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 .
Response to Amendment
The amendment filed on 07/18/2026 has been entered. As directed by the amendment: claims 1, 3 and 17 – 18 are amended. No claim cancelled and no new claims added. Thus, claims 1 – 20 are currently pending. The amendments to the claims are sufficient to overcome the claim objections and the indefinite rejection made in the Non-Final rejection. As such, those objections and rejections are withdrawn. Applicant’s arguments regarding the obviousness rejection of the claims under 35 U.S.C. 103 are fully considered and are not persuasive (see “Response to arguments” section). Thus, the obviousness rejection of the claims under 35 U.S.C. 103 are maintained herein.
Response to Arguments
Applicant's arguments filed on 07/18/2026, see Remarks, page 6 – 8, regarding the obviousness rejection of the claims under 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant argues “Soshi only teaches filling a pre-existing machined groove with deposited material, not using metal deposition to create a second male screw thread section on a metallic body. Accordingly, Applicant respectfully submits that even if Hagel was modified to incorporate Soshi, the resulting combination would still fall short of disclosing each and every feature of independent Claims 1, 9 and 18, namely using a metal deposition technique to deposit a second male screw thread section on the metallic body”, Remarks, page 7, lines 15 – 22.
The examiner respectfully disagrees because:
The teaching reference Soshi is not relied upon to teach the formation of the second male screw thread section on the metallic body. As indicated in the Non-Final Rejection of the independent claims 1, 9 and 18, the primary reference Hagel already teaches “depositing a second male screw thread section by inserting a coil 200 of plurality of turns on a second portion 106 of the shank by inserting the coil on the receiving channel 110 of the second portion 106 of the shank”, rejection of claim 1 on page 4, lines 6 – 8. Thus, Hagle already teaches the formation of the second male screw thread section by insertion of the threads to the corresponding grooves, please see FIGS. 1a and 1b of Hagel annotated herein.
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Rather, Soshi is relied upon to teach the claimed “metal deposition technique”. In other words, instead of inserting the male screw threads on the shank, a metal deposition technique of forming a plurality of turns by additive manufacturing of Soshi is employed to realize a stronger connection/attachment of the threads on to the metal shaft. One of ordinary skill in the art apprised of Soshi’s metal deposition technique of depositing turns on a shaft that achieves stronger connection between the turns and the shaft, would be motivated to employe such metal deposition technique to deposit the second male screw threads 200 of Hagel to realize the same. The examiner submits that one cannot show nonobviousness by attacking references (Hagel, Soshi) individually where the rejections are based on combinations of references and what the combination reasonably suggests to one of ordinary skill in the art.
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 should not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hagel et al. (US 2014/0357385 A1), hereinafter "Hagel", in view of Soshi (US 2017/0209958 A1) and hereinafter "Soshi".
Regarding claim 1, Hagel discloses a method of forming a screw anchor (a method of manufacturing self-drilling screw, (0023, see claim1)) comprising: forming a first male screw thread section integrally on a metallic body (forming on a first portion 102 of a shank 104, continuous male threads 112 with a plurality of turns extending from the body of the shank 104, (0026 and see FIGS. 1A, 1b)); and to deposit a second male screw thread section on the metallic body (depositing a second male screw thread section by inserting a coil 200 of plurality of turns on a second portion 106 of the shank by inserting the coil on receiving channel 110 of the second portion 106 of the shank, (0028 and FIG. 1a, 1b)); wherein the second male screw thread section is formed of metallic material having a greater hardness than the metallic body (wherein the coil 200 is formed of other materials having a hardness superior to the stainless steel shank, (0025)) and is able to tap out a female thread in a hole in a support for receiving the first male screw thread section when the screw anchor is twisted into the hole (the coil 200 is able to tap out the threads into a concrete, leading the first male screw thread 112 attached to the body of the shank into the concrete, (0036)).
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Hagel does not explicitly teach using a metal deposition technique to deposit the second male screw thread section.
However, Soshi that teaches a method of manufacturing a composite member, like a screw (0001, 0004), also teaches using a metal deposition technique to form by deposition a plurality of turns on a metal body. Soshi teaches using additive manufacturing apparatus 30, metal layer 120 of plurality of turns is deposited by applying metal powder to the grooves 111 of base member 110, (0066, 0067, 0104 and enclosed FIG. 7)).
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The metal deposition technique to form by deposition a plurality of turns by applying metal powder on the metal body has the advantage over other methods (e.g. sintering) because it enables to sufficiently fill the powder material that leads to an increased connection strength (0011), which is needed for taping out holes in strong concrete surfaces.
