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
Claims 14-15 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.
The preambles claim 14 and claim 1 of the device do not match. The applicant is stating the device is clear which means all that is being added is a label but no new structure. The claim is vague, indefinite and confusingly worded.
In claim 15 a rack and pump are added to the screw and these are separate devices being used with the device of invention as opposed to what the applicant actually made. What are the limitations being added to the device? The claims are indefinite because it is not clear what is made by the applicant as part of the invention.
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.
Claim(s) 1, 4-5 and 11-12 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Miller 8925167.
Miller discloses the claimed invention as recited in the claims as shown below;
1 (currently amended). Screw A screw assembly for a clamping device , comprising:
a screw (2; 2’) 58 with a thread (20) 74 having a thread axis (A}; and
a handle (3; 3’) 18 having a thread section (311) 40 constituting a nut, 50
the screw (2; 2’) and the handle (3; 3’) are fixed together as a screw-nut assembly, and
characterized in that at least one of the thread section 76(311) of the handle (3; 3’) and the thread (20) of the screw (2; 2’) is formed at least partially with a geometry varying along the thread axis (4) such that the screw (2, 2’) and the handle (3, 3’) are engaged by helicoidal wedging (this done by hand tightening).
4 (currently amended). Screw The screw assembly 44} according to any of the previous claims claim 1, characterized in that the wherein a geometry of a starting portion of the thread (20) of the screw (2; 2’), and the a geometry of a starting portion of the thread section (311) of the handle (3; 3’), match. See Fig.1
5 (currently amended). Screw The screw assembly 44) according to any of the previous claims claim 1, characterized in that wherein the geometry of the thread (20) of the screw (2; 2’) and/or the geometry of the thread section (311) of the handle (3; 3’) varies continuously along the thread axis (4). See Fig.1
10 (currently amended). Screw The screw assembly 44 according to any of claims 1 to 6 claim 1, characterized in that wherein the handle £34 and the thread section (311) are formed in one piece. See Fig.1
11 (currently amended). Screw The screw assembly 4} according to one of the preceding claims claim 1, characterized in that wherein the screw (2; 2’) and/or the handle (3; 3’) have trapezoidal threads (20, 32).
12 (currently amended). Clamping A clamping device (4) comprising a main body 80 (40) with a screw hole (401), characterized by and a screw assembly 44 according to one of the preceding claims claim 1, wherein the screw (2; 2’) of the screw assembly ( is or can be screwed into the screw hole (401) of the main body (40).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miller 8925167.
Miller discloses the claimed invention except for using the known shape of trapezoidal threads,
Regarding claim 11, It would have been obvious to one of ordinary skill in the art at time invention was made to have made the threads using a know shape such as trapezoidal threads, since it has been held to be within the general skill of a worker in the art to select a known shapes on the basis of its suitability for the intended use as a matter of obvious design choice yielding a predictable choice of changing thread shapes. KSR
Regarding claims 14-15, It would be obvious to combine this device with another device based upon intended uses. KSR
Allowable Subject Matter
Claims 2-3, 6-9, and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 February 24, 2026