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.
Claims 1, 2, 3, 4, 5, 6, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsiao, U.S. 5,140,736.
Regarding claim 1, Hsiao discloses a material fastening system (col. 1, lines 6-8; the fastened chain fig 4, 90; col. 2, lines 41-55) having a body structure (fig 4, base 30; col. 2, lines 37-41),
a handle portion (handle in fig 4 below),
a first protruding portion (top platform 34) extending from the handle portion, the first protruding portion forming a rod channel (bolt hole 35), and
a second protruding portion (bottom platform 36) extending from the handle portion, the second protruding portion forming a fastener opening (bolt hole 37) configured to receive a fastener (screw thread bush 70), wherein one or more materials (chain 90, link 94, rivet 92) are to be disposed between the first protruding portion (34) and the second protruding portion (36);
and a rod structure (pressure screw 60) configured to at least partially pass through the rod channel (35) and at least one of:
penetrate the one or more materials (chain link 94) disposed between the first protruding portion and the second protruding portion;
or secure the fastener (rivet 92 is secured for removal) to the one or more materials (chain 90) disposed between the first protruding portion and the second protruding portion.
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As to claim 2, the reference discloses the rod channel (threaded bolt hole 35) is a threaded rod channel, the rod structure (60) is a threaded rod structure, and the threaded rod structure is to be threaded into the body structure via the threaded rod channel (col. 2, lines 49-59).
As to claim 3, the reference discloses the rod structure (60) includes a rod handle (telescopic lever 40) and a rod post (threaded post of screw 60 above pressure rod 62) that extends from the rod handle (40), and wherein a distal portion of the rod post (60) is configured to pass through the rod channel (35) and penetrate the one or more materials (materials of chain 90).
As to claim 4, the reference discloses a portion of the rod post (60) is configured to pass through the rod channel (35) responsive to the rod structure being rotated (col. 2, lines 59-66) about a vertical axis (axis of rod 60 and bores 51, 35, 37 and 74) of the rod post, the rod channel being disposed along the vertical axis.
As to claim 5, the reference discloses the rod structure (60) comprises a rod tip (pressure rod 62) configured to at least one of penetrate the one or more materials or secure the fastener to the one or more materials (col. 2, lines 63-67).
As to claim 6, the reference discloses the rod tip (pressure rod 62 appears to have a distal taper) is substantially pointed.
As to claim 8, the reference discloses a material fastening receptacle structure (thread bush 70; col. 3, lines 3-9) is configured to cover the fastener opening (thread bush 70 covers the interior surface of opening 37 including the notch 38 when rotated about the threads).
As to claim 9, the reference discloses the material fastening receptacle structure (thread bush 70) is threaded and is configured to secure into the fastener opening (col. 3, lines 32-37) of the second protruding portion (bottom platform 36) via threading.
Regarding claim 12, Hsiao discloses a material fastening (as noted above), a body structure (30), a handle portion (as noted above); a first protruding portion (34) extending from the handle portion, the first protruding portion forming a rod channel (35) configured to receive a first distal portion of a rod post (62) of a rod structure (60), the rod structure comprising a rod handle (40) proximate a second distal portion of and the rod post (upper end of 60 having 62); and
a second protruding portion (36) extending from the handle portion, the second protruding portion forming a fastener opening (37) associated with receiving a fastener (70), wherein one or more materials (chain assembly 90) are to be disposed between the first protruding portion and the second protruding portion.
As to claim 13, the reference discloses the rod channel (threaded bolt hole 35) is a threaded rod channel configured to receive a threaded rod structure (60), and the threaded rod structure is to be threaded into the body structure (col. 2, lines 2, lines 59-66) via the threaded rod channel (35).
As to claim 14, the reference discloses the rod structure (60) is configured to pass through the rod channel (35) responsive to the rod structure being rotated (col. 2, lines 59-66) about an axis of the rod channel.
As to claim 15, the reference discloses a material fastening receptacle structure (screw thread bush 70; col. 2, lines 47-55), wherein the fastener opening (37) is configured to receive a portion of the material fastening receptacle structure.
As to claim 16, the reference discloses the material fastening receptacle structure (70) is threaded (col. 2, lines 59-66).
As to claim 17, the reference discloses the material fastening receptacle structure (70) has a first surface (top surface 72; col. 2, lines 66-68) and a second surface (bottom surface at 78; col. 3, lines 24-32) that is opposite the first surface, the first surface (72) forming a material penetrating channel (boring bore 74; col. 3, lines 7-16) associated with penetrating the one or more materials (chain assembly 90) and the second surface (at 78) forming a fastener securing channel (side opening 76; col. 3, lines 16-23) associated with fastening (col. 3, lines 25-37) the one or more materials.
