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 .
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 Wu (US 10,036,482) in view of Laak et al. (DE 19916786) and further in view of Scheuring et al. (US 10,767,412).
Regarding claim 23, Stone discloses and shows at Figs. 4-8 a spindle assembly for a spindle device, comprising:
a spindle nut 51 configured for being brought into threaded engagement with a spindle rod 41; and
a tube 50 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,
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 and wherein the spindle nut protrudes from the first open end of the tube.
Wu does not specify how the spindle nut and tube are connected together. Laak discloses and shows at Fig. 3 a first member 20 axially secured to a second member 21 by laser welding (Abstract), the first member and second member are directly welded to one another in an inner region of an axial overlap region and wherein the second member is held in place solely by the welding.
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 Wu device to where the nut and tube are axially secured to one another by laser welding, providing a rigid connection thereto.
Further, Wu does not show a second end opposite of the first end. Scheuring discloses and shows at Fig. 8i a spindle assembly having a spindle nut 258 configured for being brought into threaded engagement with a spindle rod 240 axially secured to a tube 281 extending axially along a longitudinal axis, wherein the tube has a connecting section at a second end opposite the first open end, the connecting section being designed as an external thread (at 283, col. 15:24-29) where an end cap 218 is removably provided.
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 Wu/Laak device to include an external threading at a second end of the tube as shown by Scheuring so as to removably attach an end cap or end member to connect the spindle device to its final connecting device or assembly (door, for example).
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 (Wu).
Cl. 33 – the spindle nut and the tube touch in the axial overlap region (Wu).
Cl. 34 – a frictional connection exists between the spindle nut and the tube in the overlap region (Wu).
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 Wu/Laak/Scheuring 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
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 BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
Prosecution Insights