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 .
Information Disclosure Statement
An information disclosure statement has not been submitted by applicant; therefore, an information disclosure statement has not been considered. For an information disclosure statement to comply with 37 CFR 1.98(a)(1), the information disclosure statement requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates that the list is an information disclosure statement. See MPEP § 609.04(a).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: “141”. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Interpretation
The applicant is reminded that claim limitations consisting of functional language and/or intended use language are given little, if any, patentable weight as the apparatus must merely be capable of functioning, or being used, as claimed. See MPEP § 2111.04 stating that claim scope may not be limited by claim language, such as “wherein” clauses, that do not limit a claim to a particular structure, and § 2114 stating that the manner of operating a device does not differentiate device claims from the prior art. Further, the applicant is reminded that the patentability of apparatus claims must depend upon structural limitations, not mere statements of functions (see Galland-Henning Manufacturing Company et al. v. Dempster Brothers, Inc., 165 USPQ 688 (E.D. Tenn. 1970)).
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 1-20 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.
Claim 1 recites the limitation “generally concentric” in Line 11. The term “generally” is a relative and/or subjective term that renders the claim indefinite since metes and bounds for the term have not been established.
Claims 2-7, which depend on Claim 1, are equally rejected.
Claim 7 recites the limitation "the back wall" in Lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation “generally cylindrical” in Lines 3 and 6. The term “generally” is a relative and/or subjective term that renders the claim indefinite since metes and bounds for the term have not been established.
Claims 9-14, which depend on Claim 8, are equally rejected.
Claim 14 recites the limitation "the back wall" in Lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation “generally concentric” in Line 11. The term “generally” is a relative and/or subjective term that renders the claim indefinite since metes and bounds for the term have not been established.
Claims 16-20, which depend on Claim 15, are equally rejected.
Claim 20 recites the limitation "the back wall" in Lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
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, 6-11, and 13-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lian et al. (US20190247913A1), hereinafter “Lian”.
Regarding Claim 1, Lian discloses a rivet tool (Fig. 1, Element 10), comprising: a housing (Fig. 1, Element 22) having a front end (see 1st annotated Fig. 2 of Lian reproduced below) and a back end (see 1st annotated Fig. 2 of Lian reproduced below); a nose piece assembly (Fig. 2, Element 82 and 66) extending from the front end of the housing (Fig. 2), the nose piece assembly including a barrel portion (Fig. 2, Element 82) and a nose piece (Fig. 2, Element 66) for receiving a rivet (¶0005; ¶0022) having a detachable rivet pin (¶0022-0023, “mandrel”), the barrel portion defining a tool axis (Fig. 2, Element 26) that extends from the front end to the back end of the housing (Fig. 2); a shaft channel (Fig. 2, Element 58) extending along the tool axis (Fig. 2) from the nose piece to a pin outlet (see 1st annotated Fig. 2 of Lian reproduced below) disposed in the back end of the housing (Fig. 2), the shaft channel configured to guide the rivet pin through the housing following separation of the rivet pin from the rivet (¶0023, Lines 11-13); and an asymmetric pin collector (Fig. 2, Element 62) coupled to the back end of the housing (Fig. 2), the asymmetric pin collector including a receiving portion (see 1st annotated Fig. 2 of Lian reproduced below) generally concentric with the tool axis (Fig. 2) for receiving the rivet pin from the pin outlet and a pin well (see 1st annotated Fig. 2 of Lian reproduced below) extending asymmetrically from the receiving portion (Fig. 2) for holding the rivet pin received by the receiving portion (¶0017, Lines 7-9).
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1st Annotated Fig. 2 of Lian
Regarding Claim 2, Lian anticipates the rivel tool according to claim 1 as explained above.
Lian further teaches wherein the asymmetric pin collector is configured to be removably attached to the housing (see 1st annotated Fig. 2 of Lian reproduced above, specifically the removing/attaching means) in a plurality of positions (at least in the orientation displayed in Fig. 2 and a 180° rotation of the asymmetric pin collector).
Regarding Claim 3, Lian anticipates the rivet tool according to claim 2 as explained above.
