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 .
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) 1-9 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2003/0235483).
Regarding claim 1, Chen discloses a fastener Fig. 5 comprising: a head 1; a shank unit 21 extending longitudinally from said head and defining a central axis, wherein said shank unit includes a drilling portion 3 and a shank portion 2 formed between said head and said drilling portion, said drilling portion having a tip 33 located in opposing relationship to said head; and a thread unit Fig. 5 spirally disposed on said shank unit; wherein said thread unit includes a first thread 20 spirally disposed on an outer periphery of said shank portion and a second thread 31 and a third thread 32 spirally disposed on an outer periphery of said drilling portion, respectively, with said third thread located between said first thread and said second thread, said third thread having a first end facing said head and a second end opposite to said first end. However, Chen fails to explicitly disclose the arrangement of the first end of said third thread being connected to said first thread, said second end of said third thread being connected to said tip of said drilling portion. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the threads in order to scale and otherwise optimize the disclosed structure to achieve its intended use in a particular environment of intended use benefitting from same and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 2, Chen as modified discloses wherein said shank unit 21 defines a horizontal reference line perpendicular to said central axis, said first thread 20 defining a first path while spirally winding around said shank portion 2, said second thread 31 and said third thread 32 defining a second path and a third path respectively while spirally winding around said drilling portion 3, a fourth included angle being defined between said horizontal reference line and said first path of said first thread 20, a fifth included angle being defined between said horizontal reference line and said second path of said second thread 31, a sixth included angle being defined between said horizontal reference line and said third path of said third thread 32, but fails to explicitly disclose wherein the sixth included angle being greater than said fourth included angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 3, Chen as modified discloses wherein said first thread 20 includes a first upper surface facing said head 1, a first lower surface facing said tip 33, and a first thread angle defined between said first upper surface and said first lower surface, said third thread 32 including a third upper surface facing said head 1, a third lower surface facing said tip 33, and a third thread angle defined between said third upper surface and said third lower surface, but fails to explicitly disclose where the first thread angle being different from said third thread angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 4, Chen as modified discloses the invention as claimed above but fails to explicitly disclose wherein said first thread angle is smaller than said third thread angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 5, Chen as modified discloses wherein said third thread 32 includes a third upper surface facing said head 1 and a third lower surface facing said tip 33, said third upper surface and said third lower surface converging at a crest, but fails to explicitly disclose where the arrangement of the crest defines a crest reference line perpendicular to said central axis, a third upper thread angle defined between said third upper surface and said crest reference line being different from a third lower thread angle defined between said third lower surface and said crest reference line. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the threads to in order to scale and otherwise optimize the disclosed structure to achieve its intended use in a particular environment of intended use benefitting from same and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 6, Chen as modified discloses wherein said second thread 31 includes a second upper surface facing said head and a second lower surface facing said tip, said second upper surface and said second lower surface converging at a peak, but fails to explicitly disclose where the peak defining a peak reference line perpendicular to said central axis, a second upper thread angle defined between said second upper surface and said peak reference line being equal to a second lower thread angle defined between said second lower surface and said peak reference line. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the threads to in order to scale and otherwise optimize the disclosed structure to achieve its intended use in a particular environment of intended use benefitting from same and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Regarding claim 7, Chen as modified discloses wherein said first thread 20 includes a first upper surface facing said head, a first lower surface facing said tip 33, and a first thread angle defined between said first upper surface and said first lower surface, said second thread 31 including a second upper surface facing said head, a second lower surface facing said tip, and a second thread angle defined between said second upper surface and said second lower surface, but fails to explicitly disclose where said first thread angle being different from said second thread angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Chen as modified discloses the invention as claimed above but fails to explicitly disclose wherein said first thread angle is smaller than said second thread angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 9, Chen as modified discloses wherein said second thread 31 includes a second upper surface facing said head 1, a second lower surface facing said tip 33, and a second thread angle defined between said second upper surface and said second lower surface, said third thread 32 including a third upper surface facing said head, a third lower surface facing said tip, and a third thread angle defined between said third upper surface and said third lower surface but fails to explicitly disclose where said second thread angle being equal to said third thread angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 12, Chen as modified discloses a fastener Fig. 5 comprising: a head 1; a shank unit 21 extending longitudinally from said head and defining a central axis, wherein said shank unit includes a drilling portion 3 and a shank portion 2 formed between said head and said drilling portion, said drilling portion having a tip 33 located in opposing relationship to said head; and a thread unit spirally disposed on said shank unit; wherein said thread unit includes a first thread 20 spirally disposed on an outer periphery of said shank portion and a second thread 31 and a third thread 32 spirally disposed on an outer periphery of said drilling portion, respectively, with said third thread located between said first thread and said second thread, said third thread having a first end facing said head and a second end opposite to said first end, with said first end of said third thread connected to said first thread, said first thread defining a first path while spirally winding around said shank portion, said second thread and said third thread defining a second path and a third path respectively while spirally winding around said drilling portion, a first included angle being defined between said central axis and said first path of said first thread, a second included angle being defined between said central axis and said second path of said second thread, a third included angle being defined between said central axis and said third path of said third thread but fails to explicitly disclose where said first included angle being greater than said third included angle, said third included angle being greater than said second included angle. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the angles of the threads to any number of ranges (i.e. greater than or equal to, etc.) disclosed by Applicant, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 13, Chen as modified discloses wherein said second thread 31 is connected to said tip 33 so that said second thread starts spiraling from said tip.
Regarding claim 14, Chen as modified discloses wherein said second end of said third thread 32 is connected to said tip 33. Regarding claim 15, Chen as modified discloses the invention as claimed above but fails to explicitly disclose wherein said first thread 20 is arranged connected to said tip so that said first thread starts spiraling from said tip. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Chen et al. (US 2008/0025816).
Regarding claim 10, Chen as modified discloses the invention as claimed above but fails to explicitly disclose a cutting unit being formed on each of said first threaded convolutions. Chen et al., a fastener Fig. 5, discloses the use of a cutting unit 30 being formed on each of a first threaded convolution 22. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the first threaded convolution of Chen with a cutting unit as taught by Chen et al. in order to cut a workpiece successively and guide chips out of the head smoothly for preventing the workpiece from cracking. (Col. 3, Ln. 18 of Chen et al.) Regarding claim 11, the combination discloses wherein said first thread 31 defines an imaginary line, said imaginary line being defined by connecting respective cutting units (30 of Chen et al.) of adjacent first threaded convolutions sequentially, said imaginary line being non-parallel to said central axis of said shank unit.
Response to Arguments
Applicant's arguments filed 6/9/26 have been fully considered but they are not persuasive. Applicant argues that the Examiner has not demonstrated obviousness of this limitation, stating that the claim limitation yields a novel and useful result: because of the connection between the first and third threads, the third thread serves not only as a cutting implement but also as a guide for chip debris to the first thread, which then carries the debris to the upper portion of the shank unit. This is not persuasive, since the Chen reference only discloses that lower end 300 does not connect to threads 31 and 32, similarly to present application where threads 331 do not connect to threads 333. However, Chen does in fact contemplate threads 72 being connected to thread 70 carries the debris to the upper portion of the shank unit (also see claim 2). Therefore, it would have it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the threads in order to scale and otherwise optimize the disclosed structure to achieve its intended use in a particular environment of intended use benefitting from same and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japiske, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Conclusion
THIS ACTION IS MADE FINAL. 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 EUGENE G BYRD whose telephone number is (571)270-1824. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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/EUGENE G BYRD/Primary Examiner, Art Unit 3675
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