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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 26, 2026 has been entered.
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 23, 25-29 and 32-42 are rejected under 35 U.S.C. 103 as being unpatentable over Stone et al. (US 6,516,567) in view of Laak et al. (DE 19916786).
Regarding claim 23, Stone discloses and shows at Figs. 3-4 a spindle assembly for a spindle device, comprising:
a spindle nut 42d configured for being brought into threaded engagement with a spindle rod 44b; and
a tube 42 extending axially along a longitudinal axis;
wherein the tube, at least in a section, encircles the spindle nut radially and the spindle nut and the tube overlap in an axial overlap region (col. 4:18-22),
wherein the spindle nut is axially secured to the tube,
wherein the spindle nut and the tube are directly connected to one another in an inner region of the axial overlap region,
wherein the spindle nut is arranged at a first open end of the tube.
Stone does not specify how the spindle nut and tube are connected together. Laak discloses and shows at Fig. 3 a first member laser welded (Abstract) to a second member in an inner region of an axial overlap region, the spindle nut is held axially in place solely by the welding, and wherein the spindle nut protrudes from the first open end of the tube. The weld provides a rigid connection between the two members. Therefore, 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 Stone device to where the nut and tube are axially secured to one another by laser welding, providing a rigid connection thereto.
Cl. 25 – the spindle nut is made of plastic (Laak, both members, 20,21 are formed of plastic).
Cl. 26 – the spindle nut is made of laser-nontransparent plastic at least at an outer circumference (Laak, the plastic members are transparent or non-transparent).
Cl. 27 – the tube is made at least in sections of a plastic (Laak, both members, 20,21 are formed of plastic).
Cl. 28 – the tube is made entirely plastic (Laak).
Cl. 29 – the tube is made of a laser-transparent plastic (Laak, the plastic members are transparent or non-transparent).
Cl. 32 – the spindle nut is arranged concentrically about the longitudinal axis of the tube (Stone, col. 4:18-22).
Cl. 33 – the spindle nut and the tube touch in the axial overlap region (Stone).
Cl. 34 – a frictional connection exists between the spindle nut and the tube in the overlap region (Stone).
Cl. 35 – the spindle nut and the tube are connected to one another in the overlap region via at least one first welding point (Laak, Fig. 3).
Cls. 36-42 – Laak does not specify the number of weld points or weld seams (claims 36 and 42), the locations of the weld (claim 37) or the direction of the weld (claims 38-41). However, determining the number, location and direction of weld points or weld seams may be determined through the use of routine experimentation during the engineering process to optimize the functionality of the device, suited to the intended use and desired load carrying parameters.
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 combined Stone/Laak spindle assembly to detail the number, location and/or direction of weld points or weld seams which may be optimized to the desired operational and load carrying parameters through the use of routine experimentation. A person having ordinary skill in the art undertaking such experimentation would have had a reasonable expectation of success and the results would have been predictable.
Response to Arguments
Applicant’s arguments with respect to the rejected claims have been considered but are moot in view of new grounds.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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