Lian further teaches wherein the asymmetric pin collector further comprises an attachment cap (see 1st annotated Fig. 1 of Lian reproduced below), the attachment cap having a mounting ring (see 2nd annotated Fig. 2 of Lian reproduced below) and a well wall (see 2nd annotated Fig. 2 of Lian reproduced below) extending from the mounting ring (Figs. 1 and 2).
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1st annotated Fig. 1 of Lian
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2nd annotated Fig. 2 of Lian
Regarding Claim 4, Lian anticipates the rivet tool according to claim 3 as explained above.
Lian further teaches wherein in a first position (Fig. 2) of the plurality of positions, the well wall is adjacent to a back wall (see 1st annotated Fig. 1 of Lian reproduced above) of the housing and an outline of the asymmetric pin collector is disposed fully within an outer boundary of the housing (as seen in Figs. 1-2).
Regarding Claim 6, Lian anticipates the rivet tool according to claim 4 as explained above.
Lian further teaches wherein a third position (180° rotation of the asymmetric pin collector of the orientation displayed in Fig. 2) of the plurality of positions (at least in the orientation displayed in Fig. 2 and a 180° rotation of the asymmetric pin collector), the asymmetric pin collector is coupled at one-hundred-and-eighty degrees (180°) from the first position around the tool axis.
Regarding Claim 7, Lian anticipates the rivet tool according to claim 3 as explained above.
Lian further teaches wherein the mounting ring includes a plurality of tabs (see 2nd annotated Fig. 2 of Lian reproduced above, specifically the mounting ring’s tab at both sides) configured to engage with a plurality of engaging tabs disposed in the back wall of the rivet tool (see 2nd annotated Fig. 2 of Lian reproduced above, specifically the back wall’s tab in both sides).
Regarding Claim 8, Lian discloses an asymmetric pin collector (Fig. 2, Element 62) configured to receive discarded rivet pins (¶0017; ¶0023, Lines 11-13) from a rivet tool (Fig. 2, Element 10), the asymmetric pin collector comprising: a receiving portion (see 1st annotated Fig. 2 of Lian reproduced above) having a generally cylindrical wall (see 2nd annotated Fig. 1 of Lian reproduced below), the receiving portion concentric with a tool axis (Fig. 2, Element 26) and configured to receive a rivet pin (¶0017; ¶0023, Lines 11-13, “mandrel”) from a pin outlet (see 1st annotated Fig. 2 of Lian reproduced above) of the rivet tool; and a pin well (see 1st annotated Fig. 2 of Lian reproduced above) including side walls (see 2nd annotated Fig. 1 of Lian reproduced below) extending from one side of the generally cylindrical side wall of the receiving portion (Fig. 1), the pin well configured to hold the rivet pin received by the receiving portion (¶0017, Lines 7-9).
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2nd annotated Fig. 1 of Lian
Regarding Claim 9, Lian anticipates the pin collector according to claim 8 as explained above.
Lian further teaches wherein the pin collector is configured to be removably attached to the rivet tool (see 1st annotated Fig. 2 of Lian reproduced above, specifically the removing/attaching means) in a plurality of positions (at least in the orientation displayed in Fig. 2 and a 180° rotation of the asymmetric pin collector).
Regarding Claim 10, Lian anticipates the pin collector according to claim 9 as explained above.
Lian further teaches further comprising an attachment cap (see 1st annotated Fig. 1 of Lian reproduced above), the attachment cap having a mounting ring (see 2nd annotated Fig. 2 of Lian reproduced above) and a well wall (see 2nd annotated Fig. 2 of Lian reproduced above) extending from the mounting ring (Figs. 1 and 2).
Regarding Claim 11, Lian anticipates the pin collector according to claim 10 as explained above.
Lian further teaches wherein in a first position (Fig. 2) of the plurality of positions, the well wall is adjacent to a back wall (see 1st annotated Fig. 1 of Lian reproduced above) of a housing (Fig. 1, Element 22) of the rivet tool, and an outline of the asymmetric pin collector is disposed fully within an outer boundary of the housing (as seen in Figs. 1-2).
Regarding Claim 13, Lian anticipates the pin collector according to claim 11 as explained above.
