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 .
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 1-2 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. In claim 1, line 2, the “wider” limitation is indefinite because it is a relative term without a reference. In other words what is it “wider” than? The claims were examined as best understood.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 2-24/0102504) in view of Stoewer (US 6,659,699). Huang discloses a fastener comprising: a bolt (10) including a head (100), a bare section (1010) adjacent the head, an end section (1013), an intermediate section (1012) with a spiral trough (10120), and a threaded section (1011) between the intermediate section and the bare section; and a hollow (11) member including a head (110) and malleable shank (111) with a plurality of holes (1110, 1112, 1111). Huang does not disclose the end section having a wider end and plurality of alternating grooves and ridges. Stoewer discloses a fastener (1) including an end section (11) having a plurality of alternating of grooves and ridges including an wider end, at least wider than the breakneck groove (9). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to replace the end section of Huang with one having alternating grooves and ridges and a wider end as disclosed in Stoewer in order to facilitate its separation and engagement with conventional tools.
Allowable Subject Matter
Claim 2 appears would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu (US 10,081,049), Wright (US 4,969,785) and Szayer (US 4,990,042) are cited to teach other examples of a spiral groove. Schester (US 4,254,809) is cited to teach a wider/tapered end. Cosenza (US 5,061,132) is cited to teach a thread and spiral groove. The other references cited are of general interest.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675