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 . 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 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.
Claim Objections
Claims 21-26 are objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Claim 21 refers back to claim 6 in line 1 and claim 1 in line 1, while claim 26 refers back to claim 1 in line 10 and claim 6 in line 15. Claims 22-25 inherit this issue for depending upon claim 21. Accordingly, claims 21-26 have not been further treated on the merits.
Claim Rejections - 35 USC § 112
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.
Claim 27 is 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 pre-AIA the applicant regards as the invention.
Claim 27 first recites “two housings” as part of an intended use of an adapter and cover assembly in lines 1-2. However, the claim goes on to positively recites “a first of the two housings” in lines 9-10 and “a second of the two housings” in lines 10-11. It is therefore unclear from the claim whether Applicant is intending to claim the combination of the adapter and cover assembly and two housings, or only the subcombination of the adapter and cover assembly. For the purpose of this action, the Examiner has interpreted the claim as being directed to only the subcombination of the adapter and cover assembly. As such, claim 27, lines 9-11, has been interpreted as follows:
--second lateral opening; the first fastening feature configured to be fixedly connected to a first of the two housings and the second fastening feature configured to be fixedly connected to a second of the two housings; and—
Appropriate correction(s) should be made.
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 1-11, 14-16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,267,437 (Maier).
Regarding claim 1, Maier discloses an adapter (58; see Figures 2-4) for connecting stationary portions of two housings (26 ,34) that are connected via a rotatable shaft (see column 2, lines 62-64); the adapter comprising:
a hollow body (at 58) extending from a first axial end (46A) to a second axial end (46B), a first fastening feature (bolt holes formed in 50) arranged proximate the first axial end and a second fastening feature (bolt holes formed in 50) arranged proximate the second axial end (see Figure 4), the hollow body having an interior area (62) extending from a first lateral opening (formed inside 46A) located proximate the first axial end to a second lateral opening (formed inside 46B) located proximate the second axial end (see Figure 4); and
at least one longitudinal opening (54) located between the first axial end and the second axial end, the at least one longitudinal opening being configured to access the interior area (see Figure 4 and column 3, lines 34-37).
Regarding claim 2, Maier discloses at least one retainer (94) located on an exterior surface of the hollow body (58; see Figure 4).
Regarding claim 3, Maier discloses the at least one longitudinal opening (54) is configured to receive a removable cover (66; see Figure 4).
Regarding claim 4, Maier discloses the hollow body (58) comprises a drip ledge (nominally shown at the flange at reference character 50 in Figure 4) located proximate at least one of the first axial end (46A) and the second axial end (46B; see Figure 4).
Regarding claim 5, Maier discloses hollow body (58) is adjustable to locate the at least one longitudinal opening (54) in a predetermined position (multiple bolt holes being provided in a circumferential direction as shown in Figures 3 and 4, thus allowing for adjustment).
Regarding claim 6, Maier discloses a cover (at 66; see Figures 2-5) for an adapter (58) for connecting stationary portions of two housings (26, 34) that are connected via a rotatable shaft (see column 2, lines 62-64); the cover comprising:
at least one sheet segment (66) extending longitudinally from a first axial end (right side of Figure 4; corresponding to end 46A of the adapter) to a second axial end (left side of Figure 4; corresponding to end 46B of the adapter) and extending laterally from a first lateral end (82) to a second lateral end (82) having at least two mounting areas (78) thereon configured to secure the at least one sheet segment over at least a portion of the adapter (see Figure 4).
Regarding claim 7, Maier discloses the at least two mounting areas (78) comprise a first flange (78) located along the first lateral end (82) and a second flange (78) located along the second lateral end (82; see Figure 5 and column 3, lines 38-57).
Regarding claim 8, Maier discloses the first flange (78) and the second flange (78) have at least one aperture (86) extending therethrough for receiving a fastener (88; see Figures 4 and 5).
Regarding claim 9, Maier discloses at least one of the first flange (78) and the second flange (78) have a fastener retention feature (formed by apertures 86) configured to hold the fastener (88) during installation of the cover on the adapter (see Figures 4 and 5).
Regarding claim 10, Maier discloses the fastener retention feature (formed by apertures 86) comprises at least one of a washer and nut or a bolt head holder (the apertures 86 holding the bolts 88, and therefore also the bolt heads, as shown in Figure 4).
Regarding claim 11, Maier discloses the at least one sheet segment (66) comprises a gasket (98) secured to at least a portion thereof for sealing against the adapter (58).
Regarding claim 14, Maier discloses the at least one sheet segment (66) comprises an anti-slip feature (at 90) thereon (see column 3, line 66, through column 4, line 15).
Regarding claim 15, Maier discloses the anti-slip feature (at 90) comprises a notch formed in a peripheral edge of the at least one sheet segment (66) for axially retaining the cover on the adapter (see column 3, line 66, through column 4, line 15).
