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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the "portion of said washer retaining portion is crimped over a portion of said outer washer surface" in claim 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 8-9 are objected to because of the following informalities:
In claims 8-9, line 1, “the form” should read “a form”
Appropriate correction is required.
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.
Claims 8-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 8-9 recites the limitation "said inner bearing portion" in lines 3 and 4-5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claims 8-9 will be read as “said bearing portion”.
Claim 10 is rejected as being dependent on, and failing to cure the deficiencies of, rejected dependent claim 9.
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) 1-4 and 8-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US20170138391A1), hereinafter "Wilson".
Regarding claim 1, Wilson teaches a fastener assembly (Figs 1A-1C, assembly 100) comprising:
an elongated fastener body (Fig 1B, body 109) orientated (see Fig 1B) about a rotational axis (see Fig 1B);
said fastener body (109) having a threaded section (Fig 1B, threads 115) orientated (see Fig 1B) about said rotational axis (see Fig 1B);
said fastener body (109) having an externally and radially extending bearing portion (Fig 1B, flange 111) operatively configured to be axially retained by a work surface (capable of being axially retained by a work surface, i.e. this is a functional recitation; Paragraphs 0024-0025, Examiner notes clamped surface as operatively configured to be axially retained by a work surface);
said bearing portion (111) having an inner head surface (Fig 3C, surface 113), an outer head peripheral edge (see Fig 3C, Examiner notes an outer peripheral edge of flange 111 of nut 105 as an outer head peripheral edge), and an inner head peripheral edge (see Fig 3C, Examiner notes an inner peripheral edge of flange 111 of nut 105 as an inner head peripheral edge);
an annular lock washer (Fig 1B, washer 120) operatively configured to move axially and rotationally (capable of moving axially and rotationally, i.e. this is a functional recitation) relative to said bearing portion (111) and to be positioned between (see Fig 1B and Paragraphs 0024-0025) said inner head surface (113) of said bearing portion (111) and said work surface (Paragraphs 0024-0025);
said annular lock washer (120) having an inner washer surface (Fig 2B, surface 128), an outer washer peripheral edge (see Fig 2B, Examiner notes an outer peripheral edge of washer 120 in which segments 128L and 128R extend to as an outer washer peripheral edge), an inner washer peripheral edge (see Fig 2B, Examiner notes an inner peripheral edge of washer 120 as an inner washer peripheral edge), and an outer washer surface (see Fig 2C, Examiner notes a surface of washer 120 having segments 130 as an outer washer surface);
said inner washer surface (128) comprising a plurality of circumferentially spaced washer cam surfaces (Fig 2A, Paragraph 0023, segments 128R) extending radially between (see Fig 2A) said inner washer peripheral edge (see Fig 2B) and said outer washer peripheral edge (see Fig 2B);
each of said washer cam surfaces (128R) being inclined relative to an imaginary plane orientated normal (see Fig 1B, Paragraph 0023, Examiner notes helically inclined surface segments as being inclined relative to an imaginary plane orientated normal) to said rotational axis (see Fig 1B) from a lower washer cam edge (see Fig 2A, Examiner notes a lower radially extending edge of segment 128R as from a lower washer cam edge) to an upper washer cam edge (see Fig 2A, Examiner notes an upper radially extending edge of segment 128R as to an upper washer cam edge) within a washer cam radial angle (see Fig 2A, Paragraph 0027, Examiner notes 7.5 degrees as within a washer cam radial angle);
said inner washer surface (128) comprising a plurality of circumferentially spaced washer slip surfaces (Fig 2A, Paragraph 0023, segments 128L) extending radially between (see Fig 2A) said inner washer peripheral edge (see Fig 2B) and said outer washer peripheral edge (see Fig 2B);
