This is a Non-Final office action for serial number 18/715,635.
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 projection at end of shank (claim 1 and 13) 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.
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 radial component with respect to the center longitudinal axis (show with reference number) 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.
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 a component which is oriented tangentially and counter to the screwing-in direction (show with a reference number) 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.
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 a cross-section of the projection increases in the direction of the screw tip (claim 8) 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.
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 cross section perpendicular to the center longitudinal axis (claim 10) 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 Objections
Claim 17 is objected to under 37 CFR 1.75(c) as being in improper form because it depends from claim 1 and from claim 13. A claim can not depend from two claims simultaneously. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
Claim 18 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim 17. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: means of the tool in claim 17.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-20 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 1 recites the limitation "a center longitudinal axis" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the direction" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the recess" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 1 and 13 each recite "drive formation (18;78) at one end of the shank" and "a drive formation (48;98)” of the tool. The claim 13 later refer to "the drive formation (48;98) " when describing the drive formation (48;98) has a depression. The claims could reasonably be construed as referring to the drive formation (48;98) or drive formation (18;78) when reciting "the drive formtion." Thus, multiple plausible claim constructions exist, making the claims indefinite. See Ex parte Miyazaki, 89 USPQ2d 1207, 1211 (BPAI 2008) (precedential) ("if a claim is amenable to two or more plausible claim constructions, the USPTO is justified in requiring the applicant to moreprecisely define the metes and bounds of the claimed invention by holdingthe claim… indefinite").
Claims 1 and 13 each recite "protuberances" of screw and "protuberances” of tool. The claim 13 later refer to "a number of protuberances" when describing a number of protuberances which extend away from the main body. The claims could reasonably be construed as referring to the protuberances of the screw or the protuberances of the tool when reciting "a number of protuberances ." Thus, multiple plausible claim constructions exist, making the claims indefinite. See Ex parte Miyazaki, 89 USPQ2d 1207, 1211 (BPAI 2008) (precedential) ("if a claim is amenable to two or more plausible claim constructions, the USPTO is justified in requiring the applicant to more precisely define the metes and bounds of the claimed invention by holding the claim… indefinite").
Claims 1 and 13 each recite "protuberances" of screw and "protuberances” of tool. The claims later refer to "the protuberances" when describing the protuberances (24) are of rounded configuration at their radially outer ends. The claims could reasonably be construed as referring to the protuberances of the screw or the protuberances of the tool when reciting "protuberances ." Thus, multiple plausible claim constructions exist, making the claims indefinite. See Ex parte Miyazaki, 89 USPQ2d 1207, 1211 (BPAI 2008) (precedential) ("if a claim is amenable to two or more plausible claim constructions, the USPTO is justified in requiring the applicant to more precisely define the metes and bounds of the claimed invention by holding the claim… indefinite").
Claim 17 recites the limitation "the tool" in line 5. There is insufficient antecedent basis for this limitation in the claim.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 5 recites the broad recitation angle of zero degrees to ten degrees, and the claim also recites in particular more than zero degrees and less than ten degrees, in particular six degrees which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation angle of between 25 degrees and 50 degrees , and the claim also recites in particular 35 degrees which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 12 recites the broad recitation maximum of 1:1.4, and the claim also recites in particular 1:1.38 which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 16 recites the broad recitation angle of zero degrees to ten degrees, and the claim also recites in particular more zero degrees and less than ten degrees, in particular six degreees which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The applicant is reminded to clearly point out whether “the protuberances”, “the depression”, “the projection” , “circular-cylindrical or frustoconical main body”, “center longitudinal axis”, “side surfaces” or “the center longitudinal axis” when recited within claims 1-20 are directed to elements “of the screw” or “ of the tool” to avoid instances of indefiniteness.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3, 5, 9, 10, and 12 is/are rejected, as best understood, under 35 U.S.C. 102(a) (1) as being anticipated by Fischer DE29903686.
Fischers discloses claims:
1. A screw with a shank, a thread on at least one portion of the shank (see page 5, lines 3-20; figures 1 and 2), wherein the thread defines a screwing-in direction about a center longitudinal axis of the shank, and with a drive formation at one end of the shank, wherein the drive formation has a depression in a screw head or a projection at the end of the shank, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis (see page 5, lines 30-20) of the shank , and a number of protuberances (figure 2-3) which extend away from the main body, wherein the protuberances are of rounded configuration at their radially outer ends, wherein the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction.
2. The screw as claimed in claim 1, wherein a leading side surface of the protuberances in the screwing-in direction has a larger surface area than a trailing side surface of the protuberances in the screwing-in direction (figures 2-3).
