This is a Final office action for serial number 19086699.
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 6-10 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Sheldon 3,480,060. The applicant is reminded that the first bolt and second bolt are not positively claimed therefore the prior art only need to be capable of performing the functions related to first bolt and second bolt.
Sheldon discloses claims:
6. A double-sided threaded pipe for the bilateral fastening of one bolt on each side so that a first bolt is fastenable at a first side and a second bolt, different from the first bolt, is fastenable at a second side, each bolt having an outer thread, wherein the double-sided threaded pipe comprises: a. a pipe (10) with a first and a second opening opposite one another, b. a first inner thread (14) which is arranged adjacent to the first opening and has a first thread direction, and a second inner thread (12) which is arranged adjacent to the second opening and has a second thread direction, the first and second thread directions of which are the same thread direction and enable threaded connections in the same rotation direction (capable since threads are cut at same thread direction and helically coiled threads are identical therefore having same thread direction), c. a screw-in space (non threaded area within 11) which is located between the first and the second inner thread and has a free inner diameter which is larger than a larger nominal diameter of the first and second inner thread, wherein d. the first inner thread is i. a thread insert (14) fastened adjacent to the first opening, or ii. a blind rivet nut fastened adjacent to the first opening or iii. an inner thread (19) in the pipe (10), the thread being cut (column 3, liens 43-58) adjacent to the first opening, with a wire thread insert (14) being arranged therein, and e. the second inner thread is i. a blind rivet nut fastened adjacent to the second opening or ii.an inner thread (18) in the pipe (10), the thread being cut adjacent to the second opening, with a wire thread insert (12) being arranged therein.
7. The double-sided threaded pipe according to claim 6, in which the first and/or the second thread comprise a thread lock (21).
8. The double-sided threaded pipe according to claim 6, comprising a circumferential lateral surface that is completely closed radially outwardly and encompassing the inner threads (19/14 and 18/12) and the screw-in space (internal non-threaded area of 10).
9. The double-sided threaded pipe according to claim 8, having a round or polygonal circumferential design (see column 2, line 41) .
10. The double-sided threaded pipe according to claim 6, the screw-in space of which is configured without thread (see figure below) on a radial inner side.
[AltContent: textbox (Second inner thread 12)][AltContent: arrow][AltContent: textbox (First inner thread 14 )][AltContent: textbox (Pipe 10)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Screw-in space 11)][AltContent: arrow][AltContent: textbox (Second opening)][AltContent: textbox (First opening)][AltContent: arrow]
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byrum et al. (Byrum) 5,080,313 in view of Sheldon 3,480,060, as discussed above.
Byrum discloses claims:
11. A vertical fastening of a channel for guiding a medium or conduits comprising: a vertical anchor (18) with a threaded connector (threads on 18), a retaining bolt (83) in combination with a retaining traverse as a resting surface for a channel (15/19) or a retaining clamp for a round channel, wherein an outer thread of the retaining bolt is configured to match an inner thread of the threaded pipe, or a retaining clamp for a round channel with a nut thread which is configured to match an outer thread of a thread bolt in the second opening of the threaded pipe.
12. The vertical fastening according to claim 11, in which the vertical anchor (18) is a heavy-duty anchor or a hanger bolt or a pop rivet or bolt with threaded connector or a threaded rod with dowel end.
Byrum discloses all of the limitations of the claimed invention except for
a thread pipe according to claim 6
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Byrum to have included a threaded pipe as taught by Sheldon for the purpose of providing quick means of attachment for the device therefore allowing the pipe to be cut to length on site to produce the length desired by the user.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jenkins 3,506,227 in view of Sheldon 3,480,060, as discussed above.
Jenkins discloses claims:
11. A vertical fastening of a channel for guiding a medium or conduits comprising: a vertical anchor (58) with a threaded connector (threads on 58), a retaining bolt (64) in combination with a retaining traverse as a resting surface for a channel or a retaining clamp (42/38) for a round channel (32), wherein an outer thread of the retaining bolt is configured to match an inner thread of the threaded pipe, or a retaining clamp for a round channel with a nut thread which is configured to match an outer thread of a thread bolt in the second opening of the threaded pipe.
12. The vertical fastening according to claim 11, in which the vertical anchor (58) is a heavy-duty anchor or a hanger bolt or a pop rivet or bolt with threaded connector or a threaded rod with dowel end.
Jenkins discloses all of the limitations of the claimed invention except for
a thread pipe according to claim 6
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Jenkins to have included a threaded pipe as taught by Sheldon for the purpose of providing quick means of attachment for the device therefore allowing the pipe to be cut to length on site to produce the length desired by the user.
Allowable Subject Matter
Claims 1-5 are allowed.
The closest prior art does not disclose A fastening method of a channel for guiding a medium or conduits with the help of an adaptable vertical fastening, comprising: S3. screwing-in the free thread end of the retaining bolt into the second inner thread of the threaded pipe in the rotation direction so that the holding construction of the channel is connected with the vertical anchor by the threaded pipe, wherein the fastening method further comprises: providing the threaded pipe as a pipe with an inner thread end having the first inner thread and a free pipe end, cutting to length of the threaded pipe at the free pipe end to a defined length and providing the second inner thread in the free pipe end opposite to the first inner thread end and including all of the other limitations in the claim.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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