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 .
Status of Claims
This office action is in reply to the Amendment filed on December 23, 2025. Claims 1, 8 and 15 have been amended. No additional claims have been added. No further claims have been cancelled. Claim interpretation previously made under 35 USC 112(f) is maintained. The previous 35 U.S.C. 103 rejection has been updated and discussed in greater detail below. Claims 1-20 are currently pending and have been fully examined.
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.
Claims 1-7 are Finally rejected under 35 U.S.C. 103 as being unpatentable over Belanger (4787274) in view of Winter, III et al. (12005537), Yang (4727782), Cole et al. (9687946) and optionally further in view of Jones (3263320).
In reference to claim 1, Belanger discloses a temporary fastener actuation system comprising:
a temporary fastener (36) comprising:
a cylindrical body comprising an indentation (at 38, Figure 1);
a stem (68’); and
a plurality of tines (44/45) coupled to the stem and configured to:
expand when the stem is rotated a first direction while the cylindrical body is stationary, thereby securing the temporary fastener to a panel (see Column 3, Lines 38-40); and
contract when the stem is rotated a second direction while the cylindrical body is stationary, the second direction being opposite from the first direction (see Column 4, Lines 11-35);
a temporary fastener actuation tool (formed from 14, 11, 16, Figure 2) comprising:
a protrusion (16) comprising a groove (formed as the inner opening within 16);
a spring clip (formed from 71 and 70. Note; element 71 meets the spring and the definition of the term “clip” as defined according to www.merriam-webster.com as being: “any of various devices that grip, clasp or hook”. Since, the balls 70 are “devices that grip” [i.e. portion 38] they meet the definition above and thus the limitation of the claim.), each spring clip comprising an end (i.e. outer end of balls 70) that is aligned with an end (i.e. inner end of opening 72 or under a second interpretation the lower end of the balls are aligned with the lower end of 72, especially when a fastener is inserted and pushes the balls upwardly, see Figure 3 when it has been rotated 90 degrees clockwise) of the protrusion, the plurality of spring clips configured to hold the indentation of the temporary fastener secure against the protrusion (Figure 1);
a bearing shaft (formed from 11 and 54);
a first bearing (i.e. formed as tubular member 21, see Column 2, Line 57, which meets the limitation of the bearing, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) configured to contact the cylindrical body of the temporary fastener and hold the cylindrical body of the temporary fastener stationary (Column 4, Lines 33-34);
a second bearing (i.e. formed as tubular member 27, see Figure 1, which meets the limitation of the bearing, as previously interpreted under 35 U.S.C. 112(f), see section 5b above) coupled to the bearing shaft and configured to contact the stem of the temporary fastener and rotate the stem of the temporary fastener (Column 4, Lines 25-35); and
a motor shaft (41) coupled to the bearing shaft;
a rotary tool (10) configured to (note; all of the bold limitations below are considered as being functional language, which are met during normal operation of the tool because all of the previous structural limitations have been met):
couple to the motor shaft of the fastener removal tool (Figure 1);
rotate the motor shaft and the second bearing in the first direction while the first bearing is stationary, thereby causing the plurality of tines to expand (Column 3, Lines 38-40 and Column 4, Lines 1-35); and
rotate the motor shaft and the second bearing in the second direction (i.e. “counter-rotates”, Column 4, Lines 34-35) while the first bearing is stationary (Column 4, Lines 33-34), thereby causing the plurality of tines to contract.
Belanger lacks,
a compressible gasket;
a plurality of spring clips made of a flexible material…and configured to contact the temporary fastener; and
forming the groove with a shape that matches a shape of the indentation of the temporary fastener.
However, Winter, III et al. teach that it is old and well known in the art at the time the invention was made to provide a similar fastener (Figure 3) with a compressible gasket (at 310 or at 412, Figures 4a and 4b and Column 5, Lines 38-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the fastener, of Belanger, with the known technique of providing the compressible gasket, as taught by Winter, III et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device having increased protection (Column 5, Lines 38-41) thereby extending the useful life of the tool.
