DETAILED ACTION
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 .
Response to Amendment
Claims 11-16 and 19-21 remain pending in the application. Applicant’s amendment to the Drawings has overcome the objection previously set forth in the Non-Final Office Action mailed December 11, 2025.
Claim Rejections - 35 USC § 103
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 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) 11-12, 14-16, 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erpenbeck et al. (US20190226507A1), hereinafter "Erpenbeck", in view of Bowling et al. (US6227782B1), hereinafter "Bowling".
Regarding claim 11, Erpenbeck teaches a system (see Fig 7) for securing a bolted joint (see Figs 7-8, Paragraph 0001, Examiner notes a device for compensating for tolerances between two components which will be connected as for securing a bolted joint), wherein the system (see Fig 7) comprises
a spring device (Fig 3, spring element 10) for securing a threaded fastener (Figs 7-8, connecting means 30) of the bolted joint (see Figs 7-8), wherein said spring device (10) comprises a ring-shaped first end portion (see Fig 3, Paragraph 0040, connecting rings 18, Examiner notes an upper portion of spring element 10 above spring arms 12 as comprises a ring-shaped first end portion), a ring-shaped second end portion (see Fig 3, Paragraph 0040, connecting rings 18, Examiner notes a lower portion of spring element 10 below spring arms 12 as a ring-shaped second end portion), and a plurality of elongate spring elements (Fig 3, spring arms 12), wherein each elongate spring element (12) is attached (see Fig 3) in a first end (see Fig 3, Paragraph 0040, end regions 14, Examiner notes upper ends of spring arms 12 as a first end) to the ring-shaped first end portion (see Fig 3) and in an opposite second end (see Fig 3, Paragraph 0040, end regions 14, Examiner notes lower ends of spring arms 12 as in an opposite second end) to the ring-shaped second end portion (see Fig 3), wherein the ring-shaped first end portion (see Fig 3), the ring-shaped second end portion (see Fig 3), and a body (see Fig 3) formed by the plurality of elongate spring elements (12) have a common centre axis (Fig 3, axis A), wherein each elongate spring element (12) comprises an inner peripheral surface (see Fig 3, Examiner notes inner surfaces of spring arms 12 as an inner peripheral surface) directed towards (see Figs 3-4 and 6) the common centre axis (A), and wherein a first portion (Fig 3, intermediate section 16) of said inner peripheral surface (see Fig 3) is closer (see Figs 3-4 and 6) to the common centre axis (A) than are other portions (see Figs 3-4, Examiner notes portions of spring arms 12 above and below intermediate section 16 as other portions) of said inner peripheral surface (see Fig 3) and closer (see Figs 3-4 and 6) to the common centre axis (A) than an inner peripheral surface (see Fig 3, Paragraph 0040, Examiner notes an inner surface of the upper and lower portions of spring element 10 above and below spring arms 12, respectively, as an inner peripheral surface) of the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3);
the threaded fastener (30) comprising a head (see Fig 7) and an elongated structure (Fig 7, shaft 32) that extends (see Fig 7) from the head (see Fig 7); and
a fastener arrangement (see Figs 7-8) comprising a hole (Fig 7, passage 26) arranged to receive (see Figs 7-8) the spring device (10) and the threaded fastener (30),
wherein the head (see Fig 7) of the threaded fastener (30) has a radius (see Fig 7, Examiner notes an outer radius of a head of connecting means 30 as has a radius) which, in an unloaded state (see Fig 7) of the spring device (10), is larger (see Fig 7) than a distance (see Fig 7, Examiner notes a distance between intermediate section 16 and axis A as a distance) from the first portion (16) of the inner peripheral surface (see Fig 3) of each elongate spring element (12) to the common centre axis (A) of the spring device (10) and an outer radius (see Fig 3, Examiner notes an outer radius of the upper and lower portions of spring element 10 above and below spring arms 12, respectively, as an outer radius) of the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3) of the spring device (10) corresponds (see Figs 7-8) to an inner radius (see Figs 7-8, Examiner notes an inner radius of passage 26 as an inner radius) of said hole (26) and a centre axis (see Fig 7, Examiner notes a longitudinal axis of passage 26 as a centre axis) of said hole (26) is in alignment (see Figs 7-8) with the common centre axis (A) of the spring device (10) when the spring device (10) is received (see Figs 7-8) in the hole (26),
wherein the spring device (10) encloses (see Figs 7-8) the threaded fastener (30), and wherein the inner peripheral surface (see Fig 3) of each elongate spring element (12) exerts a friction force (Paragraph 0046, Examiner notes spring arms 12 are pressed by the shaft 32 of the connecting means 30 radially outward as exerts a friction force) against the threaded fastener (30) to keep the threaded fastener (30) from rotating relative (Paragraph 0043, Examiner notes a rotational movement of the connecting means 30 can be reliably transmitted to the compensating element 28 as rotating relative) the spring device (10) and the fastener arrangement (see Figs 7-8).
