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 § 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 1-5, 7, 8-12, 14-19, and 21 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.
Claim 1, 8, and 15 each recite the limitation “a threaded cylindrical shaft” followed by “the threaded cylindrical shaft comprises a helical thread”. This combination of limitations is indefinite as it is unclear how the shaft can still be a cylinder if it also has a thread as part of it (e.g. as opposed to being on the shaft, or as opposed to the shaft being substantially cylindrical). Appropriate clarification and correction is required. For examination purposed Examiner assumes Applicant intended to claim “a threaded substantially cylindrical shaft”.
Additionally Examiner notes that other interpretations may necessitate a 112(a) rejection and drawing objection, and/or 112(b) rejections of dependent claims that add additional non-cylindrical shapes (e.g. the discontinuities, etc.).
Claims 2-5, 7, 9-12, 14, 16-19, and 21 are indefinite at least by virtue of depending on an indefinite claim listed above.
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.
Claims 1-5, 7, 15-19, and 21, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brietich et al. (US 2003/0082026).
With regard to claim 1, Brietich discloses a screw (10, as seen in Figs. 1, etc.) comprising: a head (16); and a threaded cylindrical shaft (12) mechanically coupled to the head (as seen in Figs. 1, etc.) such that an axis of the threaded cylindrical shaft extends from the head (as seen in Fig. 1 at 14), wherein the threaded cylindrical shaft comprises a helical thread (20) configured to: sufficiently deform when a linear mechanical force drives the screw into a threaded insert due to mechanical interaction of the helical thread with a thread of the threaded insert (i.e. as it is disclosed as a material that is flexible (see para. [0030], etc.) it is capable of such/has a configuration for such); and sufficiently engage with the thread of the threaded insert (as any threads are when used with an appropriately sized threaded insert); wherein a portion of the helical thread furthest from the head joins a bottom surface of the threaded cylindrical shaft (as seen in Fig. 1 at 32, which is considered a bottom surface of the threaded substantially cylindrical shaft (as interpreted in light of the 112(b) rejection above)).
With regard to claim 2, Brietich discloses that the threaded cylindrical shaft is partially threaded (as seen in Figs. 1 as the tapered portion above the thread is not threaded).
With regard to claim 3, Brietich discloses that a non-threaded portion of the partially threaded cylindrical shaft is configured to fit securely within the threaded insert (as seen in Fig. 1, it can clearly be used with such a threaded insert).
With regard to claim 4, Brietich discloses that the threaded cylindrical shaft further comprises at least one discontinuity in the helical thread (36).
With regard to claim 5, Brietich discloses that a bottom surface of the screw head adjacent to the cylindrical shaft tapers from an edge of the screw head to the cylindrical shaft (as seen in Fig. 1 as it tapered from the underside edge of the screw head to the substantially cylindrical shaft).
With regard to claim 7, Brietich discloses that a top surface of the head comprises at least one feature (44) for facilitating engagement of a tool head to facilitate removal of the screw from the threaded insert (as seen in Fig. 5 it has a Phillips head drive recess which is capable of the claimed intended use).
With regard to claim 15, Brietich discloses a method (as described in the abstract, seen in Fig. 1, etc. it discloses a method or using/providing) comprising: mechanically coupling a head (16) of a screw (10, as seen in Figs. 1, etc.) to a threaded cylindrical shaft (12) such that an axis of the threaded cylindrical shaft extends from the head (as seen in Fig. 1 at 14), wherein the threaded cylindrical shaft comprises a helical thread (20) configured to: sufficiently deform when a linear mechanical force drives the screw into a threaded insert due to mechanical interaction of the helical thread with a thread of the threaded insert (i.e. as it is disclosed as a material that is flexible (see para. [0030], etc.) it is capable of such/has a configuration for such); and sufficiently engage with the thread of the threaded insert (as any threads are when used with an appropriately sized threaded insert); wherein a portion of the helical thread furthest from the head joins a bottom surface of the threaded cylindrical shaft (as seen in Fig. 1 at 32, which is considered a bottom surface of the threaded substantially cylindrical shaft (as interpreted in light of the 112(b) rejection above)).
With regard to claim 16, Brietich discloses that the threaded cylindrical shaft is partially threaded (as seen in Figs. 1 as the tapered portion above the thread is not threaded).