Next, Yang is reasonably pertinent to the problem faced by the inventor (i.e. providing holding or retaining means for holding an element inside the tool, see paragraph 3 of applicants’ Specification). Yang further teaches that it is old and well known in the art at the time the invention was made to provide a plurality of spring clips that can be formed as a spring biased ball detents (117, similar to the spring biased ball detents [70 and 71], of Belanger) or as a pair of spring clip members (116) or from “any other suitable means” (see Column 5, Lines 3-6 and Figures 3 and 4) thereby teaching that spring biased ball detents, spring clip members and “any other suitable means” are all equivalent to each other and wherein the spring clip members are made of a flexible material (“spring” material, Column 5, Line 4)…and configured to contact a temporary fastener (102, because it is similarly retained within the tool 100, of Yang, similar to how the temporary fastener [36] is retained within the tool, of Belanger).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the spring biased ball detents, of Belanger, with the known technique of providing the pair of spring clip members, as taught by Yang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively cooperate/retain an element (Column 2, Lines 15-23).
Furthermore, the examiner notes that while Belanger lacks forming the groove with a shape that matches a shape of the indentation of the temporary fastener. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the shape of the groove such that it matches a shape of the indentation of the temporary fastener, since the applicant has not disclosed that the shape solve any state problem or is for any particular purpose and it appears that the invention would perform equally well with a tubular/circular/round shape.
In addition, Cole et al. teach that it is old and well known in the art at the time the invention was made to provide a temporary fastener actuation tool (382, Figure 9) with a protrusion (i.e. outer surface of 386) having a groove (386) that matches a shape (i.e. tubular/circular/round) of an indentation (202) of a temporary fastener (200, Figures 3, 4 and 9 and Column 6, Lines 31-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the groove, of Belanger, with the known technique of providing the groove that matches a shape of an indentation of a temporary fastener, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively engages at least a portion of installed temporary fastener (Column 6, Lines 31-35).
Finally, assuming arguendo, that Belanger lack the following below, Jones is used for such a teaching;
the plurality of tines being configured to:
expand when the stem is rotated a first direction; and
contract when the stem is rotated a second direction, the second direction being opposite from the first direction.
Jones teach that it is old and well known in the art at the time the invention was made to provide a fastener including a plurality of tines (26) that are configured to:
expand when the stem is rotated a first direction (see claim 16); and
contract when the stem is rotated a second direction, the second direction being opposite from the first direction (see claim 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the plurality of tines, of Belanger, with the known technique of providing the plurality of tines that expand when the stem is rotated a first direction and contract when the stem is rotated a second direction, as taught by Jones, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively to clamps the workpieces into a tight assembly (Column 3, Lines 34-36).
In reference to claim 2, Belanger discloses that the temporary fastener is a Cleco fastener (because it is a temporary fastener, Column 1, Lines 14-25).
In addition, Cole et al. also explicitly teach of providing Cleco fasteners (Column 1, Lines 24-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the fastener, of Belanger, with the known technique of providing the Cleco fastener, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively facilitates maintaining alignment of components to be coupled together (Column 1, Lines 24-27).
In reference to claim 3, Belanger discloses the claimed invention as previously mentioned above, but lacks,
a multi-function end effector (MFEE).
However, Cole et al. further teach that it is old and well known in the art at the time the invention was made to provide a multi-function end effector (Column 2, Lines 58-65) for coupling to a driver (382) for rotating a similar fastener (200, Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the device, of Belanger, with the known technique of providing the multi-function end effector, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile automated device that selectively installs temporary fasteners in the assembly in a more efficient and less labor-intensive manner to facilitate reducing the manufacturing time and cost of manufacturing known assemblies (Column 2, Lines 58-65).
In reference to claim 4, modified Belanger discloses that the temporary fastener actuation tool is coupled to the MFEE (Column 2, Lines 58-65 of Cole et al.).
In reference to claim 5, Belanger discloses that the temporary fastener actuation tool further comprises a spindle (14) coupled to the motor shaft (Figure 1); and the bearing shaft comprises a threaded end (12) that couples the bearing shaft to the spindle (Figure 1).
In reference to claim 6, Belanger discloses that the temporary fastener actuation tool is cylindrical in shape (at least in sections 14, 11 and 16, Figure 2).
In reference to claim 7, Belanger discloses that the protrusion and the plurality of spring clips are coupled to a first end (i.e. upper end thereof in Figure 2) of the temporary fastener actuation tool; the first bearing is located proximate to the first end of the temporary fastener actuation tool (Figure 1); the second bearing is located proximate to the first bearing (Figure 1); and the first bearing and the second bearing are both tubular in shape (Figure 2) such that at least a portion of the temporary fastener may be inserted through the first bearing and the second bearing.
Claims 8-20 are Finally rejected under 35 U.S.C. 103 as being unpatentable over Belanger (4787274) in view of Yang (4727782), Cole et al. (9687946) and optionally further in view of Jones (3263320).