3. The screw as claimed in claim 1, wherein
5. The screw as claimed in claim 1 , wherein defining surfaces of the protuberances are arranged at an angle of zero degrees to ten degrees, in particular more than zero degrees and less than ten degrees, in particular six degrees, obliquely to the center longitudinal axis (figures 2-3).
9. The screw as claimed in claim 1,wherein , when viewed parallel to the center longitudinal axis, in all protuberances a tangent or parallel line to the leading side surface of the protuberance in the screwing-in direction encloses an angle of between 25 degrees and 50 degrees, in particular 35 degrees, with a radial direction which runs through the point of the protuberance located furthest from the outside in the radial direction (figure 3).
12. The screw as claimed in claim 1, wherein
PNG
media_image1.png
168
40
media_image1.png
Greyscale
PNG
media_image2.png
96
131
media_image2.png
Greyscale
PNG
media_image3.png
200
400
media_image3.png
Greyscale
PNG
media_image4.png
229
99
media_image4.png
Greyscale
PNG
media_image5.png
53
150
media_image5.png
Greyscale
PNG
media_image6.png
79
116
media_image6.png
Greyscale
PNG
media_image7.png
200
400
media_image7.png
Greyscale
PNG
media_image8.png
49
89
media_image8.png
Greyscale
PNG
media_image9.png
13
130
media_image9.png
Greyscale
PNG
media_image10.png
200
400
media_image10.png
Greyscale
PNG
media_image11.png
472
402
media_image11.png
Greyscale
PNG
media_image12.png
200
400
media_image12.png
Greyscale
Claim(s) 1, 2, 4, 12, 13, 17, 18, and 20 is/are rejected, as best understood, under 35 U.S.C. 102 (a) (1) as being anticipated by Wright 20070137441.
Wright discloses claims:
1. A screw (14) with a shank, a thread on at least one portion of the shank (figure 9), wherein the thread defines a screwing-in direction about a center longitudinal axis of the shank, and with a drive formation at one end of the shank, wherein the drive formation has a depression in a screw head or a projection at the end of the shank, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis of the shank , and a number of protuberances which extend away from the main body , wherein the protuberances (144) are of rounded configuration (paragraph 0083, outer circumferential joining surface 52 and respect to figure 4) at their radially outer ends, wherein the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction (see surfaces 148, also see paragraph 0109).
2. The screw as claimed in claim 1, wherein a leading side surface of the protuberances in the screwing-in direction has a larger surface area than a trailing side surface of the protuberances in the screwing-in direction (figures 6 and 9).
4. The screw as claimed in claim 1 , wherein defining surfaces of the protuberances are arranged parallel to the center longitudinal axis (see figures 5-6 and 8-9).
12. The screw as claimed in claim 1, wherein
13. A tool (figure 8, compatible with screw of figure 9) for screwing in and unscrewing a screw as claimed in claim 1 , with a drive formation which is configured to match the drive formation of the screw, wherein the drive formation has a depression or a projection, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis of the tool , and a number of protuberances which extend away from the main body, wherein the protuberances are of rounded configuration at their radially outer ends, wherein relative to the center longitudinal axis the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction.
17. An arrangement with a screw as claimed in claim 1, and a tool as claimed in claim 13 , wherein the leading side surfaces of the tool in the screwing-in direction bear flat against the leading side surfaces of the screw in the screwing-in direction when applying a torque in the screwing-in direction by means of the tool (figures 5-6; and Figures 8-9) .
18. The arrangement as claimed in claim 17,wherein screwing-in force (E) acts in the circumferential direction on the side surfaces and in that an angle (a) between the screwing-in force (E) and the side surfaces is between 25 degrees and 50 degrees (figures 5-6; and Figures 8-9).
20. The arrangement as claimed in claim 17, wherein, when viewed in the direction of the center longitudinal axis of the tool and screw, the leading side surfaces of the tool in the screwing-in direction bear flat over their entire length against the leading side surfaces of the screw in the screwing-in direction(figures 5-6; and Figures 8-9) .
.
PNG
media_image13.png
428
484
media_image13.png
Greyscale
PNG
media_image14.png
374
437
media_image14.png
Greyscale
PNG
media_image15.png
22
61
media_image15.png
Greyscale
PNG
media_image16.png
200
400
media_image16.png
Greyscale
PNG
media_image17.png
584
573
media_image17.png
Greyscale
PNG
media_image18.png
200
400
media_image18.png
Greyscale
PNG
media_image19.png
73
7
media_image19.png
Greyscale
PNG
media_image20.png
474
776
media_image20.png
Greyscale
PNG
media_image21.png
520
484
media_image21.png
Greyscale
Claim(s) 1-4, 12, 13, 17, and 20 is/are rejected, as best understood, under 35 U.S.C. 102 (a) (1) as being anticipated by Kingi EP3453899A1.