Therefore it would have been obvious for someone with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of forming the plurality of turns of the second male screw threads by inserting the turns on the receiving channels of the metal shank taught by Hagel, with the use a metal deposition technique that forms the plurality of turns by additive manufacturing apparatus (30) that applies metal powder to the grooves of the metal body (base member 110) in order to achieve stronger connection of the threads to the metal shaft that is needed in taping out holes in concrete surfaces as taught in Soshi.
Regarding claim 2, Hagel in view of Soshi teaches the method of claim 1, wherein the second male screw thread section is deposited on the metallic body using a laser metal deposition technique, a plasma transferred arc welding technique, a metal inert gas welding technique or a metal active gas welding technique (the metal deposition technique of metal layer 120 of plurality of turns onto the base metal body is a laser deposition technique by supplying metal powder, Soshi (0057 - 0058)).
Regarding claim 3, Hagel in view of Soshi teaches the method of claim 1, wherein area sections of the metallic body where the second male screw thread section is to be deposited is moved past a welding point for depositing the second male screw thread section thereon (metal layer 120 is formed into a plurality of turns on the surface of 110 by applying metal powder and laser from tip 331 (welding point) of apparatus 30, Soshi (0057, 0067, enclosed FIG. 7) Note here- "a welding point" is interpreted to mean a point where the metal powder is attached to the base shaft by the laser).
Regarding claim 4, Hagel in view of Soshi teaches the method of claim 1, wherein the second male screw thread section is formed of carbon steel (the coil 200 of the second tread section is made from hardened, heat-treated carbon steel, Hagel (0036)).
Regarding claim 5, Hagel in view of Soshi teaches the method of claim 1, wherein the second male screw thread section is formed of a metal alloy (carbon steel of the second male screw thread section of Hagel is a metal alloy formed from iron and carbon, Hagel (0036)).
Regarding claim 6, Hagel in view of Soshi teaches the method of claim 5, wherein the metal alloy is based on iron, chrome and/or cobalt (the carbon steel of the second male Screw is a metal alloy that includes Iron, Hagel (0036)).
Regarding claim 7, Hagel in view of Soshi teaches the method of claim 1, wherein the metallic body and thus the first male screw thread section that is integral thereto are formed of stainless steel (the shank 104 is formed to include a first portion 102 illustrated in FIGS. 1A, 1B and 2 having a coiled, continuous thread 112 with a plurality of turns about and extending from the body 104 of the shank and the shank 104 is made of stainless steel, Hagel (0026, 0027)). Regarding claim 8, Hagel in view of Soshi teaches the method of claim 1, wherein the second male screw thread section comprises at least part of a screw thread turn, (the coil 200 with a plurality of turns is part of the screw thread turn, see Hagel's FIG.1B).
Regarding claim 9, Hagel discloses a screw anchor (a screw with hardened threads, (0023 and see FIG. 1b)) comprising a metallic body portion with a first male screw thread section integral to the body portion and a second male screw thread section that has been deposited on the body portion (a first portion 102 of a shank 104 with continuous male threads 112 of a plurality of turns extending from the body of the shank 104 and a second male screw thread section of a coil 200 of plurality of turns inserted into receiving channel 110 of the second portion 106 of the shank, (0026 - 0028 and see FIGS. 1A, 1b)), wherein the second male screw thread section is formed of metallic material having a greater hardness than the metallic body portion (wherein the coil 200 is formed of other materials having a hardness superior to the stainless steel shank, (0025)) and is able to tap out a female thread in a hole in a support for receiving the first male screw thread section when the screw anchor is twisted into the hole (the coil 200 is able to tap out the threads into the concrete, leading the first male screw thread 112 attached to the body of the shank into the concrete, (0036)).
Hagel does not explicitly teach the second male screw thread section is deposited by a metal deposition technique.
However, Soshi that teaches a method of manufacturing a composite member, like a screw (0001, 0004), also teaches using a metal deposition technique to form by deposition a plurality of turns on a metal body. Soshi teaches using additive manufacturing apparatus 30, metal layer 120 of plurality of turns is deposited by applying metal powder to the grooves 111 of base member 110, (0066, 0067, 0104 and enclosed FIG. 7)).
The metal deposition technique to form by deposition a plurality of turns by applying metal powder on the metal body has the advantage over other methods (e.g. sintering) because it enables to sufficiently fill the powder material that leads to an increased connection strength (0011), which is needed for tapping out holes in strong concrete surfaces
Therefore, it would have been obvious for someone with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the plurality of turns (coils 200) of the second male screw threads inserted into the receiving channels of the metal shank taught by Hagel, to be deposited by a metal deposition technique that forms the plurality of turns by additive manufacturing apparatus (30) that applies metal powder to the grooves of the metal body (base member 110) in order to achieve stronger connection of the threads to the metal shaft that is needed in taping out holes in concrete surfaces as taught in Soshi.
