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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the sawtooth structure in combination with the flutes must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: The reference numerals in Fig. 19 do not correspond to the description p.[0064].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 9-20 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. In each of claims 9 and 15, it is unclear what the leading and trailing edge of the thread refers to particularly with the sawtooth structure also having a leading and trailing edge. In claims 11 and 12, “each leading forms” is unclear because; it appears it should be --leading edge—and then there was introduced both a leading thread edge and a leading sawtooth edge so it’s additionally unclear which edge is being referred to. Claim 17 is indefinite because both “a leading edge” and “a trailing edge” are double inclusion and again it’s additionally unclear which edge is being referred to. Also in claim 17 the non-normal leading edge and normal trailing edge is indefinite with a shell-shaped teeth introduced in claim 15.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thurston (US 3,492,908). Thurston discloses a fastener (7) comprising: a shaft (8) with a first end (9) and a second end with a head (11); a thread (14) provided on the shaft with a first region (9) which extend from a tip of the first end and a second region between the first region and the head; and a plurality of flutes (13) in the first region extending from the tip of the first end. Each flute comprises a semi-circular cross section (Figs. 2 and 3) with first and second sides and an end between the sides; the flutes intersect at least two thread turns (Figs. 1 and 4); the flutes are equidistantly spaced around the shank (Fig. 3); and the flutes are orientated parallel to the shank axis.
Claims 9, 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wunderlich (US 2006/0024147). Wunderlich discloses a fastener comprising: a shaft (1) with a first end (4) and a second end with a head (3); a thread (2) provided on the shaft with a first region (4) which extend from a tip of the first end and a second region between the first region and the head; and at least a portion of the thread including a sawtooth structure (Fig. 3) comprising a plurality of shell shaped teeth (7) each with a leading edge (6) and a shell-shaped trailing edge (9) intersecting the leading edge of an adjacent tooth (p.[0028], lines 7-9). The leading edges are normal to the surface of the shank and sawtooth is over the entire length of the thread which would include at least three turns from the tip.
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wunderlich as applied to claim 9 above, and further in view of LeVey (US 7,101,134). Wunderlich does not disclose the sawtooth structure with the leading edge has a triangular shape. LeVey discloses a fastener (10) with a thread (18) having a sawtooth structure (Fig. 12) where each of the teeth has a triangular leading edge (Fig. 12B). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to make the teeth of Wunderlich with a triangular cross-section and triangular leading edge as disclosed in LeVey because both are from the same field of endeavor namely masonry screws where changing the shape the leading edge of Wunderlich to triangular would yield the same predictable results.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wunderlich as applied to claim 9 above, and further in view of Takahashi (US 7,140,825). Wunderlich does not disclose the sawtooth structure with the leading edge not normal to a shank surface. Takahashi discloses a fastener (10) with a leading edge (5a) which is not normal to a shank surface (column 2, lines 53-58). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have the leading edge of Wunderlich with an angle not normal to the shank surface as disclosed in Takahashi to form a sharper edge for improved cutting.
Claims 1-4, 6-7, 9, 11, 13-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wunderlich in view of Forsell (US 6,296,433). As described above, Wunderlich discloses a fastener comprising: a shaft (1) with a first end (4) and a second end with a head (3); a thread (2) provided on the shaft with a first region (4) which extend from a tip of the first end and a second region between the first region and the head; and at least a portion of the thread including a sawtooth structure (Fig. 3) comprising a plurality of shell shaped teeth (7) each with a leading edge (6) and a shell-shaped trailing edge (9) intersecting the leading edge of an adjacent tooth (p.[0028], lines 7-9). The leading edges are normal to the surface of the shank and sawtooth is over the entire length of the thread which would include at least three turns from the tip. Wunderlich does not disclose the fastener having plural flutes in the first region extending from the tip towards the head. Forsell discloses a fastener for masonry similar to Wunderlich but the fastener in Forsell includes plural equidistantly spaced flutes (column 9, paragraph beginning line 35). The flutes (380) include first and second sides with an end between the sides (Figs. 7 and 8); the flutes intersect at least two thread turns; and the flutes have a length parallel to the axis. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the fastener of Wunderlich with plural flutes as disclosed in Forsell because both are for masonry where the flutes would provide the improvement of facilitating debris collection for more efficient installation as discussed in Forsell.
Claims 8, 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wunderlich in view of Forsell as applied to claims 1, 9 and 15 above, and further in view of LeVey (US 7,101,134). Modified Wunderlich does not disclose the sawtooth structure with the leading edge has a triangular shape. LeVey discloses a fastener (10) with a thread (18) having a sawtooth structure (Fig. 12) where each of the teeth has a triangular leading edge (Fig. 12B). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to make the teeth of modified Wunderlich with a triangular cross-section and triangular leading edge as disclosed in LeVey because both are from the same field of endeavor namely concrete screws where the changing the shape the leading edge of Wunderlich to triangular would yield the same predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bianchi (US 2110/0247267) and Rosenberg (US 2,165,011) are cited to teach other example of plural flutes. Wu (US 9,695,859) is cited to teeth with a triangular leading edge. McManus (US 2,096,937) and Shih (US 2013/0302111) teach a fastener with both serrations and a flute. The other references cited are of general interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675