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 in the reply filed on 2/16/2025 is acknowledged.
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.
Claim 11 is 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. In claim 11 there is no antecedent basis for “the tapered portion”.
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 10-11 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gannaway (US 3,096,555). Gannaway discloses a form comprising: a first form (10a) including a first alignment plate (15) with a first opening (22); a second form (10b) including a second alignment plate (16) with a tapered second opening (23); an indexing bolt (21) for joining the forms extending through the openings having a tapered non-threaded indexing portion (21) seated against the second alignment plate in the second opening. The indexing bolt comprising a first threaded barrel portion (27) receiving an adjustable retainer in the form of a flanged nut (26) engaging the first form assembly (at 28) and, a second smaller threaded barrel portion (25) threadably coupled to the second form (via nut 24). A proximal end of the tapered portion is being adjacent the first form. The composite part and the adjustments to a critical length are recitations of intended use which Gannaway would be capable of.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gannaway. Gannaway does not discuss any dimension of in regards to a length the flange nut can adjust over the first barrel portion. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have the minimum and maximum adjustment within the claimed range because it is well known to make fasteners in different dimension based on the design requirements for a particular application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hill (US 33,839), Whitney (US 1,153,986), Michelin (US 1,635,895), Scray (US 1,361,627) and Ampferer (US 4,510,898) are cited to teach an indexing bolt the tapered portion separating two threaded barrel portions with Whitney being a particular interest for teaching a head at an end of a first barrel portion. The additional reference cited are of general interest.
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.
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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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