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 .
Election/Restrictions
Claims 34-36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/20/2026.
Applicant's election with traverse of group I in the reply filed on 3/20/2026 is acknowledged. The traversal is on the ground(s) that the invention requires structure that is considered by foreign office as novel is not persuasive in view of rejection of claims below. This is not found persuasive because as stated below the claims are rejected.
The requirement is still deemed proper and is therefore made FINAL.
It is noted no claims are allowable in view of rejections below and structure shown by references on form 892 and 1449.
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 1-3, 5, 11, 14-18, 20, 22, 24-25, 28-29 and 32 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.
Claim 1, “substantially the same tapering angle as the tapered hole in the workpiece”, unclear how a steel fastener would have structure of a potential hole that it may or may not receive? Furthermore claims are directed to just a steel fastener. If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application.
Claim 15, entire claim, unclear how a steel fastener comprises a workpiece which receives the steel fastener? For examination purpose claims are directed to just a steel fastener. If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application. This applies to claim 24.
Claim 18, entire claims, unclear how a steel fastener can relate to a potential element which is not claimed such as the tapered hole? If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application.
Claim 20, “entire claim”, unclear how a steel fastener would have the workpiece that is aluminum? If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application.
Claim 22, “substantially…workpiece”, unclear how a steel fastener would have structure of a potential hole that it may or may not receive? Furthermore claims are directed to just a steel fastener. If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application.
Claim 24, entire claim, unclear how a steel fastener comprises a workpiece which receives the steel fastener? For examination purpose claims are directed to just a steel fastener. If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application. This applies to claim 24.
Claim 25, entire claim, unclear how a steel fastener comprises a workpiece which receives the steel fastener and unclear how a steel fastener can relate to a potential element which is not claimed such as the tapered hole, see above claims 15 and 18 reasoning also.
Claim 32, “entire claim”, unclear how a steel fastener would have the workpiece that is aluminum? If applicant want to claim the combination of an arrangement of workpiece, a steel fastener, and the workpiece with tapered hole that receives the steel fastener, then applicant must do this in a divisional application.
Claims are examined as best understood. It is noted no claims are allowable in view of rejections below and structure shown by references on form 892 and 1449.
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.
Claim(s) 1-3, 5, 11, 16, 18, 20, 22, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Storm (US. 10145405B1).
Storm discloses a steel fastener (e.g. figure 1 or figure 4, 100 or 200) adapted to be installed in an unthreaded, tapered hole in a workpiece formed of a non-ferrous cast metal material (e.g. intended use see MPEP 2113-2114 and the steel fastener of Storm is capable of forming threads in a non-ferrous cost metal material such as aluminum), the steel fastener (e.g. see what is stated in Storm, “The hardness of self-tapping insert 100 will be higher than the hardness of the material of the workpiece and also harder than the fastener 150”) comprising a head (e.g. head of 100 or 200) having a driving arrangement (e.g. arrangement having hex shape or arrangement having 226), a shank (e.g. shank having threads 112 or 212) comprising a tapering outer face (e.g. outer surface 108 or 208 of shaft with the threads 212) with substantially the same tapering angle as the tapered hole in the workpiece (e.g. intended use but the steel fastener of Storm is capable of receiving in a tapered hole of the workpiece), a thread (e.g. 112 or 212) forming screw thread disposed in the tapering outer face (e.g. figure 1 or 4) and configured to form threads in the unthreaded, tapered hole as the head drives the shank into the workpiece (e.g. again intended use see MPEP 2113-2114 and the steel fastener of Storm is capable of being used in a tapering hole of the work piece).
Regarding claim 2: Wherein the head has an aperture (e.g. aperture 110 or 210), the aperture being sized and shaped to receive a threaded fastener (e.g. again intended use see MPEP 2113-2114 and the aperture of Storm is capable of receiving a threaded fastener which may match the internal threads of the aperture).
Regarding claim 3: Wherein the shank has a generally tubular shape, and wherein the shank comprises a screw thread (e.g. 122) formed inside the tubular shank and configured to receive a threaded fastener (e.g. again intended use see MPEP 2113-2114 and the aperture of Storm is capable of receiving a threaded fastener which may match the internal threads of the aperture).
