DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I and Species I in the reply filed on April 10, 2026 is acknowledged. Accordingly, claims 5-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected inventions and species, there being no allowable generic or linking claim.
Status of claims
Claims 1-15 are pending. Claims 5-15 are withdrawn due to being directed to nonelected groups and species.
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 2-4 are 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.
Claim 2 recites “preferably said primary sleeve is made of a metal or a metal alloy, preferably said primary sleeve and said contact portion form a unitary component” in lines 2-4. It is unclear from the use of the word “preferably” as to whether or not Applicant requires that the primary sleeve is a metal/metal alloy and unitary with the contact portion. For the purpose of this action, Examiner will interpret that the primary sleeve is to be made of a metal/metal alloy and is unitary with the contact portion and will interpret claim 2 as reading as:
“wherein said locking assembly comprises a primary sleeve at least partially enclosing said assembly opening,
Claim 3 recites “preferably said second locking member and said primary sleeve are separate components” in lines 5-6. It is unclear from the use of the word “preferably” as to whether or not Applicant requires that the second locking member and primary sleeve be separate components. For the purpose of this action, Examiner will interpret that the second locking member and primary sleeve are separate components and will interpret claim 3 as reading as:
“wherein said locking assembly comprises a second locking member at least partially enclosing said primary sleeve, said second locking member transferring a load from said second wall compression portion to said contact portion when said first wall compression portion and said second wall compression portion are located at said predetermined distance from each other in said axial direction,
Claim 4 recites “preferably said second contact portion of said locking assembly abuts at least said second wall abutment portion at a second abutment zone and wherein said contact portion of said locking assembly abuts at least said first wall abutment portion at a first abutment zone” in lines 6-9. It is unclear from the use of the word “preferably” as to whether or not Applicant requires that the second contact portion and contact portion abut the second and first wall abutment portions at second and first contact zones. For the purpose of this action, Examiner will interpret that the second contact portion and contact portion abut the second and first wall abutment portions at second and first contact zones.
Claim 4 also recites “a smallest distance between said second abutment zone and said first abutment zone in said axial direction is greater than 30%, preferably greater than 50%, of the predetermined distance between said first wall compression portion and said second wall compression portion” in lines 9-12. It is unclear whether Applicant is requiring the smallest distance to be greater than 30% or greater than 50% of the predetermined distance due to reciting the language “preferably greater than 50%”. For the purpose of this action, Examiner will interpret that the smallest distance is to be greater than 30%, and will interpret claim 4 as reading as:
“wherein said second locking member comprises a second contact portion of said locking assembly being bent towards and thereby abuts at least said second wall abutment portion and wherein said contact portion of said locking assembly is bent towards and thereby abuts at least said first wall abutment portion, when said first wall compression portion and said second wall compression portion are located at said predetermined distance from each other in said axial direction, between said first wall compression portion and said second wall compression portion, when said first wall compression portion and said second wall compression portion are located at said predetermined distance from each other in said axial direction”.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rechtien et al. (US 8,282,305; hereinafter Rechtien).
Regarding claim 1, Rechtien (Fig. 1-2) discloses an assembly comprising a first member (3a) and a second member (3b), said assembly comprising an assembly opening extending through each of said first and second member (see Fig. 1-2; assembly opening receives ball sleeve 1, which extends through both the first and second members), said assembly opening extending in an axial direction along an axial opening axis (11) as well as in a radial direction along a radial opening axis (see Fig. 1-2), wherein:
said first member comprising a first wall assembly at least partially enclosing said assembly opening (see Annotated Fig. 1 below showing the first wall assembly encircling, i.e. enclosing, the assembly opening), said first wall assembly comprising a first wall compression portion at least partially enclosing said assembly opening and at least partially facing said second member (see the first wall compression portion in Annotated Fig. 1, which is facing the second member and encircles, i.e. encloses, the assembly opening), said first wall assembly further comprising a first wall abutment portion at least partially enclosing said assembly opening and at least partially facing said axial opening axis (see the first wall abutment portion in Annotated Fig. 1, which is facing the axial opening axis and encircles, i.e. encloses, the assembly opening), said first wall abutment portion being at least partially located at a larger radial distance from said axial opening axis than said first wall compression portion (see in Annotated Fig. 1 that the first wall abutment portion is at a larger radial distance from the axial opening axis 11 seen in Fig. 1-2 than the first wall compression portion);
said second member comprising a second wall assembly at least partially enclosing said assembly opening (see Annotated Fig. 2 below showing the second wall assembly encircling, i.e. enclosing, the assembly opening), said second wall assembly comprising a second wall compression portion at least partially enclosing said assembly opening and at least partially facing said first member (see the second wall compression portion in Annotated Fig. 2, which is facing the first member and encircles, i.e. encloses, the assembly opening), said second wall assembly further comprising a second wall abutment portion at least partially enclosing said assembly opening and at least partially facing said axial opening axis (see the second wall abutment portion in Annotated Fig. 2, which is facing the axial opening axis and encircles, i.e. encloses, the assembly opening), said second wall abutment portion being at least partially located at a larger radial distance from said axial opening axis than said second wall compression portion (see in Annotated Fig. 2 that the second wall abutment portion is at a larger radial distance from the axial opening axis 11 seen in Fig. 1-2 than the second wall compression portion);
said assembly further comprising a locking assembly (2) being at least partially located between said first wall assembly and said assembly opening and also being at least partially located between said second wall assembly and said assembly opening (see Fig. 1-2 and Annotated Fig. 1-2);
said locking assembly being such that when said first wall compression portion and said second wall compression portion are located at a predetermined distance from each other in said axial direction (Fig. 2), said first wall compression portion and said second wall compression portion compress said locking assembly (see in Fig. 2 that the first and second wall compression portions seen in Annotated Fig. 1-2 are in contact with, i.e. compressing, portion 7 of the locking assembly) such that at least a contact portion (7) of said locking assembly is bent towards and thereby abuts at least one of said first wall abutment portion and said second wall abutment portion (see Annotated Fig. 3 showing the bend of the locking assembly, which forms the contact portion and is in contact with both the first and second abutment portions seen in Annotated Fig. 1-2).