Regarding claim 10, Hagel in view of Soshi teaches the screw anchor of claim 9, wherein the second male screw thread section is formed of carbon steel (the coil 200 of the second tread section is made from hardened, heat-treated carbon steel, Hagel (0036)).
Regarding claim 11, Hagel in view of Soshi teaches the screw anchor of claim 9, wherein the second male screw thread section is formed of a metal alloy (carbon steel of the second male screw thread section of Hagel is a metal alloy formed from iron and carbon, Hagel (0036)).
Regarding claim 12, Hagel in view of Soshi teaches the screw anchor of claim 11, wherein the metal alloy is based on iron, chrome and/or cobalt (the carbon steel of the second male Screw is a metal alloy that includes Iron, Hagel (0036)).
Regarding claim 13, Hagel in view of Soshi teaches the screw anchor of claim 9, wherein the metallic body portion and thus the first male screw thread section integral thereto are formed of stainless steel (the shank 104 is formed to include a first portion 102 illustrated in FIGS. 1A, 1B and 2 having a coiled, continuous thread 112 with a plurality of turns about and extending from the body 104 of the shank and the shank 104 is made of stainless steel, Hagel (0026, 0027)).
Regarding claim 14, Hagel in view of Soshi teaches the screw anchor of claim 9, wherein the second male screw thread section comprises at least part of a screw thread turn (the coil 200 with a plurality of turns is part of the screw thread turn, see Hagel's FIG. 1B).
Regarding claim 15, Hagel in view of Soshi teaches the screw anchor of claim 9, wherein a metal deposition technique, such as a laser metal deposition process, a plasma transferred arc welding process, a metal inert gas welding process, or a metal active gas welding process is used to form a screw thread section of the screw anchor (the metal deposition technique of metal layer 120 of plurality of turns onto the base metal body is a laser deposition technique by supplying metal powder, Soshi (0057 - 0058 see FIG.7)).
Claims 16 – 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hagel in view of Soshi in further view of Giannuzzi et al. (US 5957646A) hereinafter "Giannuzzi". Regarding claim 16, Hagel in view of Soshi teaches the method of claim 1.
Hagel in view of Soshi do not explicitly teach that the first male screw thread section is helically aligned with the second male screw thread so that after the second male screw thread taps the female thread in the support, the first male screw thread enters the female threads to prevent axial removal of the screw anchor.
However, Giannuzzi relates to an enhanced strength screw-type, self-tapping masonry anchor for fastening a fixture or other attachment to masonry in which a hole is drilled to receive the anchor (1:05 - 10), also teaches first male screw thread section (referred root section in (3:9 - 16)) is helically aligned with the second male screw thread (surrounds the helical male cutting threads (3:9 - 16)) so that after the second male screw thread (cutting threads) taps (cut) the female thread in the support (into the bank of the hole), the first male screw thread enters the female threads to prevent axial removal of the screw anchor (to mechanically retain the anchor therein to impart to the anchor a holding strength that resist pull-out forces, 3:14 - 16)).
The advantages of the leading cutting threads of anchors to be helically aligned with root section of the threads are maximum holding power, high resistance to axial pull-out force, lower driving torque, and proper orientation of the driven anchor (2:50 - 3:05).
Therefore, it would have been obvious for someone with ordinary skill in the art at the time of filling to modify the method of forming a screw anchor disclosed by Hagel in view of Soshi to include first male screw thread section (root section) that is helically aligned with the cutting male thread section (second male thread section) in order to achieve high resistance to axial pull-out force, lower driving torque, and proper orientation of the driven anchor as taught by Giannuzzi.
Regarding claim 17, Hagel in view of Soshi teaches the method of claim 1.
Hagel in view of Soshi does not explicitly teach that after the step of tapping, the first male screw thread is slightly larger than the female thread.
However, Giannuzzi teaches that the anchor is provided by at least two helical male cutting threads whose crest diameters exceed the diameter of the hole whereby when the anchor is screwed into the hole, the cutting threads then cut corresponding female th reads into the bank of the hole wherein the root section forces through, (3: 9 - 18).
The advantage of providing male cutting threads whose crest diameter exceed the diameter of the hole whereby the anchor is screwed into is to mechanically retain the anchor therein to impart to the anchor a holding strength that resist axial pull-out forces (3:14 -16).
Therefore, it would have been obvious for someone with ordinary skill in the art at the time of invention to modify the method of forming a screw anchor disclosed by Hagel in view of Soshi to include helical male cutting threads whose crest diameters exceed the diameter of the hole the anchor is screwed into to mechanically retain the anchor therein to impart to the anchor a holding strength that resist axial pull-out forces as taught by Giannuzzi.
