DETAILED ACTION
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Suspa Compart (EP 0 733 815) in view of Welter et al. (US 6,810,787).
As to claim 1, Suspa Compart discloses a ball socket for a ball joint comprising:
a base body 22 with a recess 29 for receiving a ball head 42 of the ball joint 41, wherein the recess comprises a support region for supporting the ball head and a cylindrical insertion region for inserting the ball head in an insertion direction ID into the support region (Figure 4 reprinted below with annotations);
a securing element 33, wherein the securing element comprises a connecting region 32 and two retaining legs 31 connected to one another by the connecting region;
wherein the base body comprises two retaining channels 35 open to the insertion region;
wherein the retaining legs are arranged in the retaining channels such that the retaining legs are parallel to a retaining axis RA extending through a center point of the support region and orthogonally to the insertion direction, and that free end portions 34 of the retaining legs remote from the connecting region are arranged in sections in the insertion region;
wherein the retaining channels extend outward from the insertion region along a path X that is curved about the retaining axis and towards the insertion direction (retaining channels 35 extend along a curved path X defined in the hemi-spherical outer surface of base body 22, that is spherically curved upwardly and outwardly in insertion direction ID about retaining axis RA; free end portions 34 of retaining legs 31 moving along such curved path within the retaining channels; Figures 2 and 4 reprinted below with annotations); and
wherein the free end portions of the retaining legs can be bent elastically by the ball head out of the insertion region into the retaining channels along the path that is curved about the retaining axis and towards the insertion direction when the ball head is pushed into the support region, so that the free end portions spring back after the ball head has been pushed into the insertion region in order to fix the ball head in the support region (Figures 1-11).
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Suspa Compart fails to disclose a ball socket wherein the retaining legs are arranged completely inside the base body.
Welter et al. teach a ball socket wherein retaining legs 44 of a securing element 43 are arranged completely inside a base body 8; the retaining legs being completely arranged within a retaining channel 46, preventing inadvertent displacement of the retaining legs and release of the securing element, more securely retaining ball head 11 within the base body (Figures 8-9). Accordingly, 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 ball socket disclosed by Suspa Compart wherein the retaining legs are completely arranged within the retaining channels, as taught by Welter et al., in order to prevent inadvertent displacement of the retaining legs and release of the securing element, more securely retaining the ball head within the base body.
As to claim 2, Suspa Compart discloses a ball socket wherein the retaining channels 35 are shaped as sections of a cylinder jacket coaxial with the retaining axis RA; and
wherein the free end portions 34 of the retaining legs 31 can be bent elastically by the ball head 42 out of the insertion region into the retaining channels on a circular path about the retaining axis when the ball head is pushed into the support region (Figures 1-11).
As to claim 3, Suspa Compart discloses a ball socket wherein the securing element 33 is displaceably guided by the base body 22 into the base body along the retaining axis RA (Figures 1-11).
As to claim 4, Suspa Compart discloses a ball socket wherein the securing element 33 comprises a fixing leg A (a fixing leg is defined by central cross-leg portion A; Figure 3 reprinted below with annotations) connected to the retaining legs 31 by the connecting region; and
wherein the fixing leg comprises a fixing element for fixing the securing element to the base body 22 against displacement of the securing element along the retaining axis RA out of the base body (Figures 1-11).
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As to claim 5, Suspa Compart discloses a ball socket wherein the securing element 33 comprises a release element (cross leg 32 defines a release element) for releasing the fixing element A from the base body 22 (Figures 1-11).
As to claim 6, Suspa Compart discloses a ball socket wherein the fixing leg A is aligned parallel to the retaining legs 31 (a cross-section of fixing leg A is parallel to retaining legs 31; Figures 1-11).
As to claim 7, Suspa Compart discloses a ball socket wherein the base body 22 comprises a fixing channel 39; and
wherein the fixing leg A is guided in the fixing channel along the retaining axis RA (Figures 1-11).
As to claim 8, Suspa Compart discloses a ball socket wherein the base body 22 comprises a locking element 40 for non-destruction free releasable locking of the fixing element A to the base body (Figures 1-11).
As to claim 9, Suspa Compart discloses a ball socket wherein the free end portions 34 of the retaining legs 31 are rounded (Figures 1-11).
As to claim 10, Suspa Compart discloses a ball socket wherein the retaining channels 35 and/or the retaining legs 31 have a rounded cross-sectional area orthogonal to the retaining axis RA (Figures 1-11).
As to claim 11, Suspa Compart discloses a ball socket wherein the base body 22 comprises a depression 39 for receiving the connecting region 32 of the securing element 33 (Figures 1-11).
As to claim 12, Suspa Compart fails to explicitly discloses a ball socket wherein the base body consists of a polyamide and/or a fibre-reinforced plastic. Suspa Compart does not disclose any structural or functional significance as to the specific material of the base body.
Applicant is reminded that the selection of a known material based upon its suitability for the intended use, wherein there is no structural or functional significance disclosed as to the specific material of an element, is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Accordingly, 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 ball socket disclosed by Suspa Compart wherein the base body consists of a polyamide and/or a fibre-reinforced plastic, as Suspa Compart does not disclose any structural or functional significance as to the specific material of the base body, and as such selection of material is a design consideration within the skill of the art which would yield expected and predictable results.
As to claim 13, Suspa Compart fails to explicitly disclose a ball socket wherein the securing element consists of a plastic material. Suspa Compart does not disclose any structural or functional significance as to the specific material of the securing element.
Applicant is reminded that the selection of a known material based upon its suitability for the intended use, wherein there is no structural or functional significance disclosed as to the specific material of an element, is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Accordingly, 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 ball socket disclosed by Suspa Compart wherein the securing element consists of plastic material, as Suspa Compart does not disclose any structural or functional significance as to the specific material of the securing element, and as such selection of material is a design consideration within the skill of the art which would yield expected and predictable results.
As to claim 14, Suspa Compart discloses a ball socket wherein the base body 22 comprises a connecting element 23 for connecting the base body along the retaining axis RA to a length-adjustable unit 1 (Figures 1-11).
Response to Arguments
Applicant's arguments filed June 26, 2026 have been fully considered but they are not persuasive.
As to claim 1, Attorney argues that:
Suspa Compart fails to disclose a ball socket wherein the retaining channels extend outward from the insertion region along a path that is curved about the retaining axis and towards the insertion direction.
Examiner disagrees. As to claim 1, Suspa Compart discloses a ball socket wherein the retaining channels 35 extend outward from the insertion region along a path X that is curved about the retaining axis RA and towards the insertion direction ID (retaining channels 35 extend along a curved path X defined in the hemi-spherical outer surface of base body 22, that is spherically curved upwardly and outwardly in insertion direction ID about retaining axis RA; Figures 2 and 4 reprinted above with annotations; Figures 1-11).
Examiner notes that while channels 35 may appear to extend linearly within the standalone two-dimensional front view of Figure 4, clearly the top view of Figure 3 and the side view of Figure 2 illustrate the hemi-spherical outer surface of the base body. As such, channels 35 clearly do not extend linearly; and instead are curved about the hemi-spherical outer surface. Examiner notes that curved path X defined in the hemi-spherical outer surface of base body 22 clearly is curved about an axis, which is parallel retaining axis RA, extending through the center point of curvature of the hemi-spherical outer surface; thus curved path X is likewise curved about retaining axis RA.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm 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, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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07/07/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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