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, a flange 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 2 is objected to because of the following informalities: there is an open parenthesis with no close parenthesis in the claim. 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 2 and 4 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 pre-AIA the applicant regards as the invention.
Claim 2 is rejected as it is unclear if the text in the open parenthesis is meant to be part of the claim limitation or an example of meeting the claim limitation, rendering the claims vague and indefinite.
Claim 4 is rejected because the claim unclearly recites “between screws of a flange.” It is unclear if Applicant is intending screws to be screw threads or how the screws are structurally related to a flange rendering the claim vague and indefinite.
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 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Karlan et al. (U.S. 2,786,359) [359].
Regarding Claim 1, Reference [359] discloses a nut guide (10) comprising a geometry that transitions from a conical shape (26) at a first end to a hexagonal shape (shape of 10, shown on Fig. 1) at a second end.
Regarding Claim 2, as best understood, Reference [359] discloses wherein the nut guide is configured to couple to a nut (using an adhesive material (adherent).
Regarding Claim 3, Reference [359] discloses wherein the nut guide comprises a polymeric material (silicone rubber).
Regarding Claim 4, as best understood, Reference [359] discloses wherein the nut guide, coupled to the nut, is configured to move as a single element between screws of a flange (integral).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Clements (U.S. 6,238,158) [158].
Regarding Claim 1, Reference [158] discloses a nut guide (10) comprising a geometry that transitions from a conical shape (shape of 20,21) at a first end to a hexagonal shape (shape of projections 32) at a second end.
Regarding Claim 2, as best understood, Reference [158] discloses wherein the nut guide is configured to couple to a nut (using an adhesive material (tightened over nut).
Regarding Claim 3, Reference [158] discloses wherein the nut guide comprises a polymeric material (polymeric).
Regarding Claim 4, as best understood, Reference [158] discloses wherein the nut guide, coupled to the nut, is configured to move as a single element between screws of a flange (tightened over nut).
Claims 1, 2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated over Morse (U.S. 2,795,144) [144].
Regarding Claim 1, Reference [144] discloses a nut guide (510) comprising a geometry that transitions from a conical shape (upper of 514) at a first end to a hexagonal shape (outside shape of 513) at a second end.
Regarding Claim 2, as best understood, Reference [144] discloses wherein the nut guide is configured to couple to a nut (using an adhesive material (connected on 512).
Regarding Claim 4, as best understood, Reference [144] discloses wherein the nut guide, coupled to the nut, is configured to move as a single element between screws of a flange (connected as a crank).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON W SAN whose telephone number is (571)272-6531. The examiner can normally be reached on M-F 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe Thomas can be reached on 571-272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON W SAN/SPE, Art Unit 3677