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 .
Information Disclosure Statement
The information disclosure statement filed 7/24/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. The examiner finds no copy of the NPL documents.
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 lateral play of the screw shaft (claims 21 and 24) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “running clearance” is not found in the specification.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dobbrunz (US 5,333,976). In the embodiments shown in Figs. 8 and 9, Dobbrunz discloses a machining fixing counterbore bolt (14) comprising: a hexagonal head (52); a bolt shaft including a shank portion (54) and a threaded portion (42); a smooth axial bore (50) through the head and shaft for a clearance or sliding fit with a screw shaft (18); and a smooth counterbore in the bolt head to fit a screw head (62) sized for the screw head to bear on a bottom of the counterbore (at 126). The machining fixture and the part to be machined are recitations of intended use of which the bolt of Dobbrunz would be capable of. Dobbrunz further teaches a “running clearance” between the head of the screw and sidewall of the counter bore because the limitation is undefined. Dobbrunz also teaches a annular bottom (128). There is nothing which precludes the annular bottom from bring conical.
Claims 1-5 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hagen (US 2022/0065281). Hagen discloses a machining fixing counterbore bolt (48) comprising: a hexagonal head (72); a bolt shaft including an unthreaded shank portion (pointed to below) and a threaded portion (66); a smooth axial bore (74, 80) through the head and shaft for a clearance or sliding fit with a screw shaft (82); and a smooth cylindrical counterbore (74) with a smooth sidewall and an annular end wall (78); the counterbore sized to fit a screw head (84) with a “running clearance” between the head of the screw and sidewall for the screw head to bear on a bottom of the counterbore. The smooth axial bore is larger than the screw shaft (at 80) to provide a lateral play of the screw relative to the bolt. The machining fixture (14) and the part to be machined (12) are recitations of intended use of which the bolt of Hagen would be capable of.
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Allowable Subject Matter
Claims 1-6 and 22-24 allowed. The following is an examiner’s statement of reasons for allowance: the prior art does not disclosed the machining fixture in combination with a machining fixture and a part to be machined.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Remarks
As still applicable to the pending rejection, the applicant argues the claims as amended define over Dobbrunz (US 5,333,976). Applicant argues that Dobbrunz teaches a locking friction so it would not meet the limitation of the smooth counterbore sidewall and screw head having a running clearance. In response, the examiner disagrees because as explained in the above rejection the “running clearance” is undefined which does not impart any specific structure, and the claims do not preclude there being a locking friction.
The reference to Hagen has been applied to teach the “running clearance” as a gap between the counterbore sidewall and screw head as well as the lateral play.
The arguments addressing the rejections over Attermeyer are moot in light of the indication of allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rausch (US 2004/0037670) is cited to teach a lateral play. Vassalotti (US 4,664,586) and Smith (US 5,481,811) are cited to teach adjustable work holders.
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 FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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