DETAILED ACTION
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Siemens Gamesa (WO 2020/035770).
As to claim 1, Siemens Gamesa discloses an assembly, comprising:
a first member 18 and a second member 35, wherein;
the second member has a fork-shaped cross section with a main body arranged between two substantially parallel walls 36 that each comprise at least one passage 41;
the first member is arranged between the two walls of the second member in abutting contact with a face of the main body of the second member, the first member comprising a passage 42;
said passage of the first member and the passages of the second member define a channel;
a connector that is axially insertable into said channel to an end position and consecutively expandable radially relative to said channel, to connect the first and second member relative to each other by pushing, in an expanded state of the connector, the first member in a radial direction relative to said channel against the face of the main body of the second member to define a clamping contact and thereby a pre-tensioned connection in said radial direction relative to said channel between the face of the main body of the second member and faces defined by the passages in the substantially parallel walls of the second member;
wherein said connector exhibits a length extending in a longitudinal direction of the channel and comprises:
a first expansion block 25’ that is configured to contact the faces defined by the passages in the substantially parallel walls of the second member;
a second expansion block 25 that is configured to push the first member against the face of the main body of the second member; and
one or more than one wedge 26’ that is arranged in between the first expansion block and the second expansion block, and that is configured to be displaced longitudinally relative to the channel to thereby radially expand the connector relative to the channel,
wherein at a cross section halfway the length of the connector, a cross sectional area and a height of the first expansion block in the radial direction relative to said channel is smaller than a cross sectional area and a height of the second expansion block in said radial direction relative to said channel (Figure 13).
Siemens Gamesa discloses an assembly wherein the first expansion block is configured to contact the faces defined by the passages in the substantially parallel walls of the second member, and the second expansion block is configured to push the first member against the face of the main body of the second member; instead of the first expansion block being configured to push the first member against the face of the main body of the second member, and the second expansion block being configured to contact the faces defined by the passages in the substantially parallel walls of the second member. Siemens Gamesa does not disclose any structural of functional significance as to which of the first and second expansions blocks engage which of the first and second members, nor the reversal of such components (P10 L11-16).
Applicant is reminded that the reversal of components in a prior art reference, where there is no disclosed structural or functional significance to such reversal, is a design consideration within the skill of the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly disclosed by Siemens Gamesa wherein the first expansion block is configured to push the first member against the face of the main body of the second member, and the second expansion block is configured to contact the faces defined by the passages in the substantially parallel walls of the second member, as Siemens Gamesa does not disclose any structural of functional significance as to which of the first and second expansions blocks engage which of the first and second members, nor the reversal of such components, and as such reversal is a design consideration within the skill of the art.
As to claim 2, Siemens Gamesa discloses an assembly wherein, at the cross section halfway the length of the connector, the height of the first expansion block 25’ in the radial direction relative to said channel is equal to or less than 66% of the height of the second expansion block 25 in said radial direction relative to said channel (Figure 13).
As to claim 3, Siemens Gamesa discloses an assembly wherein, at the cross section halfway the length of the connector, the cross sectional area of the first expansion block 25’ is equal to or less than 66% of the cross sectional area of the second expansion block 25 (Figure 13).
As to claim 4, Siemens Gamesa discloses an assembly wherein, at the cross section halfway the length of the connector, the height of the first expansion block 25’ in the radial direction relative to said channel is at least 50% of a radius of a side of the passage in the first member 18 that is directed towards the main body of the second member 35 (Figure 13).
As to claim 5, Siemens Gamesa discloses an assembly wherein, at the cross section halfway the length of the connector, the height of the first expansion block 25’ in the radial direction relative to said channel is in the range of 100%-125% of the radius of the side of the passage in the first member 18 that is directed towards the main body of the second member 35 (Figure 13).
As to claim 6, Siemens Gamesa discloses an assembly wherein:
the one or more than one wedge 26’ comprises a first sliding surface in contact with the first expansion block 25’ and a second sliding surface that is in contact with the second expansion block 25;
the first sliding surface encloses a first angle α relative to the longitudinal direction of the channel;
the second sliding surface encloses a second angle β relative to the longitudinal direction of the channel; and
the first angle α is smaller than the second angle β (Figure 13).
As to claim 7, Siemens Gamesa discloses an assembly wherein the first angle α is in the range of 0–15o (Figure 13).
As to claim 8, Siemens Gamesa discloses an assembly wherein the second angle β is in the range of 5–30o (Figure 13).
