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 .
DETAILED ACTION
Applicant's submission filed on May 26, 2026 was received and has been entered. Claims 1 and 4-8 were amended. Claims 1-8 are in the application and pending examination. Claims 9-20 have been withdrawn. Replacement Paragraphs were submitted to the Specification to correct minor typographical errors.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 “fastener installation assembly” in claims 1 and 7-8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The use of the term “Gemcor” has been noted in this application in paragraphs 3, 35, 37, 48, and 53.
Clarification of the status of this term as a trademark is request.
Trademarks should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Claim Rejections - 35 USC § 102
The previous rejection of claims 1-8 under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. Num. 5,647,111 to Zienkiewicz et al (hereinafter Zienkiewicz) is withdrawn based on the amendment to claim 1.
Claim Rejections - 35 USC § 103
Claims 1-3, 5, and 7 are rejected under 35 U.S.C. 103(a) as unpatentable over US Pat. Pub. No. 20230084296 to Miyauchi et al (hereinafter Miyauchi) and US Pat. Num. 5,727,300 to Ekdahl et al (hereinafter Ekdahl).
Regarding claim 1, Miyauchi teaches a gripper (1) for a fastener installation assembly, the gripper comprising:
a body, the body (9, 10) comprising a first end (2) and a second end (end attached to 12) opposite the first end (2), and the body having a passage (9) extending between the first end and the second end; and a lip (sides of cup 2 including 2B-C) extending in a forward direction from the first end of the body, the lip (sides of cup 2 including 2B-C) having at least one orifice (2A) in fluid communication with the passage (9); wherein the lip comprises a curved wall defining a recess ( 8) configured to engage an unthreaded portion of a fastener ( H, F) ;
wherein the second end of the body has an inlet (12) in fluid communication with the passage (9);
and wherein the body (9, 10) is configured to deliver sealant to the orifice via the passage (9) for application to the unthreaded portion of the fastener engaged by the lip (sides of cup 2 including 2B-C), wherein the second end (end attached to 12) of the body has an inlet (portion of 12 facing 10) in fluid communication with the passage (9). (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Miyauchi does not explicitly teach the second end of the body has a groove formed in a rearward-facing surface of the second end of the body, and wherein the groove is configured to receive a peg of the fastener installation assembly to pivotably couple the body to the fastener installation assembly such that the second end of the body is vertically higher than the first end of the body.
Ekdahl teaches the second end of the body has a groove (groove on outside) formed in a rearward-facing surface of the second end of the body, and wherein the groove is configured to receive a peg of the fastener installation assembly to pivotably couple the body to the fastener installation assembly such that the second end of the body is vertically higher than the first end of the body. (See Ekdahl, Abstract, Figs. 14-15, col. 2, lines 37-52; and col. 7, line 27-51.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the second end of the body has a groove formed in a rearward-facing surface of the second end of the body, and wherein the groove is configured to receive a peg of the fastener installation assembly to pivotably couple the body to the fastener installation assembly such that the second end of the body is vertically higher than the first end of the body, because Ekdahl teaches this structure would enable the fastener to be held in place. (See Ekdahl, Abstract, Figs. 14-15, col. 2, lines 37-52; and col. 7, line 27-51.)
Intended use language is located in the preamble of claim 1 (apparatus for a fastener installation assembly). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Miyauchi in view of Ekdahl is capable of the intended use and as a result meets the claim limitation.
Regarding claim 2, Miyauchi teaches the recess ( 8) of the lip (2) is configured to receive the unthreaded portion of the fastener. (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Regarding claim 3, Miyauchi teaches the recess (8) of the lip (2) is configured to cooperate with a second gripper (O) to grip the fastener when the unthreaded portion of the fastener is received by the recess (8). (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Regarding claim 5, Miyauchi teaches the curved wall (interior portion of 2) defining the recess (8) has a channel (2A, 2B, 2C), the channel extends azimuthally along the curved wall, and the orifice (ends of 2A, 2B, 2C), is disposed within the channel. (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Regarding claim 7, Miyauchi does not explicitly teach the lip (2) has at least two orifices (2A, 2B, 2C) each in fluid communication with the passage (9). (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Claim 4 is rejected under 35 U.S.C. 103(a) as unpatentable over US Pat. Pub. No. 20230084296 to Miyauchi et al (hereinafter Miyauchi) and US Pat. Num. 5,727,300 to Ekdahl et al (hereinafter Ekdahl) as applied to claim in further in view of US Pat. Pub. No. 20190143364 A1 to Boeing (hereinafter Boeing).
