A METHOD AND DEVICE FOR DETERMINING
LOAD APPLIED TO A FASTENING MEMBER
NON-FINAL OFFICE ACTION
This action is in response to the Applicant’s Request for Continued Examination with amendment of March 06, 2026.
CLAIMS
35 U.S.C. § 112
(First Paragraph)
In view of the Applicant’s amendments to independent claims 1, 18, and 19, the rejection of claims 1, 4 - 13, and 17 - 24 under 35 U.S.C. 112(a) as set forth in the previous Office Action of Oct. 10, 2025 has been overcome.
(Second Paragraph)
Claim 6 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventors regard as the invention.
Claim 6 sets forth that the relief area extends from the outer wall to the central threaded aperture but confusion exists as to how the relief area can extend from the outer wall to the central threaded aperture as claimed when the relief area is disclosed as being a void. Thus if the relief area extended all the way from the outer wall to the central threaded aperture, no second surface would exist.
35 U.S.C. § 102
Claims 1, 5, 8 - 11, 13, and 18 - 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saigo et al. (2017/0138387).
With respect to independent claim 1, Saigo et al. set forth a nut device (Figs. 7A and 7B) comprising:
a body (51) comprising a first surface (bottom surface of 50 in Fig. 7A) and second surface (51A) connected by an outer wall (52/53) and by a central threaded aperture (52B) with female threads for engaging an elongate fastening member (paragraph 89); and
a deformation measurement device (7A) being received or formed with the body,
wherein the deformation measurement device is located circumferentially about the body (Fig. 7B),
wherein the second surface (51A) comprises a relief area (the rounded edge between threaded hole 52a and second surface 51A which can be seen in Fig. 7A and Fig. 12 is interpreted as such a relief area because nothing in the claim defines the relief area), and
wherein the second surface (51A) is configured to abut a workpiece (11) to be fastened (Fig. 7A).
The Examiner notes that the added phrase “or a load bearing member located between the second surface and the workpiece” need not be taught because of the use of the alternative language but nonetheless such a load bearing member is a commonly used washer.
With respect to claim 5, Saigo et al. set forth that the relief area extends at least partially from the outer wall (outer wall of flange 53) to the central treaded aperture (Fig. 12).
With respect to claim 8, Saigo et al. set forth that the outer wall comprises an enlarged flange portion (53) adjacent the second surface (51A) and an axially remote portion (51) adjacent the first surface (bottom of 51 in Fig. 7A).
With respect to claim 9, Saigo et al. set forth that the outer wall comprises an indent (space for circuit 7B in Fig. 7A) that receives the deformation measurement device (7A).
With respect to claim 10, Saigo et al. set forth that the enlarged flange portion (53) comprises the indent (space for strain detection unit in Fig. 7A).
With respect to claim 11, Saigo et al. set forth that the deformation measurement device (7A) is formed with the body (ie. groove 53a for device 7A is formed with the body).
With respect to claim 13, Saigo et al. set forth that the second surface (51A) is substantially planar (Fig. 2).
With respect to independent claim 18, Saigo et al. set forth a fastening assembly (Fig. 7A) for determining an applied load comprising:
a fastener comprising an elongate fastening member (61) having a male threaded distal end (4); and
a nut device (50) having a body comprising a first surface (bottom surface of 50, Fig. 7A) and second surface (51A) connected by an outer wall (52/53) and by a central threaded aperture (52B) with female threads for engaging the elongate fastening member (paragraph 93), and a deformation measurement device (7A) adapted to measure deformation of the body and determine the load applied, the deformation measurement device being received with the body, wherein the deformation measurement device is located circumferentially about the body (Fig. 7B),
wherein the second surface (51A) comprises a relief area (the rounded edge between threaded hole 52a and second surface 51A which can be seen in Fig. 7A and Fig. 12 is interpreted as such a relief area because nothing in the claim defines the relief area), and
wherein the second surface (51A) is configured to abut a workpiece (11) to be fastened (Fig. 7A),
whereby tensioning of the fastener causes the deformation of the body (paragraph 94).
The Examiner notes that the added phrase “or a load bearing member located between the second surface and the workpiece” need not be taught because of the use of the alternative language but nonetheless such a load bearing member is a commonly used washer.
With respect to independent claim 19, Saigo et al. set forth a method of determining a load applied to a fastening assembly comprising a fastener (61) and a nut device (50), the method comprising:
providing a fastener (61) comprising an elongate fastening member (2) having a male threaded distal end (4);
fixing the nut device (50) to the male threaded distal end, wherein the nut device has a body comprising a first surface (bottom surface of 50 in Fig. 7A) and second surface (51A) connected by an outer wall (52/53) and by a central threaded aperture (52B) with female threads, and a deformation measurement device (7A) being received or formed with the body, wherein the deformation measurement device is located circumferentially about the body (Fig. 7B),
wherein the second surface (51A) comprises a relief area (the rounded edge between threaded hole 52a and second surface 51A which can be seen in Fig. 7A and Fig. 12 is interpreted as such a relief area because nothing in the claim defines the relief area) and wherein the second surface (51A) is configured to abut a workpiece (11) to be fastened (Fig. 7A); and
determining the load applied to the elongate fastening member by:
measuring deformation of the nut device transversely to an axial direction of the elongate fastening member (paragraphs 94+), and
determining the load applied to the elongate fastening member from the deformation of the nut device (paragraphs 94+).
