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 .
DETAILED ACTION
This is the first action on the merits for application 18/985686. Claims 1-22 are currently pending in this application.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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.
Claims 5, 13 are 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.
Regarding claims 5, 13 the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 5, 13 the phrase "especially" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 5, 13 the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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) 1,4, 6, 11-14, 16, 17, 20-22 is/are rejected under 35 U.S.C. 102al as being anticipated by SECKERSON (3,332,463).
Regarding Claim 1, SECKERSON teaches a nut (22)(23)(Figs. 7, 8) for securing a component to a support, in particular a sanitary fitting to a worktop, comprising a first nut part (22), and a second nut part (23), wherein the first nut part (22) has at least two threaded tabs (25) on its radially inner side, each with a thread (Col. 3 lines 3-9), and wherein the two nut parts (22, 23) are arranged to be displaceable relative to one another along an axial axis, such that, in a first position -open position- the threaded tabs (25) of the first nut part (22) can be arranged to protrude radially outward, and in a second position -closed position- the threaded tabs (25) of the first nut part (22) can be arranged, by means of the second nut part (23), in particular extending radially inward, to engage with a corresponding external thread (Col. 3 lines 3-9) of the component (32), characterized in that the first and second nut parts (22, 23) are configured to be freely rotatable relative to each other about the axial axis..
Regarding Claim 2, SECKERSON teaches characterized in that the first nut part (22) and the second nut part (23) can be secured to each other by means of a securing device (27)(28), which is in particular designed to be releasable (Col. 2 lines 51-57).
Regarding Claim 3, SECKERSON teaches characterized in that the securing device (27)(28) includes a locking, clipping or snapping mechanism (Col. 2 lines 51-57).
Regarding Claim 4, SECKERSON teaches characterized in that the securing device (27)(28) includes at least one guide slot (area on interior of 23), into which at least one guide element (27) engages, in particular wherein the at least one guide slot is arranged in the second nut part (23) and the guide element (27) is arranged on the first nut part (22).
Regarding Claim 6, SECKERSON teaches characterized in that a return mechanism (25)(part 25 is resilient) is arranged to exert a restoring force towards the open position.
Regarding Claim 11, SECKERSON teaches characterized in that the return mechanism (25) and the securing device (27)(28) are configured to interact to provide the open position.
Regarding Claim 12, SECKERSON teaches characterized in that the threaded tabs (25) are arranged parallel to the axial direction in their unloaded state.
Regarding Claim 13, SECKERSON teaches characterized in that the number of threaded tabs (25) is fewer than 30, preferably fewer than 15, in particular fewer than 8, preferably 4 and more than 2 (Fig. 5).
Regarding Claim 14, SECKERSON teaches characterized in that an open-hold device (25)(26)(29) is arranged to provide the open position.
Regarding Claim 16, SECKERSON teaches characterized in that the first nut part (22) is partially arranged within the second nut part (23), and the second nut part (23) is at least partially arranged on the radial outer side of the first nut part (22).
Regarding Claim 17, SECKERSON teaches characterized in that the second nut part (3) includes, on the axial side facing away from the first nut part (2), a contact device (axially lower part of 23) for positioning the nut (22)(23) on the component (30)(31).
Regarding Claim 20, SECKERSON teaches wherein the component (32) has an external thread corresponding to the thread of the nut (22)(23), such that the nut can be screwed onto the external thread in its closed position, and wherein in its open position, the thread is provided, at least in one section (25), with an internal diameter greater than the external diameter of the external thread.
Regarding Claim 21, SECKERSON teaches a method for securing a component (32) to a support (20)(19), comprising the steps: - providing a nut (22)(23) according to claim 1 in the open position, - providing the component (32), wherein the component (32) has an external thread corresponding to the thread of the nut (22)(23), such that the nut can be screwed onto the external thread in its closed position, - positioning the component (32) on the support (20), - sliding the nut in its open position over the external thread of the component (32) until the nut contacts the support (20)(19) with its second nut part (23), - actuating the first nut part (22) until the nut (22)(23) reaches its closed position, engaging the thread with the external thread of the component (32), and - securing the thread of the nut by rotating the nut to secure the component (32) to the support (20)(19).
Regarding Claim 22, SECKERSON teaches A method for releasing a component (32) secured to a support (20)(19), comprising the steps: - providing a nut (22)(23) according to claim 1 in its closed position on the component (32), wherein the component (32) has an external thread corresponding to the thread of the nut, and wherein the thread of the nut engages the external thread of the component (32), - actuating the thread of the nut by rotating the nut (22)(23) to release the component (32) from the support (20)(19) until the nut reaches its open position, and - releasing the nut by moving it into its open position over the external thread of the component to release the component from the support (20)(19).
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over SECKERSON (3,332,463).
Regarding Claim 5, SECKERSON teaches characterized in that the securing device (27)(28) includes sliding surfaces (26)(29) on the first and second nut parts (22, 23), which are sloped at an angle relative to the axial direction.
SECKERSON does not teach in particular where the angle relative to the axial direction is at least 5 degrees, especially at least 10 degrees, preferably at least 15 degrees and in particular at least 30 degrees.
SECKERSON shows the sliding surface angle as a result effective variable since the sliding surface has some angle (Figs. 7, 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to recognize the result effective variable of the sliding surface angle and optimize it to so the nut threads are easily pressed into the threads of the bolt while allowing the surfaces to easily slide to disengage the threads.
Allowable Subject Matter
Claims 7-10, 15, 18, 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art does not teach or suggest characterized in that the return mechanism includes a spring mechanism with at least one spring element arranged between the first and second nut parts with the other elements in Claim 7.
The prior art does not teach or suggest characterized in that the open-hold device includes at least one elongated element, which is held in or on at least one opening, in particular in a form-fitting or friction-locking manner, and engages with the at least one opening during the transition from the open position to the closed position, in particular wherein the at least one elongated element and the at least one opening are arranged on the first nut part with the other elements in Claim 15.
The prior art does not teach or suggest characterized in that the contact device comprises a planar component, in particular triangular in shape with the other elements in Claim 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY Y LIU whose telephone number is (571)270-7018. The examiner can normally be reached 9-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT W HODGE can be reached at 5712722097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HENRY Y. LIU
Examiner
Art Unit 3654
/HENRY Y LIU/ Primary Examiner, Art Unit 3654
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