Regarding claim 4, Miyauchi does not explicitly teach the recess has a rounded, non-circular cross-sectional shape, such that when the recess receives the unthreaded portion of the fastener and the unthreaded portion has a circular shape, at least a portion of the curved wall defining the recess is spaced from the unthreaded portion of the fastener.
Boeing teaches the recess (134) has a rounded, non-circular cross-sectional shape, such that when the recess receives the unthreaded portion of the fastener and the unthreaded portion has a circular shape, at least a portion of the curved wall defining the recess is spaced from the unthreaded portion of the fastener. (See Boeing, Abstract, Figs. 1-3, paragraphs 6, 39, 41, 110-113, 141.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the recess has a rounded, non-circular cross-sectional shape, such that when the recess receives the unthreaded portion of the fastener and the unthreaded portion has a circular shape, at least a portion of the curved wall defining the recess is spaced from the unthreaded portion of the fastener, because Boeing teaches this structure would enable the adhesive to be dispensed in the desired shape. (See Boeing, Abstract, Figs. 1-3, paragraphs 6, 39, 41, 110-113, 141.)
Claim 6 is rejected under 35 U.S.C. 103(a) as unpatentable over US Pat. Pub. No. 20230084296 to Miyauchi et al (hereinafter Miyauchi) and US Pat. Num. 5,727,300 to Ekdahl et al (hereinafter Ekdahl) as applied to claim in further in view of US Pat. Pub. No. 20210095708 A1 to Dumas et al (hereinafter Dumas) .
Regarding claim 6, Miyauchi teaches the inlet (12) is disposed vertically above the groove (line above 9 in Fig. 2). (See Miyauchi, Fig. 2).
Regarding claim 6, Miyauchi does not explicitly teach the inlet is disposed vertically above the groove when the groove receives the peg of the fastener installation assembly to couple the gripper to the peg of the fastener installation assembly.
Dumas teaches the body is configured to be operatively coupled to the fastener installation assembly.
Dumas teaches the inlet (110) is disposed vertically above the groove (top of 140) when the groove receives the peg of the fastener installation assembly to couple the gripper to the peg of the fastener installation assembly (100). (See Dumas, Abstract, Figs. 1-3, paragraphs 3, 47, 106.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the body is configured to be operatively coupled to the fastener installation assembly, because Dumas teaches this structure would enable the dispenser to be held vertically to allow the adhesive to flow in a downward direction. (See Dumas, Abstract, Figs. 1-3, paragraphs 3, 47, 106.)
Claim 8 is rejected under 35 U.S.C. 103(a) as unpatentable over US Pat. Pub. No. 20230084296 to Miyauchi et al (hereinafter Miyauchi) and US Pat. Num. 5,727,300 to Ekdahl et al (hereinafter Ekdahl) as applied to claim in further in view of US Pat. Pub. No. 20200347972 A1 to Jerry Seimears (hereinafter Seimears).
Regarding claim 8, Miyauchi does not explicitly teach the inlet comprises a barbed nipple extending transversely from the rearward facing surface of the second end of the body in a direction that is away from the groove.
Ekdahl teaches the body is configured to be operatively coupled to the fastener installation assembly such that the gripper is selectively movable relative to the fastener installation assembly. (See Seimaears, Abstract, Figs. 1-7, paragraph 3.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the inlet comprises a barbed nipple extending transversely from the rearward facing surface of the second end of the body in a direction that is away from the groove, because Seimears teaches this structure would enable a seal to be formed between the body and the supply of adhesive. (See Seimaears, Abstract, Figs. 1-7, paragraph 3.)
