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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed on August 29, 2023 in China. It is noted, however, that applicant has not filed a certified copy of the CN2023223244448 application as required by 37 CFR 1.55. It is further noted that applicant has requested for USPTO to retrieve priority documents; however, the Office could not retrieve the foreign document as communicated in a letter mailed to applicant on January 29, 2025.
Specification
The disclosure is objected to because of the following informalities: numeral reference “111” has been used to describe both “limiting grooves 111” and “limiting slots 111”. Additionally, there is no proper antecedent basis for the slots 111 in the disclosure.
Appropriate correction is required.
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.
Claim 3 is 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 3 recites the limitation "the limiting slots" in line 2. There is insufficient antecedent basis for this limitation in the claim. Should the limiting slots be considered the limiting grooves?
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 - 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rhee, US 3,913,179.
Regarding claim 1, Rhee (US 3,913,179) discloses a size-adjustable fastener, comprising: a first fastener (50) and a second fastener (42); wherein, the first fastener (50) is arranged with a plurality of connection strips (each strip having edges and/or notches); an end of each of the plurality of connection strips is arranged with a limiting block (68); a transverse cross section (the width of the fastener end) of the limiting block (68) is larger than that of the connection strip (see figure 5); the second fastener (42) defines a plurality of connection holes (44, 46, 48); each of the plurality of connection holes is communicated with a limiting hole (transverse part of the T-shape holes 44, 46, 48; see elements 47 and 49), and the limiting hole (47, 49) is located at a side of the respective connection hole (see figure 6); the connection strip is inserted into the connection hole from a side of the second fastener (figure 6); the connection strip is moved to approach the limiting hole to enable the limiting block (68) to abut against the other side of the second fastener (42), enabling an end of the second fastener (42) is connected to an end of the first fastener (50); and the other end of the second fastener (42) is connected (via the strap 40) to the other end of the first fastener (50).
Regarding claim 2, Rhee discloses the size-adjustable fastener according to claim 1, wherein, two ends of a side of the connection strip defines two limiting grooves (60, 62, 64, 66), respectively; a length of the limiting hole (47, 49) is smaller than a length of the connection hole (44, 46, 48); two limiting projections (along side edges of the connection holes 44, 46, 48) are formed at connections between the connection hole and the limiting hole (see figure 6); when the connection strip is moved to approach the limiting hole, the two limiting projections are respectively snapped into the two limiting grooves (see figure 7).
Regarding claim 3, as best understood, Rhee discloses the size-adjustable fastener according to claim 2, wherein, a side of the limiting block (47, 49) facing the limiting slots (60, 62, 64, 66) horizontally protrudes out of the side of the connection strip (see figure 6).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhee, US 3,913,179.
Regarding claim 4, Rhee discloses the size-adjustable fastener according to claim 1, wherein, the number of the plurality of connection strips is at least two, and the number of the plurality of connection holes is more than the number of the plurality of connection strips.
Rhee does not explicitly disclose the number of connection strips is at least three and consequently the number of connection holes is more than three. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the number of connection strips and the connection holes of the fastener of Rhee to arrive at the claimed invention since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 247 F.2d 669, 124 USPQ 378).
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karl, CH 679178.
Regarding claim 1, Karl discloses a size-adjustable fastener, comprising: a first fastener (2) and a second fastener (3); wherein, the first fastener (1) is arranged with a connection strip (8); an end of the connection strip (8) is arranged with a limiting block (9); a transverse cross section (see figure 2) of the limiting block (9) is larger than that of the connection strip (8); the second fastener (3) defines a connection hole (15); each of the connection hole (15) is communicated with a limiting hole (14), and the limiting hole (14) is located at a side of the respective connection hole (15); the connection strip (8) is inserted into the connection hole (15) from a side of the second fastener (figure 2); the connection strip (8) is moved to approach the limiting hole (14) to enable the limiting block (9) to abut (via elements 17) against the other side of the second fastener (3), enabling an end of the second fastener (3) is connected to an end of the first fastener (2); and the other end of the second fastener (3) is connected (via the band 1) to the other end of the first fastener (2).