Regarding claim 16, Maier discloses the at least one sheet segment (66) is opaque (see Figures 4 and 5).
Regarding claim 18, Maier discloses the at least one sheet segment (66) is flexible for selectively forming around the adapter (58; see column 4, lines 36-57, where the dimensions of the segment provide for a certain amount of deflection depending upon axial and bending stresses imparted on the sheet segment, therefore being “flexible”).
Regarding claim 19, Maier discloses the first lateral end (right side of Figure 4; corresponding to end 46A of the adapter) and the second lateral end (left side of Figure 4; corresponding to end 46A of the adapter) are parallel to one another to form a cylindrical shape when the cover (at 66) is assembled (see Figure 4).
Claims 1-6 and 14-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,398,521 (Yorulmazoglu).
Regarding claim 1, Yorulmazoglu discloses an adapter (100; see Figures 1, 2, and 7-11) for connecting stationary portions of two housings (20, 40) that are connected via a rotatable shaft (26); the adapter comprising:
a hollow body (at 144) extending from a first axial end (right side of Figure 7) to a second axial end (left side of Figure 7), a first fastening feature (120, 130) arranged proximate the first axial end (see Figure 8) and a second fastening feature (160, 166) arranged proximate the second axial end (see Figure 9), the hollow body having an interior area (146) extending from a first lateral opening (shown nominally at 146 in Figure 8) located proximate the first axial end to a second lateral opening (shown nominally at 146 in Figure 9) located proximate the second axial end (see Figures 7-9); and
at least one longitudinal opening (148) located between the first axial end and the second axial end, the at least one longitudinal opening being configured to access the interior area (see Figure 7).
Regarding claim 2, Yorulmazoglu discloses at least one retainer (142, 162) located on an exterior surface of the hollow body (at 144; see Figure 7)).
Regarding claim 3, Yorulmazoglu discloses the at least one longitudinal opening (148) is configured to receive a removable cover (150; see Figures 1 and 11).
Regarding claim 4, Yorulmazoglu discloses the hollow body (at 144) comprises a drip ledge (142, 162) located proximate at least one of the first axial end (right side of Figure 7) and the second axial end (left side of Figure 7).
Regarding claim 5, Yorulmazoglu discloses the hollow body (at 144) is adjustable to locate the at least one longitudinal opening (148) in a predetermined position (multiple bolt holes being provided in a circumferential direction as shown in Figures 8 and 9, thus allowing for adjustment).
Regarding claim 6, Yorulmazoglu discloses a cover (150; see Figures 1 and 11, and annotated Figure 1 below) for an adapter (100) for connecting stationary portions of two housings (20, 40) that are connected via a rotatable shaft (26); the cover comprising:
at least one sheet segment (at 150) extending longitudinally from a first axial end to a second axial end and extending laterally from a first lateral end to a second lateral end having at least two mounting areas thereon configured to secure the at least one sheet segment over at least a portion of the adapter (see Figures 1 and 11, and annotated Figure 1 below).
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Figure 1. Annotated Partial Figure 1 of Yorulmazoglu
Regarding claim 14, Yorulmazoglu discloses at least one sheet segment (150) comprises an anti-slip feature thereon (see annotated Figure 1 above).
Regarding claim 15, Yorulmazoglu discloses the anti-slip feature comprises a notch formed in a peripheral edge of the at least one sheet segment for axially retaining the cover (150) on the adapter (see annotated Figure 1 above).
Regarding claim 16, Yorulmazoglu discloses the at least one sheet segment (150) is opaque (see Figures 1 and 11).
Regarding claim 17, Yorulmazoglu discloses at least a portion of the at least one sheet segment (150) is transparent or translucent (at perforations 156; see Figures 1 and 11)).
Regarding claim 18, Yorulmazoglu discloses the at least one sheet segment (150) is flexible for selectively forming around the adapter (see Figure 1 vs. Figure 11 where the sheet segment is bend around the adapter).
Regarding claim 19, Yorulmazoglu discloses the first lateral end and the second lateral end are parallel to one another (see annotated Figure 1 above) to form a cylindrical shape when the cover is assembled (see Figure 11).
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 12, 13, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Maier.
Regarding claim 12, Maier discloses a lip (at 102) extending around a periphery for limiting compression of the gasket (98) to a predetermined magnitude (see column 4, lines 16-35), but does not expressly disclose the periphery being of the at least one sheet segment. Maier instead discloses the lip being formed on the adapter (58).
Applicant is reminded that it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover for an adapter of Maier such that the lip extends around the periphery of the at least one sheet segment instead of the adapter, as such a modification involves only routine skill in the art.
Regarding claim 13, Maier discloses a recess (106) in an underside, the recess configured to retain the gasket (98) therein and being defined by a lip (at 102) for limiting compression of the gasket to a predetermined magnitude (see column 4, lines 16-35), but does not expressly disclose the underside being of the at least one sheet segment. Maier instead discloses the underside being formed on the adapter (58).
