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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
Claim 5 is objected to for failing to conclude with a period.
Claim 19 is objected to because at the end of line 7, the period should be replaced with a semi-colon.
Appropriate correction is required.
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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0128319 (Paerewyck) in view of the publication, Gas nitriding (Bodycote).
Regarding claim 1, Paerewyck discloses a ball socket assembly (20; see Figures 1-5C), comprising:
a housing (22) with an inner bore (formed inside 22);
a bearing (30) received in said inner bore of said housing, said bearing being made as a monolithic piece of a plastic material (see paragraph [0012], lines 3-4), and said bearing having a curved bearing surface (32) which surrounds a ball cavity (formed inside 30);
a ball stud (28) having a ball portion (34) and a shank portion (36), said ball portion being received in said ball cavity of said bearing (see Figure 2), and said ball portion having an equator (see Figure 3 and paragraph [0004]);
said curved bearing surface of said bearing being in slidable contact with said ball portion of said ball stud on opposite axial sides of said equator (see paragraph [0004]);
said plastic material of said bearing comprising 8-12 mass percent polytetrafluoroethylene, 2-6 mass percent carbon fibers, and the remainder acetal (see paragraphs [0012] and [0033]); and
Paerewyck does not expressly disclose said ball stud having a hardened layer along at least a portion of its outer surface, the hardened layer being a Nitrox layer.
Bodycote teaches providing an object with a hardened layer along at least a portion of its outer surface, the hardened layer being a Nitrox layer (see lines 1-2 under “Gas nitriding”). Bodycote teaches such a layer promotes high resistance to wear, scuffing, galling and seizure, while increasing fatigue strength (see lines 1-3 under “Benefits of gas nitriding”). Therefore, 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 of Paerewyck such that said ball stud having a hardened layer along at least a portion of its outer surface, the hardened layer being a Nitrox layer, as taught in Bodycote, in order to promote high resistance to wear, scuffing, galling and seizure, while increasing fatigue strength.
Regarding claim 2, the combination of Paerewyck and Bodycote teaches an entire outer surface of the ball stud (28 of Paerewyck) includes the hardened layer (see paragraph under “Gas nitriding process details” in Bodycote; the entire outer surface of an object would be subjected to the process given the heated atmosphere).
Regarding claim 3, Paerewyck teaches the ball stud (28) includes a base material that is of an SAE-AISI 4140 steel or an SAE-AISI 5140 steel (see paragraph [0028]).
Regarding claim 4, Bodycote teaches said hardened layer includes an oxide zone and a compound zone (see lines 4-6 under “Gas nitriding process details”).
Regarding claim 5, the combination of Paerewyck and Bodycote teaches the ball socket assembly as set forth in claim 4, but does not expressly teach said oxide zone of the hardened layer has a thickness that is in the range of 2-3 µm.
Applicant is reminded that it has been held that where the general conditions of a claim are disclosed in the prior art (i.e. an oxide zone of a Nitride layer having a thickness), discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Therefore, 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 of the combination of Paerewyck and Bodycote such that the oxide zone of the hardened layer has a thickness that is in the range of 2-3 µm, as such a modification involves only routine skill in the art. One of ordinary skill in the art would have been motivated to make such a modification based on the amount of resistance desired from the Nitride layer. It is to be further noted Bodycote contemplates adjusting the thickness of the zones of the Nitride layer as desired in lines 8-12 under “Gas nitriding process details”.
Regarding claim 6, the combination of Paerewyck and Bodycote teaches the ball socket assembly as set forth in claim 5, but does not expressly teach said compound zone of said hardened layer has a thickness in the range of 24-28 µm.
Applicant is reminded that it has been held that where the general conditions of a claim are disclosed in the prior art (i.e. a compound zone of a Nitride layer having a thickness), discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Therefore, 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 of the combination of Paerewyck and Bodycote such that the compound zone of the Nitride layer has a thickness in the range of 24-28 µm, as such a modification involves only routine skill in the art. One of ordinary skill in the art would have been motivated to make such a modification based on the amount of resistance desired from the Nitride layer. It is to be further noted Bodycote contemplates adjusting the thickness of the zones of the Nitride layer as desired in lines 8-12 under “Gas nitriding process details”.
