaded portion are located on two opposite sides of the at least one positioning protrusion (as seen in Figs. 2, etc.), respectively; wherein the threaded portion comprises a wider section (60) and a narrower section (58), the wider section is connected to the neck portion (as seen in Figs. 2, etc.), the narrower section is connected to the wider section (as seen in Figs. 2, etc. via 52), the diameter of the channel is less than a major diameter of the wider section (i.e. as seen in Figs. 2, etc. the channel restricts the screw at the threaded portion if it moves axially), and the diameter of the channel is greater than or equal to a major diameter of the narrower section and a minor diameter of the wider section (as seen in Figs. 2, etc. as the screw can be screwed through such).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2010/0111637) alone.
With regard to claim 6, Wang is silent as to the dimensions of the captive screw and this fails to explicitly disclose that the first distance, the second distance and the third distance are greater than or equal to 0.5 millimeters. However it would have been considered obvious to one having ordinary skill in the art, at the time of filing, to have modified the size of the captive screw Wang to have the first distance, the second distance and the third distance are greater than or equal to 0.5 millimeters as such a modification would involve a mere change in the size of a component, which is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Such a modification would have provided the expected benefits of scaling up or down the device to fit different size applications.
With regard to claim 7, Wang fails to disclose a glue layer, wherein the glue layer is disposed on the wider section of the threaded portion. However it would have been considered obvious to one having ordinary skill in the art, at the time of filing, to have modified the device of Wang such that it has a glue layer disposed on at least the wider section of the threaded portion as Examiner hereby takes Official Notice that the art is replete with examples of threaded portions having an adhesive/glue/thread locker applied thereof. Such a modification would provide the expected benefit of more secure installation when the threaded portion is installed with the intended device (e.g. the plate 93).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hutchings et al. (US 2018/0172059) alone.
With regard to claim 8, Hutchings is silent as to the exact dimensions thereof and thus fails to disclose that the wider section of the threaded portion is conform to M5 specification, and the narrower section of the threaded portion is conform to M4 specification. However it would have been considered obvious to one having ordinary skill in the art, at the time of filing, to have modified the size of the captive screw of Hutchings to have the wider section of the threaded portion is conform to M5 specification, and the narrower section of the threaded portion is conform to M4 specification as such a modification would involve a mere change in the size of a component, which is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Such a modification would have provided the expected benefits of scaling up or down the device to fit different size applications.
With regard to claim 9, Hutchings discloses that the channel is a screw hole (as seen in Figs. 2, etc.), but is silent as to the exact size of the device and thus fails to disclose that the channel conforms to M5 specification. However it would have been considered obvious to one having ordinary skill in the art, at the time of filing, to have modified the size of the captive screw of Hutchings to have the channel conform to M5 specification as such a modification would involve a mere change in the size of a component, which is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Such a modification would have provided the expected benefits of scaling up or down the device to fit different size applications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides additional examples of similar captive screws.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS L FOSTER/Primary Examiner, Art Unit 3675