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
Applicant's election with traverse of Group I, Species A in the reply filed on 2/16/2016 is acknowledged. The traversal is on the ground(s) that the consideration of group II would not be an undue burden and claim 10 is generic to both species. This is not found persuasive because group II requires the addition burden of searching for “providing the separator element”. The examiner agrees that claim 10 is generic but, all amendments should be directed to the elected species or will be subject to withdrawal or may result in being non-responsive. Claims remain in the application as 18-20 are withdrawn.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 4 is objected to because of the following informalities: in claim 4, the “capable of” contradicts the “provides” so it is suggested that “provides” be changed to --for providing-- or something similar. Appropriate correction is required.
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 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Salerini (US 1,738,927). Salerni discloses nut capable of securing a separator element comprising: a boss/first portion (N) with a threaded cavity and a groove at the outer facing surface for a sealing element (N1) and a cap/second portion (P) attached to the boss. The cap has cavity an inner diameter larger than the boss threaded cavity to receive a support member (O). The cap includes a smooth circular surface and gripping surface capable of receiving a tool. The cap is made of a metal which inherently includes carbon and would be magnetic and would be capable of being gripped by a tool with a O-rings and/or a magnetic force.
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Claims 1-6, 9-12 and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thompson (US 9,422,968). Thompson discloses nut (102) capable of securing a separator element comprising: a boss/first portion (116) with a threaded cavity (50) and a groove (118) at the outer facing surface for a sealing element (120) and a cap/second portion (134) of a different material attached to the boss. The cap has cavity an inner diameter larger than the boss threaded cavity to receive a support member (6). The cap can include a smooth circular surface (Figs. 13 and 16) which would be capable of gripping with tool such as plyers or can include a gripping surface (Figs. 14 and 15) capable of receiving a spanner wrench. The cap is made of a material different from the boss and would be capable of being gripped by a tool with a O-rings and/or a magnetic force since the boss is metal.
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Claims 1, 3, 7-12 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toth (US 4,955,773). Toth discloses nut (10) capable of securing a separator element comprising: a boss/first portion (12) with a threaded cavity (16) and a cap/second portion (14) of a different material welded to the boss (at 58). The cap has cavity with an inner diameter larger than the boss threaded cavity to receive a support member. The cap includes a gripping surface (36) capable of receiving a spanner wrench (column 3, paragraph beginning line 46). The cap is made of a stainless steel material which is different from the boss and would be capable of being gripped by a tool with a O-rings and/or a magnetic force since the boss is metal. The conical bottom surface of the second portion forms a means for providing a positive seal capable of sealing with a separator element such as a wheel and cap stainless steel material includes a least some carbon by definition and would be at least a little magnetic.
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Claims 10, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brooks III (US 6,162,000). Brooks discloses nut (1) capable of securing a separator element (7) comprising: a first portion with a threaded cavity (3) to couple with a structural element (9) and a second portion made of the same material as the first portion wherein the first portion includes a groove (6) with an elastomeric O-ring (2) received in the groove.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bamford (US 12,006,963) and Kiefer (US 4,472,097) teach a one piece sealing nuts. Erdmann (US 3,955,231) teaches a weld on cap at an end of a boss. Yonkers (US 3,431,811) teaches another example of seal nut with a separate cap of different material. Bronson (US 1,262,743) and Burke (US 1,253,573) teach other examples of caps attached to threaded bases. The other references cited are of general interest.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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