Regarding claim 7, Paerewyck teaches said bearing includes a plurality of fingers (46) that are spaced apart from one another by a plurality of slots (48) and wherein said fingers can flex outwardly when inserting said ball portion (34) of said ball stud (28) into a ball cavity of said bearing (30; see paragraph [0033]).
Regarding claim 8, Paerewyck teaches said bearing surface (32) of said bearing (30) is in contact with both an upper hemisphere and a lower hemisphere of said ball portion of said ball stud (28; see Figure 2 and paragraph [0031]).
Regarding claim 9, Paerewyck teaches said bearing (30) includes a recessed area (40; see Figure 3).
Regarding claim 10, Paerewyck discloses a method of making a ball socket assembly (20; see Figures 1-5C), comprising the steps of:
forming a ball stud (28) out of metal (see paragraph [0028]), the ball stud having a ball portion (34) and a shank portion (36);
forming a bearing (30) that has a curved bearing surface (32) of a plastic material that comprises 8- 12 mass percent polytetrafluoroethylene, 2-6 mass percent carbon fibers, and the remainder acetal (see paragraphs [0012] and [0033]); and
inserting the bearing and the ball stud into a housing (22) with an outer surface of the ball stud being in slidable contact with the curved bearing surface of the bearing (see Figure 2 and paragraph [0004]).
Paerewyck does not expressly disclose applying a Nitride layer to at least a portion of an outer surface of the ball stud.
Bodycote teaches applying a Nitride layer to at least a portion of an outer surface of an object (see lines 1-2 under “Gas nitriding”). Bodycote teaches such a layer promotes high resistance to wear, scuffing, galling and seizure, while increasing fatigue strength (see lines 1-3 under “Benefits of gas nitriding”). Therefore, 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 method of Paerewyck such that applying a Nitride layer to at least a portion of an outer surface of the ball stud, as taught in Bodycote, in order to promote high resistance to wear, scuffing, galling and seizure, while increasing fatigue strength.
Regarding claim 11, the combination of Paerewyck and Bodycote teaches the step of applying the Nitrox layer (taught by Bodycote) to the ball stud (28 of Paerewyck) includes subjecting the ball stud to a gas nitriding operation to form a compound zone and then subjecting the ball stud to an oxidation process to form an oxide zone (see paragraph under “Gas nitriding process details”).
Regarding claim 12, the combination of Paerewyck and Bodycote teaches the compound zone of the Nitride layer has a thickness in the range of 24-28 µm.
Applicant is reminded that it has been held that where the general conditions of a claim are disclosed in the prior art (i.e. a compound zone of a Nitride layer having a thickness), discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Therefore, 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 method of the combination of Paerewyck and Bodycote such that the compound zone of the Nitride layer has a thickness in the range of 24-28 µm, as such a modification involves only routine skill in the art. One of ordinary skill in the art would have been motivated to make such a modification based on the amount of resistance desired from the Nitride layer.
Regarding claim 13, the combination of Paerewyck and Bodycote teaches the method as set forth in claim 12, but does not expressly teach the oxide zone of the Nitride layer has a thickness in the range of 2-3 µm.
Applicant is reminded that it has been held that where the general conditions of a claim are disclosed in the prior art (i.e. an oxide zone of a Nitride layer having a thickness), discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Therefore, 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 of the combination of Paerewyck and Bodycote such that the oxide zone of the hardened layer has a thickness that is in the range of 2-3 µm, as such a modification involves only routine skill in the art. One of ordinary skill in the art would have been motivated to make such a modification based on the amount of resistance desired from the Nitride layer. It is to be further noted Bodycote contemplates adjusting the thickness of the zones of the Nitride layer as desired in lines 8-12 under “Gas nitriding process details”.
