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 counterbore cavity internal diameter converging (claim 11 and 20) 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 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 1-30 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. In the preamble of claims 1 and 20, the “unclaimed rivet nut installation tool” and “unclaimed threaded fastener” is indefinite because anything unclaimed simply should not be included in the claims. But in this case even the “unclaimed” features are required in the claims in order to determine the inner diameter size of the sleeve required to guide the mating member (paragraph (b)) and installation tool (claims 17 and 29). Also, the limitation within the parentheses is indefinite because it us unclear the meets and bounds of the “mating member”. In claims 1 and 20 paragraph (a), “a rivet nut” is a double inclusion since the rivet nut was previously introduced in the preamble. In claims 1 and 20 paragraph (a), what is inclusive of “essentially cylindrical” and “essentially circular” is unclear particularly since what is introduced as “essentially cylindrical” is further limited to have a converging diameter which would contradict the cylindrical. The claims were examined a best understood.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-30 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-30 of prior U.S. Patent No. 11,885,365. This is a statutory double patenting rejection.
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 1-2, 4-5, 8-10 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mayr (US 5,664,901). Mayr discloses an apparatus (1) comprising: a rivet nut (2) with an external diameter for close insertion into a hole (8), a trailing portion (6) defining a counterbore (3) with an essentially cylindrical chamber and opening, a mating chamber (4) with a smaller diameter having an internal thread (5), and a ledge between the counterbore and mating chamber with a slope shown to be about 30 degrees; a bushing sleeve (8) with a maximum outer diameter (e) greater than an internal diameter of the counterbore (d) for a snug fit within the counterbore and a seating first end shown with a bevel leading to an annular band section which is adjacent the ledge in the installed position (Fig. 1); and a mating member to be threaded into the mating chamber and guided within the sleeve (column 3, paragraph beginning line 42). The sleeve is exposed at a trailing end to provide a visual indicator and the rivet is provided with an annular head flange (9).
Claims 1-2, 4, 8-12, 20, 22-23 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wieser (US 6,450,745). Wieser discloses an apparatus comprising: a rivet nut (7) with an external diameter for close insertion into a hole, a trailing portion (4) defining a counterbore (2) with an essentially cylindrical chamber and opening having an inner wall converging from the opening, a mating chamber (3) with a smaller diameter having an internal thread (8), and a ledge (at 11) between the counterbore and mating chamber; a bushing sleeve (7) with a maximum outer diameter greater than an internal diameter of the counterbore for a snug fit within the counterbore (column 3, paragraph beginning line 4) and a seating first end shown as a bevel (read as the sleeve’s taper) and a mating member (10) to be threaded into the mating chamber and guided within the sleeve. The sleeve is exposed at a trailing end to provide a visual indicator.
Claims 1, 8, 10, 13-15, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mortensen (US 3,942,407). In the first embodiment Mortensen discloses an apparatus (10) comprising: a rivet nut (13) with an external diameter capable of a close insertion into a hole, a trailing portion defining a counterbore (at 16) with an essentially cylindrical chamber and opening, a mating chamber with a smaller diameter having an internal thread (14), a ledge (29) between the counterbore and the mating chamber, and a trailing end with a annular head flange (17) and knurls/radiating serrations between the head and outer surface of the trailing portion; a bushing sleeve (21) sized for a snug fit within the counterbore and a seating first end adjacent the ledge in the installed position (see Fig. 14); and a installation tool (11) to be threaded into the mating chamber and guided within the sleeve to apply a reverse pull and collapsing the trailing portion resulting in the formation of an annular bulb (Fig. 2).
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 16 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Mayr, Wieser or Mortensen as applied to claims 1 of 20 above, and further in view of DeReamer (US 1,827,565). Neither Mayr, Wieser nor Mortensen disclose a terminal opening comprising a means of closing. Muller discloses and apparatus with an opening comprising a closing means (16) consisting of a substance durably blocking an insertion portion. 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 apparatus of Mayr, Wieser or Mortensen with a closing means as disclosed in DeReamer for sealing the opening and protecting the interior cavity and threads from contamination.
Claims 19 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Mayr or Wieser as applied to claims 1 of 20 above, and further in view of Makino (US 2005/0095078). Neither Mayr nor Wieser disclose the rivet nut trailing end provided with a knurling parallel to the axis nor serrations under the head. Makino discloses to provide a rivet nut trailing end with a knurling (19) parallel to the axis and serrations (22) under a head. 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 rivet nut of Mayr or Wieser with knurls and serrations as disclosed in Makino because Makino teaches the knurls and serrations as improvement for preventing the rivet from slipping relative to the substrate (p.[0025],[0027]).
Allowable Subject Matter
Claims 3, 6-7, 21, 24-25 and 28-29 appear would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. Gaertner (US 10,648,500) is cited to teach a rivet with a converging diameter. Grojean (US 9,051,958), Richter (US 4,752,168), Hathorn (US 2,195,029) and Takeda (US 10,495,131) are cited to teach other examples of bushing sleeves in combination with rivet nuts. The other references cited are of general interest.
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 571-272-832. 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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