As to claim 9, Siemens Gamesa discloses an assembly wherein the connector comprises a wedge 26’ on each side relative to the cross section halfway the length of the connector (Figure 13).
As to claim 10, Siemens Gamesa discloses an assembly wherein the wedges 26’ are arranged in a mirrored arrangement relative to the cross section halfway the length of the connector (Figure 13).
As to claim 11, Siemens Gamesa discloses an assembly wherein the height of first expansion block 25’ reduces towards one or more than one longitudinal end thereof (Figure 13).
As to claim 12, Siemens Gamesa as modified discloses an assembly wherein the second expansion block 25 is configured to abut the faces defined by the passages in the substantially parallel walls of the second member 35 only at or near longitudinal ends of said second expansion block when the connector is in an unloaded state, prior to the connector being expanded to the expanded state thereof (Figure 13).
As to claim 13, Siemens Gamesa as modified discloses an assembly wherein the second expansion block 25 is configured to abut the faces defined by the passages in the substantially parallel walls of the second member 35 over at least half of the length of said faces when the connector is radially expanded to the expanded state to define the pre-tensioned connection (Figure 13).
As to claim 14, Siemens Gamesa as modified discloses an assembly wherein an outer end of the second expansion block 25 and the faces defined by the passages in the substantially parallel walls of the second member 35 enclose an angle ϒ <2o upon initial contact in the unloaded state of the connector (Figure 13).
As to claim 15, Siemens Gamesa discloses an assembly wherein the angle ϒ is defined by a corresponding shape or curvature of at least an outer end of the second expansion block 25 (Figure 13).
As to claim 16, Siemens Gamesa discloses an assembly wherein the material of the second expansion block 25 exhibits a higher yield strength than the material of first expansion block 25’ (Figure 13).
As to claim 17 as best understood, Siemens Gamesa as modified discloses an assembly wherein the first expansion block 25’ comprises an abutting surface that is configured to abut the first member 18 when the connector is radially expanded to the expanded state to define the pre- tensioned connection;
wherein the abutting surface is shaped such that, in the compacted state, a distance between the abutting surface and the first member in the radial direction is smaller between a central portion of the abutting surface and the first member than between an outer portion of the abutting surface and the first member (Figure 13).
As to claim 18, Siemens Gamesa discloses a method of assembling a first and a second member 18,35 that each comprise at least one passage 42,41, wherein the second member 35 has a fork-shaped cross section with a main body arranged between two substantially parallel walls 36 that each comprise at least one passage 41, said method comprising the steps of:
arranging the first member 18 between the two walls of the second member;
positioning the passages of the first and the second member to define a channel;
providing a connector that comprises:
a first expansion block 25’ that is configured to contact faces defined by the passages in the substantially parallel walls of the second member;
a second expansion 25 block that is configured to push the first member against a face of the main body of the second member; and
one or more than one wedge 26’ that is arranged in between the first expansion block and the second expansion block, and that is configured to be displaced longitudinally relative to the channel by an actuator 30 to thereby radially expand the connector;
inserting the connector into the channel to an end position;
consecutively expanding said connector radially relative to said channel, to thereby connect the first and second member relative to each other; and
the expanded connector pushing the first member in a radial direction relative to said channel against the face of the main body of the second member to define a clamping contact and thereby a pre-tensioned connection in the radial direction relative to said channel between the face of the main body of the second member and faces defined by the passages in the substantially parallel walls of the second member,
wherein the step of providing the connector comprises providing a connector of which, at a cross section halfway the length of the connector, the cross sectional area and the height of the first expansion block in the radial direction relative to said channel is smaller than the cross sectional area and the height of the second expansion block in said radial direction relative to said channel (Figure 13).
Siemens Gamesa discloses an assembly wherein the first expansion block is configured to contact the faces defined by the passages in the substantially parallel walls of the second member, and the second expansion block is configured to push the first member against the face of the main body of the second member; instead of the first expansion block being configured to push the first member against the face of the main body of the second member, and the second expansion block being configured to contact the faces defined by the passages in the substantially parallel walls of the second member. Siemens Gamesa does not disclose any structural of functional significance as to which of the first and second expansions blocks engage which of the first and second members, nor the reversal of such components (P10 L11-16).