The previous rejection of claims 1-8 under 35 U.S.C. 103(a) as being unpatentable over US Pat. Num. 4,359,965 to Thomas Bridges,Sr. (hereinafter Bridges) and US Pat. Num. 5,647,111 to Zienkiewicz et al (hereinafter Zienkiewicz) is withdrawn based on the amendment to claim 1.
Claims 1-3, 5, and 7 are rejected under 35 U.S.C. 103(a) as unpatentable over US Pat. Pub. No. 20230084296 to Miyauchi et al (hereinafter Miyauchi) and US Pat. Pub. No. 20210095708 A1 to Dumas et al (hereinafter Dumas).
Regarding claim 1, Miyauchi teaches a gripper (1) for a fastener installation assembly, the gripper comprising:
a body, the body (9, 10) comprising a first end (2) and a second end (end attached to 12) opposite the first end (2), and the body having a passage (9) extending between the first end and the second end; and a lip (sides of cup 2 including 2B-C) extending in a forward direction from the first end of the body, the lip (sides of cup 2 including 2B-C) having at least one orifice (2A) in fluid communication with the passage (9); wherein the lip comprises a curved wall defining a recess ( 8) configured to engage an unthreaded portion of a fastener ( H, F) ;
wherein the second end of the body has an inlet (12) in fluid communication with the passage (9);
and wherein the body (9, 10) is configured to deliver sealant to the orifice via the passage (9) for application to the unthreaded portion of the fastener engaged by the lip (sides of cup 2 including 2B-C), wherein the second end (end attached to 12) of the body has an inlet (portion of 12 facing 10) in fluid communication with the passage (9). (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Miyauchi does not explicitly teach the second end of the body has a groove formed in a rearward-facing surface of the second end of the body, and wherein the groove is configured to receive a peg of the fastener installation assembly to pivotably couple the body to the fastener installation assembly such that the second end of the body is vertically higher than the first end of the body.
Dumas teaches the second end of the body has a groove (groove on outside of 140 in Fig. 1) formed in a rearward-facing surface of the second end of the body, and wherein the groove is configured to receive a peg of the fastener installation assembly to pivotably couple the body to the fastener installation assembly such that the second end (211) of the body is vertically higher than the first end of the body (131). (See Dumas, Abstract, Figs. 1-6, paragraphs 1, 106, 119.)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the second end of the body has a groove formed in a rearward-facing surface of the second end of the body, and wherein the groove is configured to receive a peg of the fastener installation assembly to pivotably couple the body to the fastener installation assembly such that the second end of the body is vertically higher than the first end of the body, because Dumas teaches this structure would enable the dispenser oriented vertically to coat the fastener. (See Dumas, Abstract, Figs. 1-6, paragraphs 1, 106, 119.)
Intended use language is located in the preamble of claim 1 (apparatus for a fastener installation assembly). A preamble is generally not accorded any patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951). Miyauchi in view of Ekdahl is capable of the intended use and as a result meets the claim limitation.
Regarding claim 2, Miyauchi teaches the recess ( 8) of the lip (2) is configured to receive the unthreaded portion of the fastener. (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Regarding claim 3, Miyauchi teaches the recess (8) of the lip (2) is configured to cooperate with a second gripper (O) to grip the fastener when the unthreaded portion of the fastener is received by the recess (8). (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Regarding claim 5, Miyauchi teaches the curved wall (interior portion of 2) defining the recess (8) has a channel (2A, 2B, 2C), the channel extends azimuthally along the curved wall, and the orifice (ends of 2A, 2B, 2C), is disposed within the channel. (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Regarding claim 7, Miyauchi does not explicitly teach the lip (2) has at least two orifices (2A, 2B, 2C) each in fluid communication with the passage (9). (See Miyauchi, Abstract, Figs. 1-12, 14; and paragraphs 3-5, and 27-36.)
Response to Arguments
Applicant’s arguments with respect to claims 1-8 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARL V KURPLE whose telephone number is (571)270-3477. The examiner can normally be reached Monday-Friday 8 AM-5 PM.
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/KARL KURPLE/
Primary Examiner
Art Unit 1717
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