Erpenbeck fails to teach a fastener arrangement comprising a hole arranged to receive the head of the threaded fastener, wherein the spring device encloses the head of the threaded fastener, and wherein the inner peripheral surface of each elongate spring element exerts a friction force against the head of the threaded fastener to keep the head of the threaded fastener from rotating relative the spring device and the fastener arrangement.
However, Bowling teaches it is known to provide wherein the spring device (Fig 13, element 12) encloses (see Fig 13, Col 12, lines 34-35, Bowling indicates locking element mounted on the head of the screw fastener) the head (see Fig 13, Col 12, lines 34-35, Bowling indicates the head) of the threaded fastener (Fig 13, fastener 22).
Therefore, as evidenced by Bowling, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange an adequately sized and shaped spring device of Erpenbeck to enclose the head of an adequately sized and shaped threaded fastener as taught by Bowling. Further, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have rearranged the spring device such that the spring device encloses the head of the threaded fastener, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI)(C). The rationale for supporting this conclusion of obviousness is to provide a device based on application and use requirements, e.g. packaging, aesthetics, etc.
Accordingly, modified Erpenbeck teaches a fastener arrangement (see Figs 7-8) comprising a hole (26) arranged to receive (see Figs 7-8) the head (see Fig 7) of the threaded fastener (30), wherein the spring device (10) encloses (see Figs 7-8; Bowling, see Fig 13) the head (see Fig 7) of the threaded fastener (30), and wherein the inner peripheral surface (see Fig 3) of each elongate spring element (12) exerts a friction force (Paragraph 0046; Bowling, see Fig 13) against the head (see Fig 7) of the threaded fastener (30) to keep the head (see Fig 7) of the threaded fastener (30) from rotating relative (Paragraph 0043; Bowling, see Fig 13) the spring device (10) and the fastener arrangement (see Figs 7-8).
Regarding claim 12, modified Erpenbeck teaches the system (see Fig 7) according to claim 11 and further teaches wherein the fastener arrangement (see Figs 7-8) comprises a sleeve (Fig 7, compensating element 28) defining said hole (26).
Regarding claim 14, modified Erpenbeck teaches the system (see Fig 7) according to claim 11 and further teaches wherein the ring-shaped first end portion (see Fig 3) is in alignment (see Fig 3) with the ring-shaped second end portion (see Fig 3).
Regarding claim 15, modified Erpenbeck teaches the system (see Fig 7) according to claim 14 and further teaches wherein the ring-shaped first end portion (see Fig 3) forms a first end portion (see Fig 3, Examiner notes the upper portion of spring element 10 above spring arms 12 as forms a first end portion) of the spring device (10), and the ring-shaped second end portion (see Fig 3) forms a second end portion (see Fig 3, Examiner notes the lower portion of spring element 10 below spring arms 12 as forms a second end portion) of the spring device (10).
