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
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 1-3, 5-6, 8-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Braendel (US 2,278,411). In considering the embodiment shown in Figs. 1-2, Braendel discloses a fastener comprising a shank with a first end at a tip and a second end at a head; the shank includes a thread (16) from the tip towards the head; the tip includes a pilot portion with a plurality of a flutes (17); the pilot thread includes a first thread portion (14) with a first revolution, a second thread portion with a second revolution (the last revolution of 14) which follows the first thread revolution, and a third portion with a third revolution which follows the second revolution. The pilot portion has the first thread (14) with a gradually reducing outer diameter and a constant root diameter (first column, paragraph beginning line 38) therefore the thread height of the second portion would have a revolution with a different height and width than the height and width of the first revolution; a first revolution width being less than a second revolution width; and since the second thread portion continues to the third thread portion, the second and third revolutions would have the same height and width.
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Claims 1, 4, 6-9, 11, 13 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rausch (US 5,562,379). Rausch discloses a fastener (21) comprising a shank (26) with a first end at a tip (27) and a second end at a head (24); the shank includes a thread (30) from the tip towards the head; the tip includes a pilot portion; the pilot thread includes a first thread portion with a first revolution (34), a second thread portion with a revolution (33) which follow the first thread revolution, and a third portion with a revolution (35) which follows the second revolution . The pilot portion has the second thread revolution with a height less than the first and third thread revolutions (column 2, paragraph beginning line 63) and a width different from the first thread revolution height and greater than a width of the first thread revolution; the first thread revolution height being the same as the third revolution height and the third revolution is followed by a revolutions equal to the third revolution.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tsau (US 2007/0172333) is cited to teach a thin first thread. Giannuzzi (US 5,188,496), Stanwick (US 3,381,733) and Ling (US 8,608,252) are cited to teach a smaller second thread. Torii (US 9,790,979), Lathom (US 3,935,785), Boehlow (US 3,351,115) and Hurdle (US 5,795,120) are cited to teach a second thread different from a first. Meersteiner (US 2,232,337) and Thurston (US 3,492,908) are cited to teach flutes.
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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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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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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