Lian further teaches wherein a third position (180° rotation of the asymmetric pin collector of the orientation displayed in Fig. 2) of the plurality of positions (at least in the orientation displayed in Fig. 2 and a 180° rotation of the asymmetric pin collector), the asymmetric pin collector is coupled at one-hundred-and-eighty degrees (180°) from the first position around the tool axis.
Regarding Claim 14, Lian anticipates the pin collector according to claim 10 as explained above.
Lian further teaches wherein the mounting ring includes a plurality of tabs (see 2nd annotated Fig. 2 of Lian reproduced above, specifically the mounting ring’s tab at both sides) configured to engage with a plurality of engaging tabs disposed in the back wall of the rivet tool (see 2nd annotated Fig. 2 of Lian reproduced above, specifically the back wall’s tab in both sides).
Regarding Claim 15, Lian discloses a rivet tool (Fig. 1, Element 10), comprising: a housing (Fig. 1, Element 22) having a front end (see 1st annotated Fig. 2 of Lian reproduced above) and a back end (see 1st annotated Fig. 2 of Lian reproduced above); a nose piece assembly (Fig. 2, Element 82 and 66) extending from the front end of the housing (Fig. 2), the nose piece assembly including a barrel portion (Fig. 2, Element 82) and a nose piece (Fig. 2, Element 66) for receiving a rivet (¶0005; ¶0022) having a detachable rivet pin (¶0022-0023, “mandrel”), the barrel portion defining a tool axis (Fig. 2, Element 26) that extends from the front end to the back end of the housing (Fig. 2); a shaft channel (Fig. 2, Element 58) extending along the tool axis (Fig. 2) from the nose piece to a pin outlet (see 1st annotated Fig. 2 of Lian reproduced above) disposed in the back end of the housing (Fig. 2), the shaft channel configured to guide the rivet pin through the housing following separation of the rivet pin from the rivet (¶0023, Lines 11-13); and an asymmetric pin collector (Fig. 2, Element 62) coupled to the back end of the housing (Fig. 2), the asymmetric pin collector including a receiving portion (see 1st annotated Fig. 2 of Lian reproduced above) generally concentric with the tool axis (Fig. 2) for receiving the rivet pin from the pin outlet and a pin well (see 1st annotated Fig. 2 of Lian reproduced above) extending asymmetrically from the receiving portion (Fig. 2) for holding the rivet pin received by the receiving portion (¶0017, Lines 7-9); wherein the asymmetric pin collector is configured to be removably attached to the housing (see 1st annotated Fig. 2 of Lian reproduced above, specifically the removing/attaching means) in a plurality of positions (at least in the orientation displayed in Fig. 2 and a 180° rotation of the asymmetric pin collector).
Regarding Claim 16, Lian anticipates the rivet tool according to claim 15 as explained above.
Lian further teaches wherein the asymmetric pin collector further comprises an attachment cap (see 1st annotated Fig. 1 of Lian reproduced above), the attachment cap having a mounting ring (see 2nd annotated Fig. 2 of Lian reproduced above) and a well wall (see 2nd annotated Fig. 2 of Lian reproduced above) extending from the mounting ring (Figs. 1 and 2).
Regarding Claim 17, Lian anticipates the rivet tool according to claim 16 as explained above.
Lian further teaches wherein in a first position (Fig. 2) of the plurality of positions, the well wall is adjacent to a back wall (see 1st annotated Fig. 1 of Lian reproduced above) of the housing and an outline of the asymmetric pin collector is disposed fully within an outer boundary of the housing (as seen in Figs. 1-2).
Regarding Claim 19, Lian anticipates the rivet tool according to claim 17 as explained above.
Lian further teaches wherein a third position (180° rotation of the asymmetric pin collector of the orientation displayed in Fig. 2) of the plurality of positions (at least in the orientation displayed in Fig. 2 and a 180° rotation of the asymmetric pin collector), the asymmetric pin collector is coupled at one-hundred-and-eighty degrees (180°) from the first position around the tool axis.
Regarding Claim 20, Lian anticipates the rivet tool according to claim 17 as explained above.
