Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-24, 26-30, 33, 35-37 and 40-41 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hewgill (US 7,128,511) in view of Nygren (US 5,746,588). Hewgill discloses a metal washer (36) comprising: an annular ring with a central hole (shown receiving the bolt shaft); a continuous pattern of radially extending teeth (46) on a first face (38) extending unbroken from an inner periphery at the central hole to an outer perimeter (as seen in Figs. 2, 8 and 9); a continuous pattern of radially extending cams (50) on a second face (40) extending unbroken from the inner periphery to the outer perimeter (also as seen in Figs. 2, 8 and 9); and a bolt (56; Fig. 9) extending through the central hole. The teeth are shown as triangular in cross section to define first and second sloped surfaces each extending at a sloped angle from the surface. Hewgill does not disclose the washer with a beveled edge and the bolt with a radius adapted for the bevel. Nygren discloses a washer (60) and a bolt (22) extending through a central hole (62) of the washer similar to Hewgill but Nygren further discloses the washer to have a beveled edge at in inner periphery and the bolt to have a radius portion on a bottom surface (36) wherein the radius portion is adapted to the bevel (Figs. 4 and 5). 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 washer and bolt of a Frieberg with a bevel and radius respectively as disclosed in Nygren to allow the bolt to fully engage with the first surface of the washer as discussed in Nygren (column 7, line 57-60).
The thickness of the washer less than 1 mm would have been obvious to one skilled in the art before the effective filing date of the claimed invention because it is well known to make washers in different dimension depending on its intended use.
Claim 42 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hewgill ‘511 in view of Nygren as applied to claim 41 and further in view of Hewgill (US 2005/0079028). Modified Hewgill ‘511 does not discuss the hardness of the washer. Hewgill ‘028 disclose a washer similar to modified Hewgill ‘511 and further discloses the hardness of the washer to be between 28-36 HRC (p.[0030]) which is inclusive of the claimed range. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to make the hardness of the washer in modified Hewgill with a hardness as disclosed in Hewgill ‘028 because Hewgill teaches it as preferred hardness in the same field of endeavor.
Response to Remarks
The amendments have overcome the objection and rejection under 112.
The examiner agrees with applicant remarks regarding the claims as amended defining over Frieberg in view of Nygren.
The examiner however does not necessarily agree with the remarks regarding the claims as amended defining over modified Oldenkott. Specifically the examiner does not agree that the washer having a hexagonal shape to match the nut is critical to Oldenkott. The washer in Oldenkott would continue to achieve it’s objectives of preventing the bolt from loosening with any perimeter shape because it is solely a function of the faces which secures the bolt. This is exemplified in the reference to Chang (US 6,776,565) where the washer can have each of a hexagonal (7) and circular (4) perimeter.
A new rejection has nonetheless been applied to address applicant’s concerns in a effort to expedite the application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wrigley (US 2,783,810), Bushyeager (US 1,162,566) and Terry (US Re.33,827) are all cited to teach other examples of continuous teeth and cams on annular washers.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, 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.
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.
/FLEMMING SAETHER/Primary Examiner, Art Unit 3675