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 (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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McClure (US 2017/0268552).
With regard to claim 1, McClure ‘552 discloses a fastener (100), comprising: a screw (120) threadingly engaging a drive sleeve (130, shown threadingly engaging as seen in Figs. 1, 3, etc.); a collet body (140) including one or more legs (142) extending from a crown (141), wherein each of the one or more legs includes a clamping foot (146) that extends therefrom (as seen in Figs. 3, etc.) and wherein each of the one or more clamping feet mate with a sleeve opening (132) in the drive sleeve (as seen in Figs. 2-3, etc.); and a housing (110) that receives the drive sleeve (as seen in Figs. 1, etc.); wherein the housing prevents rotation of the drive sleeve (as described in the abstract, etc.) and permits vertical translation of the drive sleeve (as disclosed in para. [0060], [0070], etc., as seen in Fig. 1 vs Fig. 15, etc.); and wherein a lower section (e.g. the portion comprising the axial end near the head of the screw, which can be considered lower as it is lower than other portions, can be lower when installed, etc.) of the housing axially delimits a protrusion (i.e. as seen in Figs. 1, 23, etc. in combination with para. [0065], etc.) of the drive sleeve (as seen in Figs. 1, etc.).
With regard to claim 2, McClure ‘552 discloses that an outer diameter of the one or more sleeve openings is greater than an inner diameter of the housing (as seen in Figs. 19-21, etc.).
With regard to claim 3, McClure ‘552 discloses that the housing includes a one or more vertical slots (115) that mate with one or more drive sleeve protrusions that include the protrusion (as seen in Fig. 23, etc.).
With regard to claim 4, McClure ‘552 discloses that each of the one or more sleeve openings extend outward through one of the drive sleeve protrusions in the one or more drive sleeve protrusions (as seen in Figs, 23, etc.).
With regard to claim 5, McClure ‘552 discloses that the sleeve includes a lower cylindrical section (i.e. the portion not including the protrusions, e.g. as seen in Figs. 19-21) that form lower ends of the one or more sleeve openings (as seen in Figs. 19-21 as it at least partially forms part of the openings which can be considered lower with some reference frames).
With regard to claim 6, McClure ‘552 discloses that the one or more drive sleeve protrusions axially extend to a distal end of the drive sleeve (as seen in Figs. 19-21, etc.).
With regard to claim 7, McClure ‘552 discloses that the one or more vertical slots extend to a distal end (e.g. the end proximate 170) of the housing (as seen in Fig. 23, etc.).
With regard to claim 8, McClure ‘552 discloses that a head (122) of the screw is axially delimited in an upper opening of the housing via a retaining ring (113, as seen in Fig. 25, etc.).
With regard to claim 9, McClure ‘552 discloses a cap (e.g. 150 or 170) mated with a lower opening (i.e. the opening receiving the legs) in the drive sleeve (as seen in Fig. 6, etc. as it is at least mated thereto via other intervening elements).
With regard to claim 10, McClure ‘552 discloses that in a free-spin configuration (i.e. at least prior to full assembly) a head (122) of the screw is axially captured in a head (112) of the housing (as seen in Fig. 1-2, etc.) and is able to independently rotate in relation to the drive sleeve (as would be seen in the Figs. at least prior to full insertion of the screw in the housing).
With regard to claim 11, McClure ‘552 discloses that a lower end (e.g. the lower end of the threaded portion) of the screw does not extend beyond a lower opening of the drive sleeve when the fastener is in a minimum grip length configuration (as seen in Fig. 3, etc.).
With regard to claim 12, McClure ‘552 discloses that the one or more clamping feet are positioned above the crown in relation to a central axis of the fastener (as seen in Figs. 1, 3, etc.).
With regard to claim 13, McClure ‘552 discloses a snap mechanism (i.e. the drive sleeve protrusions can be considered snap mechanism) positioned within the housing (as seen in Figs. 1, 3, etc.) and configured to inhibit decoupling of the drive sleeve from the housing (as seen in Figs. 1, 3, etc.).
