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 of Group I in the reply filed on 1/16/2016 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Accordingly, Claims 22-24 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b).
Drawings
The drawings are objected to because in Fig. 3 it is unclear why the washer is shown in phantom. 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.
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 18-20 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. In claim 18, line 6, it is unclear what center “a center” is referencing; and it is unclear if the screw is intended to be claimed because it contradicts the washer defined in the preamble. Each of claims 19 and 20 is indefinite because the spacing of the periphery is unclear and the “d-b” is also indefinite because from the drawings it appears the “d” is larger than the “b”. The claims were examined as best understood.
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 11-14, 17-20 and 25-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hahner (US 9,121,436). Hahner discloses a washer (12) for covering a slot (20) in a metal construction (22) comprising: a disc body (16, 18); a bore (24) in the disc body; wherein the bore is asymmetrical in the disc body (Figs. 4 and 6). The bore has a length along a length of the washer (LA1) which is greater than a width (D2) and a distance from an end of the bore to the farther periphery along the length of the washer (LA1) is greater than 1.5 times the distance from bore to the closer periphery and is greater than the difference in the bore’s length to width plus twice the shorter distance (best seen in Fig. 2). The ratio of the bore’s length to width is shown of be less than 1.5 (Figs 4 and 6). The bore is mostly on a first half of the disc where it does no protrude more than one half of its width (R2) into the second half where it is more than 70% in the first half (Fig. 6) and the limitations with respect to the screw are intended use which Hahner would be capable of with an appropriately sized screw. In regards to claims 19 and 20, Hahner’s Figs. 4 and 6 shows a “spacing” similar to the instant invention which would anticipate the claimed equations as best understood. In regard to claim 20, there is a fastener (38) received through the slot and bore where the aligning is a recitation of intended use of which Hahner would be capable of.
Claims 11, 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maechtle (DE 29 01 322). Maechtle discloses a washer (19) for covering a slot (15) in a metal construction (1) comprising: a disc body (19); a bore (17) in the disc body; wherein the bore is asymmetrical in the disc body (Fig. 2). The washer body is shown with a length within the range of 1.5 to 3 times its width.
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.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Hahner. Hahner discloses the construction is a mounting plate but does not disclose the mounting plate in a rail vehicle. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to use the mounting plate disclosed in the Hahner in a rail vehicle because it advantageously compensates for misalignments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The reference cited teach other examples of washers with offset bores.
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