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 3-6 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. In claim 3, it is unclear how the annular expansively openable member is attached to the bolt main body (line 8) and the smaller diameter tube portion is between an inner surface of the annular expansively openable member and the push in potion (lines 15-17). And particularly in claim 4 where the expansively openable member is claimed as attached to the small diameter tube portion. Additionally in claim 3, line 16, the limitation “on the tip towards the tip” is unclear because how can something be towards itself.
Claim Rejections - 35 USC § 102
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 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fisher (US 4,640,654). Fisher discloses an anchor bolt comprising: a bolt main body (2) with a thread at one end inserted into an anchor hole (8); a tubular member (7) made of plastic with an outer peripheral surface having locking portions (9) extending in the axial direction engaged within the bore; a relatively harder annular expansively openable member (7) made of a ductile metal attached to the main bolt and divided in the peripheral direction with a division line (column 3, paragraph beginning line 20); and a push-in portion (3) for expanding the annular expansively openable member (Fig. 3).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fischer as applied to claim 1 above, and further in view of Oettl (US 4,334,813). Fischer does not disclose the division line having ends offset from one another in the peripheral direction. Oettl discloses an anchor bolt with an annular expansively openable member (14) similar to Fisher but Oettl disclose the annular expansively member openable including a division line (37) peripherally offset at its’ ends (see Fig. 4b). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the annular expansively openable member of Fisher with a division line as disclosed in Oettl because it would continue to be expandable to yield the same predictable results.
Allowable Subject Matter
Claims 3-6 appear would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: In the context of the claims, the prior art does not disclose the annular expansively openable member divided in the peripheral direction and disposed on the smaller diameter tube portion which extends from the end of tubular member. The most relevant references are believed to be Fischer (US 4,460,654) and Anasis (US 9,562,558): Fisher teaches an annular expansive openable member (17) as divided in the peripheral direction and disposed on a smaller diameter a tube portion (16) but the smaller diameter tube portion is a groove which does not extend from an end of the tube; and Anasis, in the embodiment shown in Figs. 51-54, teaches an annular expansive openable member (200) disposed on a smaller diameter tube portion extending from an end of the tube but the annular expansively openable member is disclose to be rubber thus it would not be divided in the peripheral direction nor would there be any rational for providing a division.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited are of general interest.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675