In reference to claims 8 and 15, Belanger discloses a temporary fastener actuation system comprising:
a temporary fastener actuation tool (formed from 14, 11, 16, Figure 2) comprising:
a protrusion (16) comprising a groove (formed as the inner opening within 16);
a spring clip (formed from 71 and 70. Note; element 71 meets the spring and the definition of the term “clip” as defined according to www.merriam-webster.com as being: “any of various devices that grip, clasp or hook”. Since, the balls 70 are “devices that grip” [i.e. portion 38] they meet the definition above and thus the limitation of the claim.), each spring clip comprising an end (i.e. outer end of balls 70) that is aligned with an end (i.e. inner end of opening 72 or under a second interpretation the lower end of the balls are aligned with the lower end of 72, especially when a fastener is inserted and pushes the balls upwardly, see Figure 3 when it has been rotated 90 degrees clockwise) of the protrusion, the plurality of spring clips configured to hold the indentation of the temporary fastener secure against the protrusion (Figure 1);
a bearing shaft (formed from 11 and 54);
a first bearing (i.e. formed as tubular member 21, see Column 2, Line 57, which meets the limitation of the bearing, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) configured to contact the cylindrical body of the temporary fastener and hold the cylindrical body of the temporary fastener stationary (Column 4, Lines 33-34);
a second bearing (i.e. formed as tubular member 27, see Figure 1, which meets the limitation of the bearing, as previously interpreted under 35 U.S.C. 112(f), see section 5b above) coupled to the bearing shaft and configured to contact the stem of the temporary fastener and rotate the stem of the temporary fastener (Column 4, Lines 25-35); and
a motor shaft (41) coupled to the bearing shaft;
a rotary tool (10) configured to (note; all of the bold limitations below are considered as being functional language, which are met during normal operation of the tool because all of the previous structural limitations have been met):
couple to the motor shaft of the fastener removal tool (Figure 1);
rotate the motor shaft and the second bearing in the first direction while the first bearing is stationary, thereby causing the plurality of tines to expand (Column 3, Lines 38-40 and Column 4, Lines 1-35); and
rotate the motor shaft and the second bearing in the second direction (i.e. “counter-rotates”, Column 4, Lines 34-35) while the first bearing is stationary (Column 4, Lines 33-34), thereby causing the plurality of tines to contract.
Belanger lacks,
a plurality of spring clips made of a flexible material…and configured to contact the temporary fastener; and
forming the groove with a shape that matches a shape of the indentation of the temporary fastener.
However, Yang is reasonably pertinent to the problem faced by the inventor (i.e. providing holding or retaining means for holding an element inside the tool, see paragraph 3 of applicants’ Specification). Yang further teaches that it is old and well known in the art at the time the invention was made to provide a plurality of spring clips that can be formed as a spring biased ball detents (117, similar to the spring biased ball detents [70 and 71], of Belanger) or as a pair of spring clip members (116) or from “any other suitable means” (see Column 5, Lines 3-6 and Figures 3 and 4) thereby teaching that spring biased ball detents, spring clip members and “any other suitable means” are all equivalent to each other and wherein the spring clip members are made of a flexible material (“spring” material, Column 5, Line 4)…and configured to contact a temporary fastener (102, because it is similarly retained within the tool 100, of Yang, similar to how the temporary fastener [36] is retained within the tool, of Belanger).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the spring biased ball detents, of Belanger, with the known technique of providing the pair of spring clip members, as taught by Yang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively cooperate/retain an element (Column 2, Lines 15-23).
Next, the examiner notes that while Belanger lacks forming the groove with a shape that matches a shape of the indentation of the temporary fastener. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the shape of the groove such that it matches a shape of the indentation of the temporary fastener, since the applicant has not disclosed that the shape solve any state problem or is for any particular purpose and it appears that the invention would perform equally well with a tubular/circular/round shape.
In addition, Cole et al. teach that it is old and well known in the art at the time the invention was made to provide a temporary fastener actuation tool (382, Figure 9) with a protrusion (i.e. outer surface of 386) having a groove (386) that matches a shape (i.e. tubular/circular/round) of an indentation (202) of a temporary fastener (200, Figures 3, 4 and 9 and Column 6, Lines 31-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the groove, of Belanger, with the known technique of providing the groove that matches a shape of an indentation of a temporary fastener, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively engages at least a portion of installed temporary fastener (Column 6, Lines 31-35).
Finally, assuming arguendo, that Belanger lack the following below, Jones is used for such a teaching;
the plurality of tines being configured to:
expand when the stem is rotated a first direction; and
contract when the stem is rotated a second direction, the second direction being opposite from the first direction.
