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
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.
Claims 1, 11 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hufnagl et al. US20180283432 (hereinafter, Hufnagl).
Regarding claim 1, Hufnagl discloses a fastener (10, see Fig. 1), comprising:
a sleeve 14 including
a first end 62 and a second end 64 opposite the first end;
a tubular portion 60 including
an external surface (outer surface of the sleeve 14),
an internal surface (internal surface in interior region of the sleeve 14), and
an internal thread 84 formed within the internal surface at the second
end; and
a core bolt (12, see Figs. 1-9) including
a first end 32 and a second end 34 opposite the first end of the core bolt, an external surface (outer surface of the bolt 12),
a cylindrical portion (see smooth portion of the bolt 12 adjacent the head 36) proximate to the first end of the core bolt,
an external threaded portion 34 proximate to the second end of the core bolt, and
a thread runout 46 between the cylindrical portion and the external threaded portion,
wherein the core bolt is configured to be disposed within the sleeve (see Fig. 1), and
wherein the external threaded portion is configured to threadedly engage the internal thread of the sleeve (see Fig. 1); and
an insert 16 configured to be disposed within the sleeve and encircle a portion of the core bolt proximate to the second end thereof (see Figs. 1-2),
wherein the insert is sized and shaped to abut and be retained between the internal thread of the sleeve and the thread runout of the core bolt when the fastener is in a pre-installation position (see Fig. 1),
wherein the insert is configured to be compressed between the internal thread of the sleeve and the thread runout of the core bolt by an installation motion of the core bolt with respect to the sleeve with a generation of a compressive load on the sleeve by the installation motion of the core bolt (see Figs. 2-3 and para. [0029]),
wherein the insert is configured to deform and facilitate a formation of a bulb in the sleeve in response to compression of the insert (see para. [0029]),
wherein the insert is configured to fill a void at an area between the external surface of the core bolt proximate to the second end thereof and the sleeve proximate to the second end of the tubular portion of the sleeve (see Figs. 2-3).
wherein the insert is configured to provide an electrically conductive path between the sleeve and the core bolt at the area.
(It is the examiner’s position that the insert in Hufnagl is made of copper, which is same material as the insert in present application, and the copper is capable of being configured to provide an electrically conductive path between the sleeve and the core bolt at the area)
Regarding claim 11, Hufnagl discloses the fastener of Claim 1, wherein Hufnagl further teaches the insert is composed of copper (see claim 7).
Regarding claim 18, Hufnagl discloses a fastener 10, comprising:
a sleeve 14 including
a first end 62 and a second end 64 opposite the first end,
an internal surface (see internal region of the sleeve 14 in Figs. 1-2),
a tubular portion 60 having,
a head 66 located at the first end,
a first portion 72 proximate to the first end 62 and having a first inner diameter 78,
a second portion 74 adjacent the first portion and having a second inner diameter 48 that is less than the first inner diameter of the first portion,
a third portion 76 proximate to the second end 64 and having an internal thread 84 in the internal surface, and
a step 82 located between the first portion and the second portion;
a core bolt 12 including
a first end 32 and a second end 34 opposite the first end of the core bolt,
an external surface (external region of the bolt 12),
a cylindrical portion 42 proximate to the first end of the core bolt,
an external threaded portion 44 proximate to the second end of the core bolt, and
a thread runout 46 between the cylindrical portion and the external threaded portion,
wherein the core bolt is configured to be disposed within the sleeve (see Figs. 1-2), and
wherein the external threaded portion is configured to threadedly engage the internal thread of the sleeve (see Figs. 1-2); and
an insert 16 configured to be disposed within the sleeve and encircle a portion of the core bolt proximate to the second end thereof (see Figs. 1-2),
wherein the insert is sized and shaped to abut and be retained between the step of the sleeve and the thread runout of the core bolt when the fastener is in a pre-installation position (see claim 6),
wherein the insert is configured to be compressed between the internal thread of the sleeve and the thread runout of the core bolt by an installation motion of the core bolt with respect to the sleeve with a generation of a compressive load on the sleeve by the installation motion of the core bolt (claim 1), and
wherein the insert is configured to deform and facilitate a formation of a bulb in the sleeve in response to compression of the insert (claim 1),
wherein the insert is configured to fill a void at an area between the external surface of the core bolt proximate to the second end thereof and the internal surface of the sleeve proximate to the second end of the tubular portion of the sleeve (see Fig. 2), and
wherein the insert is configured to provide an electrically conductive path between the sleeve and the core bolt at the area (please refer to the rejection and rationale set forth above in claim 1).