Regarding claim 14, the combination of Paerewyck and Bodycote teaches the step of applying the Nitrox layer to the ball stud (28 of Paerewyck) includes applying the Nitrox layer to an entire outer surface of the ball stud (see paragraph under “Gas nitriding process details” in Bodycote; the entire outer surface of an object would be subjected to the process given the heated atmosphere).
Regarding claim 15, Paerewyck teaches the bearing (30) includes a plurality of fingers (46) that surround a ball cavity and are spaced apart from one another by a plurality of slots (48) that extend form an open end of the bearing (see Figure 3).
Regarding claim 16, Paerewyck teaches the step of deflecting the fingers (46) of the bearing while inserting the ball portion (34) of the ball stud (28) into the ball cavity of the bearing (30; see paragraph [0033]).
Regarding claim 17, Paerewyck teaches the curved bearing surface (32) of the bearing (30) is in slidable contact with an upper hemisphere of the ball portion (34) of the ball stud (28) and a lower hemisphere of the ball portion of the ball stud (see Figure 2 and paragraph [0031]).
Regarding claim 18, Paerewyck teaches the metal of the ball stud (28) is SAE-AISI 4140 steel or is SAE-AISI 5140 steel (see paragraph [0028]).
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Paerewyck in view of Bodycote and US 9,175,720 (Adamczyk)
Regarding claim 19, Paerewyck discloses a method of making a ball socket assembly (20; see Figures 1-5C), comprising the steps of:
forming a ball stud (28) out of SAE-AISI 4140 steel or SAE-AISI 5140 steel (see paragraph [0028]), the ball stud having a ball portion (34) and a shank portion (36);
forming a bearing (30) that has a curved bearing surface (32) of a plastic material that comprises 8- 12 mass percent polytetrafluoroethylene, 2-6 mass percent carbon fibers, and the remainder acetal (see paragraphs [0012] and [0033]); and
inserting the bearing and a portion of the ball stud into a housing (22) with an outer surface of the ball stud being in slidable contact with the curved bearing surface of the bearing (see Figure 2 and paragraph [0004]).
Paerewyck does not expressly disclose subjecting the ball stud to a gas nitration operation in an oven to create a zone in the ball stud that has dissolved nitrogen and hard nitrogen precipitates; and
subjecting the ball stud to an oxidation process to form a zone in the ball stud that has Fe3O4.
Bodycote teaches subjecting an object to a gas nitration operation in an oven (see “520°C/970°F” and “atmosphere” in the paragraph under “Gas nitriding process details”) to create a zone in the object that has dissolved nitrogen and hard nitrogen precipitates (see lines 4-6 under “Gas nitriding process details”); and subjecting the object to an oxidation process to form a zone in the object (see lines 8-12 under “Gas nitriding process details”). Bodycote teaches this method promotes high resistance to wear, scuffing, galling and seizure, while increasing fatigue strength (see lines 1-3 under “Benefits of gas nitriding”). Therefore, 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 method of Paerewyck to include subjecting the ball stud to a gas nitration operation in an oven to create a zone in the ball stud that has dissolved nitrogen and hard nitrogen precipitates; and subjecting the ball stud to an oxidation process to form a zone in the ball stud, as taught in Bodycote, in order to promote high resistance to wear, scuffing, galling and seizure, while increasing fatigue strength.
The combination of Paerewyck and Bodycote does not expressly teach the zone formed in the oxidation process having Fe3O4.
Adamczyk teaches a zone formed in an oxidation process having Fe3O4 ensures additional stability of the nitride layer (see column 3, lines 23-30). Therefore, 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 method of the combination of Paerewyck and Bodycote such that the zone formed in the oxidation process has Fe3O4, as taught in Adamczyk, in order to ensure additional stability of the nitride layer.
Regarding claim 20, Bodycote teaches the oven is set at a temperature of between five hundred and five hundred and fifty degrees Celsius (500-550°C; see line 1 under “Gas nitriding process details”).
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) 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 Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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, Amber Anderson can be reached on (571)270-5281. 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.
/Josh Skroupa/Primary Examiner, Art Unit 3678
October 21, 2025