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 .
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, the phrase “wherein a surface area defined by the additional washer piece is larger than a surface area defined by the washer piece for contact with the structure” in claim 8 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.
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.
Claims 1, 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Oswald et al., US5102003 (hereinafter, Oswald) in view of Miyamura et al., US20030210968 (hereinafter, Miyamura).
Regarding claim 1, Oswald discloses a system (10, see Fig. 1) for fastening a structure 12 to a portion 44 of a machine, the system comprising:
a fastener 32 defining a head portion 46 and a shank portion (column 2, lines 42-47), the shank portion defining a threaded portion (see column 2, lines 42-47);
a washer piece 14 being retained between the head portion 46 and the threaded portion of the shank portion; and
a flexible tether 37 having a first end (end of tether 37 towards washer 14) and a second end (end of tether 37 opposite to washer), wherein the first end is coupled with the washer piece 14 and the second end includes a retention member 38 for securing the flexible tether to the structure 12.
Oswald fails to teach a fastener with unthreaded portion extending between the head portion and the threaded portion, and a washer piece disposed around the unthreaded portion.
Miyamura teaches a system (100, see Figs. 1-2) wherein a screw 102 comprises an unthreaded portion 116 having smaller diameter than threaded portion 118, and the washer piece 110 disposed around the unthreaded portion (see Figs. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the fastener of Oswald with the fastener of Miyamura to allow the fastener flow within a range of motion (see para. [0020]), and/or to allow the washer to flow between the head of the fastener and threaded portion if required.
Regarding claim 3, Oswald in view of Miyamura teaches and/or make obvious of the system of claim 1, wherein Oswald further teaches the washer piece 14 defines an aperture 30, and the flexible tether includes a loop 40 at the first end passing through the aperture to engage the flexible tether to the washer piece (see Fig. 1).
Regarding claim 4, Oswald in view of Miyamura teaches and/or make obvious of the system of claim 3, wherein Oswald further teaches the washer piece 14 defines a washer portion (see washer body of washer 14) and a protruded portion 34, wherein the protruded portion extends angularly away from the washer portion with respect to a plane defined by the washer portion (see Figs. 1-2), and wherein the aperture 36 is formed in the protruded portion of the washer piece 14.
Regarding claim 5, Oswald in view of Miyamura teaches and/or make obvious of the system of claim 1, wherein Oswald further teaches the washer piece defines an opening 30 for passage of the unthreaded portion therethrough, and as established above, Oswald modified by Miyamura further teaches and/or make obvious wherein a diameter of the opening is less than each of a diameter of the threaded portion and a size of the head portion (see Figs. 1-2).
Regarding claim 6, Oswald in view of Miyramura teaches and/or make obvious of the system of claim 1, wherein the washer piece is disposed rotatably around the unthreaded portion of the shank portion (please refer to the rejection and rationale set forth above for claim 1 and drawings in Miyamura).
Regarding claim 7, Oswald in view of Miyamura teaches and/or make obvious of the system of claim 1, but fails to teach wherein the washer piece is fixedly coupled to the head portion of the fastener.
However, it is Examiner’s position that it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the system in Oswald where the washer piece is fixedly coupled to the head portion of the fastener in order to prevent misalignment or misplacement of the washer piece, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. MPEP 2144.04 (v)(b).
Further, as disclosed by the applicant, Figs. 5-6 & 8 lacks the criticality of the fixed washer piece and, also welding or using glue to couple the washer to the head of the fastener involves routine skill in the art.
Regarding claim 8, Oswald in view of Miyamura teaches and/or make obvious of the system of claim 1, wherein Miyamura further teaches the system comprising an additional washer piece 104 disposed rotatably around the unthreaded portion 116 and being retained between the washer piece 110 and the threaded portion of the shank portion 118, wherein, as best understood, a surface area defined by the additional washer piece 104 is larger than a surface area defined by the washer piece 110 for contact with the structure.
It is the Examiner’s position that it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the system of Oswald to have additional washer and greater surface area as taught by Miyamura so the washer with greater surface area may be restrained using washer portion away from the washer body if required for the system (see Fig. 5).
Regarding claim 9, Oswald teaches a machine (automotive, see Abstract), comprising:
a portion 44 at least partially surrounding an arrangement (see portion of the crankcase 44 surrounding other parts of the vehicle underbody); and
a guard assembly 10, including:
a structure 12 defining an engagement portion 18; and
a system (system in Fig. 1) for fastening the structure to the portion of the machine, the system including:
a fastener defining a head portion and a shank portion, the shank portion defining a threaded portion and an unthreaded portion, the unthreaded portion extending between the head portion and the threaded portion;
a washer piece disposed around the unthreaded portion and being retained between the head portion and the threaded portion of the shank portion; and
a flexible tether having a first end and a second end, wherein the first end is coupled with the washer piece and the second end includes a retention member for securing the flexible tether to the structure.
(Concerning limitations above in italic, Oswald in view of Miyamura teaches and/or make obvious of the limitations of the system above. Please refer to the rejection and rationale set forth in claim 1.)
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Oswald in view of Miyamura, in further view of Constance US2389344 (hereinafter, Constance).
Regarding claim 2, Oswald in view of Miyamura teaches and/or make obvious of the system of claim 1, wherein the structure 12 defines an engagement portion 18 including a slot (see Fig. 1), the flexible tether 37 passable through the slot (see Fig. 1).
Oswald in combination with Miyamura fails to teach the retention member defines a surface having a size greater than a cross-sectional area of the slot to keep the retention member from passing through the slot.
However, Constance teaches a retaining device (see Fig. 1) having a retention member 16 defining a surface having a size greater than a cross-section area of the slot (see central slot of washer 17 in Fig. 2) to keep the retention member from passing through the slot.
Therefore, it is the Examiner’s position that it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the second end of the tether in Oswald to have a retention member having greater cross-sectional area than slot as taught by Constance for secured retaining of the tether end to the connection structure and/or to eliminate parts of the system without weakening the system.
Regarding claim 10, The machine of claim 9, wherein the engagement portion includes a slot, the flexible tether passable through the slot, and the retention member defines a surface having a size greater than a cross-sectional area of the slot to keep the retention member from passing through the slot.
(Concerning limitations of claim 10, Oswald in view of Miyamura, in further view of Constance teaches and/or make obvious of those limitations. Please refer to the rejection and rationale set forth above in claim 2.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US6290618 (Ring) in Fig. 2 discloses a portable ball batting practice apparatus having a hub assembly 30 comprising a mounting plate 31, a stopper washer 34, a hub bracket 37, a retention nut 39, a bolt like axle element 33, a securing tether 28 and a ball 43 secured by a simple knot 45.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIL K MAGAR whose telephone number is (571)272-8180. The examiner can normally be reached M-F 7:30-5:30.
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, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIL K. MAGAR/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675