Regarding claim 16, modified Erpenbeck teaches the system (see Fig 7) according to claim 14 and further teaches wherein said first portion (16) of the inner peripheral surface (see Fig 3) of the elongate spring element (12) is a central portion (see Figs 3-4, Examiner notes intermediate section 16 as a central portion) of the elongate spring element (12) in a direction (see Figs 3-4) of the common centre axis (A) of the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3), and wherein said other portions (see Figs 3-4) are respective neighboring portions on each opposite side (see Figs 3-4, Examiner notes the portions of spring arms 12 above and below intermediate section 16 as are respective neighboring portions on each opposite side) of the first portion (16), wherein said other portions (see Figs 3-4) extend from (see Figs 3-4) the first portion (16) to the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3) respectively.
Regarding claim 19, modified Erpenbeck teaches the system (see Fig 7) according to claim 11 and further teaches wherein each elongate spring element (12) is able to deform elastically (capable of deforming elastically, i.e. this is a functional recitation; see Figs 7-8) from the unloaded state (see Fig 7) in which said first portion (16) of the inner peripheral surface (see Fig 3) of the elongate spring element (12) is closer (see Fig 7) to the common centre axis (A) than are the other portions (see Figs 3-4) of the inner peripheral surface (see Fig 3) of the elongate spring element (12) to a deformed state (see Fig 8) in which said first portion (16) of the inner peripheral surface (see Fig 3) of the elongate spring element (12) is in alignment (see Fig 8) with the other portions (see Figs 3-4) of the inner peripheral surface (see Fig 3) of the elongate spring element (12).
Regarding claim 21, modified Erpenbeck teaches the system (see Fig 7) according to claim 11 and further teaches wherein the outer radius (see Fig 3) of the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3) are equal (see Fig 3) and define a maximum outer radius (see Figs 3-4 and 6) of the spring device (10).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erpenbeck, in view of Bowling and Wernhardt et al. (DE972006C), hereinafter "Wernhardt".
Regarding claim 13, modified Erpenbeck teaches the system (see Fig 7) according to claim 11 and further teaches wherein the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3) of the spring device (10) comprises a slit (Fig 3, slot 20) extending (see Fig 3) through the ring-shaped first end portion (see Fig 3) and the ring-shaped second end portion (see Fig 3) but fails to teach the fastener arrangement comprises a projection at an inlet to said hole, said projection having a distance to the centre axis of the hole which is less than the outer radius of the ring-shaped first end portion and the ring-shaped second end portion of the spring device when the spring device is in a non-compressed state in which the slit is open, and the distance to the centre axis of the hole is larger than the outer radius of the ring-shaped first end portion and the ring-shaped second end portion of the spring device when the spring device is in a compressed state in which the slit is closed.
However, Wernhardt teaches the fastener arrangement (see Fig 2) comprises a projection (see Fig 2, Pg 2, lines 39-46, Examiner notes the countersunk hole is enlarged in diameter at the lower end to accommodate the locking sleeve as comprises a projection) at an inlet (see Fig 2) to said hole (see Fig 2, Pg 2, lines 39-46, Wernhardt indicates a countersunk hole), said projection (see Fig 2) having a distance (see Fig 2) to the centre axis (see Fig 2, Examiner notes a center axis of the countersunk hole accommodating the locking sleeve C2 as the centre axis) of the hole (see Fig 2) which is less (see Fig 2) than the outer radius (see Figs 2 and 4, Examiner notes an outer radius of locking sleeve C2 as the outer radius) of the ring-shaped first end portion (see Figs 2 and 4, Examiner notes an upper portion of locking sleeve C2 as the ring-shaped first end portion) and the ring-shaped second end portion (see Figs 2 and 4, Examiner notes a lower portion of locking sleeve C2 as the ring-shaped second end portion) of the spring device (Fig 2, locking sleeve C2) when the spring device (C2) is in a non-compressed state (see Figs 2 and 4) in which the slit (see Figs 2 and 4, Examiner notes a slit extending diagonally through locking sleeve C2 as the slit) is open (see Figs 2 and 4), and the distance (see Fig 2) to the centre axis (see Fig 2) of the hole (see Fig 2) is larger than the outer radius (see Figs 2 and 4) of the ring-shaped first end portion (see Figs 2 and 4) and the ring-shaped second end portion (see Figs 2 and 4) of the spring device (C2) when the spring device (C2) is in a compressed state in which the slit (see Figs 2 and 4) is closed (see Fig 2, Examiner notes a width of the slit appears to be more than a width of the projections above locking sleeve C2 as the distance to the centre axis of the hole is larger than the outer radius of the ring-shaped first end portion and the ring-shaped second end portion of the spring device when the spring device is in a compressed state in which the slit is closed).