each of said washer slip surfaces (128L) being inclined relative to said imaginary plane orientated normal (see Fig 1B, Paragraph 0023, Examiner notes helically inclined surface segments as being inclined relative to said imaginary plane orientated normal) to said rotational axis (see Fig 1B) from a lower washer slip edge (see Fig 2A, Examiner notes a lower radially extending edge of segment 128L as from a lower washer slip edge) to an upper washer slip edge (see Fig 2A, Examiner notes an upper radially extending edge of segment 128L as to an upper washer slip edge) within a washer slip radial angle (see Fig 2A, Paragraph 0027, Examiner notes 15 degrees as within a washer slip radial angle);
said plurality of circumferentially spaced washer cam surfaces (128R) alternating circumferentially (see Fig 2A) about said rotational axis (see Fig 1B) with said plurality of circumferentially spaced washer slip surfaces (128L);
each of said washer cam surfaces (128R) intersecting (see Fig 2A) with two (see Fig 2A) adjacent washer slip surfaces (128L) at a radial washer ridge (see Fig 2A, Examiner notes a ridge between segments 128L and 128R as at a radial washer ridge) defined by said upper washer cam edge (see Fig 2A) of said washer cam surface (128R) and said upper washer slip edge (see Fig 2A) of a first (see Fig 2A) of said two (see Fig 2A) adjacent washer slip surfaces (128L) and a radial washer valley (see Fig 2A, Examiner notes a valley between segments 128L and 128R as a radial washer valley) defined by said lower washer cam edge (see Fig 2A) of said washer cam surface (see Fig 2A) and said lower washer slip edge (see Fig 2A) of a second (see Fig 2A) of said two (see Fig 2A) adjacent washer slip surfaces (128L);
said washer cam surface (128R) and said washer slip surface (128L) having a washer radial angle ratio between said washer cam radial angle (see Fig 2A, Paragraph 0027) and said washer slip radial angle (see Fig 2A, Paragraph 0027) that is less than or equal to about 4.5 (see Fig 2A, Paragraph 0027, Examiner notes washer cam radial angle of 7.5 degrees and washer slip radial angle of 15 degrees forming a ratio of 0.5 as having a washer radial angle ratio between said washer cam radial angle and said washer slip radial angle that is less than or equal to about 4.5); and
said radial washer ridge (see Fig 2A) having a ridge height normal to said imaginary plane and relative (see Fig 1B, Paragraph 0023, Examiner notes helically inclined surface segments as having a ridge height normal to said imaginary plane and relative) to said radial washer valley (see Fig 2A) that is greater than or equal to about 0.08 mm (see Fig 4, Paragraphs 0034-0035, Examiner notes 0.167 mm as is greater than or equal to about 0.08 mm).
Wilson fails to teach said washer cam radial angle being greater than said washer slip radial angle.
However, Wilson indicates in Paragraphs 0022-0023 and 0027-0033 that segments 128L and 128R can be any other value as required by the application. Further, Wilson indicates that a larger number of helically inclined surface segments will result in a lower incremental increase of clamp load and tension per rotation of the nut and a lower resistance to loosening; a smaller number of helically inclined surface segments will result in a higher incremental increase of clamp load and tension per rotation of the nut and a higher resistance to loosening; and the number of helically inclined surface segments may be selected per application to achieve a desired incremental increase of clamp load and tension per rotation of the nut and resistance to loosening.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify said washer cam radial angle to be greater than said washer slip radial angle and corresponding head cam and slip radial angles since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05. The rationale for supporting this conclusion of obviousness is to provide a fastener assembly based on application and requirements (Wilson, Paragraphs 0022-0023 and 0027-0033).
