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 .
Summary
This communication is a First Office Action Non-Final Rejection on the merits.
Claim(s) 12-21 is/are currently pending and considered below.
Election/Restrictions
Applicant’s election without traverse of claims 12-21 in the reply filed on 10 December 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(s) 14 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 14, limitation “wherein said vibratory input tool has a frequency of vibration that is better at loosening the fasteners than at least one other frequency” renders the claim indefinite because the limitation as written fails to establish the metes and bounds of said frequency of vibration. First, the claim fails to define the range of frequency that actually performs better at loosening the fasteners than at least one other frequency; second, the types and specification of the fasteners are not recited such that one having ordinary skill in the art would be able to determine the frequency of vibration that can be better at loosening the fasteners than at least one other frequency. As a result, the metes and bounds of the frequency of vibration is not established. For the purposes of examination, any vibratory input tool that reads on claim 13 is considered to meet the limitations of claim 14 (since, for example, any vibratory tool readily available would be better at loosening fasteners than, for example, at a frequency of 1 Hz.)
All dependent claims of the above claims inherit all of the limitations and thus are likewise rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter.
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.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shaw (US 2022/0283053 A1).
Regarding claim 12, Shaw discloses a tool (10) for removing at least some threaded fasteners and/or other fasteners (72/80, Fig. 6) holding a component (70/68) within an assembly (14), the tool comprising in combination:
a retainer (16 including 26/27, Fig. 1) for holding the assembly; and
a vibratory input tool (32, Fig. 2), adjacent to said retainer.
Regarding claim 13, Shaw discloses the tool of claim 12 wherein said vibratory input tool includes a head with a flat face (geared transmission 36 contains a flat face as shown in Fig. 2), which head vibrates relative to a body of said vibratory input tool (para 44).
Regarding claim 14, Shaw discloses the tool of claim 13 wherein said vibratory input tool has a frequency of vibration that is better at loosening the fasteners than at least one other frequency (see 112(b) rejection above).
Regarding claim 15, Shaw discloses the tool of claim 12 wherein a backstop of said retainer is located opposite said vibratory input tool (portion of 24 opposite 36, Fig. 2) to keep the assembly adjacent to an output head of the vibratory input tool (intended use, performed by said portion of 24).
Allowable Subject Matter
Claim(s) 16-21 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The claims in this application have been allowed because the prior art of record fails to disclose or make obvious the claimed invention including the following features:
Claim 16, “wherein said backstop is supported by springs.”.
Claim 18, “wherein at least one conveyor is adjacent to said retainer and said conveyor feeds assemblies to have at least some of their fasteners removed to a location where said vibratory input tool is located”
Prior art of record, including Shaw, fails to anticipate of make obvious the above limitations.
The combination of the claimed limitations are novel and found to be allowable over the prior art. The cited references taken singly or in combination do not anticipate or make obvious the Applicant's claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892 Notice of References Cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Himchan Song whose telephone number is (571)272-4142. The examiner can normally be reached M-Th 9:00 a.m. - 4:30 p.m.
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, Anna Kinsaul can be reached at (571) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIMCHAN SONG/Examiner, Art Unit 3731