Regarding claim 5: Wherein the steel fastener is configured as one of an insert, a screw or a double ended stud (see figure 1 or 4).
Regarding claim 11: Wherein the driving arrangement is a rachet (e.g. see head of the steel fastener capable of receiving a rachet wrench).
Regarding claim 16: Wherein the thread forming screw thread has a pitch and depth which are substantially the same (see threads 112 or 212).
Regarding claim 18: Wherein the tapering outer face has a maximum outer diameter greater than that of a minimum inner diameter of the tapered hole in the workpiece (e.g. this would be the case when the steel fastener is making threads to the workpiece and again intended use see MPEP2113-2114).
Regarding claim 20: Wherein the non-ferrous cast metal material is aluminum (e.g. again intended use but the steel fastener of Storm is capable of making threads to a workpiece which is made from aluminum).
Regarding claim 22: Storm discloses a steel threaded insert adapted to be installed in an unthreaded, tapered hole in a workpiece formed of a non-ferrous cast metal material (see rejection of claim 1), the steel threaded insert (100 or 200) comprising a head having a driving arrangement and an aperture (e.g. aperture with the internal threads 122 or 222), the aperture being sized and shaped to receive a threaded fastener (e.g. again intended use see MPEP 2113-2114 and the steel threaded insert of Storm is capable of receiving a threaded fastener), a generally tubular shank (e.g. shank having 112 or 212) comprising a tapering outer face (e.g. the outer face having 112 or 212) with substantially the same tapering angle as the tapered hole in the workpiece (e.g. again intended use and the steel threaded insert of Storm is capable of being received in a tapered hole of the workpiece), a thread forming screw thread (e.g. 112 or 212) disposed in the tapering outer face and configured to form threads in the unthreaded, tapered hole as the head drives the tubular shank into the workpiece (e.g. see rejection of claim 1) and a screw thread (e.g. 122 or 222) formed inside the tubular shank and configured to receive the threaded fastener (e.g. again intended use see MPEP 2113-2114 and the steel threaded insert of Storm is capable of receiving a threaded fastener).
Claim(s) 1-3, 5, 11, 14-16, 18, 20, 22, 24-25, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cole (EP0272020).
Cole discloses a steel fastener (e.g. figures) adapted to be installed in an unthreaded, tapered hole in a workpiece formed of a non-ferrous cast metal material (e.g. intended use see MPEP 2113-2114 and the steel fastener of Cole is capable of forming threads in a non-ferrous cost metal material such as aluminum), the steel fastener (e.g. made of harden steel as stated in Cole) comprising a head (e.g. head having 40) having a driving arrangement (e.g. 40), a shank (e.g. shank having threads on an outer surface of the steel fastener, see figures) comprising a tapering outer face (e.g. outer surface having angle of 1 to 5 degrees as stated in Cole) with substantially the same tapering angle as the tapered hole in the workpiece (e.g. intended use but the steel fastener of Storm is capable of receiving in a tapered hole of the workpiece), a thread (e.g. 34) forming screw thread disposed in the tapering outer face (e.g. figure 1 or 4) and configured to form threads in the unthreaded, tapered hole as the head drives the shank into the workpiece (e.g. again intended use see MPEP 2113-2114 and the steel fastener of Cole is capable of being used in a tapering hole of the work piece).
Regarding claim 2: Wherein the head has an aperture (e.g. aperture having internal threads 44), the aperture being sized and shaped to receive a threaded fastener (e.g. again intended use see MPEP 2113-2114 and the aperture of Cole is capable of receiving a threaded fastener which may match the internal threads of the aperture).
Regarding claim 3: Wherein the shank has a generally tubular shape, and wherein the shank comprises a screw thread (e.g. 44) formed inside the tubular shank and configured to receive a threaded fastener (e.g. again intended use see MPEP 2113-2114 and the aperture of Cole is capable of receiving a threaded fastener which may match the internal threads of the aperture).