Regarding claim 2, modified Wilson teaches the fastener assembly (100) set forth in claim 1 and further teaches wherein:
said inner head surface (113) comprising a plurality of circumferentially spaced head cam surfaces (Fig 3C, Paragraph 0022, segments 113R) extending radially between (see Fig 3C) said inner head peripheral edge (see Fig 3C) and said outer head peripheral edge (see Fig 3C);
each of said head cam surfaces (113R) being inclined relative to said imaginary plane orientated normal (see Fig 1B, Paragraph 0022, Examiner notes helically inclined surface segments as being inclined relative to said imaginary plane orientated normal) to said rotational axis (see Fig 1B) from a lower head cam edge (see Fig 3C, Examiner notes a lower radially extending edge of segment 113R as from a lower head cam edge) to an upper head cam edge (see Fig 3C, Examiner notes an upper radially extending edge of segment 113R as to an upper head cam edge) within a head cam radial angle (see Fig 3C, Paragraph 0031, Examiner notes 7.5 degrees as within a head cam radial angle; see claim 1, Paragraphs 0022-0023 and 0027-0033);
said inner head surface (113) comprising a plurality of circumferentially spaced head slip surfaces (Fig 3C, Paragraph 0022, segments 113L) extending radially between (see Fig 3C) said inner head peripheral edge (see Fig 3C) and said outer head peripheral edge (see Fig 3C);
each of said head slip surfaces (113L) being inclined relative to said imaginary plane orientated normal (see Fig 1B, Paragraph 0022, Examiner notes helically inclined surface segments as being inclined relative to said imaginary plane orientated normal) to said rotational axis (see Fig 1B) from a lower head slip edge (see Fig 3C, Examiner notes a lower radially extending edge of segment 113L as from a lower head slip edge) to an upper head slip edge (see Fig 3C, Examiner notes an upper radially extending edge of segment 113L as to an upper head slip edge) within a head slip radial angle (see Fig 3C, Paragraph 0031, Examiner notes 15 degrees as within a head slip radial angle; see claim 1, Paragraphs 0022-0023 and 0027-0033);
said plurality of circumferentially spaced head cam surfaces (113R) alternating circumferentially (see Fig 3C) about said rotational axis (see Fig 1B) with said plurality of circumferentially spaced head slip surfaces (113L);
each of said head cam surfaces (113R) intersecting (see Fig 3C) with two (see Fig 3C) adjacent head slip surfaces (113L) at a radial head ridge (see Fig 3C, Examiner notes a ridge between segments 113L and 113R as at a radial head ridge) defined by said upper head cam edge (see Fig 3C) of said head cam surface (113R) and said upper head slip edge (see Fig 3C) of a first (see Fig 3C) of said two (see Fig 3C) adjacent head slip surfaces (113L) and a radial head valley (see Fig 3C, Examiner notes a valley between segments 113L and 113R as a radial head valley) defined by said lower head cam edge (see Fig 3C) of said head cam surface (113R) and said lower head slip edge (see Fig 3C) of a second (see Fig 3C) of said two (see Fig 3C) adjacent head slip surfaces (113L);
said head cam radial angle (see Fig 3C) being greater (see claim 1, Paragraphs 0022-0023 and 0027-0033) than said head slip radial angle (see Fig 3C);
said head cam surface (113R) and said head slip surface (113L) having a head radial angle ratio between said head cam radial angle (see Fig 3C, Paragraph 0031) and said head slip radial angle (see Fig 3C, Paragraph 0031) that is less than or equal to about 4.5 (see Fig 3C, Paragraph 0031, Examiner notes head cam radial angle of 7.5 degrees and head slip radial angle of 15 degrees forming a ratio of 0.5 as having a head radial angle ratio between said head cam radial angle and said head slip radial angle that is less than or equal to about 4.5; see claim 1, Paragraphs 0022-0023 and 0027-0033); and
said radial head ridge (see Fig 3C) having a ridge height normal to said imaginary plane and relative (see Fig 1B, Paragraph 0022, Examiner notes helically inclined surface segments as having a ridge height normal to said imaginary plane and relative) to said radial head valley (see Fig 3B) that is greater than or equal to about 0.08 mm (see Fig 4, Paragraphs 0034-0035, Examiner notes 0.167 mm as is greater than or equal to about 0.08 mm).
Regarding claim 3, modified Wilson teaches the fastener assembly (100) set forth in claim 2 and further teaches wherein said washer cam radial angle (see Fig 2A, Paragraph 0027) and said head cam radial angle (see Fig 3C, Paragraph 0031) are substantially equal (see Figs 2A and 3C, Paragraphs 0027 and 0031).
Regarding claim 4, modified Wilson teaches the fastener assembly (100) set forth in claim 3 and further teaches wherein said washer slip radial angle (see Fig 2A, Paragraph 0027) and said head slip radial angle (see Fig 3C, Paragraph 0031) are substantially equal (see Figs 2A and 3C, Paragraphs 0027 and 0031).
Regarding claim 8, as best understood, modified Wilson teaches the fastener assembly (100) set forth in claim 1 but fails to teach wherein said fastener body is in the form of a bolt and comprising:
a head portion having an outer head surface and comprising said inner bearing portion;
a shank portion extending axially from said inner head peripheral edge of said inner bearing portion and operatively configured to extend through said work surface;
said shank portion comprising said threaded section, which is orientated externally about said rotational axis; and
said annular lock washer operatively configured to receive said shank portion of said fastener body.