With regard to claim 14, McClure ‘552 discloses a blind fastener (100), comprising: a screw (120) threadingly engaging a drive sleeve (130); a collet body (140) including a crown (141) with one or more legs (146) extending therefrom (as seen in Fig. 3, etc.), wherein each of the one or more legs includes a clamping foot (146) that extends therefrom (as seen in Fig. 3, etc.) and wherein each of the one or more clamping feet mate with a sleeve opening (132) in the drive sleeve (as seen in Fig. 2-3, etc.); and a housing (110) that includes one or more vertically extending slots (115) that each receive a drive sleeve protrusion (as seen in Fig. 23, etc.); wherein the housing prevents rotation of the drive sleeve (as described in the abstract, etc.) and permits axial translation of the drive sleeve during clamping and unclamping (as disclosed in para. [0060], [0070], etc., as seen in Fig. 1 vs Fig. 15, etc.); and wherein a lower section (e.g. the portion comprising the axial end near the head of the screw, which can be considered lower as it is lower than other portions, can be lower when installed, etc.) of the housing axially delimits a protrusion (i.e. as seen in Figs. 1, 23, etc. in combination with para. [0065], etc.) of the drive sleeve (as seen in Figs. 1, etc.).
With regard to claim 15, McClure ‘552 discloses that the one or more vertically extending slots do not extend to a lower end of the housing (as seen in Fig. 1 when 170 is considered a lower end of the housing).
With regard to claim 16, McClure ‘552 discloses that each of the one or more sleeve openings extends around an upper side, a lower side, and laterally opposing sides of an associated one of the one or more clamping foot (as seen in Figs. 1, 23, etc.).
With regard to claim 17, McClure ‘552 discloses a blind fastener (100), comprising: a screw (120) threadingly engaging a drive sleeve (130); a collet body (140) including a crown (141) with one or more legs (146) extending therefrom (as seen in Fig. 3, etc.), wherein each of the one or more legs includes a clamping foot (146) that extends therefrom (as seen in Fig. 3, etc.) and wherein each of the one or more clamping feet mate with a sleeve opening (132) in the drive sleeve (as seen in Fig. 2-3, etc.); and a housing (110 with 170) that includes lower polygonal opening (as seen in Figs. 23, etc. the slots 115 are polygonal openings) which receives an upper polygonal extension of the drive sleeve (as seen in Fig. 23, etc. the protrusion is a polygonal extension); wherein a portion of the lower polygonal opening circumferentially encloses a portion of the upper polygonal extension (as seen in Fig. 23, etc. the opening defined in 110 with 170 encloses the projection on each side).
With regard to claim 18, McClure ‘552 discloses that an outer diameter of the housing and an outer diameter of the drive sleeve are substantially equivalent (as seen in Figs. 19-22, etc. at least at the outer diameter of the drive sleeve not including the protrusions).
With regard to claim 19, McClure ‘552 discloses that the screw includes an unthreaded portion (124) positioned below a threaded portion (e.g. at reference line 120 in Fig. 22, etc.).
With regard to claim 20, McClure ‘552 discloses that a snap mechanism (i.e. the drive sleeve protrusions can be considered snap mechanism) positioned within the housing (as seen in Figs. 1, 3, etc.) and configured to inhibit decoupling of the drive sleeve from the housing (as seen in Figs. 1, 3, etc.).
Response to Arguments
Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection. In so much as they may apply the new/amended grounds of rejection above, Applicant’s arguments filed 24 July 2026 have been fully considered but art not persuasive.
Applicants first main argument against the prior art rejections of independent claims 1 and 14 is that McClure fails to disclose that the lower section of the housing axially delimits the drive sleeve protrusion. This argument is not persuasive as this new limitation is fully rejected in the new/amended grounds of rejection above. Specifically Applicant has not defined what it is lower with respect to in order to limit it to the argued interpretation. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s next argument against the prior art rejection of claim 17 is that McClure fails to disclose that a portion of the lower polygonal opening circumferentially encloses a portion of the upper polygonal extension. This argument is not persuasive as this new limitation is fully rejected in the new/amended grounds of rejection above. Specifically Applicant has not specifically claimed that the housing is a single piece/unitary element and as such there are portions of 110 and attached 170 (that together make up the housing) that surround the extension on each side. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In the interest of advancing prosecution Examiner recommends claiming the upper and lower directions (perhaps with respect to where the screw is installed from)and then claiming how the lower section of the opening of the housing is configured to abut the protrusion and limit its axial downward travel.
Conclusion
Applicant's amendment necessitated any new/amended 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.
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/NICHOLAS L FOSTER/Primary Examiner, Art Unit 3675