Regarding claim 5: Wherein the steel fastener is configured as one of an insert, a screw or a double ended stud (see figures).
Regarding claim 11: Wherein the driving arrangement is a rachet (e.g. see head of the steel fastener capable of receiving a rachet wrench, as stated in abstract).
Regarding claim 14: Wherein the tapering angle of the shank is 4 degrees (e.g. Cole states 1 to 5 degrees of tapering angle of the shank).
Regarding claim 15: Wherein further comprising the workpiece, wherein the tapering angle of the workpiece is 4 degrees (e.g. again intended use see MPEP 2113-2114 and the steel fastener of Cole is capable of receiving in a tapering opening of a workpiece). Evidence references are provided in form 1449 or 892 of the capability.
Regarding claim 16: Wherein the thread forming screw thread has a pitch and depth which are substantially the same (see threads 34).
Regarding claim 18: Wherein the tapering outer face has a maximum outer diameter greater than that of a minimum inner diameter of the tapered hole in the workpiece (e.g. this would be the case when the steel fastener is making threads to the workpiece and again intended use see MPEP2113-2114).
Regarding claim 20: Wherein the non-ferrous cast metal material is aluminum (e.g. again intended use but the reference of Cole shows workpiece as aluminum).
Regarding claim 22: Cole discloses a steel threaded insert adapted to be installed in an unthreaded, tapered hole in a workpiece formed of a non-ferrous cast metal material (see rejection of claim 1), the steel threaded insert (figures) comprising a head having a driving arrangement and an aperture (e.g. aperture with the internal threads 44), the aperture being sized and shaped to receive a threaded fastener (e.g. again intended use see MPEP 2113-2114 and the steel threaded insert of Cole is capable of receiving a threaded fastener), a generally tubular shank (e.g. shank having 32) comprising a tapering outer face (e.g. the outer face having 32) with substantially the same tapering angle as the tapered hole in the workpiece (e.g. again intended use and the steel threaded insert of Storm is capable of being received in a tapered hole of the workpiece), a thread forming screw thread (e.g. 112 or 212) disposed in the tapering outer face and configured to form threads in the unthreaded, tapered hole as the head drives the tubular shank into the workpiece (e.g. see rejection of claim 1) and a screw thread (e.g. 122 or 222) formed inside the tubular shank and configured to receive the threaded fastener (e.g. again intended use see MPEP 2113-2114 and the steel threaded insert of Storm is capable of receiving a threaded fastener).
Regarding claim 24: The steel threaded insert further comprising the workpiece, wherein the tapered hole in the workpiece has a tapering angle greater than 1.5 degrees (e.g. again intended use see MPEP 2113-2114 and the steel fastener of Cole is capable of receiving in a tapering opening of a workpiece). Evidence references are provided in form 1449 or 892 of the capability. Furthermore the reference of Cole states the steel fastener having an angle of 1 to 5 degrees.
Regarding claim 25: The steel threaded inserted further comprising the workpiece, wherein a difference between the tapering angle of the workpiece and the tapering angle of the shank is no greater than 1.5 degrees (e.g. as stated above the angle of the workpiece is considered intended use and the angle of the steel fastener is between 1 to 5 degrees). It is noted that Cole is capable of having the workpiece is just about no angle and the angle of the steel fastener is 1 to 5 degrees.
Regarding claim 28: Wherein the thread forming screw thread has a pitch and a depth which are substantially the same (see rejection of claim 16).
Regarding claim 32: Wherein the non-ferrous cast metal material is aluminum (e.g. again intended use but the reference of Cole shows workpiece as aluminum).
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) 17 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Cole in view of Vogel et al (US. 20180355903A1).
Cole discloses the invention as claimed above but fails to disclose the thread forming screw thread is trilobular. Vogel discloses screw thread which is trilobular. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the screw thread of Cole be trilobular as taught by Vogel with reasonable expectation of success to provide easy insertion or use lower torque to form threads in a workpiece (e.g. since the screw thread would only contact partly to the hole or aperture in the workpiece).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See references on form 892 which teach many structural limitation of claims.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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