With regard to claim 17, Brietich discloses that a non-threaded portion of the partially threaded cylindrical shaft is configured to fit securely within the threaded insert (as seen in Fig. 1, it can clearly be used with such a threaded insert).
With regard to claim 18, Brietich discloses that the threaded cylindrical shaft further comprises at least one discontinuity in the helical thread (36).
With regard to claim 19, Brietich discloses that a bottom surface of the screw head adjacent to the cylindrical shaft tapers from an edge of the screw head to the cylindrical shaft (as seen in Fig. 1 as it tapered from the underside edge of the screw head to the substantially cylindrical shaft).
With regard to claim 21, Brietich discloses that a top surface of the head comprises at least one feature (44) for facilitating engagement of a tool head to facilitate removal of the screw from the threaded insert (as seen in Fig. 5 it has a Phillips head drive recess which is capable of the claimed intended use).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Buchanan et al. (US 4,900,210) alone.
With regard to claim 8, Brietich discloses a screw (10, as seen in Figs. 1, etc.) comprising: a head (16); and a threaded cylindrical shaft (12) mechanically coupled to the head (as seen in Figs. 1, etc.) such that an axis of the threaded cylindrical shaft extends from the head (as seen in Fig. 1 at 14), wherein the threaded cylindrical shaft comprises a helical thread (20) configured to: sufficiently deform when a linear mechanical force drives the screw into a threaded insert due to mechanical interaction of the helical thread with a thread of the threaded insert (i.e. as it is disclosed as a material that is flexible (see para. [0030], etc.) it is capable of such/has a configuration for such); and sufficiently engage with the thread of the threaded insert (as any threads are when used with an appropriately sized threaded insert); wherein a portion of the helical thread furthest from the head joins a bottom surface of the threaded cylindrical shaft (as seen in Fig. 1 at 32, which is considered a bottom surface of the threaded substantially cylindrical shaft (as interpreted in light of the 112(b) rejection above)).
Brietich is silent as to what device the screw is used in and thus fails to disclose an information handling system comprising: an information handling resource; a carrier configured to mechanically couple to the information handling resource; and the screw mechanically coupling the information handling resource to the carrier.
However it would have been considered obvious to one having ordinary skill in the art at the time of filing to have used the screw of Brietich in an information handling system to mechanically couple an information handling resource to a carrier configured to mechanically couple to the information handling resource as Examiner hereby takes Official Notice that the art is replete with information handling system to mechanically couple an information handling resource to a carrier configured to mechanically couple to the information handling resource and a screw mechanically coupling the information handling resource to the carrier (e.g. any of the plethora of well-known hdds, ssds, io drives, etc. that screwed to a carrier).
As applicant has not traversed examiner’s assertion of official notice, the common knowledge or well-known in the art statement relied upon in examiner’s assertion of official notice is hereby taken to be admitted prior art in accordance with MPEP 2144.03.
With regard to claim 9, the combination (Brietich) discloses that the threaded cylindrical shaft is partially threaded (as seen in Figs. 1 as the tapered portion above the thread is not threaded).
With regard to claim 10, the combination (Brietich) discloses that a non-threaded portion of the partially threaded cylindrical shaft is configured to fit securely within the threaded insert (as seen in Fig. 1, it can clearly be used with such a threaded insert).
With regard to claim 11, the combination (Brietich) discloses that the threaded cylindrical shaft further comprises at least one discontinuity in the helical thread (36).
With regard to claim 12, the combination (Brietich) discloses that a bottom surface of the screw head adjacent to the cylindrical shaft tapers from an edge of the screw head to the cylindrical shaft (as seen in Fig. 1 as it tapered from the underside edge of the screw head to the substantially cylindrical shaft).
With regard to claim 14, the combination (Brietich) discloses that a top surface of the head comprises at least one feature (44) for facilitating engagement of a tool head to facilitate removal of the screw from the threaded insert (as seen in Fig. 5 it has a Phillips head drive recess which is capable of the claimed intended use).
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-12, 14-19, and 21 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.
Examiner’s Recommendations
In the interest of advancing prosecution, Examiner recommends claiming that the thread has a cross-section with two parallel sides inclined radially outward from the shaft towards the head, and that the threaded substantially cylindrical shaft comprises a conical surface at an end opposite the head that ends at a flat bottom surface of the shaft, and that it is the flat bottom surface that the helical thread joins.
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 NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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, Kristina Fulton can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS L FOSTER/ Primary Examiner, Art Unit 3675