Regarding claim 18, Hagel discloses method of anchoring a screw anchor (a method of anchoring a screw anchor, Hagel (0023, 0025 and 0037)) comprising: forming a first male screw thread section on a metallic body, the first male screw thread being integral to the metallic body (forming on a first portion 102 of a shank 104 continuous male threads 112 with a plurality of turns extending from the body of the shank 104, (0026 and see FIGS. 1A, 1b)); to deposit a second male screw thread section on the metallic body (depositing a second male screw thread section by inserting a coil 200 of plurality of turns on a second portion 106 of the shank by inserting the coil on receiving channel 110 of the second portion 106 of the shank, (0028 and FIG. 1a, 1b)); wherein the second male screw thread section is formed of metallic material having a greater hardness than the metallic body (wherein the coil 200 is formed of other materials having a hardness superior to the stainless steel shank, (0025)) and tapping out a female thread in a hole in a support, receiving the first male screw thread in the female thread when the screw anchor is twisted into the hole (the coil 200 is able to tap out the threads into the concrete, leading the first male screw thread 112 attached to the body of the shank into the concrete, (0036)).
Hagel does not explicitly teach using a metal deposition technique to deposit the second male screw thread section.
However, Soshi that teaches a method of manufacturing a composite member, like a screw (0001, 0004), also teaches using a metal deposition technique to form by deposition a plurality of turns on a metal body. Soshi teaches using additive manufacturing apparatus 30, metal layer 120 of plurality of turns is deposited by applying metal powder to the grooves 111 of base member 110, (0066, 0067, 0104 and enclosed FIG. 7)).
The metal deposition technique to form by deposition a plurality of turns by applying metal powder on the metal body has the advantage over other methods (e.g. sintering) because it enables to sufficiently fill the powder material that leads to an increased connection strength (0011), which is needed for tapping out holes in strong concrete surfaces
Therefore it would have been obvious for someone with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of forming the plurality of turns of the second male screw threads by inserting the turns on the receiving channels of the metal shank taught by Hagel, with the use a metal deposition technique that forms the plurality of turns by additive manufacturing apparatus (30) that applies metal powder to the grooves of the metal body (base member 110) in order to achieve stronger connection of the threads to the metal shaft that is needed in taping out holes in concrete surfaces as taught in Soshi.
Hagel in view of Soshi still do not explicitly teach that the second male screw thread is in helical alignment with the first male screw thread.
However Giannuzzi teaches first male screw thread section (referred as root section in (3:9-16)) is helically aligned with the second male screw thread (surrounded by helical male cutting threads (3:9-16)) so that after the second male screw thread(cutting threads) taps (cut) the female thread in the support(into the bank of the hole), the first male screw thread enters the female threads to prevent axial removal of the screw anchor (to mechanically retain the anchor therein to impart to the anchor a holding strength that resist axial pull-out forces (8:14 - 16)).
The advantages of the leading cutting threads of anchors to be helically aligned with the root section of the threads are maximum holding power, high resistance to axial pull-out force, lower driving torque, and proper orientation of the driven anchor (2:50 - 05).
Therefore, it would have been obvious for someone with ordinary skill in the art at the time of invention to modify the method of forming a screw anchor disclosed by Hagel in view of Soshi to include first male screw thread section (root section) that is helically aligned with the cutting male thread section (second male thread section) in order to achieve high resistance to axial pull- out force, lower driving torque, and proper orientation of the driven anchor as taught by Giannuzzi.
Regarding claim 19, Hagel in view of Soshi in further view of Giannuzzi teaches the method of claim 18, wherein the metallic body and the first male screw thread has a lower hardness than a material of the support and the second male screw thread has a greater hardness than the material of the support (the stainless steel first male screw thread integral to the shank cannot drill holes to the concert and the coil 200 (the second thread section) is made from hardened, heat treated carbon steel having a hardness superior than the first male screw thread integral to the shank and can drill holes on the concrete, Hagel (0026, 0036) ).
Regarding claim 20, Hagel in view of Soshi in further view of Giannuzzi teaches the method of claim 18, wherein the step of receiving the first male screw thread includes receiving the first male screw thread into the female thread, where the material of the first male screw thread is resistant to corrosion (the shank that integrally constitutes the first male screw threads is formed of a highly corrosion resistant material stainless steel, Hagel (0007, 0025 - 0026)).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILNESSA B BELAY whose telephone number is (571)272-3136. The examiner can normally be reached M-F approx. 8:00 am - 5:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at (571)270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DILNESSA B BELAY/Examiner, Art Unit 3761
/JOHN J NORTON/Primary Examiner, Art Unit 3761