Jones teach that it is old and well known in the art at the time the invention was made to provide a fastener including a plurality of tines (26) that are configured to:
expand when the stem is rotated a first direction (see claim 16); and
contract when the stem is rotated a second direction, the second direction being opposite from the first direction (see claim 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the plurality of tines, of Belanger, with the known technique of providing the plurality of tines that expand when the stem is rotated a first direction and contract when the stem is rotated a second direction, as taught by Jones, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively to clamps the workpieces into a tight assembly (Column 3, Lines 34-36).
In reference to claims 9 and 16, Belanger discloses that the temporary fastener is a Cleco fastener (because it is a temporary fastener, Column 1, Lines 14-25).
In addition, Cole et al. also explicitly teach of providing Cleco fasteners (Column 1, Lines 24-27).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the fastener, of Belanger, with the known technique of providing the Cleco fastener, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively facilitates maintaining alignment of components to be coupled together (Column 1, Lines 24-27).
In reference to claim 10, Belanger discloses the claimed invention as previously mentioned above, but lacks,
a multi-function end effector (MFEE).
However, Cole et al. further teach that it is old and well known in the art at the time the invention was made to provide a multi-function end effector (Column 2, Lines 58-65) for coupling to a driver (382) for rotating a similar fastener (200, Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the device, of Belanger, with the known technique of providing the multi-function end effector, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile automated device that selectively installs temporary fasteners in the assembly in a more efficient and less labor-intensive manner to facilitate reducing the manufacturing time and cost of manufacturing known assemblies (Column 2, Lines 58-65).
In reference to claim 11, modified Belanger discloses that the temporary fastener actuation tool is coupled to the MFEE (Column 2, Lines 58-65 of Cole et al.).
In reference to claim 12, Belanger discloses that the temporary fastener actuation tool further comprises a spindle (14) coupled to the motor shaft (Figure 1); and the bearing shaft comprises a threaded end (12) that couples the bearing shaft to the spindle (Figure 1).
In reference to claim 13, Belanger discloses that the temporary fastener actuation tool is cylindrical in shape (at least in sections 14, 11 and 16, Figure 2).
In reference to claim 14, Belanger discloses that the protrusion and the plurality of spring clips are coupled to a first end (i.e. upper end thereof in Figure 2) of the temporary fastener actuation tool; the first bearing is located proximate to the first end of the temporary fastener actuation tool (Figure 1); the second bearing is located proximate to the first bearing (Figure 1); and the first bearing and the second bearing are both tubular in shape (Figure 2) such that at least a portion of the temporary fastener may be inserted through the first bearing and the second bearing.
In reference to claim 17, Belanger discloses the motor shaft of the temporary fastener actuation tool is configured to couple to a rotary tool (10, Figure 2). In addition, Cole et al. also teach that it is old and well known in the art at the time the invention was made to provide a multi-function end effector (Column 2, Lines 58-65) for coupling to a driver (382) for rotating a similar fastener (200, Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the device, of Belanger, with the known technique of providing the multi-function end effector, as taught by Cole et al., and the results would have been predictable. In this situation, one could provide a more advantageous and versatile automated device that selectively installs temporary fasteners in the assembly in a more efficient and less labor-intensive manner to facilitate reducing the manufacturing time and cost of manufacturing known assemblies (Column 2, Lines 58-65).
In reference to claim 18, Cole et al. disclose that the rotary tool is a multi-function end effector (MFEE, Column 2, Lines 58-65).
In reference to claim 19, Belanger discloses that the temporary fastener actuation tool further comprises a spindle (14) coupled to the motor shaft (Figure 1); and the bearing shaft comprises a threaded end (12) that couples the bearing shaft to the spindle (Figure 1).
In reference to claim 20, Belanger discloses that the protrusion and the plurality of spring clips are coupled to a first end (i.e. upper end thereof in Figure 2) of the temporary fastener actuation tool; the first bearing is located proximate to the first end of the temporary fastener actuation tool (Figure 1); the second bearing is located proximate to the first bearing (Figure 1); and the first bearing and the second bearing are both tubular in shape (Figure 2) such that at least a portion of the temporary fastener may be inserted through the first bearing and the second bearing.
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference as previously applied in the prior rejection of record for any teaching or matter as specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nichols (7779734) also shows that it is known to provide spring clips (36) for holding a fastener (34, Figure 3).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
Specifically, applicant further defined flexible clips that contact the fastener in all the independent claims.
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 ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723