Regarding claim 18, Hsiao discloses positioning a material (chain 90) between a first protruding portion (34) of a material fastening system and a second protruding portion (36) of the material fastening system, wherein the first protruding portion and the second protruding portion are coupled via a handle portion (handle indicated above and body 30), and wherein the material is proximate a fastener opening (37) formed by the second protruding portion (36); moving a first rod post (62) of a first rod structure (60) through a rod channel (35) formed by the first protruding portion (34) until a first rod tip of the first rod post penetrates the material to create a hole (hole of removed rivet 92; col. 3, lines 3-17) in the material (chain 90); removing (col. 3, lines 9-23) the first rod post (60) from the rod channel (35); and moving a second rod post (during reuse; col. 3, lines 37-45) of a second rod structure (subsequent 60 for separate operations) through the rod channel (35) until a second rod tip of the second rod post secures a fastener (rivet 92 of chain 90) to the material via the hole (74), wherein the second rod tip forms a solid inner post (62) and an outer sleeve (female screw 50) disposed around the solid inner post (62) that interacts with a fastener shaft (rivet 92) of the fastener that protrudes away from the fastener opening (when released), wherein a fastener post (62) passes through the fastener opening (37).
As to claim 19, the reference discloses a material fastening receptacle (70) into the fastener opening (37) with a first surface (72) of the material fastening receptacle comprising a material penetrating channel (boring bore 74) associated with piercing the material responsive to the first surface facing the first protruding portion (34).
As to claim 20, the reference discloses inserting the material fastening receptacle (70) into the fastener opening (37) with a second surface (side at grooves 78) of the material fastening receptacle by a fastener securing channel (side opening 76) associated with securing the fastener to the material responsive to the second surface (72) facing the first protruding portion (34).
Claims 1, 5, 7, 8, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nickerson, U.S. 2,217,026.
Regarding claim 1, Nickerson discloses a material fastening system p. 1, left column, lines 1-4) having a body structure (fig 1, base portion a; p. 1, right column, lines 48-54) with a handle portion (fig 1, operating lever e; p. 1, right column, lines 48-54),
a first protruding portion (fig 1, guide portion c) extending from the handle portion (lever e at frame f of base a), the first protruding portion forming a rod channel (channel of guide portion c containing the plunger or slide d); and
a second protruding portion (die holder b) extending from the handle portion (lever e is integrated into the base a and frame f), the second protruding portion forming a fastener opening (opening of die holder b) configured to receive a fastener (fig 2, caulk socket member, sleeve portion p; p. 2, left column, lines 3-16) wherein one or more materials (shoe sole i; p. 2, lines 16-26) are to be disposed between the first protruding portion (guide portion c) and the second protruding portion (die holder b); and
a rod structure (fig 1, plunger d; p. 2, left column, lines 3-14) configured to at least partially pass through the rod channel (channel of portion c) and at least one of:
penetrate the one or more materials (material of shoe soles i) disposed between the first protruding portion and the second protruding portion;
or secure the fastener (the socket member) to the one or more materials (i) disposed between the first protruding portion and the second protruding portion.
As to claim 5, the reference discloses the rod structure (plunger d) includes a rod tip (projection k; p. 2, left column, lines 3-14) configured to penetrate the shoe sole materials and secure the fastener (the socket member) to shoe sole materials.
As to claim 7, the reference discloses the rod tip (projection k) has a solid inner post and an outer sleeve (fig 2, sleeve projection p) disposed around the solid inner post (projection k), wherein a gap (fig 4-8, space between the projection k and inner threads of the sleeve portion p) space is between the solid inner post and the outer sleeve (sleeve projection p).
As to claim 8, the reference discloses a material fastening receptacle structure (flange or base q; p. 2, left column lines 15-20) wherein the material fastening receptacle structure is configured to cover the fastener opening (fig 6; p. 2, left column, lines 38-49).
As to claim 10, the reference discloses the material fastening receptacle structure (flange or base q; p. 2, left column lines 15-20) has a first surface (area near the flange) and a second surface (area at tapered end y; p. 2, left column, lines 63-69) that is opposite the first surface, the first surface forming a material penetrating channel (interior about the projection p) associated with penetrating the materials and the second surface (tapered surfaces Y) forming a fastener securing channel (p. 2, right column , lines 46-61) associated with fastening the materials.
As to claim 11, the reference discloses the rod structure (plunger d) is configured to secure the fastener (fig 2, caulk socket member, sleeve portion p; p. 2, left column, lines 3-16) having a fastener post (projection p), a fastener head (flange or base q), and a fastener shaft (projection k) and the fastener shaft is configured to protrude away from the fastener opening (fig 4, fig 5) and the fastener post (projection p) is configured to protrude into the fastener opening (fig 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH L THOMPSON whose telephone number is (571)272-7037. The examiner can normally be reached Weekdays; 9:00-5:00, est.
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3 August 2026
/KENNETH L THOMPSON/ Primary Examiner, Art Unit 3676
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