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 .
Status of the Claims
Claims 1-19 are pending in the application.
Claims 2-4, 7, 9-15, and 18 have been withdrawn from current consideration as being drawn to a non-elected species (see below).
Claims 1, 5-6, 8, 16-17, and 19 remain under current consideration by the Examiner.
Election/Restrictions
Applicant’s election without traverse of Species II (Fig. 3), corresponding to claims 1, 5-6, 8, 16-17, and 19 (see note below), in the reply filed on 20 January 2026 is acknowledged.
Claims 2-4, 7, 9-15, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 January 2026.
Note: Examiner notes that Applicant also indicated that claim 12 was believed to be encompassed by the elected Species II (Fig. 3). However, since claim 12 depends from non-elected claim 3, claim 12 is also non-elected. Therefore, claim 12 has been additionally withdrawn by the Examiner.
Information Disclosure Statement
The information disclosure statement filed 02 July 2025 fails to comply with 37 CFR 1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in a section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates that the list is an information disclosure statement. The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered.
In this case, the IDS form filed 07/02/2025 has been left blank, with no references listed thereon.
Claim Interpretation – Functional Language
From the outset, it should be noted that some of the language in the claims is functional in nature. For example, in claims 1, 5, 6, and 8 the language related to a “thrust pad” and a “carrying member” is functional in nature and limited patentable weight is given to this section of the claim. Additionally, Examiner notes that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does and thus, a prior art device must only be capable of performing the stated function in order to read on the functional limitation. In this instance, the prior art discloses every structural limitation of the claim and thus this limitation fails to distinguish the claimed apparatus from that of the prior art. Please see MPEP 2114.
[Examiner notes that this section of the Office Action does not constitute a rejection or objection, but is merely meant to indicate the manner in which the claims have been interpreted by the Examiner.]
By contrast, in claims 16, 17, and 19, the “thrust pad” and the “carrying member” are positively claimed as part of the claimed “gearbox” and thus are positively required in these claims.
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.
Claims 1, 5-6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wagner (US Patent 4,732,519).
Re Claim 1: Wagner discloses a fastening apparatus (10), for connecting a thrust pad (for example, as show for rocker cover arm 44 in combination with grommet 16) to a carrying member (for example, as shown for second workpiece 46; see note above related to these functional elements), wherein the thrust pad (44, 16) is provided with a first recess (provided at the top surface of rim 40, particularly within the rim formed at raised annular abutment 35; see annotated Fig. 5 below) and a communication hole (the internal bore of grommet 16, receiving washer sleeve 32 of the washer 14) communicating with the first recess, the carrying member (46) is provided with a threaded hole (48), an aperture of the communication hole is greater than an aperture of the threaded hole (see Fig. 5), the fastening apparatus comprises a bolt (12) and a connection structure (14), an end cap (18, 20) of the bolt is disposed in the first recess (see Fig. 5), a screw (26) of the bolt passes through the connection structure (14) and is threaded into the threaded hole (48), and the connection structure (14) is able to be clamped between the end cap (18, 20) and the carrying member (46).
Re Claim 5: Wagner discloses a fastening apparatus (10), wherein the connection structure (14) comprises a flange pad (34) and a bushing body (32) that are connected to each other, the flange pad (34) is disposed in the first recess (see Fig. 5), the bushing body (32) is disposed in the communication hole (see Fig. 5), the flange pad (34) is clamped between the end cap (18, 20) and a bottom of the first recess, and a reserved gap (see annotated Fig. 5 below) is formed between the bushing body (32) and the carrying member (46).
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Re Claim 6: Wagner discloses a fastening apparatus (10), wherein the flange pad (34) and the bushing body (32) are integrally structured, or the flange pad and the bushing body are separably structured.
Re Claim 8: Wagner discloses a fastening apparatus (10), wherein the thrust pad (44, 16) further comprises a second recess (the lower outwardly-flared portion of grommet 16, shown at notched portion 47; Fig. 5), the first recess and the second recess communicate with two sides of the communication hole respectively, an area of a bottom of the first recess and an area of a bottom of the second recess are each greater than an opening area of the communication hole, and an opening of the second recess faces the carrying member (46); and the connection structure (14) comprises a flange pad (34) and a bushing body (32), the flange pad (34) is disposed in the first recess (see Fig.5), the bushing body (32) is disposed in the communication hole (see Fig. 5), the flange pad (34) is clamped between the end cap (18, 20) and the bottom of the first recess, and a reserved gap (see annotated Fig. 5 above) is formed between the bushing body (32) and one of the carrying member (46) or the flange pad.
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 1, 5-6, 8, 16-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 217107832, cited by Applicant in the IDS filed 07/24/2025) in view of Wagner (US Patent 4,732,519).
Re Claim 1: Rittler discloses a fastening apparatus (see Fig. 4), for connecting a thrust pad (the combination of thrust pads 3 joined together in a ring; see Fig. 1) to a carrying member (1), wherein the thrust pad (3) is provided with a first recess (at 41) and a communication hole (the gap between adjacent thrust pads 3; see Fig. 4) communicating with the first recess (41), the carrying member (1) is provided with a threaded hole (44), an aperture of the communication hole is greater than an aperture of the threaded hole, the fastening apparatus comprises a bolt (42), an end cap (43) of the bolt is disposed in the first recess (41), a screw of the bolt (42) is threaded into the threaded hole (44; see Fig. 4).
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Rittler fails to disclose wherein the fastening apparatus further comprises a connection structure; such that the screw of the bolt passes through the connection structure; and the connection structure is able to be clamped between the end cap and the carrying member.
