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 1-3, 5-7, and 11-13 have been amended. Claims 4 and 8-9 have been cancelled. Therefore, claims 1-3, 5-7, and 11-13 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection and 112(d) rejection previously set forth in the Non-Final Office Action mailed January 23, 2026.
Claim Objections
Claim 11 is objected to because of the following informalities:
In claim 11, lines 3-4, “a carrier region” should read “the carrier region”
Appropriate correction is required.
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) 1-3, 5-7, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Genick, II (US20040090030A1), hereinafter "Genick", in view of Gan et al (US20160059653A1), hereinafter "Gan".
Regarding claim 1, Genick teaches a fastening element (see Fig 1, Paragraph 0019, Examiner notes threaded bolt 12 as a fastening element) comprising:
a screw element (Fig 1, threaded bolt 12),
wherein the screw element (12) extends (see Fig 1) in a longitudinal direction (see Fig 1, Examiner notes a longitudinal direction of bolt 12 as a longitudinal direction),
wherein the screw element (12) has a threaded portion (Fig 1, threaded portion 50), a head (Fig 1, head 20), a groove (Fig 1, channels 56), and a carrier region (Fig 1, shoulder portion 52),
wherein the groove (56) extends (see Fig 1) in the longitudinal direction (see Fig 1),
wherein the groove (56) has a head end portion (see Fig 1, Examiner notes portions of channels 56 adjacent head 20 as has a head end portion) and a distal end portion (see Fig 1, Examiner notes portions of channels 56 distal head 20 as a distal end portion),
wherein a length (see Fig 1) in the longitudinal direction (see Fig 1) between the head end portion (see Fig 1) and the head (20) is less (see Fig 1) than a length (see Fig 1) in the longitudinal direction (see Fig 1) between the head (20) and the threaded portion (50),
wherein the groove (56) extends (see Fig 1) at least partially (see Fig 1) through the threaded portion (50),
wherein the screw element (12) has a strength class of more than 10.9 or equal to 10.9 (Paragraph 0026, Genick indicates the bolt will have a bolt strength class rating of 8.8 to 10.9 and greater),
wherein the groove (56) has a rounded base (Fig 7, inner radius R, Paragraph 0026) and/or rounded side portions in a sectional plane (see Fig 7, Paragraph 0026) having a normal parallel (see Figs 1 and 7, Paragraph 0026) to the longitudinal direction (see Fig 1),
wherein a ratio (Paragraphs 0026-0027, Genick indicates ratios) of a rounding radius (see Fig 7, Paragraph 0026, Examiner notes inner radius R as a rounding radius) of the rounded base (R) and/or rounded side portions of the groove (56) to a diameter (Fig 7, diameter 58, Paragraph 0026) of the threaded portion (50) lies in a range of 0.1 to 0.5 (see Fig 7, Paragraph 0026, Genick indicates diameter 58 of between 13.75 and 14 mm and each channel has an inner radius R of about 2.0 mm, therefore, Genick teaches a range of 0.143-0.145),
wherein the groove (56) is **embossed and/or rolled**,
wherein the head end portion (see Fig 1) of the groove (56) lies between (see Figs 5-6) the threaded portion (50) and the carrier region (52) in the longitudinal direction (see Fig 1), and
wherein the head end portion (see Fig 1) of the groove (56) is disposed (see Figs 5-6) in a ring groove (see Figs 5-6, Examiner notes an annular groove between shoulder portion 52 and threaded portion 50 as a ring groove) extending circumferentially (see Figs 5-6) about the longitudinal direction (see Fig 1).
Genick fails to teach wherein an eccentric structure is formed integrally with the screw element.
However, Gan teaches it is known to provide wherein an eccentric structure (Fig 7, head washer 122) is formed integrally (see Fig 7, Paragraph 0025, Gan indicates head washer 122 is integrally formed with the cam bolt 102) with the screw element (Fig 7, cam bolt 102).
Therefore, as evidenced by Gan, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first cam plate 14 of Genick to be formed integrally with the screw element as taught by Gan. Further, it would have been obvious to one having ordinary skill in the art at before the effective filing date of the claimed invention to combine an eccentric structure formed integrally with the screw element, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. MPEP 2144.04 (V)(B). The rationale for supporting this conclusion of obviousness is to facilitate improving assembly and disassembly of the cam bolt assembly, e.g. reducing part count, reducing assembling/disassembling steps, etc.
**Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
Regarding claim 2, modified Genick teaches the fastening element (see Fig 1) as claimed in claim 1 and further teaches
wherein the groove (56) extends (see Fig 1) completely through (see Fig 1, Paragraph 0026) the threaded portion (50).
Regarding claim 3, modified Genick teaches the fastening element (see Fig 1) as claimed in claim 1 and further teaches
wherein the carrier region (52) is arranged closer (see Figs 1 and 5) to the head (20) in the longitudinal direction (see Fig 1) than the head end portion (see Fig 1) of the groove (56) and/or than the threaded portion (50).
