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 .
Response to Arguments
Applicant's arguments filed 7/21/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8, 11-12 and 14-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The original disclosure does not state “protrusion is completely fit in the indentation”. It is noted that drawings are not clear enough to show this and one cannot assume that the drawings are also to scale.
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 1-8, 11-12 and 14-15 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.
Unclear what applicant means by “the annular protrusion is completely fit in the indentation”, this is not described in the specification or original disclosure.
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(s) 1-2, 4, 6-8, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Grace et al (US. 20210143380) in view of Kornblum (US. 7306418).
Grace discloses an electric apparatus (e.g. paragraph 0001 and 0002, electric vehicle 10) with a battery (e.g. 12) having a first connecting member (e.g. 94), a second connecting member (e.g. 96), connecting the first and second members with a screw (e.g. paragraph 0043) which can be selected from bolts, self-piercing rivets, flow drill screws or any combination thereof (see paragraph 043) and the screw abuts against one of the first and second connecting members (e.g. that is the case for flow drill screws). Kornblum discloses a screw (e.g. 62) comprising a head (e.g. 66), a threaded rod (e.g. 68) connected to the head, wherein an annular protrusion (e.g. 74) is provided on a surface (e.g. surface 76) of the head located on a threaded rod side (e.g. see figure 1), an annular indentation is formed on a surface of a member and the annular protrusion is completely fit in the indentation (e.g. see figures 4-5), wherein on a cross section at which a central axis of the annular protrusion is located, the annular protrusion has any one of a triangular cross section and an arc-shaped cross section (e.g. see cross-sectional shape of 74 in figures 4-5), wherein the head has a shaped top and a cap edge (e.g. edge having the protrusion 26) extending radially more outward than the top, the annular protrusion being disposed on the cap edge (e.g. see figures 4-5), wherein on the surface of the head located on the threaded rod side, the annular protrusion has an annular sealant application portion radially outward (e.g. flat surface is provided on radially outward side of the protrusion 74), an annular groove (e.g. groove on the inner side of the protrusion) is provided radially inward of the annular protrusion, wherein the annular protrusion surrounds the threaded rod, the annular protrusion and the threaded rod are spaced apart (e.g. figures 4-5 shows this). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the flow drill screw of Grace to have a protrusion and groove as taught by Kornblum with reasonable expectation of success to provide positive attachment of the screw to the member contacting the protrusion (see Kornblum, the annular shape of the deforming element 74 operates to deform an annular malleable edge portion 20 defining a fastener opening 16 to create a radially extending annular stop within the opening and thereby reduce the diameter of the opening 16 to retain the fastening portion 68 and the reduced diameter portion 70 of the fastener 62 within the opening).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Grace and Kornblum as applied to claim above, and further in view of Simpson et al (US20190257344A1).
Grace discloses (e.g. inherently all screws have a head and this is taught by Grace) the invention as claimed above but fails to disclose the flow drill screw having a head which is a plum shaped. Simpson discloses a head of a screw with the head having a top that is of a plum shape (e.g. see figure 4 lobes 88 and recesses 86). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the flow drill screw of Grace to be plum shaped head as taught by Simpson with reasonable expectation of success to facilitate engagement of drive tool top reduce the time from initial contact between the drive tool and the drive arrangement to operational contact that results in rotation of the fastening device (e.g. see paragraph 0055 of Simpson).
Claim(s) 5, 7 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Grace and Kornblum and further view of Weckerle et al (US20240167497 or WO2022090519A1).
Grace discloses the invention as claimed above but fails to disclose wherein the flow drill screw is coated with a sealant. Weckerle discloses a screw head with a surface that is on a side of the thread and entirety of the surface having a sealant (15). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the surface of Grace to have sealant as taught by Weckerle with reasonable expectation of success to provide a bead on the outer side of the head (e.g. see 0038 or 0040 of US20240167497). The combination of Grace and Weckerle teach that the sealant is provided on the entire surface of the screw head, which results a sealant is applied in the annular groove. The combination of Grace and Weckerle teach wherein in the connected state, radially outward of the annular protrusion, a sealant is present between the head and a surface of a head-contacting one of the first connecting member and the second connecting member (e.g. this is the case since the sealant is applied to the entirety of the surface of the head).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. When and if applicant claims a protrusion that is piercing and also a proper groove, see references on form 1442 and form 892 which teach this structure.
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 VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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