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 .
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 nut having an internal surface having at least one cutting edge and at least one compression surface of claim 6, and wherein the internal surfaces includes a threaded surface that is located opposite to said cutting edge and said compression surface of claim 7 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 Objections
Claim 1 is objected to because of the following informalities: Claim 1 introduces “at least one washer”, “at least one cutting edge” and “at least one compression surface”. However, the claim includes further recitations to “said washer”, “said cutting edge” and “said compression surface”, which all lack antecedent basis. The further recitations should all be amended to refer to “the at least one” of the elements. Claims 2, 7, 8 and 9 have similar issues. Appropriate correction is required.
Claims 3 and 10 are objected to because of the following informalities: The claims end with a comma rather than a period. Appropriate correction is required.
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 6 and 7 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.
Claim 6 recites in part “a nut having an internal surface having at least one cutting edge and at least one compression surface”. The stated purpose of the subject invention is to cut the surface of the material cleanly and prevent shredding of the material surface in the process of securing materials together (page 14, first paragraph, of the subject application). It is not clear how an internal surface of a nut that has at least one cutting edge and at least one compression surface would be able to cut the surface of the material in the process of securing materials, because the internal surfaces of the nut would not be interacting with the materials to be secured, but would instead be interacting with the fastening mechanism that passes through the nut. The only nut shown in the subject specification is threaded nut 36 (See Figure 11 of the subject specification) which is threaded onto the second end of hardware element 20, and which is tightened against common lock washer 34 (See the paragraph spanning pages 21 and 22 of the subject specification). The threaded nut 36 is not shown to include an internal surface having at least one cutting edge and at least one compression surface, nor would there be any reason for threaded nut 36 to include an internal surface having at least one cutting edge and at least one compression surface. Accordingly, for examination purposes, and in accordance with Figure 11 of the subject specification, this limitation will be interpreted as a nut having an internal surface and a washer having at least one cutting edge and at least one compression surface.
Claim 7 is rejected by virtue of depending from rejected claim 6.
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 – 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clifton Butzer et al. (U.S. Patent Application Publication No. US 2007/0036630 A1).
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Regarding claim 1, Clifton Butzer discloses a cut and compression device comprising at least one washer (1) (Figs 1 – 2; paragraphs [0018] and [0019]) having at least one cutting edge (4) (Fig 2; paragraph [0024]) and at least one compression surface (8) (Fig 2; paragraph [0024]) wherein said washer (1) has (a) a circular profile having a perimeter (Figs 1, 2 and 4) and wherein said washer (1) has a center opening (3) that is a void or a hole (Figs 1, 2 and 4; paragraph [0019]), and (b) wherein said cutting edge (4) of said washer (1) is located around or in juxtaposition to said perimeter of said washer (1) (Figs 1, 2 and 4), and wherein said compression surface (8) is located downstream of said cutting edge (4) (Fig 2).
Regarding claim 2, Clifton Butzer further discloses wherein said washer (1) has a receiving profile surface (the outer perimeter of hole 8) which is formed to match a hardware element (15) (Fig 4; paragraphs [0019] – [0023]).
Regarding claim 3, Clifton Butzer further discloses wherein said hardware element (15) is a fastening element (Fig 4; paragraphs [0019] – [0021], [0035] and [0036]).
Regarding claim 4, Clifton Butzer further discloses wherein said at least one cutting edge (4) and at least one compression surface (8) are placed in juxtaposition to a first end of said fastening element (15) (Fig 4; paragraphs [0019] – [0023].
Regarding claim 5, Clifton Butzer further discloses wherein said fastening element (15) has a head (20) attached to said first end of said fastening element (15) (Fig 4; paragraph [0036]).
Regarding claim 6, Clifton Butzer discloses a cut and compression device comprising a nut (24) having an internal surface (Fig 4; paragraph [0036] – the internal surface of the nut is where the threads are) and a washer (1) (Figs 1 – 2; paragraphs [0018] and [0019]) having at least one cutting edge (4) (Fig 2; paragraph [0024]) and at least one compression surface (8) (Fig 2; paragraph [0024]).
Regarding claim 7, Clifton Butzer further discloses wherein said internal surface includes a threaded surface that is located opposite to said cutting edge (4) and said compression surface (8) (Fig ; paragraph [0036]).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8 - 12 are rejected under 35 U.S.C. 103 as being unpatentable over Clifton Butzer in view of Loi et al. (U.S. Patent Application Publication No. US 2004/0170488 A1).
Regarding claim 8, Clifton Butzer discloses a cut and compression device comprising at least one washer (1) (Figs 1 – 2; paragraphs [0018] and [0019]) having at least one cutting edge (4) (Fig 2; paragraph [0024]) and at least one compression surface (8) (Fig 2; paragraph [0024]) wherein said washer (1) has (a) a circular profile having a perimeter (Figs 1, 2 and 4) and wherein said washer (1) has a center opening (3) that is a void or a hole (Figs 1, 2 and 4; paragraph [0019]), and (b) wherein said cutting edge (4) of said washer (1) is located around or in juxtaposition to said perimeter of said washer (1) (Figs 1, 2 and 4), and wherein said compression surface (8) is located downstream of said cutting edge (4) (Fig 2).
Clifton Butzer discloses the limitations of the claimed invention except for wherein said cutting edge of said washer has an external bevel which offsets said cutting edge of said washer to have a diameter that is less than the outermost edge of said washer.
Loi is directed to a cutting screw. Loi specifically discloses wherein said cutting edge (22) of said cutting member (20) has an external bevel (at 21) which offsets said cutting edge (22) of said cutting member (20) to have a diameter that is less than the outermost edge (21) of said cutting member (20) (See Fig 1 below, See also Figs 2 – 4; paragraph [0023]).
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A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Clifton Butzer to such that said cutting edge of said washer has an external bevel which offsets said cutting edge of said washer to have a diameter that is less than the outermost edge of said washer as taught by Loi, as both references and the claimed invention are directed to fastening mechanism with cutting edges. As disclosed by Loi, it is well known for the cutting edge of a fastener to have an external bevel which offsets said cutting edge of the fastener to have a diameter that is less than the outermost edge of the fastener. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Clifton Butzer such that said cutting edge of said washer has an external bevel which offsets said cutting edge of said washer to have a diameter that is less than the outermost edge of said washer as taught by Loi, as such a modification would allow the cutting edge of the washer to more efficiently cut through the surface of a material to be secured.
Regarding claim 9, Clifton Butzer further discloses wherein said washer (1) has a receiving profile surface (the outer perimeter of hole 8) which is formed to match a hardware element (15) (Fig 4; paragraphs [0019] – [0023]).
Regarding claim 10, Clifton Butzer further discloses wherein said hardware element (15) is a fastening element (Fig 4; paragraphs [0019] – [0021], [0035] and [0036]).
Regarding claim 11, Clifton Butzer further discloses wherein said at least one cutting edge (4) and at least one compression surface (8) are placed in juxtaposition to a first end of said fastening element (15) (Fig 4; paragraphs [0019] – [0023].
Regarding claim 12, Clifton Butzer further discloses wherein said fastening element (15) has a head (20) attached to said first end of said fastening element (15) (Fig 4; paragraph [0036]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON D SHANSKE whose telephone number is (571)270-5985. The examiner can normally be reached Mon - Fri 9:30 - 5:30.
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/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614