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.
Claims 1-3, 11-12 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hufnagl et al., US20180283432A1 (hereinafter, Hufnagl).
Regarding claim 1, Hufnagl teaches a fastener (10, see Fig. 1), comprising:
a sleeve 14 including
a first end 62 and a second end 64 opposite the first end;
a tubular portion 60 including
an external surface (outer surface of the sleeve 14),
an internal surface (internal surface in interior region of the sleeve 14), and
an internal thread 84 formed within the internal surface at the second
end; and
a core bolt (12, see Figs. 1-9) including
a first end 32 and a second end 34 opposite the first end of the core bolt, an external surface (outer surface of the bolt 12),
a cylindrical portion (see smooth portion of the bolt 12 adjacent the head 36) proximate to the first end of the core bolt,
an external threaded portion 34 proximate to the second end of the core bolt, and
a thread runout 46 between the cylindrical portion and the external threaded portion,
wherein the core bolt is configured to be disposed within the sleeve (see Fig. 1), and
wherein the external threaded portion is configured to threadedly engage the internal thread of the sleeve (see Fig. 1); and
an insert 16 configured to be disposed within the sleeve and encircle a portion of the core bolt proximate to the second end thereof (see Figs. 1-2),
wherein the insert is sized and shaped to abut and be retained between the internal thread of the sleeve and the thread runout of the core bolt when the fastener is in a pre-installation position (see Fig. 1),
wherein the insert is configured to be compressed between the internal thread of the sleeve and the thread runout of the core bolt by an installation motion of the core bolt with respect to the sleeve with a generation of a compressive load on the sleeve by the installation motion of the core bolt (see Figs. 2-3 and para. [0029]),
wherein the insert is configured to deform and facilitate a formation of a bulb in the sleeve in response to compression of the insert (see para. [0029]),
wherein the insert is configured to fill a void at an area between the external surface of the core bolt proximate to the second end thereof and the sleeve proximate to the second end of the tubular portion of the sleeve (see Figs. 2-3).
Hufnagl fails to expressly teach wherein the insert is configured to provide an electrically conductive path between the sleeve and the core bolt at the area.
However, Hufnagl does disclose that the insert is made of copper (see claim 7)
It is the examiner’s position that it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have the insert in Hufnagl configured to provide an electrically conductive path between the sleeve and the core bolt at the area for improving electrical performance and maintain mechanical strength.
Regarding claim 2, Hufnagl teaches and/or make obvious of the fastener of Claim 1, but fails to teach wherein the sleeve is composed of steel.
It is the examiner’s position that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified insert in Hufnagl to be steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07.
Regarding claim 3, Hufnagl teaches and/or make obvious of the fastener of Claim 2, wherein a first friction coefficient between the internal surface of the sleeve and the external surface of the core bolt and a second friction coefficient between the internal surface of the sleeve and the external surface of the insert are selected to facilitate sliding contact between the sleeve and the core bolt and between the sleeve and the insert during installation of the fastener.
Concerning limitations in claim 3 above¸ the Examiner considers the limitations above to be obvious method step for the installation of the fastener, therefore Examiner notes that the instant method step limitations are considered obvious over the prior art in view of rejections of the structural limitations previously set forth. Although the prior art does not explicitly set forth the method steps as claimed when the method steps essentially set forth the provision and use of an apparatus, as intended by its structure, then such method steps are considered obvious when the structure of the apparatus has been demonstrated as obvious or anticipated by the prior art.
Regarding claim 11, Hufnagl teaches and/or make obvious of the fastener of Claim 1, wherein Hufnagl further teaches the insert is composed of copper (see claim 7).
