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 § 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.
Claim 8 is 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 8, the “such as” is indefinite.
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 1-4, 6-7, 9 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wright (US 5,205,614). In the embodiment shown in Fig. 6, Wright disclose an adjustable protective cap arrangement comprising: a main part (32) capable of surrounding a ball joint nut (17) having a central through hole to receive a portion of a stud (18); a cap part (26) connected to a smaller diameter end (46) of the main part wherein the cap part is threaded to the main part (at 16) so the axial position of the cap part relative to the main part would be capable of adjustment depending on how far the cap part is threaded onto the main part; and an annular plug-in part (54). The main part includes the thread to be an external thread and the cap part includes the thread to be on an internal surface; the hexagonal shape the cap part is read as a knurl; the plug-in part is a set screw which is receivable in the through hole and is surrounded by the main part with an end read as an internal surfaces with is configured to mate with an external surface of the nut provide an interfacing surface to provide a rotational lock when mated (column 3, lines 59-61). The protective cap is on a vehicle.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wright as applied to claim 1 above, and further in view of Nason (US 5,028,093). Wright discloses the main part to have the cap part connected at a first end (46), a second end (52) and, an intermediate part between the first and second ends but, does not disclose the second end with a larger diameter flange. Nason discloses a protective cap (10) with a larger diameter flange (24) at a second end. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the protective cap of Wright with a flange at a second end as disclosed in Nason to provide a seal against the wheel as discussed in Nason (column 2, lines 45-47).
Allowable Subject Matter
Claim 8 appears would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 10-14 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cantrell (US 4,784,555), Swinderman (US 9,416,810) and Heintges (US 6,629,810) are cited to teach resilient plug-in parts. Cole (US 1,651,187) is cited to teach a knurl. Nadarajah (US 6,135,691) and Stevens (US 10,655,667) are cited to teach adjustable caps. Camisasca (US 8,051,690), D’Adamo (US 5,752,795) and Parenti (US 9,283,904) are cited to teach screw on caps parts to main parts.
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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