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 .
Claim Rejections - 35 USC § 112
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 1-20 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 claim 1, the meets and bounds of the “abutment portion” is unclear because it is unclear how the abutment portion would be on one side of the first component (lines 12-14) but also include a recess for the first component (lines 16-17) and similarly the supporting element (claim 8-9). In claim 2-4, there is no antecedent basis for the hole into said first component. In claim 6-7, it is unclear what differentiates “said edge”, “a face” and “an end face”. In claims 19-20, “rib-like” is indefinite because it is unclear what would be inclusive of being like a rib. And, since the claims are a translation from a foreign language they should be further reviewed to ensure complete compliance with section 112. The claims were examined as best understood.
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 1-5, 8-15, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson (US 4,780,019). Johnson discloses a screw fastening comprising: a plate-shaped first component (32); a joining member (52) fixed on a rib-shaped portion joining region of said first member; a self-tapping screw (38); a plate-shaped second component (34) joined firmly to the joining member and said first component by said self-tapping screw; the joining member has a hole (40) parallel to a side of the first component; the joining member includes a recess (30) in an abutment portion (54 or 56) and the first component extends through said recess (Fig. 6); said hole in the joining member protrudes over between 5% and 35% of said first component such that the screw engages the entire hole along the length of the first component to form thread in the first component (Fig. 4). The joining member includes a supporting element (the other of 54 and 56 as best understood); the recess overlaps the hole (Fig. 4); the recess corresponds to the thickness of the first component (Fig. 5); the hole is open at both ends (Fig. 6); the joining member is made of plastic where the injection molding is a product-by-process limitation where only the final product is considered; and the joining member is generally U-shaped (Fig. 5).
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 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson as applied to claim 1 above, and further in view of Permoda (US 4,601,621). Johnson does not disclose the first component with a recess for the joining member. Permoda disclose a screw fastening comprising a first component (18) with a recess (38) at an edge forming an end face (40) for a joining member (12) to be flush with the edge (at 30). 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 first component of Johnson with a recess as disclosed in Permoda for the same reason of providing a more flush connection with improved stability.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson as applied to claim 1 above, and further in view of Judd (US 34,837). Johnson does not disclose the second component with a with a bell-shaped attachment. Judd disclose a screw fastening comprising a second component with a bell-shaped attachment (d). 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 second component of Johnson with a bell-shaped attachment as disclosed in Judd for providing a means for hanging something as discussed in Judd.
Allowable Subject Matter
Claims 19-20 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. Brochard (US 4,916,88) is cited to teach a plate edge with a recess. DiMarco (US 4,927,308) teaches a screw self-tapping into a plate. Durham (US 3,880,535) and Meehan (US 3,342,237) teach rib components. The other references cited are of general interest.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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