DETAILED ACTION
Receipt is acknowledged of Applicant’s Response, dated 13 January 2026, which papers have been made of record.
Claims 1-20 are currently presented for examination of which claims 1-10 and 16-20 have been withdrawn from consideration.
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
Applicant’s election without traverse of Group II, claims 11-15, in the reply filed on 13 January 2026 is acknowledged.
Claim Objections
Claims 13-15 are objected to because of the following informalities:
Claim 13 recites “when the fastener in in the clamping configuration” at lines 1-2. It appears that the phase “in in” may include a typographical error. Claim 14 includes the same recitation. To the best of the examiner’s understanding, both claims should recite “is in” instead.
Claim 15 recites” axially position remains constant.” It appears that the claim should recite “axial position” instead.
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities: The Brief Description of the Drawings section collectively groups multiple Figures at least at paragraphs [0011], [0014], [0018]-[0019], [0024], [0027], and [0030]. The examiner strongly recommends identifying each individual figure in its own paragraph with a brief description to reduce the opportunity for confusion.
Appropriate correction is required.
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 11-15 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 11 recites “a method for operating a fastener, comprising:” at line 1. It is unclear what the term “comprising” further defines: the fastener or the method. Phrased differently: it is unclear whether the limitations following the term comprising describe the method, the fastener, or both, creating at least an opportunity for confusion.
Claim 11 recites “transitioning the fastener between an insertion and removal configuration and a clamping configuration” at lines 2-3. The claim does not explain either the insertion and removal configuration or the clamping configuration. The examiner notes that withdrawn claim 9 appears to define a clamping configuration of a fastener in terms of a position of legs thereof. The withdrawn claims do not appear to explain the insertion and removal configuration. The examiner notes that the structure of the fastener is not recited in claim 11 in, for example, a “providing a fastener” step, such that all of the essential fastener geometry is recited prior to the recitation of the insertion and removal configuration.
Each of claims 12-15 depend from claim 11, and therefore are rejected for at least the reasons presented above with respect to claim 11.
Claim 15 recites the pronoun “its” at line 2. It is difficult to determine to which previously presented claim element the pronoun refers. Applicant could overcome this rejection by reciting the claim elements in full each time they are to be referenced.
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 11-14
Claims 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2021/0025424 to Brachet (hereinafter “Brachet”).
Regarding claim 11, Brachet discloses a method for operating a fastener (10, 110; see Figs. 1-7), comprising: transitioning the fastener between an insertion and removal configuration (see Fig. 2) and a clamping configuration (see Fig. 3); and adjusting a grip length (compare Pmin, see Fig. 3 and Pmax, see Fig. 7) between a proximal clamping surface (surface 40; see Fig. 1) and a distal clamping surface (unnumbered vertical surface of head 56 shown abutting workpiece 16 in Fig. 7) while an axial length (length of head portion 56) between the distal clamping surface (vertical surface of 56 abutting workpiece) and a distal end (leftmost terminal end of fastener; see Fig. 7) of the fastener remains constant (head portion at 56 understood to be rigid); wherein a body assembly (rods 30, 120; see paragraph [0058]) in the fastener includes a pin (28) that extends through an opening in a shaft (26) and multiple axially extending slots (at least through slots 170; see Figs. 7 and 8) in a sleeve (30).
Regarding claim 12, Brachet discloses the limitations of claim 11, and further Brachet discloses that, when the fastener transitions between the insertion and removal configuration (Fig. 2) and the clamping configuration (Fig. 7), an axial position of the pin 28) within the multiple axially extending slots (170) varies (compare distance between surface at 40 and pin 28 between Figs. 2 and 7).
Regarding claim 13, Brachet discloses the limitations of claim 12, and further Brachet discloses that, when the fastener is in the clamping configuration (Fig. 7), the pin (28) bottoms out at distal axial sides (see paragraph [0059]; pin slideable between first and second ends) of the multiple axially extending slots (170).
Regarding claim 14, Brachet discloses the limitations of claim 12, and further Brachet discloses that when the fastener is in the clamping configuration (see Fig. 7), a distal end of the shaft bottoms out on a cap (136; see Fig. 8, assembly understood to be compressed within housing shown in Fig. 7) that is coupled to a distal opening of the sleeve (30).
Claim 15 and Alternatively, Claims 11-13
Claims 11-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2013/0039716 to McClure (hereinafter “McClure”)
Regarding claim 11, McClure discloses a method for operating a fastener (see Figs. 1-2), comprising: transitioning the fastener between an insertion and removal configuration (see Fig. 1) and a clamping configuration (see Fig. 2); and adjusting a grip length (compare Figs. 1 and 3; equivalent Figures 12B and 13B show adjusted lengths) between a proximal clamping surface (surface 72; see Fig. 1) and a distal clamping surface (face 50; see Fig. 5) while an axial length between the distal clamping surface (face 50) and a distal end (terminal leftmost end face 32) of the fastener remains constant (body between face 32 and face 50 understood to be rigid); wherein a body assembly (see Figs. 4-5) in the fastener includes a pin (66a, 66b) that extends through an opening (apertures 64; see paragraph[ 0055]) in a shaft (30) and multiple axially extending slots (apertures 86a, 86b; see paragraph [0056]) in a sleeve (70).
Regarding claim 12, McClure discloses the limitations of claim 11, and further McClure discloses that, when the fastener transition between the insertion and removal configuration (Fig. 1) and the clamping configuration (Fig. 3), an axial position of the pin (66a, 66b) within the multiple axially extending slots varies (see position of pins 66 in slots 86 between Figs. 1 and 3)).
Regarding claim 13, McClure discloses the limitations of claim 12, and further McClure discloses that, when the fastener is in the clamping configuration (see Fig. 3), the pin (66a) bottoms out at distal axial sides of the multiple axially extending slots (86; see Fig. 2).
Regarding claim 15, McClure discloses the limitations of claim 11, and further McClure discloses that the fastener includes a drive head (98; see paragraph [0058]) coupled to a screw (90) and configured to drive rotation of the screw while its axial position remains constant (see Figs. 2-3; head 98 remains axially static relative to sleeve 70).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication 2010/0327505 to Pratt teaches a temporary fastener device and method for use.
United States Patent Application Publication 2012/0167369 to Holcomb et al. teaches a temporary fastener device and method for use.
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/DARRELL C FORD/Examiner, Art Unit 3726