DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
According to the Amendment filed on 4/21/26, Claims 1, 7-10, 17-18 are amended, the abstract and the tittle of the specification are amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new matter issue is the combination of the following limitations:
at least one non-resilient integrally formed internal interference abutment surface beneath the helically wound guide and advancement structure, the insert including top surfaces adjacent the second channel, side structures with interference surfaces spaced below the top surfaces……. rotate the inset into a first position configured to have the side structures with interference surfaces adjacent to and above the at least one internal interference abutment surface so as to restrain the insert against downward displacement without force, …… the side structures with interference surfaces are configured to engage the at least one internal interference abutment surface so as to thereafter be in a second position configured to inhibit the insert from moving back upward within the through-space of the receiver into the first position.”
Specification
The specification is objected because the amendments to the abstract and the tittle filed on 4/21/26 are not acknowledged nor entered by examiner due to the new matter issue discussed above.
Response to Amendment
The amendment filed 4/21/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: The new matter issue is the combination of the following limitations:
at least one non-resilient integrally formed internal interference abutment surface beneath the helically wound guide and advancement structure, the insert including top surfaces adjacent the second channel, side structures with interference surfaces spaced below the top surfaces……. rotate the inset into a first position configured to have the side structures with interference surfaces adjacent to and above the at least one internal interference abutment surface so as to restrain the insert against downward displacement without force, …… the side structures with interference surfaces are configured to engage the at least one internal interference abutment surface so as to thereafter be in a second position configured to inhibit the insert from moving back upward within the through-space of the receiver into the first position.”
Applicant is required to cancel the new matter in the reply to this Office Action.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 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.
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 SAMEH RAAFAT BOLES whose telephone number is (571)270-5537. The examiner can normally be reached 9-5 pm.
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/SAMEH R BOLES/Primary Examiner, Art Unit 3775
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