Regarding claim 12, Hufnagl teaches and/or make obvious of the fastener of Claim 1, but fails to teach wherein the insert is composed of a Monel alloy.
It is the examiner’s position that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have insert in Hufnagl to be composed of a Monel ally for its excellent corrosion resistance, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07.
Regarding claim 15, Hufnagl teaches the fastener of Claim 3, wherein Hufnagl further teaches said sleeve includes a band annealed portion proximate to the insert (see para. [0005]).
Regarding claim 16, Hufnagl teaches the fastener of Claim 1, wherein said core bolt 12 includes a head 36 at the first end thereof, wherein the sleeve 14 includes a head 66 at the first end thereof, and wherein the head of the sleeve includes a pocket sized 68 and shaped to receive the head of the core bolt (see Figs. 1-2).
Regarding claim 17, Hufnagl teaches and/or make obvious of the fastener of Claim 16, wherein the head 66 of the sleeve is configured to be installed in an accessible hole in a plurality of workpieces 18, 20, and wherein the bulb is configured to be located on a blind side of the workpieces (see Fig. 2).
Regarding claim 18, Hufnagl teaches a fastener 10, comprising:
a sleeve 14 including
a first end 62 and a second end 64 opposite the first end,
an internal surface (see internal region of the sleeve 14 in Figs. 1-2),
a tubular portion 60 having,
a head 66 located at the first end,
a first portion 72 proximate to the first end 62 and having a first inner diameter 78,
a second portion 74 adjacent the first portion and having a second inner diameter 48 that is less than the first inner diameter of the first portion,
a third portion 76 proximate to the second end 64 and having an internal thread 84 in the internal surface, and
a step 82 located between the first portion and the second portion;
a core bolt 12 including
a first end 32 and a second end 34 opposite the first end of the core bolt,
an external surface (external region of the bolt 12),
a cylindrical portion 42 proximate to the first end of the core bolt,
an external threaded portion 44 proximate to the second end of the core bolt, and
a thread runout 46 between the cylindrical portion and the external threaded portion,
wherein the core bolt is configured to be disposed within the sleeve (see Figs. 1-2), and
wherein the external threaded portion is configured to threadedly engage the internal thread of the sleeve (see Figs. 1-2); and
an insert 16 configured to be disposed within the sleeve and encircle a portion of the core bolt proximate to the second end thereof (see Figs. 1-2),
wherein the insert is sized and shaped to abut and be retained between the step of the sleeve and the thread runout of the core bolt when the fastener is in a pre-installation position (see claim 6),
wherein the insert is configured to be compressed between the internal thread of the sleeve and the thread runout of the core bolt by an installation motion of the core bolt with respect to the sleeve with a generation of a compressive load on the sleeve by the installation motion of the core bolt (claim 1), and
wherein the insert is configured to deform and facilitate a formation of a bulb in the sleeve in response to compression of the insert (claim 1),
wherein the insert is configured to fill a void at an area between the external surface of the core bolt proximate to the second end thereof and the internal surface of the sleeve proximate to the second end of the tubular portion of the sleeve (see Fig. 2), and
wherein the insert is configured to provide an electrically conductive path between the sleeve and the core bolt at the area (please refer to the rejection and rationale set forth above in claim 1).
Regarding claim 19, The fastener of Claim 18, wherein a first friction coefficient between the internal surface of the sleeve and the external surface of the core bolt and a second friction coefficient between the internal surface of the sleeve and the external surface of the insert are selected to facilitate sliding contact between the sleeve and the core bolt and between the sleeve and the insert during installation of the fastener.
(Concerning limitations in claim 19, it is the examiner’s position that limitation in claim 19 are similar to claim 3 above, therefore Hufnagl still teaches and/or make obvious of the limitations. Please refer to the rejection and rationale set forth above.)
Regarding claim 20, The fastener of Claim 19, wherein the sleeve includes a first layer on the external surface of the sleeve, wherein the first layer includes a first hardness, and a second layer on the internal surface of the sleeve, wherein the second layer includes a second hardness, and wherein the second hardness is greater than the first hardness.
