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 .
Election/Restrictions
Applicant’s election of Species G, Figs. 13A-13E in the reply filed on 5/4/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Applicant notes that claims 2, 5, 9, 14 and 16-17 are withdrawn. However, additionally claim 7-8, 10 and 18-20 are withdrawn. Each of claims 7 and 18 require the shutter to have two free sides which is not disclosed in the elected species. The elected species discloses the sides of the shutters have indentations instead of free sides (p.[00109]). Claims 8, 10 and 19-20 are withdrawn due to their dependency from a withdrawn claim.
Therefore, claims 2, 5, 7-10, 14 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b).
Drawings
Figures 1-2E should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
The drawings are objected to because in figures 13A-13E the elements 1315 and 1317 are described a “indentations” but, the drawings seem to shown them as protrusions (Figs. 13C and 13E).
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 § 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 12 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jakob (US 2007/0274802). Jakob discloses a modular adhesive screen (5) for an insert anchor assembly comprising: a body having opposite first (at 20) and second (at 9) ends, and a length therebetween having a tubular shape with an outer surface; the outer surface including a plurality of shutters (13-18) configured to vary an opening (19) associated with each shutter upon installation of the insert assembly (p.[0017]). The outer surface of the each of the shutters is a cam.
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.
Claims 1, 3, 6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Ginter (EP 1 367 267) in view of Ritter (US 6,688,822). Ginter discloses a modular adhesive insert for an anchor assembly comprising: a housing (1; 1.2) with a first and second ends; the first end including a first set of post (7.1, 7.2) forming a connection structure; the second end including notches (8.1, 8.2) forming a second connection structure; a first end cap (1; 1.1) with a connecting structure is connected to the first end of the housing; and a second end cap (11) with a second connecting structure is connected to the second end of the housing. Ginter does not disclose the housing including a plurality of shutters. Ritter discloses a modular adhesive insert including a body (1) having first and second ends (2 and 3) similar to Ginter but, Ritter further discloses the housing to include a plurality of shutters (4) between the ends adapted to vary the size of a opening associated with each shutter to control the flow of an adhesive. The exterior surface of each shutter is a cam. 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 housing of Ginter with shutters as discloses in Ritter for the same reason to control the flow of the adhesive.
Allowable Subject Matter
Claims 4 and 13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited are of general interest teaching other examples of adhesive inserts.
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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