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 .
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 1-11 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 1, lines 11-15 recites “the loose bearing fastening element… comprises a threaded portion with an external thread, which is screwed in a corresponding internal thread at the loose bearing frame leg”. However, para. 11, lines 6-8 of the subject specification recites “The loose bearing threaded bolt further comprises a threaded section with an external thread, which is screwed into a corresponding internal thread at the fixed bearing frame leg or at one of the two housing flanges”, and para. 15, lines 1-4 of the subject specification recites “Preferably, the internal thread to which the threaded bolt section is screwed is associated with or provided in the fixed bearing frame leg. The loose bearing threaded bolt thus penetrates both housing flanges and both frame legs, and presses the two housing flanges and the fixed bearing frame leg together in a sandwich-like manner.”, and Figs. 1-2 of the drawings show the corresponding internal thread to be at the fixed bearing frame leg, or at one of the two housing flanges.
Additionally, dependent claim 2 recites in part “wherein the internal thread . . is associated with the fixed bearing frame leg” and dependent claim 3 recites in part “wherein a separate nut is non-rotatably mounted to the fixed bearing frame leg and comprises the internal thread associated with the fixed bearing frame leg”. Thus, claims 2 and 3 conflict with the internal thread at the loose bearing frame leg as claimed in claim 1.
In view of In re Moore, 439 F.2d 1232, 1235-36, 169 USPQ 236, 239 (CCPA 1971), MPEP 2173.03, claim 1 is rejected as a claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. See MPEP 2173.03. For examination purposes, in accordance with the specification, the limitation “which is screwed in a corresponding internal thread at the loose bearing frame leg” will be interpreted as “which is screwed in a corresponding internal thread at the fixed bearing frame leg”.
Claims 2-11 are rejected due to being dependent on claim 1.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended 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.
Claims 2 - 11 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.
Claim 12 is allowed.
The following is an examiner’s statement of reasons for allowance: None of the, in combination with the remaining limitations of the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/A.R.C./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614