(Concerning limitations in claim 20, it is the examiner’s position that limitation in claim 20 are similar to claim 4 above, therefore Hufnagl still teaches and/or make obvious of the limitations. Please refer to the rejection and rationale set forth above.)
Claim 4-10 is rejected under 35 U.S.C. 103 as being unpatentable over Hufnagl in view of Haylock et al., WO2010115084 (hereinafter, Haylock).
Regarding claim 4, Hufnagl teaches and/or make obvious of the fastener of Claim 3, but fails to teach wherein the sleeve includes a first layer on the external surface of the sleeve, wherein the first layer includes a first hardness, and a second layer on the internal surface of the sleeve, wherein the second layer includes a second hardness, and wherein the second hardness is greater than the first hardness.
However, Haylock teaches a fastener with conforming sleeves (see Figs. 9-11) wherein the sleeve includes a first layer on the external surface of the sleeve (outer coating layer, see para. [0056]) wherein the first layer includes a first hardness (see para. [0056]), and a second layer on the internal surface of the sleeve (inner base layer, see para. [0056]), wherein the layer includes a second hardness (see para. [0056]) and wherein the second hardness is greater than the first hardness (see para. [0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the sleeve in Hufnagl to have first and second layer where the second hardness is greater than the first hardness as taught by Haylock so the second layer maybe the proper hard metal so the sleeve is properly adapted to be installed in a hole, and the first layer maybe the coating to aid the electrical conductivity.
Regarding claim 5, Hufnagl in view of Haylock teaches and/or make obvious of the fastener of Claim 4, wherein Haylock further teaches the first layer is a coating (see claim 8 and see rationale set forth in claim 4 above).
Regarding claim 6, Hufnagl in view of Haylock teaches and/or make obvious of the fastener of Claim 5, wherein Haylock further teaches the coating is composed of a metal-based coating (see claim 10 and see rationale set forth in claim 4 above).
Regarding claim 7, Hufnagl in view of Haylock teaches and/or make obvious of the fastener of Claim 5, wherein Haylock further teaches the coating is selected from the group consisting of silver, gold, nickel, cadmium, copper, and lead, or alloys thereof (see claim 11 and see rationale set forth in claim 4 above).
Regarding claim 8, Hufnagl in view of Haylock teaches and/or make obvious of the fastener of Claim 5, but fails to teach wherein the coating is composed of bronze.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have coating composed of bronze in sleeve of Hufnagl, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07.
Regarding claim 9, Hufnagle in view of Haylock teaches and/or make obvious of the fastener of Claim 8, but fails to teach wherein the sleeve includes a third layer over the second layer.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the sleeve in Hufnagle to include a third layer over the second layer, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Further, disclose does not provide any evidence of criticality of the third layer in page. 5 of specification.
Regarding claim 10, Hufnagl in view of Haylock teaches and/or make obvious of the fastener of Claim 9, but fails to teach wherein the second layer is composed of carbon and the third layer is composed of nitrogen and carbon.
It is the examiner’s position that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have above established second layer compose of carbon and the third layer composed of nitrogen and carbon, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hufnagl in view of Cosgrove et al., US4079692 (hereinafter, Cosgrove).
Regarding claim 13, Hufnagl teaches and/or make obvious of the fastener of Claim 1, but fails to teach wherein the insert includes a coating.
However, Cosgrove teaches a coating applicator for applying a layer of coating material around elongated member (see Abstract).
Hufnagl teaches and/or make obvious of the structural limitations in claim 13. Therefore, it is the examiner’s position that it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have insert in Hufnagl include coating as taught by Cosgrove for various purpose like improving the conductivity, strength or corrosion resistance.
Regarding claim 14, Hufnagl in view of Cosgrove teaches and/or make obvious of the fastener of Claim 13, but fails to teach wherein the coating is selected from the group consisting of silver, gold and nickel.
However, it is the examiner’s position that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the coating is selected from the group consisting of silver, gold and nickel for cost effective coating, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIL K MAGAR whose telephone number is (571)272-8180. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIL K. MAGAR/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
