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 .
Specification
The disclosure is objected to because of the following informalities: In the specification and title it is unnecessary to employ the what applicant is calling the invention “ONE SHOT2” because it is non-descriptive and not a recognized term in the art; also it is unclear if it is a trademark as a capitalization would indicate. The last paragraph of the under the heading “Brief Description of the Drawings” should be instead included under the heading “Detailed Description of the Invention” because it is describing the invention.
Appropriate correction is required. The applicant may review some of the references cited with this Office Action for some additional guidance. However, the applicant is cautioned that the specification can only be clarified, there can be no new subject matter added.
Drawings
The drawings are objected to because of the following informalities. Each labeled figure ie. “Fig. 1”, “Fig. 2” and “Fig. 3” should each denote a single view. So for example the head included in Fig. 1 may be labeled Fig. 1A. Figure 3 does not correspond to its’ description because the concrete is not shown. Additionally in Fig.3, it is improper to have the reference numerals pointing to separate views and the view on the right hand side appears to be identical to Fig. 1 and therefore seems unnecessary. Also in regards to claim 3, the cross-section line for where the cross-section is taken should be indicated with roman numerals III-III. In Fig. 4 there should not be any writing, there should instead be reference numerals which are described in the Detailed Description.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the graduated pitch and the micro-threads (claim 1); and the larger flange (claim 4) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Again applicant can review the cited reference for the proper form required of the drawings. The drawing standards are covered under 37 C.F.R. 1.84 which can be found in MPEP 608.84.
Claim Objections
The claims are objected to because of the following informalities: at the top of the claims page the reference to FIG. 4 and again the “ONE-SHOT2” is unnecessary; the heading should simply be --Claims--. In claims 1 and 9, the identifiers “(Independent)” and “(Updated)” are incorrect and should be deleted. In claim 1, paragraph (d), “the length” should be --a length-- because this is its’ first introduction. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. In claim 1, both the graduated pitch external thread and the micro-threads are unclear. Both are not recognized terms in the art and are not defined in detailed description. Additionally, there is nothing seen in the figures which would seem to equate to either. Claims 2-9 are included in the rejection due to their dependence from claim 1. The claims were examined as best understood.
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 1-9 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. In claim 9, paragraph (a), “optionally” is indefinite because if is unclear if star-shaped recess is intended to be claimed. It should either be positively recited or deleted where it then can be introduced in a dependent claim. In claim 1, paragraph (b), the “washer-style” limitation is indefinite because it is unclear what would be inclusive of a washer-style. In claim 1, paragraph (c), it is unclear what differentiates the “external threads”, “micro-threads” and “primary threads”. And again, claims 2-9 are included in the rejection due to their dependence from claim 1 and the claims were examined as best understood.
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.
Claims 1, 3, and 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Pearce (US 2015/0316088) in view of Miyanaga (US 6,817,429), Wieder (US 5,190,426) and Illgner (US 2010/0251661).
Pearce discloses self-drilling concrete screw (10) comprising: a screw body having a hexagonal drive head with a “washer-style” flange to distribute loads over a wider area (26); a shaft (20) with primary threads (22), micro-threads (24) for supplemental gripping, and a pair of dust-clearing flutes (28) for channeling concrete dust extending at least a third of the length of the shaft; and a drilling tip (14). The screw can be sized within the claimed range (p.[0028]).
Pearce does not disclose the drilling tip formed of a three-wing carbide tri-tip geometry. Miyanaga discloses a drilling tip for concrete formed of a three equidistantly spaced wing carbide tri-tip geometry (4) with a centering point (10) extending beyond the wings. Before the effective filing date of claimed invention it would have been obvious for one of ordinary skill in the art to replace the drilling tip of Pearce with one as disclosed in Miyanaga in order to improve the centering and the roundness of the hole as discussed in Miyanaga which would be important for a self-tapping the screw.
Pearce in view of Miyanaga does not appear disclose anything that may be considered a graduated pitch external threads. Weider disclose a concrete anchor screw including a threaded shaft with a graduated pitch external thread (P1, P2). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the threaded shaft of modified Pearce with a graduated pitch external shaft as disclosed in Wider in order to improve the stability of the screw as discussed in Wieder.
Pearce in view of Miyanaga and Weider does not disclose the screw zinc-coating. Illgner discloses a screw with a corrosion resistant zinc flake coating (p.[0062]) which inherently could be used in exterior and marine environments. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the screw of modified Pearce with a corrosion resistant zinc flake coating as disclosed in Illgner for protecting the screw from corrosion.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Pearce in view of Miyanaga, Wieder, and Illgner as applied to claim 1 above, and further in view of Priess (US 11,293,473). Modified Pearce does not disclose the head including a Torx drive. Priess discloses a screw with a head having a Torx drive as an alternative to slot (column 2, lines 66-67). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to replace the slot in the head of modified Pearce with a Torx drive as disclosed in Priess because Priess teaches them as alternatives yielding the same results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Williams (US 4,034,641), Park (US 9,322,422), Devine (US 6,250,866), Chang (US 2008/0124188) and Toback (US 7,070,376) are cited to teach other examples of self-drilling concrete screws. Hettich (US 9,151,314), Laverty (US 3,861,269), Huang (US 9,249,822), Factor (US 2,419,555) and Suzuki (US 5,569,009) are cited to teach what may be considered “graduated pitch external threads”. Chao (US 2018/0209466) is cited to teach other flute configurations. Gillis (US 8,266,779) is cited to teach a concrete fastener with various drill tips.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675