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 Objections
Claims 2-4 and 6-10 are objected to because of the following informalities: there should be a comma between the preamble and the body of the claim. Appropriate correction is required.
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaeffer et al. (US 2012/0207563).
With regard to claim 1, Schaeffer discloses a fastening system (as seen in Figs. 1, 3, etc.) for receiving an associated screw (see paras. [0027], [0030], etc. disclosing such an intended use in the preamble) for joining parts together to form a structure (as all such nuts can be used for such an intended use in the preamble), the fastening system comprising: a structural nut (12); a breakaway nut (11) having a circumference that includes a shape (31) that is configured to be engaged by a hand tool for rotating the breakaway nut (i.e. as all such hex heads are capable of); wherein, upon rotation of the breakaway nut with respect to the associated screw, the structural nut is tightened against the structure to a desired tension whereupon the breakaway nut is dimensioned and configured to shear apart from the structural nut (as disclosed in paras. [0015], the abstract, etc. the disclosed fastener is capable of this intended use limitation/has such a configuration).
With regard to claim 2, Schaeffer discloses a neck portion (40) for joining the breakaway nut to the structural nut (as seen in Figs. 1, etc.).
With regard to claim 3, Schaeffer discloses that the circumference of the breakaway nut and neck portion are dimensioned and configured to prevent the hand tool from applying a rotational force directly to the structural nut prior to the breakaway nut being sheared apart from the structural nut (i.e. due to the enlarged section at 36).
With regard to claim 4, Schaeffer discloses that the structural nut has a circumference that includes a shape that is configured to be engaged by a hand tool for rotating the structural nut after the breakaway nut is sheared apart from the structural nut (as seen in Figs. 1-4 it also has hex shape and thus has this capability/configuration).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Schaeffer et al. (US 2012/0207563) in view of Sadri et al. (US 5,865,581).
With regard to claim 5, Schaeffer discloses a method of using a fastening system (as seen in Figs. 1, 3, etc.) for receiving an associated screw for joining parts together to form a structure (see paras. [0027], [0030], etc. disclosing such), comprising providing (shown as provided in the Figs.) a fastening system comprising: a structural nut (12); a breakaway nut (11) having a circumference that includes a shape (31) that is configured to be engaged by a hand tool for rotating the breakaway nut (i.e. as all such hex heads are capable of and as disclosed in (see para. [0028], etc.); wherein, upon rotation of the breakaway nut with respect to the associated screw, the structural nut is tightened against the structure to a desired tension whereupon the breakaway nut is dimensioned and configured to shear apart from the structural nut (as disclosed in paras. [0015], the abstract, etc.), Schaeffer also discloses the fastening system applied to a bolt inserted into the structure (see para. [0030]) and tightening the structural nut to the desired tension with respect to the structure by applying torque to the breakaway nut until the breakaway nuts shear away from each of their respective structural nuts (as disclosed in paras. [0015], the abstract, etc.)
Schaeffer fails to disclose a structure with a plurality of the fastening systems each applied to one of a plurality of the bolts and a method of verifying proper installation of such comprising verifying that each of the structural nuts have been sufficiently tightened with respect to the structure by visually confirming that each of the breakaway nuts have been sheared away from each of their respective structural nuts.
Sadri discloses a similar fastening system and method (see col. 1 lines 48-65, Figs. 1-3, etc.) with a method of verifying proper installation of such comprising verifying that each of the structural nuts have been sufficiently tightened with respect to the structure by visually confirming that each of the breakaway nuts have been sheared away from each of their respective structural nuts (see col. 4 lines 55-64, etc.).
It would have been considered obvious to one having ordinary skill in the art, at the time of filing, to have modified the method of Schaeffer such that it includes verifying proper installation of such comprising verifying that each of the structural nuts have been sufficiently tightened with respect to the structure by visually confirming that each of the breakaway nuts have been sheared away from each of their respective structural nuts as taught by Sadri. Such a modification would provide the expected benefit of providing quick verification of the proper installation of the fasteners of Schaeffer. Additionally it would have been considered obvious to one having ordinary skill in the art, at the time of filing to have the method be for a structure with a plurality of the fastening systems each applied to one of a plurality of the bolts as such a modification would have involved the mere duplication of parts/steps which have been held to be obvious/only involve routine skill in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), etc.. Such a modification would provide he expected results of providing such to plural devices in a single complex structure.
With regard to claim 6 , the combination fails to disclose that the providing step includes providing a first set of fastening systems and a second set of fastening systems, the first set of fastening systems having a first desired tension in which the breakaway nut is operable to shear away from the structural nut and the second set of fastening systems having a second desired tension in which the breakaway nut is operable to shear away from the structural nut, the second desired tension being different than the first desired tension. However it would have been considered obvious to one having ordinary skill in the art, at the time the invention was filed, to have modified the combination such that the providing step includes providing a first set of fastening systems and a second set of fastening systems, the first set of fastening systems having a first desired tension in which the breakaway nut is operable to shear away from the structural nut and the second set of fastening systems having a second desired tension in which the breakaway nut is operable to shear away from the structural nut, the second desired tension being different than the first desired tension as Examiner hereby takes Official Notice that the art is replete with examples of structures requiring multiple pluralities of threaded connections, each plurality having a different required torque such that the providing step includes providing a first set of fastening systems and a second set of fastening systems, the first set of fastening systems having a first desired tension in which the breakaway nut is operable to shear away from the structural nut and the second set of fastening systems having a second desired tension in which the breakaway nut is operable to shear away from the structural nut, the second desired tension being different than the first desired tension. Such a modification would provide the expected benefit of providing the beneficial visual verification and ideal tightening to a complex structure with at least two sets of at least two fasteners.
With regard to claim 7, the combination fails to disclose that the installing step includes selecting one of the first set of fastening systems and the second set of fastening systems for installation based at least in part on the desired tension being one of the first desired tension and the second desired tension. However it would have been considered obvious to one having ordinary skill in the art, at the time the invention was filed, to have modified the combination such that the installing step includes selecting one of the first set of fastening systems and the second set of fastening systems for installation based at least in part on the desired tension being one of the first desired tension and the second desired tension as Examiner hereby takes Official Notice that the art is replete with examples of requiring selecting the proper fastener for the desires torque such that the installing step includes selecting one of the first set of fastening systems and the second set of fastening systems for installation based at least in part on the desired tension being one of the first desired tension and the second desired tension. Such a modification would provide the expected benefit of providing the right torque to the right fastener/area of the structure.
With regard to claim 8, the combination (Schaeffer) discloses each of the plurality a neck portion (40) for joining the breakaway nut to the structural nut (as seen in Figs. 1, etc.).
With regard to claim 9, the combination (Schaeffer) discloses that the circumference of the breakaway nut and neck portion are dimensioned and configured to prevent the hand tool from applying a rotational force directly to the structural nut prior to the breakaway nut being sheared apart from the structural nut (i.e. due to the enlarged section at 36).
With regard to claim 10, the combination (Schaeffer) discloses that the structural nut has a circumference that includes a shape that is configured to be engaged by a hand tool for rotating the structural nut after the breakaway nut is sheared apart from the structural nut (as seen in Figs. 1-4 it also has hex shape and thus has this capability/configuration).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides additional examples of similar fasteners (shear nuts, breakaway nuts, etc.) and methods of their use.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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, Kristina Fulton can be reached at (571) 272-7376. 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.
/NICHOLAS L FOSTER/ Primary Examiner, Art Unit 3675
