DETAILED ACTION
This is the first office action for US Application 18/986,029 for a Washer and Method of Providing Anchorage.
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 9-16 are objected to because of the following informalities: Claim 9, line 2, the word “the” should be deleted and replaced with - - a - -. Claim 11, the 2nd from the last line, the word - - the - - should be inserted before “indicator”. Claim 12, line 2, the word “the” should be deleted and replaced with - - a - -. 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.
Claim(s) 1, 2, 7, 8 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,519,279 to Wagner. Regarding claim 1, Wagner discloses a washer (10) for filling an annular gap around a fastener (36… see figures 1 and 4, and col. 3, lines 7-20). The washer comprises a cylindrical body defining a port (one of the holes 20) configured to enable the annular gap to be filled through the washer (see col. 3, lines 7-20), and an indicator (another of the holes 20) configured to indicate when the gap has been sufficiently filled (when the gap is filled there would be a visual indicator of the material overflowing the openings).
Regarding claim 2, the port is a first port, and the indicator is a second port. Regarding claim 7, the indicator is in the form of a channel or a groove formed in an upper surface of the cylindrical body (see figure 2 showing 20 in the upper surface and in the form of a groove). Regarding claim 8, the indicator is in the form of a channel or a groove formed in an lower surface of the cylindrical body (see figure 2 showing 20 in the lower surface and in the form of a groove). Regarding claim 17, the second port is diametrically opposite the first port (see figure 2, showing holes 20 diametrically opposed to each other on each side of the washer).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner. Regarding claims 9 and 10, Wagner does not disclose the specific diameter of the second port. However, the specific size/dimension of the second port is a design preference that would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention.
Allowable Subject Matter
Claims 3-6 and 11-16 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 (pending correction of the objections noted above for claims 11-16). Claims 18-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art found discloses washers that utilize holes or ports to allow a filler material to fill gaps. However, the operation of the present invention is different in that it is designed to fill a gap between the threaded fastener and a substrate, located below the washer, and therefore the feature of a first port located in the outer edge would not be an obvious modification of any prior art device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0082191 to Alshiha
US 2017/0102022 to Handa
US 4280390 to Murray
US 4230348 to Moore
The above prior art discloses various washers for fasteners.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632
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