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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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Rechtien in view of Dresselhouse (US 5,154,530).
Regarding claim 2, Rechtien discloses wherein said locking assembly (2) comprises a primary sleeve at least partially enclosing said assembly opening (see in Fig. 1-2 that the locking assembly is in the form of a sleeve that encircles, i.e. encloses, the assembly opening.), and wherein said primary sleeve and said contact portion form a unitary component (see in Fig. 1-2 that the primary sleeve is unitary with the contact portion 7).
Rechtien does not explicitly disclose wherein said primary sleeve is made of a metal or a metal alloy.
Dresselhouse (Fig. 1-7) teaches of a ball joint being a similar assembly to that of Rechtien, wherein the ball joint comprises an inner locking member (24) in the form of a bearing that biases a ball stud (22) similar to the locking assembly of Rechtien, and wherein the inner locking member (24) of Dresselhouse is formed of SAE 1010 steel (see Col. 4 lines 6-7).
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Rechtien with the teachings of Dresselhouse, to have the locking assembly be made of a metal or a metal alloy in the form of SAE 1010 steel, so as to take advantage of the mechanical properties that SAE 1010 steel provides.
Allowable Subject Matter
Claims 3-4 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.
Regarding claim 3, neither Rechtien nor Dresselhouse disclose of wherein said locking assembly comprises a second locking member at least partially enclosing said primary sleeve, said locking member transferring a load from said second wall compression portion to said contact portion when said first wall compression portion and said second wall compression portion are located at said predetermined distance from each other in said axial direction, said second locking member and said primary sleeve are separate components.
Dechant et al. (US 9,303,679; hereinafter Dechant) discloses of an assembly (Fig. 1-6) comprising a first member (upper member 44 in Fig. 3) and a second member (lower member 44 in Fig. 3), wherein an assembly opening extends through each one of said first and second members in an axial direction along an axial opening axis as well as in a radial direction along a radial opening axis (see Fig. 3-4), wherein said first and second members comprise a first and second wall assembly, respectively, that encloses said assembly opening, wherein said assembly further comprises a locking assembly (comprising 10 and upper and lower members 44) located between said first and second wall assemblies and the assembly opening (see Fig. 3-4), wherein said locking assembly comprises a primary sleeve (10) partially enclosing said assembly opening and a second locking member (upper and lower members 44) that at least partially enclose said primary sleeve and is a separable component form said primary sleeve (see Fig. 3-4).
However, Dechant does not explicitly disclose of wherein the first and second wall assemblies comprise first and second compression portions and first and second abutment portions, respectively, nor wherein the locking assembly comprises a contact portion that is bent towards and abuts at least one of the first and second wall abutment portion.
It would not be obvious to modify Rechtien and Dresselhouse with the teachings of Dechant to have the locking assembly comprise a second locking member, as such would not allow for the combination of Rechtien and Dresselhouse to function as intended. Nor would it be obvious to modify Dechant with Rechtien and/or Dresselhouse to have the wall assemblies to comprise compression and abutment portions, as such would go against the intended use of Dechant. There is no teaching, suggestion, or motivation, absent Applicant’s own disclosure to have an assembly comprising all of the limitations of claim 3. Furthermore, such modifications would not be obvious.
Note to Applicant
Applicant is reminded that any currently withdrawn claim that have the potential for rejoinder, but were unexamined due to being drawn to an unelected invention/species, should be reviewed for any potential claim objections and/or issues involving 35 U.S.C. 112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J BAYNES whose telephone number is (571)270-1852. The examiner can normally be reached on M-F 8:30AM-4:30PM 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, 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.
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/KEVIN J BAYNES/Examiner, Art Unit 3678
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