1. A screw (figure 1) with a shank (4), a thread (3) on at least one portion of the shank, wherein the thread defines a screwing-in direction about a center longitudinal axis of the shank, and with a drive formation (5) at one end of the shank, wherein the drive formation has a depression in a screw head or a projection at the end of the shank, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis of the shank, and a number of protuberances (7) which extend away from the main body , wherein the protuberances are of rounded configuration at their radially outer ends, wherein the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction.
2. The screw as claimed in claim 1, wherein a leading side surface of the protuberances in the screwing-in direction has a larger surface area than a trailing side surface of the protuberances in the screwing-in direction (figure 2).
3. The screw as claimed in claim 1, wherein
4. The screw as claimed in claim 1 , wherein defining surfaces of the protuberances are arranged parallel to the center longitudinal axis (figures 1-2).
12. The screw as claimed in claim 1, wherein
13. A tool (figure 3) for screwing in and unscrewing a screw as claimed in claim 1 , with a drive formation which is configured to match the drive formation () of the screw, wherein the drive formation has a depression or a projection, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis of the tool , and a number of protuberances which extend away from the main body, wherein the protuberances are of rounded configuration at their radially outer ends, wherein relative to the center longitudinal axis the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction (figure 3).
17. An arrangement with a screw (figure 1) as claimed in claim 1, and a tool (figure 3) as claimed in claim 13 , wherein the leading side surfaces of the tool in the screwing-in direction bear flat against the leading side surfaces of the screw in the screwing-in direction when applying a torque in the screwing-in direction by means of the tool.
20. The arrangement as claimed in claim 17, wherein, when viewed in the direction of the center longitudinal axis of the tool and screw, the leading side surfaces of the tool in the screwing-in direction bear flat over their entire length against the leading side surfaces of the screw in the screwing-in direction.
PNG
media_image22.png
326
428
media_image22.png
Greyscale
PNG
media_image23.png
416
188
media_image23.png
Greyscale
PNG
media_image24.png
338
332
media_image24.png
Greyscale
Claim(s) 1-4, 7, 9, and 10-20 is/are rejected, as best understood, under 35 U.S.C. 102(a) (1) as being anticipated by Greenberg 20180119720.
Greenberg discloses claims:
1. A screw with a shank, a thread on at least one portion of the shank, wherein the thread defines a screwing-in direction about a center longitudinal axis of the shank, and with a drive formation at one end of the shank, wherein the drive formation has a depression in a screw head or a projection at the end of the shank, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis () of the shank , and a number of protuberances which extend away from the main body (), wherein the protuberances are of rounded configuration at their radially outer ends, wherein the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction (paragraph 0024, figure 2B, a mirror-inverted screw head).
2. The screw as claimed in claim 1, wherein a leading side surface of the protuberances in the screwing-in direction has a larger surface area than a trailing side surface of the protuberances in the screwing-in direction (figure 3B).
3. The screw as claimed in claim 1, wherein
4. The screw as claimed in claim 1 , wherein defining surfaces of the protuberances (paragraph 0024) are arranged parallel to the center longitudinal axis.
7. The screw as claimed in claim 1, wherein the drive formation is configured as a depression and a closed end of the recess is of conical configuration (MORTORQ configuration screw heads).
9. The screw as claimed in claim 1,wherein , when viewed parallel to the center longitudinal axis, in all protuberances a tangent or parallel line to the leading side surface of the protuberance in the screwing-in direction encloses an angle of between 25 degrees and 50 degrees, in particular 35 degrees, with a radial direction which runs through the point of the protuberance located furthest from the outside in the radial direction (MORTORQ configuration is spiral).
10. The screw as claimed in claim 1,wherein , when viewed in a cross section perpendicular to the center longitudinal axis, the leading side surfaces of the protuberances in the screwing-in direction are curved outwardly.
11. The screw as claimed in claim 10, wherein a radius of curvature of the leading side surfaces in the screwing-in direction is between two times and three times a diameter of the main body (MORTORQ is spiral).
12. The screw as claimed in claim 1, wherein
13. A tool (paragraph 0029, figure 5) for screwing in and unscrewing a screw as claimed in claim 1 , with a drive formation which is configured to match the drive formation of the screw, wherein the drive formation has a depression or a projection, wherein the depression or the projection in each case has a circular-cylindrical or frustoconical main body arranged concentrically with respect to a center longitudinal axis of the tool, and a number of protuberances which extend away from the main body, wherein the protuberances are of rounded configuration at their radially outer ends, wherein relative to the center longitudinal axis the protuberances extend with a radial component with respect to the center longitudinal axis and with a component which is oriented tangentially and counter to the screwing-in direction (paragraph 0029, figure 5).
