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 § 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 1-8 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.
The scope of claim 1 cannot be determined because the format of “and” and “or” in the claim create ambiguity. The claim recites 5 sub-sections, where the first subsection is joined to the second using “and”, the second is joined to the third using “or”, and there are no further conjunctions joining the third, fourth and fifth subsections. (Contrast with claim 2, which requires the conjunctive “and” after each subsection.) Does the disjunctive “or” apply to each of the 2nd through 5th subsections, or only to the 2nd and 3rd? If only to the 2nd and 3rd, and further assuming the 3rd to 5th should be read to include a conjunctive “and” conjunction, should the disjunctive “or” conjunction be interpreted to lump the 3rd through 5th together, such that only the 2nd or the 3-5th are required?
Further regarding claim 1, the 5th subsection “the center portion of the washer body has the elasticity displaced to the mounting surface side is possessed” is not understood, particularly the phrase “is possessed”.
Claim 2 recites “the recess inner periphery surface” for which there is insufficient antecedent basis.
Claim 2 recites “the vicinity of the center hole” for which there is insufficient antecedent basis.
Claim 2 recites “the peripheral line”, for which there is insufficient antecedent basis.
Claim 3 refers to “the mounting surfaces”, whereas only a single mounting surface was previously introduced. Is there more than one mounting surface?
Claim 4 recites “the annular protrusion”, for which there is insufficient antecedent basis in the claims.
In claims 5 and 6, the phrase “wherein on the side of the nut of the washer body or on the side of the bolt head, at least on the right and left side” is unclear. Are the right and left sides also on a single side of the nut? Are there more sides than a right and left side?
Claim 5 recites “the side protrusion”, for which there is insufficient antecedent basis in the claims.
Claim 6 recites “the side protrusion”, for which there is insufficient antecedent basis in the claims.
Claim 6 refers back to “the side protrusions”. Are there more than one side protrusion?
The term “a little large” in claim 6 is a relative term which renders the claim indefinite. The term “a little” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 8 lacks a transitional phrase, and as such it cannot be determined whether any elements are even required in a body of 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 as understood is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by JP 53-023862 U (copy and translation provided by Applicant), which discloses:
1. A polygonal washer (1) in which it is fitted between a mounting surface of an object to be attached and a nut or a bolt head (the mounting surface of an object to be attached, and the nut or bolt head are introduced as intended for use with the washer in the preamble, and are therefore given limited patentable weight), comprising:
a washer body (1) has polygonal (square) form seen from an orthogonal direction, which is orthogonal to the nut or the bolt head side, and a central recess (the curved undersurface, see FIG 3; analogous to Applicant’s central recess 1Aa of FIG 2b) is formed on the mounting surface side, and
the configuration of the central recess is equal to the configuration of the nut or the bolt head (this further defines the intended-use nut/bolt head, which does not operate to transform the nut/bolt head into a positive recitation, and this limitation is therefore met in that the prior art washer is capable of use with such a nut/bolt head), or
the configuration of the central recess is formed more greatly than the configuration of the nut or the bolt head (this further defines the intended-use nut/bolt head, which does not operate to transform the nut/bolt head into a positive recitation, and this limitation is therefore met in that the prior art washer is capable of use with such a nut/bolt head),
when the washer body is tightened with the nut or the bolt (it is capable of being tightened),
the center portion of the washer body has the elasticity displaced to the mounting surface side is possessed (the prior art washer is capable of flexing when pushed downward against a mounting surface).
2. The polygonal washer according to Claim 1 wherein
in the central recess, the recess inner periphery surface is formed like the curve surface that extends from the vicinity of the center hole of the washer body toward the peripheral line (as understood, the underside of the washer is curved similar to Applicant’s), and
the washer body, in the state of installed, before the washer body is tightened with the nut or the bolt, the mounting surface comes in contact with the point of each corner of the washer body (inherently, as they project further along the axis), and
when the washer body is tightened, the vertex of the corner is embedded on the mounting surface (inherently), and
the center portion of the washer body is elastically deformed to the mounting surface side (with tightening, due to the flexibility of the material from which the washer is made, the central portion of the washer will flex downward).