Applicant is reminded that it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover for an adapter of Maier such that the recess is in an underside of the at least one sheet segment instead of the adapter, as such a modification involves only routine skill in the art.
Regarding claim 27, Maier discloses an adapter (58) and cover (at 66) assembly (see Figures 2-5) for connecting stationary portions of two housings (26, 34) that are connected via a rotatable shaft (see column 2, lines 62-64), the adapter comprising:
a support structure (14) extending around the shaft and having a hollow body (at 58) extending from a first axial adapter-end (46A) to a second axial adapter-end (46B), a first fastening feature (bolt holes formed in 50) arranged proximate the first axial adapter-end and a second fastening feature (bolt holes formed in 50) arranged proximate the second axial adapter-end, the hollow body having an interior area (62) extending from the first axial adapter-end to the second axial adapter-end, the first axial adapter-end having a first lateral opening (formed inside 46A) and the second axial adapter-end having a second lateral opening (formed inside 46B); the first fastening feature fixedly connected to a first of the two housings and the second fastening feature fixedly connected to a second of the two housings (see Figure 4 and column 2, line 62, through column 3, line 13); and
a longitudinal opening (54) located between the first axial adapter-end and the second axial adapter-end, the longitudinal opening being in communication with the interior area (see Figure 4 and column 3, lines 34-37); and
the cover comprising a sheet segment (66) extending longitudinally from a first axial cover-end (right side of Figure 4; corresponding to end 46A of the adapter) to a second axial cover-end (left side of Figure 4; corresponding to end 46A of the adapter) and extending laterally from a first lateral cover-end (82) to a second lateral cover-end (82) having at least two mounting areas (78) removably secured to the adapter and the at least two mounting areas comprise a first flange (78) located along the first lateral end and a second flange (78) located along the second lateral end (see Figures 4 and 5);
a gasket (98) positioned between the sheet segment and the adapter (see Figure 4);
wherein a lip (at 102) extends around a periphery for limiting compression of the gasket to a predetermined magnitude, so that the cover is removably and sealably secured over the longitudinal opening in the adapter by mating of the first flange and the second flange (see column 4, lines 16-35).
Maier does not expressly disclose the periphery being of the at least one sheet segment and instead discloses the lip being formed on the adapter.
Applicant is reminded that it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover for an adapter of Maier such that the lip extends around the periphery of the at least one sheet segment instead of the adapter, as such a modification involves only routine skill in the art.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Maier in view of US 6,190,261 (Powell).
Maier discloses the cover of claim 6, but does not expressly disclose at least a portion of the at least one sheet segment (66) is transparent or translucent.
Powell teaches at least a portion of at least one sheet segment (30, 40) is transparent or translucent in order to more clearly indicate the sheet segment is positioned about potentially dangerous moving parts (see column 3, lines 32-44). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one sheet segment of Maier to be transparent or translucent, as taught in Powell, in order to more clearly indicate the at least one sheet segment is positioned about potentially dangerous moving parts.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Maier in view of US 11,324,976 (Wechsler).
Maier discloses the cover of claim 6, but does not expressly disclose the first lateral end (82) and the second lateral end (82) are arranged at an angle to one another to form a conical shape when the cover (at 66) is assembled. Maier instead discloses the first and second lateral ends being arranged even with one another (see, e.g., Figure 5).
Wechsler teaches it is known in the art of covers to choose between ends being arranged even with one another (i.e. straight) or ends which are arranged at an angle to one another to form a conical shape when the cover is assembled (see column 10, lines 23-35). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one sheet segment of Maier such that the first lateral end and the second lateral end are arranged at an angle to one another to form a conical shape when the cover is assembled, as Wechsler teaches it is an obvious design choice known in the art of covers to choose between ends being arranged even with one another (i.e. straight) or ends which are arranged at an angle to one another to form a conical shape when the cover is assembled.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Yorulmazoglu in view of US 11,324,976 (Wechsler).
Yorulmazoglu discloses the cover of claim 6, but does not expressly disclose the first lateral end and the second lateral end are arranged at an angle to one another to form a conical shape when the cover (150) is assembled. Yorulmazoglu instead discloses the first and second lateral ends being arranged even with one another (see, e.g., Figure 1).
Wechsler teaches it is known in the art of covers to choose between ends being arranged even with one another (i.e. straight) or ends which are arranged at an angle to one another to form a conical shape when the cover is assembled (see column 10, lines 23-35). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one sheet segment of Yorulmazoglu such that the first lateral end and the second lateral end are arranged at an angle to one another to form a conical shape when the cover is assembled, as Wechsler teaches it is an obvious design choice known in the art of covers to choose between ends being arranged even with one another (i.e. straight) or ends which are arranged at an angle to one another to form a conical shape when the cover is assembled.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
January 13, 2026