However, Wilson in an alternative embodiment of Figs 8A-8C, teaches it is known to provide wherein said fastener body (see Fig 8B, Paragraph 0044, Examiner notes bolt 805 as said fastener body) is in the form of a bolt (Fig 8B, bolt 805) and comprising: a head portion (Fig 8B, head 807) having an outer head surface (see Fig 8B) and comprising said inner bearing portion (Fig 8B, flange 811); a shank portion (Fig 8B, shaft 872) extending axially (see Fig 8B) from said inner head peripheral edge (see Fig 8B) of said inner bearing portion (811) and operatively configured to extend through said work surface (capable of extending through said work surface, i.e. this is a functional recitation); said shank portion (872) comprising said threaded section (Fig 8B, threads 815), which is orientated externally (see Fig 8B) about said rotational axis (see Fig 8B); and said annular lock washer (Fig 8B, washer 820) operatively configured to receive (capable of moving axially and rotationally, i.e. this is a functional recitation; see Fig 8B) said shank portion (872) of said fastener body (see Fig 8B).
Therefore, as evidenced by Wilson in the alternative embodiment of Figs 8A-8C, 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 fastener body of modified Wilson to be in the form of a bolt as taught by Wilson in the alternative embodiment of Figs 8A-8C. The rationale for supporting this conclusion of obviousness is to provide a fastener assembly based on application and requirements, e.g. assembly/disassembly, packaging, etc.
Regarding claim 9, as best understood, modified Wilson teaches the fastener assembly (100) set forth in claim 1 and further teaches wherein said fastener body (109) is in the form of a nut (Fig 1B, nut 105) and comprising:
a head portion (Fig 1B, head 107) having an outer head surface (see Fig 1B) and comprising said inner bearing portion (111); and
said head portion (107) comprising said threaded section (see Fig 1B, Paragraph 0021, Examiner notes threads 115 as comprising said threaded section), which is orientated internally (see Fig 1B) about said rotational axis (see Fig 1B).
Modified Wilson fails to teach a washer retaining portion extending axially from said inner head peripheral edge of said inner bearing portion and said annular lock washer operatively configured to receive said washer retaining portion of said fastener body.
However, Wilson in an alternative embodiment of Figs 7A-7C, teaches it is known to provide a washer retaining portion (Fig 7B, portion 770) extending axially (see Fig 7B) from said inner head peripheral edge (see Fig 7B) of said inner bearing portion (see Fig 7B) and said annular lock washer (Fig 7B, washer 720) operatively configured to receive (capable of receiving, i.e. this is a functional recitation) said washer retaining portion (770) of said fastener body (Fig 7B, nut 705).
Therefore, as evidenced by Wilson in the alternative embodiment of Figs 7A-7C, 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 washer retaining portion as taught by Wilson in the alternative embodiment of Figs 7A-7C to modified Wilson. The rationale for supporting this conclusion of obviousness is to provide a connection between the washer and the nut to allow free rotation between the washer and the nut while the washer is held to the nut (Wilson, Paragraph 0043).
Regarding claim 10, as best understood, modified Wilson teaches the fastener assembly (100) set forth in claim 9 and further teaches wherein a portion (see Fig 7B) of said washer retaining portion (770) is **crimped** (see Fig 7B) over a portion (see Fig 7B) of said outer washer surface (see Fig 2C).
**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 11, modified Wilson teaches the fastener assembly (100) set forth in claim 1 and further teaches wherein said outer washer peripheral edge (see Fig 2B) of said annular lock washer (120) is axially offset (see Fig 2B) from said inner washer peripheral edge (see Fig 2B) of said annular lock washer (120), whereby said annular lock washer (120) has a conical form (see Fig 2B) prior to an applied axial load (Paragraph 0024, Examiner notes load as an applied axial load).