Applicant is reminded that the reversal of components in a prior art reference, where there is no disclosed structural or functional significance to such reversal, is a design consideration within the skill of the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly disclosed by Siemens Gamesa wherein the first expansion block is configured to push the first member against the face of the main body of the second member, and the second expansion block is configured to contact the faces defined by the passages in the substantially parallel walls of the second member, as Siemens Gamesa does not disclose any structural of functional significance as to which of the first and second expansions blocks engage which of the first and second members, nor the reversal of such components, and as such reversal is a design consideration within the skill of the art.
As to claim 19, Siemens Gamesa as modified discloses a method wherein the step of inserting the connector into the channel to an end position comprises an end position wherein the second expansion block 25 abuts the faces defined by the passages in the substantially parallel walls of the second member 35 only at or near longitudinal ends of said second expansion block when the connector is in an unloaded state (Figure 13).
As to claim 20, Siemens Gamesa as modified discloses a method wherein the step of the expanded connector pushing the first member 18 in the radial direction relative to said channel comprises deforming the second expansion block 25 of the connector until the second expansion block abuts the faces defined by the passages in the substantially parallel walls of the second member 35 over at least half of the length of said faces when the connector is radially expanded to the expanded state to define the pre-tensioned connection (Figure 13).
Response to Arguments
Applicant's arguments filed April 30, 2026 have been fully considered but they are not persuasive.
As to claims 1 and 18, Attorney argues that:
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly disclosed by Siemens Gamesa wherein the first expansion block is configured to push the first member against the face of the main body of the second member, and the second expansion block is configured to contact the faces defined by the passages in the substantially parallel walls of the second member, as Page 10 Lines 14-16 of the Siemens Gamesa reference discloses that the parallel sides of first expansion block 25’ better facilitate disassembly, and as it would be difficult to place first expansion block 25’ and wedges 26’ on top of the inclined surfaces of second expansion block 25 as the wedges would slide off due to gravity.
Examiner disagrees. As to claims 1 and 18, Siemens Gamesa discloses an assembly wherein the first expansion block 25’ is configured to contact the faces defined by the passages 41 in the substantially parallel walls 36 of the second member 35, and the second expansion block 25 is configured to push the first member 18 against the face of the main body of the second member (Figure 13); instead of the first expansion block being configured to push the first member against the face of the main body of the second member, and the second expansion block being configured to contact the faces defined by the passages in the substantially parallel walls of the second member. Siemens Gamesa does not disclose any structural of functional significance as to which of the first and second expansions blocks engage which of the first and second members, nor the reversal of such components (P10 L11-16).
Applicant is reminded that the reversal of components in a prior art reference, where there is no disclosed structural or functional significance to such reversal, is a design consideration within the skill of the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly disclosed by Siemens Gamesa wherein the first expansion block is configured to push the first member against the face of the main body of the second member, and the second expansion block is configured to contact the faces defined by the passages in the substantially parallel walls of the second member, as Siemens Gamesa does not disclose any structural of functional significance as to which of the first and second expansions blocks engage which of the first and second members, nor the reversal of such components, and as such reversal is a design consideration within the skill of the art.
As to Attorney’s argument regarding Page 10 Lines 14-16 of the Siemens Gamesa reference disclosing that the parallel sides of first expansion block 25’ better facilitate disassembly, Examiner notes that such argument is mere conjecture. While indeed the Siemens Gamesa reference does recite that the parallel sides of first expansion block 25’ “better facilitate disassembly”, this merely states that the parallel sides provide for ease of removal from the aligned passages in the first and second members due to such sides allowing the first expansion block to be removed prior to the wedges without interference therebetween. Such ease of removal of the first expansion block would clearly present whether the expansion block was on top or on bottom of the wedges. Moreover, Siemens Gamesa does not disclose any structural of functional significance as to whether the assembled first and second expansion blocks and wedges are rotated and inserted within the aligned passages of the first and second members such that first expansion block 25’ is disposed on top or on bottom of wedges 26’, as Figures 8-10 clearly disclose that the first and second expansion blocks and the wedges are assembled prior to being inserted as a single connector unit into the aligned passages in the first and second members; thus both orientations would provide for the same exact assembly process and functionality.
As to Attorney’s argument that it would be difficult to place first expansion block 25’ and wedges 26’ on top of the inclined surfaces of second expansion block 25 as the wedges would slide off due to gravity, Examiner notes that such allegation is mere conjecture. Clearly the inclined surfaces of second expansion block 25 disclosed within the embodiment of Figures 4-11 do not inhibit or preclude the assembly of the first and second expansion blocks and wedges within the aligned passages of the first and second members, as clearly illustrated in Figures 8-10.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm 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, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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05/15/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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