Wagner teaches the use of a fastening apparatus (10), for connecting a thrust pad (for example, as show for rocker cover arm 44 in combination with grommet 16) to a carrying member (for example, as shown for second workpiece 46; see note above related to these functional elements), wherein the thrust pad (44, 16) is provided with a first recess (provided at the top surface of rim 40, particularly within the rim formed at raised annular abutment 35; see annotated Fig. 5 above) and a communication hole (the internal bore of grommet 16, receiving washer sleeve 32 of the washer 14) communicating with the first recess, the carrying member (46) is provided with a threaded hole (48), an aperture of the communication hole is greater than an aperture of the threaded hole (see Fig. 5), the fastening apparatus comprises a bolt (12) and a connection structure (14), an end cap (18, 20) of the bolt is disposed in the first recess (see Fig. 5), a screw (26) of the bolt passes through the connection structure (14) and is threaded into the threaded hole (48), and the connection structure (14) is able to be clamped between the end cap (18, 20) and the carrying member (46), for the purpose of allowing for an amount of axial play.
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 device of Rittler, with a reasonable expectation of success, such that the fastening apparatus further comprises a connection structure; such that the screw of the bolt passes through the connection structure; and the connection structure is able to be clamped between the end cap and the carrying member, as taught by Wagner, for the purpose of allowing for an amount of axial play.
Re Claim 5: Wagner further teaches the use of a fastening apparatus (10), wherein the connection structure (14) comprises a flange pad (34) and a bushing body (32) that are connected to each other, the flange pad (34) is disposed in the first recess (see Fig. 5), the bushing body (32) is disposed in the communication hole (see Fig. 5), the flange pad (34) is clamped between the end cap (18, 20) and a bottom of the first recess, and a reserved gap (see annotated Fig. 5 above) is formed between the bushing body (32) and the carrying member (46), for the purpose of allowing for an amount of axial play.
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 device of Rittler, with a reasonable expectation of success, such that the connection structure comprises a flange pad and a bushing body that are connected to each other, the flange pad is disposed in the first recess, the bushing body is disposed in the communication hole, the flange pad is clamped between the end cap and a bottom of the first recess, and a reserved gap is formed between the bushing body and the carrying member, as taught by Wagner, for the purpose of allowing for an amount of axial play.
Re Claim 6: Wagner further teaches the use of a fastening apparatus (10), wherein the flange pad (34) and the bushing body (32) are integrally structured, or the flange pad and the bushing body are separably structured, for the purpose of allowing for an amount of axial play.
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 device of Rittler, with a reasonable expectation of success, such that the flange pad and the bushing body are integrally structured, or the flange pad and the bushing body are separably structured, as taught by Wagner, for the purpose of allowing for an amount of axial play.
Re Claim 8: Wagner further teaches the use of a fastening apparatus (10), wherein the thrust pad (44, 16) further comprises a second recess (the lower outwardly-flared portion of grommet 16, shown at notched portion 47; Fig. 5), the first recess and the second recess communicate with two sides of the communication hole respectively, an area of a bottom of the first recess and an area of a bottom of the second recess are each greater than an opening area of the communication hole, and an opening of the second recess faces the carrying member (46); and the connection structure (14) comprises a flange pad (34) and a bushing body (32), the flange pad (34) is disposed in the first recess (see Fig.5), the bushing body (32) is disposed in the communication hole (see Fig. 5), the flange pad (34) is clamped between the end cap (18, 20) and the bottom of the first recess, and a reserved gap (see annotated Fig. 5 above) is formed between the bushing body (32) and one of the carrying member (46) or the flange pad, for the purpose of allowing for an amount of axial play.
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 device of Rittler, with a reasonable expectation of success, such that the thrust pad further comprises a second recess, the first recess and the second recess communicate with two sides of the communication hole respectively, an area of a bottom of the first recess and an area of a bottom of the second recess are each greater than an opening area of the communication hole, and an opening of the second recess faces the carrying member; and the connection structure comprises a flange pad and a bushing body, the flange pad is disposed in the first recess, the bushing body is disposed in the communication hole, the flange pad is clamped between the end cap and the bottom of the first recess, and a reserved gap is formed between the bushing body and one of the carrying member or the flange pad, as taught by Wagner, for the purpose of allowing for an amount of axial play.
Re Claim 16: Rittler, as modified in view of Wagner for claim 1 above, discloses a gearbox (see Fig. 1), comprising a thrust pad (the combination of thrust pads 3 joined together in a ring; see Fig. 1), a carrying member (1), and the fastening apparatus according to claim 1 (see rejection of claim 1 above), wherein the fastening apparatus is configured to connect the thrust pad (3) to the carrying member (1).
Re Claim 17: Rittler, as modified in view of Wagner for claim 5 above, discloses a gearbox, wherein the connection structure comprises a flange pad and a bushing body that are connected to each other, the flange pad is disposed in the first recess, the bushing body is disposed in the communication hole, the flange pad is clamped between the end cap and a bottom of the first recess, and a reserved gap is formed between the bushing body and the carrying member (as discussed in the rejection of claim 5 above).
Re Claim 19: Rittler, as modified in view of Wagner for claim 8 above, discloses a gearbox, wherein the thrust pad further comprises a second recess, the first recess and the second recess communicate with two sides of the communication hole respectively, an area of a bottom of the first recess and an area of a bottom of the second recess are each greater than an opening area of the communication hole, and an opening of the second recess faces the carrying member; and the connection structure comprises a flange pad and a bushing body, the flange pad is disposed in the first recess, the bushing body is disposed in the communication hole, the flange pad is clamped between the end cap and the bottom of the first recess, and a reserved gap is formed between the bushing body and one of the carrying member or the flange pad (as discussed in the rejection of claim 8 above).
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 MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678