Lian further teaches wherein the mounting ring includes a plurality of tabs (see 2nd annotated Fig. 2 of Lian reproduced above, specifically the mounting ring’s tab at both sides) configured to engage with a plurality of engaging tabs disposed in the back wall of the rivet tool (see 2nd annotated Fig. 2 of Lian reproduced above, specifically the back wall’s tab in both sides).
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.
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.
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, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lian in view of Bardaré et al. (EP4230328A1), hereinafter “Bardaré”.
Regarding Claim 5, Lian anticipates the rivet tool according to claim 4 as explained above.
It is unclear if a second position of the plurality of positions disclosed by Lian comprises the asymmetric pin collector coupled at ninety degrees (90°) from the first position around the tool axis.
Nonetheless, Bardaré teaches a collector (Fig. 12, Element 110) that comprises a plurality of tabs (see annotated Fig. 12 of Bardaré reproduced below), that allows the collector to be coupled in a plurality of positions (¶0022), including a second position wherein the collector is coupled at ninety degrees (90°) from the first position around the tool axis (Fig. 10, Element 121).
Lian and Bardaré are considered analogous to the claimed invention because they are in the same field of rivet tool. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to incorporate the teachings of Bardaré into the rivet tool disclosed by Lian so that in a second position of the plurality of positions, the asymmetric pin collector is coupled at ninety degrees (90°) from the first position around the tool axis and provide the rivet tool with a plurality of protruding projections (“tabs”) and a bayonet-type attachment mechanism (¶0025).
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Annotated Fig. 12 of Bardare
Regarding Claim 12, Lian anticipates the pin collector according to claim 11 as explained above.
It is unclear if a second position of the plurality of positions disclosed by Lian comprises the asymmetric pin collector coupled at ninety degrees (90°) from the first position around the tool axis.
Nonetheless, Bardaré teaches a collector (Fig. 12, Element 110) that comprises a plurality of tabs (see annotated Fig. 12 of Bardaré reproduced above), that allows the collector to be coupled in a plurality of positions (¶0022), including a second position wherein the collector is coupled at ninety degrees (90°) from the first position around the tool axis (Fig. 10, Element 121).
Lian and Bardaré are considered analogous to the claimed invention because they are in the same field of rivet tool. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to incorporate the teachings of Bardaré into the pin collector disclosed by Lian so that in a second position of the plurality of positions, the asymmetric pin collector is coupled at ninety degrees (900) from the first position around the tool axis and provide the rivet tool with a plurality of protruding projections and a bayonet-type attachment mechanism (¶0025).
Regarding Claim 18, Lian anticipates the rivet tool according to claim 17 as explained above.
It is unclear if a second position of the plurality of positions disclosed by Lian comprises the asymmetric pin collector coupled at ninety degrees (90°) from the first position around the tool axis.
Nonetheless, Bardaré teaches a collector (Fig. 12, Element 110) that comprises a plurality of tabs (see annotated Fig. 12 of Bardaré reproduced below), that allows the collector to be coupled in a plurality of positions (¶0022), including a second position wherein the collector is coupled at ninety degrees (90°) from the first position around the tool axis (Fig. 10, Element 121).
Lian and Bardaré are considered analogous to the claimed invention because they are in the same field of rivet tool. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to incorporate the teachings of Bardaré into the rivet tool disclosed by Lian so that in a second position of the plurality of positions, the asymmetric pin collector is coupled at ninety degrees (90°) from the first position around the tool axis and provide the rivet tool with a plurality of protruding projections (“tabs”) and a bayonet-type attachment mechanism (¶0025).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US20210379646A1, US20230294162A1, US20210394254A1, US6276037B1, US6883216B2, US5500990A, US6925695B2 & DE102014221762A1 - Rivet tool with collector
US4137747A - Riveting tool with rotatable collector
Milwaukee (2017). M12 Rivet Tool Service Parts List.
Milwaukee (2023). M12 Rivet Tool Operator’s Manual.
Ace Hardware (2023). Milwaukee M12 Rivet Tool Product Overview (YouTube Video). https://www.youtube.com/watch?v=CAieg07fdls.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALONDRA MICHELLE ORTIZ-ORTIZ whose telephone number is (571)272-9539. The examiner can normally be reached M-Th 7-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.M.O./Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725
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