Regarding claim 5, modified Genick teaches the fastening element (see Fig 1) as claimed in claim 1 and further teaches
wherein the carrier region (52) has a same core (see Figs 5-6, Examiner notes shoulder portion 52 and threaded portion 50 formed on bolt 12 as has a same core) and/or outer diameter (see Figs 5-6) as the threaded portion (50).
Regarding claim 6, modified Genick teaches the fastening element (see Fig 1) as claimed in claim 1 and further teaches
wherein the carrier region (52) has carrier structures (see Fig 5, Examiner notes an exterior surface of shoulder portion 52 as has carrier structures) on an outer periphery (see Fig 5) of the carrier region (52),
wherein the carrier structures (52) allow a form-fit torque transmission (capable of allowing a form-fit torque transmission, i.e. this is a functional recitation; e.g. pliers engaged with shoulder portion 52 would allow a form-fit torque transmission) about the longitudinal direction (see Fig 1).
Regarding claim 7, modified Genick teaches the fastening element (see Fig 1) as claimed in claim 1 and further teaches
wherein carrier structures (see Fig 1, Examiner notes threads of threaded portion 50 as carrier structures) comprise a wedge toothing and/or a thread (see Fig 1, Examiner notes the threads of threaded portion 50 as a thread).
Regarding claim 11, modified Genick teaches the fastening element (see Fig 1) as claimed in claim 1 and further teaches
wherein the eccentric structure (Fig 1, cam plate 14) is arranged closer (see Fig 1) to the head (20) in the longitudinal direction (see Fig 1) than the head end portion (see Fig 1) of the groove (56) and/or than a carrier region (52) and/or the threaded portion (50),
wherein the eccentric structure (14) is advantageously arranged directly adjacent (see Fig 1) to the head (20) in the longitudinal direction (see Fig 1).
Regarding claim 12, modified Genick teaches an adjustment system (Fig 1, cam bolt assembly 10) comprising the fastening element (see Fig 1) as claimed in claim 1 (see claim 1) and further teaches an eccentric element (Fig 1, cam plate 16),
wherein the eccentric element (16) has a twist-prevention structure (see Figs 1, 4, and 7, Paragraphs 0021 and 0024-0025, Examiner notes cam plate 16 has an aperture 28 which is configured to mate with the cross section 30 of the threaded portion of the threaded bolt 12 and the cam plate 16 and the channels 56 define an interface capable of withstanding 150 nm of torque, and preferably 200 nm of torque as has a twist-prevention structure),
wherein the twist-prevention structure (see Figs 1, 4, and 7) engages (see Fig 4) in the groove (56) such that a rotation of the eccentric element (16) about the longitudinal direction (see Fig 1) relative to the screw element (12) is prevented by form fit (see Figs 1, 4, and 7, Paragraphs 0021 and 0024-0025, Examiner notes cam plate 16 and the channels 56 define an interface capable of withstanding 150 nm of torque, and preferably 200 nm of torque as a rotation of the eccentric element about the longitudinal direction relative to the screw element is prevented by form fit).
Response to Arguments
Applicant's arguments filed April 23, 2026 have been fully considered but they are not persuasive. With respect to amended independent claim 1 on Pgs 5-7 of Applicant’s Remarks filed April 23, 2026, Applicant argues that neither Genick nor Gan teach “wherein the head end portion of the groove is disposed in a ring groove extending circumferentially about the longitudinal direction”. The Examiner respectfully disagrees and notes that Genick in Figs 5-6, illustrates channels 56 extending past threads of threaded portion 50 towards shoulder portion 52 into and terminating at an annular groove between shoulder portion 52 and threaded portion 50. The Examiner respectfully notes that Genick, in Paragraph 0024, also indicates that channels 56 can optionally extend into a shoulder portion 52. Further, Gan in Figs 7-8, also illustrates a cut 124 extending past portion 120 towards portion 118 into and terminating an annular groove of shank 116 between portions 118 and 120. Accordingly, Applicant’s argument of neither Genick nor Gan teach “wherein the head end portion of the groove is disposed in a ring groove extending circumferentially about the longitudinal direction” is unpersuasive.
With respect to Pg 7 of Applicant’s Remarks, Applicant respectfully submits that the product-by-process limitation of “wherein the groove is embossed and/or rolled” defines structural characteristics of the groove resulting from this manufacturing process, including surface finish, work hardening, and a stress distribution that distinguishes the claimed groove from grooves formed by other processes such as machining or cutting (as in Genick). The Examiner respectfully disagrees and notes Applicant’s argument appears to be further limiting, i.e. surface finish, work hardening, stress distribution, than amended independent claim 1.
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