14. The tool as claimed in claim 13, wherein at least the leading side surfaces of the protuberances or the projection in the screwing-in direction have a mean roughness value Ra of a maximum of 0.4 pm (anti-slip coatings paragraph 0029).
15. The tool as claimed in claim 13, wherein the drive formation () is configured as a projection and a cross section of the projection reduces in the direction of its free end which is arranged in the depression of the screw (figure 5).
16. The tool as claimed in claim 15, wherein the defining surfaces of the protuberances are arranged at an angle (a) of zero degrees to ten degrees, in particular more than zero degrees and less than ten degrees, in particular six degrees, obliquely to the center longitudinal axis (Figure 5).
17. An arrangement with a screw as claimed in claim 1, and a tool as claimed in claim 13 , wherein the leading side surfaces of the tool in the screwing-in direction bear flat against the leading side surfaces of the screw in the screwing-in direction when applying a torque in the screwing-in direction by means of the tool.
18. The arrangement as claimed in claim 17,wherein screwing-in force (E) acts in the circumferential direction on the side surfaces and in that an angle (a) between the screwing-in force (E) and the side surfaces is between 25 degrees and 50 degrees (MORTORQ configuration is spiral).
19. The arrangement as claimed in claim 17 , wherein the side surfaces of the tool are curved outwardly and the side surfaces of the screw are curved inwardly (figure 3B).
20. The arrangement as claimed in claim 17, wherein, when viewed in the direction of the center longitudinal axis of the tool and screw, the leading side surfaces of the tool in the screwing-in direction bear flat over their entire length against the leading side surfaces of the screw in the screwing-in direction (see entire specification).
PNG
media_image25.png
354
394
media_image25.png
Greyscale
PNG
media_image26.png
352
686
media_image26.png
Greyscale
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer DE29903686 in view of JP3127483U (hereinafter JP312).
Fischer discloses all of the limitations of the claimed invention except for wherein the drive formation is configured as a depression and a closed end of the recess is of conical configuration.
JP312 teaches it is known to have (claim 6) a closed end of the recess is of conical configuration.
PNG
media_image27.png
200
400
media_image27.png
Greyscale
PNG
media_image28.png
29
99
media_image28.png
Greyscale
PNG
media_image29.png
318
592
media_image29.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Fischer to have a closed end of the recess is of conical configuration as taught by JP312 for the purpose of providing an effect engineering design choice without destroying the invention or producing any unexcepted results.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer DE29903686 in view Pai 20190072179.
Fischer discloses all of the limitations of the claimed invention except for
wherein the drive formation is configured as a projection and a cross section of the projection increases in the direction of the screw tip.
Pai teaches it is known to have (Claim 8) wherein the drive formation is configured as a projection and a cross section of the projection increases in the direction of the screw tip (Figure 3C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Fischer to have a wherein the drive formation is configured as a projection and a cross section of the projection increases in the direction of the screw tip as taught by Pai for the purpose of providing a mechanical equivalent design choice for driving a screw within a surface without destroying the invention or producing any unexcepted results.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright 2007137441 in view of JP3127483U (hereinafter JP312).
Wright discloses all of the limitations of the claimed invention except for wherein the drive formation is configured as a depression and a closed end of the recess is of conical configuration.
JP312 teaches it is known to have (claim 6) a closed end of the recess is of conical configuration.
PNG
media_image30.png
200
400
media_image30.png
Greyscale
PNG
media_image31.png
29
99
media_image31.png
Greyscale
PNG
media_image29.png
318
592
media_image29.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Wright to have a closed end of the recess is of conical configuration as taught by JP312 for the purpose of providing an effect engineering design choice without destroying the invention or producing any unexcepted results.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wright 2007137441 in view Pai 20190072179.
Wright discloses all of the limitations of the claimed invention except for
wherein the drive formation is configured as a projection and a cross section of the projection increases in the direction of the screw tip.
Pai teaches it is known to have (Claim 8) wherein the drive formation is configured as a projection and a cross section of the projection increases in the direction of the screw tip (Figure 3C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Wright to have a wherein the drive formation is configured as a projection and a cross section of the projection increases in the direction of the screw tip as taught by Pai for the purpose of providing a mechanical equivalent design choice for driving a screw within a surface without destroying the invention or producing any unexcepted results.
PNG
media_image32.png
200
400
media_image32.png
Greyscale
PNG
media_image33.png
362
316
media_image33.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional screws and tools.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIMBERLY T WOOD/Primary Examiner, Art Unit 3631
Prosecution Insights