DETAILED ACTION
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 3-5 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 3, “the third imaginary circumferential plane”, unclear how one has a third of something without stating first and second of something? This applies to also claims4-5.
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.
Claim(s) 1-7, 10-12, 15-17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujita et al (JP2011241905A).
Fujita discloses a self-clinching construction element (e.g. figure below) for attachment to a plastically deformable metal substrate, the self-clinching construction element comprising a body portion (e.g. body portion of 10) with a central axis (e.g. central axis of 10 extending vertically in figure 1d), the body portion including an outer peripheral surface (e.g. outer surface having es, is, ps and etc) extending in a direction of the central axis, and an annular-shaped surface (e.g. annular surface aligned with horizontal plan H1, figure below) extending in a direction perpendicular to the central axis, a punch portion (e.g. figures) being coaxial with the central axis and extending from the body portion, the punch portion including an outer peripheral surface extending in the direction of the central axis, the outer peripheral surface of the punch portion having a first perimeter surface (e.g. surface above intermediate surface is) and an intermediate surface (e.g. is, figure below) extending between a proximal end at the first perimeter surface and a distal end at an end of the punch portion, wherein the intermediate surface is angled (e.g. angle of is) with respect to the central axis, wherein the is distal end of the intermediate surface is radially offset from the proximal end of the intermediate surface, wherein the radial offset defines a recessed pocket (e.g. R, figure below and also see c1-c3) in the outer peripheral surface of the punch portion, a pilot embossment (e.g. embossment 16 between H1, H2 and c1, figure below) being coaxial with the central axis and extending from the body portion such that the pilot embossment is concentrically disposed between the annular-shaped surface (e.g. the annular shaped surface with horizontal plan H1) and the punch portion (e.g. see figure), wherein the pilot embossment is immediately adjacent to and continuously extends about the punch portion in an uninterrupted manner (e.g. see figure 1b), wherein the pilot embossment comprises a perimetric surface (e.g. ps, figure below) and an engagement surface (e.g. es, figure below), wherein the perimetric surface extends in the direction of the central axis (e.g. the perimetric surface aligned with c1, figure below), wherein the engagement surface is annular in shape (e.g. see figure below) and extends in the direction perpendicular to the central axis (e.g. es having horizontal plan H2), wherein the pilot embossment is configured to engage and plastically deform the metal substrate such that the metal substrate flows into the recessed pocket (e.g. intended use but the self-clinching construction element of Fujita is capable of this), wherein the first perimeter surface extends axially from the engagement surface of the pilot embossment to the intermediate surface, the radial distance between the central axis and the perimetric surface (e.g. surface aligned with c3) is less than a radial distance between the central axis and the outer peripheral surface of the body portion (e.g. see relationship with the outer peripheral surface and the first perimetric surface in figure below), at least one lug (e.g. L, figure below) axially projecting outwards from the annular-shaped surface (e.g. that is the case since 22 projects outwardly from H1) and extending radially outwards relative to the pilot embossment (e.g. see figure 1b), an uppermost surface (e.g. surface of 22) of the at least one lug comprising a contact face (e.g. cf, figure below), wherein the annular-shaped surface lies on an imaginary horizontal plane, wherein the pilot embossment projects axially from the imaginary horizontal plane by a first distance (e.g. 1st vertical distance between H1 and es) and the at least one lug projects axially from the imaginary horizontal plane such that the contact face (e.g. 2nd vertical distance between H1 and cf) is located a second distance (e.g. the 2nd vertical distance) from the imaginary horizontal plane, and wherein the first distance is greater than the second distance (e.g. the 1st vertical distance is greater than the 2nd vertical distance, see figure below). Regarding claim 2: Wherein the pilot embossment comprises a perimetric surface and an engagement surface (e.g. see ps and es in figure below), wherein the perimetric surface extends in the direction of the central axis, and wherein the engagement surface is annular in shape and extends in the direction perpendicular to the central axis (e.g. see figure below). Regarding claim 3: Wherein the perimetric surface lies on a third imaginary circumferential plane (e.g. surface that lies on c1 or c2 or c3) that is parallel to the central axis, and wherein the engagement surface is perpendicular to the perimetric surface (e.g. see figure below and compare c1, c2 and c3). Regarding claim 4: Wherein a radial distance between the central axis and the third imaginary circumferential plane is greater than a radial distance between the central axis and the second imaginary circumferential plane (see figure below and compare c1, c2 and c3). Regarding claim 5: Wherein a radial distance between the central axis and the outer peripheral surface of the body portion (e.g. radial distance between central axis and ops) is greater than a radial distance between the central axis and the third imaginary circumferential plane. Regarding claim 6: Wherein a radial distance between the central axis and the perimetric surface (e.g. radial distance between the central axis to c3) is greater than a radial distance between the central axis and the second imaginary circumferential plane (e.g. c2) the recessed pocket (e.g. compare c3 and c2, figure below). Regarding claim 7: Wherein a radial distance (e.g. radial distance between the central axis and the ops) between the central axis and the outer peripheral surface (e.g. figure below) of the body portion is greater than a radial distance between the central axis and the perimetric surface (e.g. radial distance between c1 and the central axis, see figure below). Regarding claim 10: The self-clinching construction element further comprising a shank (e.g. shank having 32) extending outwards from the first end surface of the self-clinching construction element, wherein the shank is coaxial with and is threaded along the central axis (see figure below). Regarding claim 11: Wherein the first and second-perimeter surfaces and the intermediate surface are all planar, in cross-section (e.g. see figure below). Regarding claim 12: Wherein the intermediate surface gradually and continuously inclines from the distal end to the proximal end first perimeter surface to the second perimeter surface in the direction perpendicular to the central axis (e.g. see figure below). Regarding claim 13: Wherein the recessed pocket extends continuously about the punch portion in an uninterrupted manner (e.g. see R in figure below). Regarding claim 15: Wherein the pilot embossment (e.g. 16) has a cylindrical shape (e.g. see figure below and figure 1b). Regarding claims 16 and 19: see rejection of claims above.
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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(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita in view of Donovan et al (US. 20200217350).
Fujita discloses the invention as claimed above but fails to disclose a bore extending through both the body portion and the punch portion in the direction of the central axis such that the bore extends from the first end surface of the self-clinching construction element to a second end surface of the self-clinching construction element and the bore is threaded along the central axis. Donovan discloses a self-clinching construction element that is a bolt as seen in figures 1-11 and a self-clinching construction element having a threaded bore extending along a central axis of the self-clinching construction element between first and second ends (see figures 12-13). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the self-clinching construction element of Fujita to a nut which would have a threaded bore between two ends as taught by Donovan with reasonable expectation of success so have a self-clinching construction element that is a nut capable of being placed on a bolt (e.g. see figure 13 in Donovan and also see description of figure 13 in Donovan).
Claim(s) 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Fujita in view of Burton (US. 20130302107).
Fujita discloses the invention as claimed above but fails to disclose the pilot embossment has a polygonal shape. Burton discloses a self-clinching construction element with a pilot embossment having a polygonal shape (e.g. see shape of 110). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the pilot embossment of Fujita to have a polygonal shape as taught by Burton with reasonable expectation of success to help clinch material in recess of the self-clinching construction element (e.g. see description of 10 in Burton and paragraph 0033).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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