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 .
Election/Restrictions
Claims 2-3, 5-6 and 8-14 remain in the application as withdrawn.
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.
Claims 1, 4 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lundberg (US 1,579,875). Lundberg discloses a press-fit structure and method comprising a body (1) with a pressurizing portion (6), a material storage space (2'), a restricting portion (7) and a limit stop portion formed as a flat side (10). The pressurizing and restricting portions are arc-shaped and on an opposite side from the flat limit stop portion (Fig. 5). An object (2) includes a stop portion corresponding to the limit stop portion (paragraph beginning line 91). The pressure portion is first arranged on a pressurizing portion of the object and then pressurizing the press-fit structure by an external force to cause the material of the object to flow into the storage space to restrict the object to the press-fit structure (paragraph beginning line 58). And a corner formed between the bottom of the body and the limit stop portion.
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, 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2018/0274265) in view of Ernest (US 3,770,037). Wang discloses a press-fit structure (114) and method comprising a body (116) with a pressurizing portion, a material storage space, a restricting portion and a limit stop portion formed as a flat side over a lower part of the body as defined by the pressurizing portion and restricting portion where the flat side extends over the entire lower part. The pressurizing and restricting portions are arc-shaped and on an opposite side from the flat limit stop portion. An object (a) includes a stop portion corresponding to the limit stop portion. The pressure portion is first arranged on a pressurizing portion of the object and then pressurizing the press-fit structure into the object. The object flow into the storage space is a recitation of the intended use which the structure of Wang would be capable of. See MPEP 2111.02. Additionally, Wang teaches to the object flow in another embodiment (Figs. 17 and 18) but it is unclear if the embodiment including the flat side includes the same object flow.
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Wang does not disclose the limit stop portion extending from a bottom surface of the body to form a corner therewith. Ernest discloses a press-fit structure including a planer limit stop portion (67 or 68) similar to Wang but, in Ernest the limit stop portion forms a corner with a bottom surface of the body (62).
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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 body portion of Wang circular to form a corner with the limit stop portion as disclosed in Ernest because it would yield the same results. In Wang it is not critical that the planer limit stop portion extend to the body portion because body portion is located above the surface of the object.
Conclusion
Applicant’s remarks have been considered but are moot in light of the new grounds of rejection.
The deletion of the limitation that the limit stop portion is “throughout the lower part” makes the pervious rejection over Lundberg applicable again.
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.
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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
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