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 .
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.
Claim(s) 1-4 and 6-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180080493, Arduini.
In regards to claim 1, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses a self-fastening threaded insert (1) with respect to a slab (sf) of building material, comprising a bearing element (10) with respect to the slab, at least one deformation element (20) adapted to interact with the slab, a supporting element (30) cooperating with the bearing element, wherein the deformation element is deformed due to the effect of an external load transmitted by the supporting element, the deformation element being adapted to transmit to the slab forces which are perpendicular to an application force of the external load to be able to fasten the threaded insert to the slab, the supporting element being designed to support a battery of deformation elements.
In regards to claim 2, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the deformation elements are two.
In regards to claim 3, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the deformation elements are three.
In regards to claim 4, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the deformation elements are four.
In regards to claim 6, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the bearing element adapted to contain the supporting element is housed in a recess (rf) of the slab to allow the threaded insert to abut onto an internal surface of the recess without projecting from an external face of the slab.
In regards to claim 7, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the bearing element adapted to contain the supporting element comprises an abutment flange (11) with respect to an external face of the slab to allow the threaded insert to abut against at least the external face of the slab.
In regards to claim 8, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the deformation element comprises an elastic crown ([0023]) which is smooth or toothed and is adapted to be housed with interference in a cylindrical recess of the slab.
In regards to claim 9, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the deformation element comprises a cup spring ([0024]) adapted to be housed with interference in a cylindrical recess of the slab.
In regards to claim 10, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the deformation element is connected to at least one spacer ring (21).
In regards to claim 11, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the supporting element comprises abutting means adapted to block a connection element screwed onto the threaded insert to prevent the threaded insert from being extracted from the recess of the slab and to prevent the slab from breaking.
In regards to claim 12, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses operating alternatively as connection element through an internal threading (31) and an external threading (32).
In regards to claim 13, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses the bearing element made of plastic or metallic material and the supporting element made of metal allow supporting loads with a high force ([0029]).
In regards to claim 14, in Figures 1-7 and paragraphs detailing said figures, Arduini discloses a process for assembling the self-fastening threaded insert of claim 1 with respect to a slab of building material, the process ([0030], ‘493-claim 10) comprising the steps of: performing an excavation of the slab to obtain a receiving recess; inserting said threaded insert into the receiving recess to allow fastening said bearing element onto the slab and housing with interference said at least one deformation element with respect to an internal wall of the recess of the slab, and connecting an external element through a connection element screwed onto said threaded insert.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arduini.
In regards to claim 5, Arduini discloses the claimed invention except for the deformation elements being more than four. Applicant has failed to show criticality for more than four deformation elements, and the Arduiin invention is fully capable of being modified with more than four deformation elements. It 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 to provide more than four deformation elements, since duplicating the components of a prior art device is a design consideration within the skill of the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679
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