3. The polygonal washer according to Claim 2 wherein
a peripheral edge between each corner of the washer body is formed as clearance (as can be seen in FIGS 1-3, the peripheral edges between the four corners arch up and away from a surface below the washer, to which surface the washer could be tightened),
in which in the state of being installed, before it is tightened with the nut or the bolt, in which the space is formed between the mounting surfaces (as can be seen in FIGS 1-3, the peripheral edges between the four corners arch up and away from a surface below the washer, to which surface the washer could be tightened).
Claim(s) 1 and 4-8 as understood is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by JP 10-311324 A (copy and translation provided by Applicant), which discloses:
1. A polygonal washer (10) in which it is fitted between a mounting surface of an object to be attached (such as 15) and a nut or a bolt head (17; alternatively the mounting surface of an object to be attached, and the nut or bolt head are introduced as intended for use with the washer in the preamble, and are therefore given limited patentable weight), comprising:
a washer body (10) has polygonal (square) form seen from an orthogonal direction, which is orthogonal to the nut or the bolt head side, and a central recess (the curved undersurface, see FIGS 1, 3, 5; analogous to Applicant’s central recess 1Aa of FIG 2b) is formed on the mounting surface side, and
the configuration of the central recess is equal to the configuration of the nut or the bolt head (they operate together, see FIG 3; alternatively this further defines the intended-use nut/bolt head, which does not operate to transform the nut/bolt head into a positive recitation, and this limitation is therefore met in that the prior art washer is capable of use with such a nut/bolt head), or
the configuration of the central recess is formed more greatly than the configuration of the nut or the bolt head (see FIG 3; alternatively this further defines the intended-use nut/bolt head, which does not operate to transform the nut/bolt head into a positive recitation, and this limitation is therefore met in that the prior art washer is capable of use with such a nut/bolt head),
when the washer body is tightened with the nut or the bolt (it is capable of being tightened),
the center portion of the washer body has the elasticity displaced to the mounting surface side is possessed (the prior art washer is capable of flexing when pushed downward against a mounting surface).
4. The polygonal washer according to Claim 1 wherein on the side of the nut of the washer body or on the side of the head side of the bolt (i.e., on the top of the washer), the annular protrusion (14) is formed, and the configuration of the annular protrusion is equal to the configuration of the nut or the bolt head, or the configuration of the annular protrusion is small from configuration of the nut or bolt head (as seen in FIG 3).
5. The polygonal washer according to Claim 1 wherein on the side of the nut of the washer body or on the side of the bolt head, at least on the right and left side, the side protrusion (14) is provided, and the side surface on a center side of the side protrusion is a surface that regulates the rotation of the nut or the bolt (the top cusps of 14 engage the nut/head of the bolt).
6 The polygonal washer according to Claim 1 wherein on the nut of the washer body or on the bolt head side, the side protrusion is provided to the right and left side (e.g., see FIGS 1, 4, 6), and between the side protrusions, a straight groove is formed, and the width of the groove is the same as the width of the nut or the bolt head or it is a little large (the vertical walls which define the outer edges of 14 are the same width as the nut/bolt head, see FIG 3).
7. The polygonal washer according to Claim 5 wherein the side protrusion is formed as that the upper surface thereof is formed to lower gradually toward counterclockwise in its height (see FIG 1, the outer vertical walls of 14 lower gradually in a counter-clockwise direction).
8. A fastening structure, in which a polygonal washer (10) is disposed between a mounting surface of an object (15) to be attached and a nut or a bolt head (17), the polygonal washer being the polygonal washer according to Claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2,850,937 discloses another square washer with a concave shape.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/ Primary Examiner, Art Unit 3753
8/25/26
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