Regarding claim 12, modified Wilson teaches the fastener assembly (100) set forth in claim 2 and further teaches wherein:
said threaded section (115) of said fastener body (109) has a thread having a pitch angle (Paragraph 0021, Examiner notes pitch X as has a thread having a pitch angle);
each of said head cam surfaces (113R) are operatively configured to be in sliding contact (capable of being in sliding contact, i.e. this is a functional recitation; see Fig 1B) with one (see Fig 1B) of each of said washer cam surfaces (128R), within an angular range (see Fig 6) of relative rotational motion (see Fig 6) about said rotational axis (see Fig 1B), on contact planes (see Fig 1B) that are each inclined at a contact angle (Paragraphs 0028 and 0032, Examiner notes pitch Y as are each inclined at a contact angle) relative to said imaginary plane (see Fig 1B, Paragraphs 0022-0023, Examiner notes helically inclined surface segments as are each inclined at a contact angle relative to said imaginary plane); and
each contact angle (Paragraphs 0022-0023) is greater (Paragraphs 0028 and 0032, Examiner notes pitch Y being different and greater than pitch X as is greater) than said pitch angle (Paragraph 0021).
Regarding claim 13, modified Wilson teaches the fastener assembly (100) set forth in claim 12 and further teaches wherein said angular range (see Fig 6) of relative rotational motion (see Fig 6) about said rotational axis (see Fig 1B) is substantially equal (see Fig 6) to said washer cam radial angle (see Figs 2A and 6, Paragraph 0027).
Regarding claim 14, modified Wilson teaches the fastener assembly (100) set forth in claim 12 and further teaches wherein said thread (Paragraph 0021) of said threaded section (115) of said fastener body (109) has a pitch distance (see Fig 4, Examiner notes 2.0 PITCH LH THREAD as has a pitch distance) and said ridge height (see Fig 2A) of said radial washer ridge (see Fig 2A) is less than (see Fig 4) said pitch distance (see Fig 4).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson, in view of Melone (US4034788A), hereinafter "Melone".
Regarding claim 5, modified Wilson teaches the fastener assembly (100) set forth in claim 1 but fails to teach wherein:
said outer washer surface comprising a plurality of circumferentially spaced first teeth operatively configured to resist rotation of said washer in a first rotational direction about said rotational axis relative to said work surface under an applied axial load; and
said outer washer surface comprising a plurality of circumferentially spaced second teeth operatively configured to resist rotation of said washer in a second rotational direction about said rotational axis relative to said work surface under an applied axial load.
However, Melone teaches it is known to provide said outer washer surface (see Fig 1, Examiner notes an underside of flange 25 of washer 19 as said outer washer surface) comprising a plurality of circumferentially spaced first teeth (Fig 1, teeth 28) operatively configured to resist rotation (capable of resisting rotation, i.e. this is a functional recitation; see Fig 2, Col 3, lines 16-37) of said washer (Fig 1, washer 19) in a first rotational direction (see Fig 2, Col 3, lines 16-37, Examiner notes tightening direction as in a first rotational direction) about said rotational axis (see Fig 1) relative to said work surface (Fig 1, member 11) under an applied axial load (see Fig 2, Col 3, lines 16-37, Examiner notes a high bolt load as under an applied axial load); and said outer washer surface (see Fig 1) comprising a plurality of circumferentially spaced second teeth (Fig 1, teeth 27) operatively configured to resist rotation (capable of resisting rotation, i.e. this is a functional recitation; see Fig 2, Col 3, lines 16-37) of said washer (19) in a second rotational direction (see Fig 2, Col 3, lines 16-37, Examiner notes loosening direction as in a second rotational direction) about said rotational axis (see Fig 1) relative to said work surface (11) under an applied axial load (see Fig 2, Col 3, lines 16-37, Examiner notes a high bolt load as under an applied axial load).
Therefore, as evidenced by Melone, 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 serrations of modified Wilson with said outer washer surface comprising adequately sized and shaped plurality of circumferentially spaced first and second teeth as taught by Melone. The rationale for supporting this conclusion of obviousness is to keep the washer from turning relative to the bolt both in the tightening direction during tightening and in the loosening direction after tightening (Melone, Col 3, lines 16-37).
