DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 19/125,876.
Claims 1-11 are pending.
Claims 1-11 are examined.
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 5 and 10 are objected to because of the following informalities: claim 5 defines “the tap center axis direction” which instead should define --a tap center axis direction-- to properly introduce such a limitation; claim 10 should define --a cross-sectional shape in a direction parallel to a tap center axis direction of a screw thread provided by a groove portion located in a tap tip direction of the tapered thread portion is substantially the same as a cross-sectional shape in a direction parallel to the tap center axis direction of a screw thread provided at the internal thread engagement portion-- to properly introduce or refer back to the limitations previously defined or not previously introduced within the claims from which claim 10 depends from. Appropriate correction is required.
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) 1-3 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Savoji (U.S. Patent 6,158,938).
Regarding claim 1, Savoji discloses a foreign matter removing tap (#10) for removing foreign matter adhering to a surface of an internal thread (see figure 3, where the tap #10 is configured to remove foreign matter when threaded into internal thread #60), the foreign matter removing tap comprising: a tapered thread portion (#32; see col. 3, ll. 62-67); and an internal thread engagement portion (#34), wherein the tapered thread portion partially or entirely has a spiral groove portion (see figures 1 and 2, where a partial or entire spiral groove can be provided for such a tapered portion #32).
Regarding claim 2, Savoji discloses the tapered thread portion has a taper angle of 2 to 75 degrees (col. 4, ll. 5-8 disclose a range of 10 to 18 degrees for the taper, which overlaps and thus anticipates the range as defined).
Regarding claim 3, Savoji discloses the tapered thread portion has a taper angle of 6 to 30 degrees (col. 4, ll. 5-8 disclose a range of 10 to 18 degrees for the taper, which overlaps and thus anticipates the range as defined).
Regarding claim 9, Savoji discloses a cross-sectional shape in a direction parallel to the tap center axis (#22) of a screw thread provided by the groove portion located in a tap tip direction of the tapered thread portion is an approximate triangle (see figure 1, where the tapered thread portion #32 comprises an approximate triangle cross section with a 60 degree apex at the top thereof).
Regarding claim 10, Savoji discloses the cross-sectional shape in the direction parallel to the tap center axis (#22) of the screw thread provided by the groove portion located in the tap tip direction of the tapered thread portion is substantially same as a cross-sectional shape in a direction parallel to a tap center axis direction of a screw thread provided at the internal thread engagement portion (see figures 1 and 4, where the tapered thread portion #32 comprises an approximate triangle cross section with a 60 degree apex at the top thereof, which is the same triangular shape as the internal thread portion #34).
Regarding claim 11, Savoji discloses a tip guide portion (#24) having a partially or entirely tapered shape (see figure 1, where the tip guide portion is partially tapered at #40 and at #28), wherein the tapered thread portion has one end connected to the tip guide portion (the right end of the tapered thread portion is connected to the tip guide portion of figure 1) and an other end connected to the internal thread engagement portion (see figure 1, where the left second end of the tapered thread portion is connected to the internal thread portion #34).
Claim Rejections - 35 USC § 102/103
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) 4-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Savoji or, in the alternative, under 35 U.S.C. 103 as obvious over Savoji.
Regarding claim 4, Savoji discloses a length of the internal thread engagement portion in a tap center axis direction is .1 to 10.0 with respect to a root diameter of the internal thread (such an internal thread is not positively defined, where the invention of Savoji as depicted in figure 1 is configured to be used with an internal thread with dimensions that fulfill such a range and thus anticipates such limitations as broadly defined). However, for compact prosecution purposes, Savoji discloses the tapered portion #32 can have an axial length between 3 and 4 pitches of the screw thread (see col. 3, ll. 64-66), with the internal thread engagement portion comprising between 6 and 7 pitches, as depicted in the figures, but does not specifically disclose the root diameter of the internal thread or pitch size/length for such an internal thread engagement portion to meet the ratio as defined. However, M6, and other standard screw sizes, are commonly used in the art, where such M6 screws are formed so as to have a maximum external thread diameter of 6 mm (and thus a 6 mm root diameter for the internal thread that is to mate with the M6 screw) with a thread pitch of 1.0 mm, and a minimum diameter of 4.917 mm for the internal threads which the M6 screw is to mate, where such M6 screws can come in lengths ranging from 10mm to 100mm. Thus, it would have been obvious before the effective filing date of the claimed invention to have constructed the threads of Savoji to meet M6 screw standards in order to form a connection with the necessary connection strength as needed by the end user. When such threads of Savoji are formed to be secured to an M6 screw hole, the internal thread engaged portion #34 would be between 6 and 7 mm and thus between 1 and 1.17 relative to the minor/root diameter of the internal thread and thus falls within the .1 to 10 range as presently defined. Alternatively, one of ordinary skill in the art would choose the length of such an internal thread engagement portion based on the size of the internal thread to be engaged by such a portion and the strength of the