The Examiner notes that the added phrase “or a load bearing member located between the second surface and the workpiece” need not be taught because of the use of the alternative language but nonetheless such a load bearing member is a commonly used washer.
With respect to claim 20, Saigo et al. set forth locating the deformation measurement device around the body (Fig. 7B) and tensioning the fastener and/or nut device (paragraph 94).
With respect to claim 21, Saigo et al. set forth that the deformation measurement device (7A) comprises a measuring ring (Fig. 7B).
With respect to claim 22, Saigo et al. set forth that the deformation measurement device comprises a strain gauge (7A).
With respect to claim 23, Saigo et al. set forth that the deformation measurement device (7A) is located all the way around the periphery of the outer wall of the body (Fig. 7B).
With respect to claim 24, Saigo et al. set forth that the outer wall comprises a transitional surface (52) connecting the flange portion (53) and the remote portion (51).
With respect to newly added claims 25 - 27, Saigo et al. set forth a rounded edge between threaded hole 52a and second surface 51A (see Fig. 7A and Fig. 12) which is interpreted as a relief area as claimed because nothing in the claim defines the relief area otherwise. The relief area is interpreted as a void, as claimed, because of the rounded edge since the material that would present to create a sharp edge is missing.
35 U.S.C. § 103
Claims 6, 7, 12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Saigo et al. (2017/0138387).
With respect to claim 6, Saigo et al. fail to set forth that the relief area extends from the outer wall (outer wall of flange 53) to the central threaded aperture (Fig. 7A).
However, as pointed out above, confusion exists as to how such a feature, which is disclosed as a void, can extend from the outer wall to the central threaded aperture. But assuming that the relief area does not extend completely from the outer wall to the central threaded aperture, it would have been obvious to one having ordinary skill in the art to extend the relief area further from the central threaded aperture towards the outer wall than as shown by Saigo et al.
The motivation being to allow for easier acceptance of the nut device on the elongate fastening member (ie. bolt) when attaching the nut device to the elongate fastening member.
With respect to claim 7, Saigo et al. suggest that the relief area has a frustoconical shape as claimed because the shape of the relief area (Fig. 12) in Saigo et al. is the same as the Applicant’ relief area.
With respect to claim 12, Saigo et al. fail to set forth that the female threads of the nut device have a different uniform pitch than the uniform pitch of the male threads of the fastener.
However, it would have been obvious to one having ordinary skill in the art armed the Saigo et al. teaching to have a different uniform pitch between the male and female threads.
The motivation being to allow the nut device to be unthreaded from the fastener when the fastener is under stress and thus subject to deformation.
With respect to claim 17, Saigo et al. fail to set forth that the deformation measurement device (7A) measures the circumferential expansion of the body. However, it would have been obvious to one having ordinary skill in the art to measure the deformation by measuring the circumferential expansion of the body.
The motivation being that Saigo et al. set forth that as the stress on the nut device increases, the body of the nut device deforms (paragraphs 94+). As the stress increases, so does the deformation. Thus, by measuring this physical change of the body, the amount of stress on the body can be determined.
Response To Arguments
The Applicant’s arguments have been considered but have not been found to be persuasive. The Applicant states that independent claim 1 has been amended to recite that the second surface comprises a relief area and that the second surface is configured to abut a workpiece to be fastened. The Applicant argues that the applied prior art of Saigo et al. fail to teach such features. The Examiner disagrees.
Saigo et al. teach a relief area as claimed, for no specifics are set forth in claim 1 defining the relief area. As such, the Examiner has turned to the Applicant’s specification for guidance on the meaning of the relief area since the Applicant is arguing that the relief area patentably distinguishes the claims over the prior art. However, paragraph 39 of the specification sets forth that the relief area “is not essential to the present invention”. Thus, the disclosure sets forth that the now argued distinguishing characteristic of the invention is not essential to the invention.
Nonetheless, Saigo et al. set forth that the second surface (51A of Fig. 7A) has a rounded edge with the threaded hole (52a). This rounded edge is clearly shown in Fig. 12. This rounded edge is interpreted as the relief area because the edge is void of the material that would create a sharp edge. In other words, the sharp edge has been relieved.
These same arguments also pertain to independent claims 18 and 19 as well.
Continuing, the Examiner notes that the added limitation to each of independent claims 1, 18, and 19 of “wherein the second surface is configured to abut a workpiece to be fastened or a load bearing member located between the second surface and the workpiece” only requires one
of (a) the second surface to abut the workpiece or (b) the second surface to abut a load bearing member.
Saigo et al. set forth that the second surface (51A) abuts a workpiece (11) to be fastened by the nut (50) and bolt (61), for the purpose of a nut and bolt is to fasten a workpiece.
Although the second surface is not required to abut a load bearing member located between the second surface and the workpiece due to the alternative language, such a load bearing member is a washer which is well known and commonly used when a nut and bolt is used as a fastener.
As such, the Applicant’s claims have not been found to be patentably distinct over the teaching of Saigo et al.
CONTACT INFORMATION
Any inquiry concerning this communication from the Examiner should be directed to Eric S. McCall whose telephone number is 571-272-2183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eric S. McCall/Primary Examiner
Art Unit 2855