Karl does not explicitly disclose a plurality of connection strips in the first fastener and a plurality of connection holes in the second fastener. However, it is well known in the clamping art that a band clamp as disclosed by Karl provide multiple hooks and openings (5, 6) for a more secured fastening when using the tensioning tool (18) as shown. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the connection strips and the connection holes of Karl to arrive at the claimed invention since additional connection strips and holes would provide added strength for the fastener.
Claim(s) 5 - 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhee, US 3,913,179 in view of Sampson, US 2006/0213039.
Regarding claim 5, Rhee discloses the size-adjustable fastener according to claim 1. It is noted that the fastener of Rhee comprises a single strap (42) and not separated to be arranged with a bolt and nut configuration to connect the first and second fasteners. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to separate the strap (42) of Rhee to comprise separate first and second fasteners, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
As modified, Rhee does not expressly teach wherein, the other end of the second fastener is arranged with a bolt, and the other end of the first fastener is arranged with a fastening nut; the bolt is screwed tightly with the fastening nut to enable the other end of the second fastener to be connected to the other end of the first fastener.
Sampson teaches a size-adjustable fastener wherein, the other end of the second fastener (14) is arranged with a bolt (fastener not shown), and the other end (figure 1) of the first fastener (12) is arranged with a fastening nut (complimentary nut of the fastener not shown); the bolt (fastener) is screwed tightly with the fastening nut (fastening nut) to enable the other end of the second fastener (14) to be connected to the other end of the first fastener (12).
The examiner takes further Official Notice that it is known in the art that a nut and bolt configuration for a fastener is well known. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to consider the fastener configuration to be a known nut and bolt fastener combination in order to provide the fastening mechanism.
Regarding claim 6, the combination of Rhee and Sampson teaches the size-adjustable fastener according to claim 5. The combination does not expressly teach wherein, an auxiliary hole is defined between the plurality of connection holes and the bolt (the fastener); and the end of the second fastener away from the bolt (the fastener) passes through the auxiliary hole. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to consider indented auxiliary holes near the ends of the fastener since it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947)
Regarding claim 7, the combination of Rhee and Sampson teaches the size-adjustable fastener according to claim 5. Sampson further teaches wherein, the second fastener (14) defines a bolt hole (24); the bolt (the fastener) extends through the bolt hole (24); the fastening nut (fastening nut) defines a screw hole (inherent feature); the bolt is screwed into the screw hole (of the fastening nut), enabling the other end of the first fastener (12) to be connected to the other end of the second fastener (14).
Regarding claim 8, the combination of Rhee and Sampson teaches the size-adjustable fastener according to claim 7. The combination does not expressly teach wherein, the bolt hole (24 of Sampson) is communicated with a receiving slot, the receiving slot is configured to receive a head of the bolt (the fastener). The examiner takes Official Notice that it is well known for a counterbore to be equal to the height of the bolt’s head to result in a flush finish to prevent snagging or protruding parts from the fastener head (and also aesthetics). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the bolt hole (24) of Sampson to include a counterbore since it is well known in the art for a flushed finish to prevent snagging and damaging of the fastener head.
Regarding claim 9, the combination of Rhee and Sampson teaches the size-adjustable fastener according to claim 5. Sampson further teaches wherein, the first fastener (12) defines a nut hole (22). The combination does not expressly teach an inner wall of the nut hole (22) is arranged with internal threads, the fastening nut is arranged with external threads, the nut is mounted in the nut hole by threading the external threads with the internal threads. The examiner takes Official Notice that it is well known to integrate the fastening nut with the nut hole (22) so that the result is a flush finish to finish to prevent snagging or protruding parts from the fastener nut (and also aesthetics). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the nut hole (22) of Sampson to integrate the fastening nut with the hole since it is well known in the art for a flushed finish to prevent snagging and damaging of the fastening nut.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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, Jason San can be reached at (571) 272-6531. 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.
/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677