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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species III in the reply filed on 5/22/2026 is acknowledged. Claims 8, 9, 12 and 15 are further withdrawn due to its dependency upon a withdrawn claim. Claims 1-4, 6, 10-11, 13-14 and 17-30 are pending and examined below.
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 6 and 20 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.
Claims 6 and 20 recite the limitation "the first internal wall". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4, 6,10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Espinosa (U.S. Patent No. 9,097,000).
Regarding claim 1, Espinosa discloses a bearing plate (88, Figs. 12 and 13), comprising a planar body including a thickness, width, and length; a first hole (1st Hole, Reproduced Figs. 12 and 13) and a second hole (2nd Hole, Reproduced Figs. 12 and 13) disposed in the thickness and width of the body, the first hole and the second hole extending through the length of the body; and the first hole is shaped differently from the
second hole (Figs. 12 and 13).
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Regarding claim 2, Espinosa discloses the first hole (1st Hole) is smaller in cross-sectional area than the second hole (2nd Hole).
Regarding claim 3, Espinosa discloses wherein the body includes a first sidewall (92) adjacent to the first hole and a first internal wall (90) between the first hole and the second hole, the side wall has a uniform thickness; and the first internal wall has a first thickness at a bottom portion and a top portion that continuously becomes a thinner second thickness toward a center portion of the first internal wall (Fig. 12).
Regarding claim 4, Espinosa discloses wherein the body includes a top wall (94), a bottom wall (96), and a sidewall (92) adjacent to the first hole; and the sidewall is perpendicular to the top wall and the bottom wall (Figs. 12 and 13).
Regarding claim 6, Espinosa discloses wherein the first internal wall (90) includes a radius surface in the first hole (1st Hole); the radius surface extends from the bottom wall to the top wall (Figs. 12 and 13).
Regarding claim 10, Espinosa discloses a third hole (3rd Hole) is disposed adjacent to the second hole in the thickness and width of the body, the third hole extending through the length of the body (Figs. 12 and 13).
Regarding claim 13, Espinosa discloses wherein the body includes second internal wall (90) between the second hole and the third hole (Figs. 12 and 13).
Claim(s) 25-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Almy et al. (U.S. Patent No. 9,755,571).
Regarding claim 25, Almy et al. discloses a bearing plate (22), comprising a body including a top wall (Top Wall, Reproduced Fig. 2), a bottom wall (approximate 21), a first sidewall (1st Sidewall) and a second sidewall (2nd Sidewall), the body including a thickness, width, and length; a first hole (1st Hole) and a second hole (2nd Hole) disposed in the thickness and width of the body, the first hole and the second hole extending through the length of the body, the first hole and the second hole being adjacent the first sidewall and the second sidewall, respectively; and the first hole being shaped differently from the second hole (Fig. 2).
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Regarding claim 26, Almy et al. discloses wherein the first hole (1st Hole) is a mirror image of the second hole (2nd Hole).
Regarding claim 27, Almy et al. discloses a third hole (3rd Hole) is disposed between the first hole and the second hole in the thickness and width of the body, the third hole extending through the length of the body (Fig. 2).
Regarding claim 28, Almy et al. discloses the third hole (3rd Hole) includes a cross-sectional area larger than a cross-sectional area of the first hole (Fig. 2).
Claim(s) 1, 10-11, 13-14, 17-22, and 24-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pallitto et al. (U.S. Patent Publication No. 2011/0006168).
Regarding claim 1, Pallitto et al. discloses a bearing plate (20, Figs. 13 and 14), comprising a planar body including a thickness, width, and length; a first hole (282A) and a second hole (282C) disposed in the thickness and width of the body, the first hole and the second hole extending through the length of the body; and the first hole is shaped differently from the second hole (Figs. 13 and 14).
Regarding claim 10, Pallitto et al. discloses a third hole (282D) is disposed adjacent to the second hole in the thickness and width of the body, the third hole extending through the length of the body (Figs. 13 and 14).
Regarding claim 11, Pallitto et al. discloses wherein the third hole (282D) is a mirror image of the second hole (282C).
Regarding claim 13, Pallitto et al. discloses wherein the body includes second internal wall (290) between the second hole and the third hole (Figs. 13 and 14).
Regarding claim 14, Pallitto et al. discloses wherein the second internal wall (290) is planar.
Regarding claim 17, Pallitto et al. discloses wherein a fourth hole (282B) is disposed adjacent to the third hole (282D) in the thickness and width of the body, the fourth hole (282B) extending through the length of the body.
Regarding claim 18, Pallitto et al. discloses wherein the fourth hole (282B) is a mirror image of the first hole (282A).
Regarding claim 19, Pallitto et al. discloses wherein the body includes third internal wall (288) between the third hole (282D) and the fourth hole (282B).
Regarding claim 20, Pallitto et al. discloses wherein the third internal wall (282D) is a mirror image of a first internal wall (286).
Regarding claim 21, Pallitto et al. discloses wherein a second sidewall (256, 258) is disposed adjacent to the fourth hole (282B).
Regarding claim 22, Espinosa discloses wherein the second sidewall is perpendicular to the top wall and the bottom wall (at a point approximate 228 Figs. 13-14).
Regarding claim 24, Pallitto et al. discloses herein the body includes a sidewall curved inwardly into the first hole (Figs. 13-14).
Regarding claim 25, Pallitto et al. discloses a bearing plate (20, Figs. 13-14), comprising a body including a top wall (224), a bottom wall (226), a first sidewall (252, 254) and a second sidewall (256, 258), the body including a thickness, width, and length; a first hole (282A) and a second hole (282B) disposed in the thickness and width of the body, the first hole and the second hole extending through the length of the body, the first hole and the second hole being adjacent the first sidewall and the second sidewall, respectively; and the first hole being shaped differently from the second hole (Figs. 13-14 ).
Regarding claim 26, Pallitto et al. discloses wherein the first hole (282A) is a mirror image of the second hole (282B).
Regarding claim 27, Pallitto et al. discloses a third hole (282D) is disposed between the first hole and the second hole in the thickness and width of the body, the third hole extending through the length of the body (Figs. 13-14).
Regarding claim 28, Pallitto et al. discloses the third hole (282D) includes a cross-sectional area larger than a cross-sectional area of the first hole (282A, Figs. 13 and 14).
Regarding claim 29, Pallitto et al. discloses a fourth hole (282C, Fig. 14) is disposed between the first hole (282A) and the third hole (282D) in the thickness and width of the body, the third hole extending through the length of the body.
Regarding claim 30, Pallitto et al. discloses the fourth hole (282C) is a mirror image of the third hole (282D).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pallitto et al. (U.S. Patent Publication No. 2011/0006168).
Regarding claim 23, Espinosa discloses wherein the first hole (282A), comprising a shape, but does disclose a shape that includes a first radius convex surface and a second radius concave surface. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have an oping that comprised a first radius convex surface and a second radius concave surface as a matter of design choice, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. There would be no new or unpredictable results achieved from having an opening that had asymmetrical shape of any sort.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
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