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 § 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 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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shuart et al. (U.S. 9,400,005).
As for Claim 1, Shuart discloses a fastening member (120) caulked and fixed to a mating member, the fastening member characterized by comprising:
a bearing surface (128) that is press-fitted into the mating member or comes into contact with the mating member at time of caulking;
a fastening function portion (140) formed in a central portion of the bearing surface; and
a plurality of protrusions (162) formed to protrude from the bearing surface at positions surrounding the fastening function portion (Fig. 8), characterized in that the protrusions include an inclined surface (164) inclined so as to approach the bearing surface from an outer peripheral side toward an inner peripheral side of the fastening member (see Fig. 8);
wherein the protrusions (162) are independent of each other in terms of not being connected to a pedestal on the bearing surface at their inner peripheral ends (see Fig. 8).
Re: 2. The fastening member according to claim 1, characterized by further comprising a recess (see recess between 64 and bearing face 128, see Fig. 10) into which a material of the mating member flows at the time of caulking between the fastening function portion and the bearing surface.
Re: 3. The fastening member according to claim 1, characterized in that the plurality of protrusions include a ring-shaped protrusion and a radial protrusion (see Fig. 8) formed at a position between the fastening function portion and the ring-shaped protrusion (see Fig. 8).
Re: 4. The fastening member according to claim 2, characterized in that the fastening function portion is a shaft portion (136) including an external thread (see Fig. ).8
Re: 5. The fastening member according to claim 2, characterized in that the fastening function portion is a through hole (124) having an internal thread or having no internal thread (see Fig. 8).
Re: 6. The fastening member according to claim 4, characterized in that a recess (44) into which the material of the mating member flows at the time of caulking is formed between the bearing surface (128) and an incomplete thread portion of an end portion of the external thread (see Figs. 8 and 10).
Re: 7. The fastening member according to claim 4, characterized in that a recess (see Fig. 8) into which the material of the mating member flows at the time of caulking is formed between the bearing surface (128) and a ring (136) formed at an end portion of the shaft portion including the external thread (see Fig. 8).
Re: 8. The fastening member according to claim 5, wherein a recess (see Fig. 8) into which the material of the mating member flows at the time of caulking is formed between the bearing surface (128) and an annular leg portion (140) formed around the through hole.
Re: 9. (New) The fastening member according to claim 1, wherein the protrusions include a flat surface (rear surface of 162 or 168) on the outer peripheral side of the inclined surface and a steep slope surface (164) on the outer peripheral side of the flat surface.
Re: 10. (New) The fastening member according to claim 9, wherein an angle of the
steep slope surface with respect to the bearing surface is greater than an angle of the inclined surface with respect to the bearing surface (see Fig. 8).
Re: 11. (New) The fastening member according to claim 10, wherein the angle of the inclined surface with respect to the bearing surface is from 10° to 70° (see Fig. 8).
Re: 12. (New) The fastening member according to claim 10, wherein the angle of the
steep slope surface with respect to the bearing surface is from 60° to 90° (see Fig. 8).
Re: 13. (New) The fastening member according to claim 10, wherein an angle of the flat surface with respect to the bearing surface is from 0° to 10° (see Fig. 8).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ward (U.S. 7,112,024) discloses an analogous fastener pertinent to Applicant’s invention.
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 DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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, Jason San can be reached at (571)272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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