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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the “two prongs” added to claims 17 and 18.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11, 13-14, 16, 20, 22, 27 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jones (US 830,595). Jones discloses a screw nut (9) with a cage (Fig. 4) formed of one piece of sheet metal. The cage includes a holding section (11) and a clamping section (read as an edge of the cage; see Fig. 3). The holding section having a closed opening (12) wherein the screw nut is arranged; the opening includes multiple lugs (13) contacting every other of the four lateral torque transmission sides (9) of the screw nut to axially fix the cage to the screw nut. There is gap between the screw nut and cage opening. And the opening includes additional positive locking elements in contact with the screw edge regions for torque anchoring.
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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, 21 and 26 is rejected under 35 U.S.C. 103 as being unpatentable over Jones as applied to claim 11 above, and further in view of Tischer (DE 1-2020 109 386). Jones does not disclose one lug provided for each torque transmission surface. Tischer discloses screw nut with a screw cage similar to Jones but where one lug is provided for each torque transmission surface. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide Jones with one lug for each torque transmission surface as disclosed in Tischer because the additional lugs would yield the same predictable results and may also improve the axial fixation. Once the combination is made, the gap pointed to above anticipates the sections where the opening is larger than the screw nut.
Claims 15, 23-25 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Jones or Jones in view of Tischer as applied to claims 11-14 above and further in view of Klos (US 7,160,630). Neither Jones nor Jones in view of Tischer disclose the screw nut comprises a corrosion protection coating that contains zinc. Klos discloses a screw nut with a corrosion protection coating that contains zinc (Abstract). Before the effective filing date of the claimed invention it would have been obvious for of ordinary skill in the art to provide the screw nut of Jones and Jones in view of Tischer with a corrosion protection coating that contains zinc as disclosed in Klose for the same reason of inhibiting corrosion.
Claims 19 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Jones or Jones in view of Tischer as applied to claims 11 and 12 above and further in view of Wilson (US 8,491,247). Neither Jones nor Jones in view of Tischer disclose the screw nut to have an M10, M12 or M14 thread. Wilson disclose the M12 thread to be conventional (paragraph bridging columns 7 and 8). Before the effective filing date of the claimed invention it would have been obvious for of ordinary skill in the art to provide the screw nut of Jones and Jones in view of Tischer with an M12 thread because Wilson teaches the thread as conventional for it to mate with conventional studs.
Allowable Subject Matter
Claims 17 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Remarks
Applicant argues that the amendments to claim 11, which is essentially adding limitation from claims 16, 28 and 29 define over Jones. Applicant argues that the office action does not clearly identify the additional locking elements even though the Office Action clearly pointed to the elements in annotated Fig. 4 of Jones. In annotated Fig. 4 of Jones the Office Action points to the corners defining the opening in holding section as the additional locking elements which is the same as what the instant application defines as the additional locking elements. And those additional locking elements are between the lugs 13.
The applicant argues the use of Official Notice. In response, the current Office Action has replaced the Official Notice with references thus making the argument moot
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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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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