connection required, where it would have been obvious before the effective filing date of the claimed invention to have constructed the length of the internal thread engagement portion to fall within the range relative to the root diameter of the internal thread as defined in order to provide an appropriately strong connection and also since where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 5, Savoji discloses a length of the internal thread engagement portion in a tap center axis direction is .3 to 1.5 with respect to a root diameter of the internal thread (such an internal thread is not positively defined, where the invention of Savoji as depicted in figure 1 is configured to be used with an internal thread with dimensions that fulfill such a range and thus anticipates such limitations as broadly defined). However, for compact prosecution purposes, Savoji discloses the tapered portion #32 can have an axial length between 3 and 4 pitches of the screw thread (see col. 3, ll. 64-66), with the internal thread engagement portion comprising between 6 and 7 pitches, as depicted in the figures, but does not specifically disclose the root diameter of the internal thread or pitch size/length for such an internal thread engagement portion to meet the ratio as defined. However, M6, and other standard screw sizes, are commonly used in the art, where such M6 screws are formed so as to have a maximum external thread diameter of 6 mm (and thus a 6 mm root diameter for the internal thread that is to mate with the M6 screw) with a thread pitch of 1.0 mm, and a minimum diameter of 4.917 mm for the internal threads which the M6 screw is to mate, where such M6 screws can come in lengths ranging from 10mm to 100mm. Thus, it would have been obvious before the effective filing date of the claimed invention to have constructed the threads of Savoji to meet M6 screw standards in order to form a connection with the necessary connection strength as needed by the end user. When such threads of Savoji are formed to be secured to an M6 screw hole, the internal thread engaged portion #34 would be between 6 and 7 mm and thus between 1 and 1.17 relative to the minor/root diameter of the internal thread and thus falls within the .3 to 1,50 range as presently defined. Alternatively, one of ordinary skill in the art would choose the length of such an internal thread engagement portion based on the size of the internal thread to be engaged by such a portion and the strength of the connection required, where it would have been obvious before the effective filing date of the claimed invention to have constructed the length of the internal thread engagement portion to fall within the range relative to the root diameter of the internal thread as defined in order to provide an appropriately strong connection and also since where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 6, Savoji discloses a crest diameter of a thread of the internal thread engagement portion is 0.8 to 1.00 with respect to a root diameter of the internal thread (such an internal thread is not positively defined, where the invention of figure 1 of Savoji comprises of dimensions which are configured to be used with an internal thread with a root diameter that fulfills the range as defined and thus meets such limitations as broadly defined.). However, for compact prosecution purposes, close-fit tolerances between a threaded shaft and a threaded hole is commonly known in the art to be 1:1 when measuring maximum diameter of the external thread and the root diameter of the internal thread. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the crest diameter of the internal thread engagement portion to be 1:1 relative to the root diameter of the internal thread it is to engage in order to provide a close fit tolerance between such elements during use.
Regarding claim 7, Savoji discloses a crest diameter of a thread of the internal thread engagement portion is 0.9 to 1.00 with respect to a root diameter of the internal thread (such an internal thread is not positively defined, where the invention of figure 1 of Savoji comprises of dimensions which are configured to be used with an internal thread with a root diameter that fulfills the range as defined and thus meets such limitations as broadly defined.). However, for compact prosecution purposes, close-fit tolerances between a threaded shaft and a threaded hole is commonly known in the art to be 1:1 when measuring maximum diameter of the external thread and the root diameter of the internal thread. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the crest diameter of the internal thread engagement portion to be 1:1 relative to the root diameter of the internal thread it is to engage in order to provide a close fit tolerance between such elements during use.
Regarding claim 8, Savoji discloses a crest diameter of a thread of the internal thread engagement portion is 1.00 with respect to a root diameter of the internal thread (such an internal thread is not positively defined, where the invention of figure 1 of Savoji comprises of dimensions which are configured to be used with an internal thread with a root diameter that fulfills the range as defined and thus meets such limitations as broadly defined.). However, for compact prosecution purposes, close-fit tolerances between a threaded shaft and a threaded hole is commonly known in the art to be 1:1 when measuring maximum diameter of the external thread and the root diameter of the internal thread. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the crest diameter of the internal thread engagement portion to be 1:1 relative to the root diameter of the internal thread it is to engage in order to provide a close fit tolerance between such elements during use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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, Brian D Mattei can be reached at (571) 270-3238. 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.
/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635