Therefore, as evidenced by Wernhardt, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped projection as taught by Wernhardt to modified Erpenbeck. The rationale for supporting this conclusion of obviousness is to mitigate inadvertent removal of the spring element.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erpenbeck, in view of Bowling and Yu (CN106837982A), hereinafter "Yu".
Regarding claim 20, modified Erpenbeck teaches the system (see Fig 7) according to claim 11 and further teaches wherein the spring device (10) comprises a first material defining a core (Paragraph 0047, Examiner notes spring steel as comprises a first material defining a core) of each elongate spring element (12) but fails to teach a layer of a second material applied on said first portion of the inner peripheral surface of the elongate spring element, wherein the first material has a higher spring constant than the second material and the second material has a higher friction coefficient than the first material.
However, Yu in Paragraph 0015, indicates it is known in the art to apply a layer, i.e. spraying, of a second material, i.e. rubber and plastics materials, to commonly used standard metal fasteners to provide a high coefficient of friction to a fastener working surface to improve the anti-loosening function. Thus, Yu teaches a layer (Paragraph 0015) of a second material (Paragraph 0015, Yu indicates rubber and plastic materials) applied (Paragraph 0015) on said first portion of the inner peripheral surface of the elongate spring element (Paragraph 0015, Yu indicates spraying on the surface of metal parts), wherein the first material has a higher spring constant (Paragraph 0015, Examiner notes metal as the first material has a higher spring constant) than the second material (Paragraph 0015) and the second material (Paragraph 0015) has a higher friction coefficient (Paragraph 0015, Examiner notes spraying rubber and plastic materials with a high coefficient of friction as has a higher friction coefficient) than the first material (Paragraph 0015).
Therefore, as evidenced by Yu, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine a layer of a second material as taught by Yu to said first portion of the inner peripheral surface of the elongate spring element of modified Erpenbeck. The rationale for supporting this conclusion of obviousness is to ensure rotational movement to the spring element is transmitted by the connecting means.
Response to Arguments
Applicant's arguments filed March 4, 2026 have been fully considered but they are not persuasive. With respect to claim 11 on Pgs 5-8 of Applicant’s Remarks filed March 4, 2026, Applicant argues that the locking element 12 of Bowling is structurally and functionally different from the spring device of claim 11. Specifically, Applicant argues that the flexible fingers 19 of the locking element 12 cannot be compared to the spring elements of the spring device of claim 11 and the locking element 12 (especially, the fingers 19) cannot exert friction force against the head of the threaded fastener in a manner similar to the friction force as being exerted by the inner peripheral surface of each spring element of the spring device as recited in claim 11. The Examiner respectfully disagrees and notes that the combination of Erpenbeck, in view of Bowling, i.e. rearranging an adequately sized and shaped spring device of Erpenbeck to enclose the head of an adequately sized and shaped threaded fastener as taught by Bowling, as set forth in the Non-Final Office Action mailed December 11, 2025, teaches the claim recitations as set forth in claim 11.
Further, in response to Applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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