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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/21/2026 has been entered.
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 and 9 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.
Claim 1 recited the following limitation:
“simultaneously performing shearing and the extending of a lengthwise direction end of the caulking portions”
“disposing a lowermost surface of the caulking portion closer to the caulking punch than an upper surface of a push-up mechanism”
Such limitations are new matter which were not disclosed in the original disclosure as filed.
Claim 9 is rejected for its dependency on claim 1.
Allowable Subject Matter
Claims 8 and 10 are allowed.
Claims 8 and 10 are allowable because the claims have been written in independent form and included the previous indicated allowable subject matter as noted previously.
Response to Arguments
Applicant's arguments filed 04/21/2026 have been fully considered but they are not persuasive.
With regard to 35 USC 112(a), Applicant argued that support for simultaneously performing shearing and the extending of a lengthwise direction end of the caulking portions is shown in Figures 11A and 11B as filed. Applicant further argued that disposing a lowest surface of the caulking portion closer to the caulking punch than an upper surface of the push-up mechanism is also shown in Figures 11A, 11B.
In response: Applicant's argument was not found persuasive because (i) while Figure 11A, 11B appeared to show shearing and extending of a lengthwise direction, the original disclosure does not expressively disclose that such shearing is performed simultaneously; (i) Figures 11A and 11B and the original disclosure does not show which surface is a lowest surface of the caulking portion. As shown in Figure 11A, 11B, the "lowest most surface of the caulking portion 18 appeared to be in contact with an upper surface of the push-up mechanism. Therefore, such surface cannot be closer to the caulking punch 38 than an upper surface of the push-up mechanism 36.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS TRUONG whose telephone number is (571)270-5532. The examiner can normally be reached Monday-Friday 9AM-6PM EST.
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/THOMAS TRUONG/Primary Examiner, Art Unit 2834
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