Regarding claim 6, modified Wilson teaches the fastener assembly (100) set forth in claim 5 and further teaches wherein:
said plurality of circumferentially spaced first teeth (28) extend radially between (Melone, see Fig 4) said inner washer peripheral edge (see Fig 2B) and said outer washer peripheral edge (see Fig 2B); and
said plurality of circumferentially spaced second teeth (27) extend radially between (Melone, see Fig 4) said inner washer peripheral edge (see Fig 2B) and said outer washer peripheral edge (see Fig 2B).
Regarding claim 7, modified Wilson teaches the fastener assembly (100) set forth in claim 6 and further teaches wherein:
each of said plurality of circumferentially spaced first teeth (28) comprise a first bite edge surface (Melone, Fig 7, Examiner faces 33) orientated non-perpendicular (Melone, see Fig 7) to said imaginary plane orientated normal (see Fig 1B) to said rotational axis (see Fig 1B);
each of said plurality of circumferentially spaced first teeth (28) comprise a first back surface (Melone, see Figs 4 and 8, Examiner notes with respect to Fig 4, a back surface of circumferential flange 25 extending counterclockwise between teeth 28 and 27 and including wall 37 as comprise a first back surface) being inclined (Melone, see Fig 7) relative to said imaginary plane orientated normal (see Fig 1B) to said rotational axis (see Fig 1B) within a first back radial angle (Melone, see Figs 4 and 7-8) and intersecting (Melone, see Fig 8) said first bite edge surface (33);
each of said plurality of circumferentially spaced second teeth (27) comprise a second bite edge surface (Melone, Fig 7, faces 31) orientated non-perpendicular (Melone, see Fig 7) to said imaginary plane orientated normal (see Fig 1B) to said rotational axis (see Fig 1B);
each of said plurality of circumferentially spaced second teeth (27) comprise a second back surface (Melone, see Figs 4 and 8, Examiner notes with respect to Fig 4, a back surface of circumferential flange 25 extending clockwise between teeth 27 and 28 and including wall 37 as comprise a second back surface) being inclined (Melone, see Fig 7) relative to said imaginary plane orientated normal (see Fig 1B) to said rotational axis (see Fig 1B) within a second back radial angle (Melone, see Figs 4 and 7-8) and intersecting (Melone, see Fig 8) said second bite edge surface (31);
said plurality of circumferentially spaced first teeth (28) alternating circumferentially (Melone, see Fig 4) about said rotational axis (see Fig 1B) with said plurality of circumferentially spaced second teeth (27);
each of said first back surfaces (Melone, see Figs 4 and 8) of said first plurality of circumferentially spaced first teeth (28) intersecting (Melone, see Figs 4 and 7-8) with an adjacent second back surface (Melone, see Figs 4 and 8) of said second plurality of circumferentially spaced second teeth (27) at a radial back valley (Melone, see Figs 4 and 8, Examiner notes the back surface of circumferential flange 25 as at a radial back valley); and
each of said first bite edge surfaces (33) of said first plurality of circumferentially spaced first teeth (28) separated from an adjacent second bite edge surface (Melone, see Fig 7, 31) of said second plurality of circumferentially spaced second teeth (27) by a radial bite valley surface (Melone, Fig 8, section 39) within an opposed bite edge radial angle (Melone, see Fig 8).
Modified Wilson fails to teach each of said plurality of circumferentially spaced first teeth comprise a first bite edge surface orientated perpendicular to said imaginary plane orientated normal to said rotational axis and each of said plurality of circumferentially spaced second teeth comprise a second bite edge surface orientated perpendicular to said imaginary plane orientated normal to said rotational axis.
However, changes in shape have been established to be obvious to a person of ordinary skill in the art in the absence of persuasive evidence that the particular configuration was significant. The disclosure does not appear to provide any evidence of the criticality of the first bite edge surface and second bite edge surface being orientated perpendicular to said imaginary plane orientated normal to said rotational axis. Therefore, it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the first bite edge surface and second bite edge surface from being oriented non-perpendicular to perpendicular as an obvious change in shape. MPEP 2144.04 (IV)(B). The rationale for supporting this conclusion of obviousness is to provide a shape based on application and requirements, e.g. manufacturing, assembly tolerancing, etc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCK WONG whose telephone number is (571)270-1349. The examiner can normally be reached Monday - Friday, 7:30am - 5:00pm (ET).
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675