DETAILED ACTION
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 § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-5 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsutsui JP 2014141992 A in view of Tinnin et al. US 20160016603 A1. (page/line numbering used for foreign references below corresponds to the machine-translation preceding the original patent, as attached to the present Office Action – note page numbers of the translation are marked as TP-1, TP-2, etc.).
Regarding independent claim 1, Tsutsui discloses [a steering shaft assembly 1, comprising:
a steering shaft 3 extending along a central longitudinal axis between a first end portion and a second end portion opposite to the first end portion,] (Fig. 1; Page 2, lines 25-28) [the first end portion terminating at a first end and the second end portion terminating at a second end;] (Fig. 1)
[a clamp yoke 62 having a through bore 620 sized for receipt of the first end portion of the steering shaft, the clamp yoke having a fastener opening 62a;] (Fig. 4; Page 3, lines 38-42, Page 4, lines 1-4) and
[a flag device 9 having a body 91, 92 capable of being disposed in a pocket and a flag 93 extending radially outwardly from the body,] (Fig. 6; Page 4, lines 39-44) [the flag configured to obstruct the fastener opening in the clamp yoke until the steering shaft is disposed in the through bore to a fully assembled position.] (Fig. 6; Page 5, lines 39-43; Page 6, lines 1-4)
Tsutsui does not disclose a pocket extending axially into the first end.
Tinnin et al. teaches [a pocket extending axially into the first end;] (Fig. 3-4) [a slot 72 extending radially outwardly from said recessed pocket, said flag extending through and radially outwardly from said slot;] (Fig. 2-4; Paragraph 0020-0021) [wherein said slot has opposite sidewalls configured to confront said flag to prevent said flag device from rotating relative to said steering shaft about said central longitudinal axis;] (Fig. 2-4; Paragraph 0020-0021) [wherein said pocket extends along said central longitudinal axis;] (Fig. 3-4) [wherein said pocket is generally cylindrical;] (Fig. 3-4) [wherein said flag device closes off said pocket against ingress of water.] (Fig 3-4; As shown in Fig. 3-4, Tinnin et al. illustrates wherein a base shaft 76 extending from a yoke 36 closes off said pocket of the steering column shaft 12. Therefore, naturally preventing water from getting inside of the steering shaft.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the axially extending pocket of Tinnin et al. with the steering shaft assembly of Tsutsui with a reasonable expectation of success because it would allow for internal placement and retention of the flag device within the steering shaft, thus improving structural integration and enabling controlled extension of the flag for proper interaction with the fastener opening.
Regarding claim 2, Tsutsui, as modified, already discloses all of the claimed limitations, including the slot discussed in the rejection of claim 1 above.
Regarding claim 3, Tsutsui, as modified, already discloses all of the claimed limitations, including the slot sidewalls discussed in the rejection of claim 1 above.
Regarding claim 4, Tsutsui, as modified, discloses all of the claimed limitations above including [wherein said flag 93 extends axially beyond said first end.] (Fig. 4 of Tsutsui; As shown in Fig. 4, Tsutsui illustrates where the front-end portion 932a of the flag 93 extends axially beyond the first end.)
Regarding claim 5, Tsutsui, as modified, discloses all of the claimed limitations above including [wherein said body 91, 92 is flush with, or recessed axially inwardly from said first end.] (Fig. 5 of Tsutsui; Page 4, lines 39-44 of Tsutsui)
Regarding claim 7, Tsutsui, as modified, already discloses all of the claimed limitations, including the pockets longitudinal axis discussed in the rejection of claim 1 above.
Regarding claim 8, Tsutsui, as modified, discloses all of the claimed limitations above including [wherein said body 91, 92 is generally cylindrical.] (Fig. 5-6 of Tsutsui; Page 4, lines 39-44 of Tsutsui)
Regarding claim 9, Tsutsui, as modified, already discloses all of the claimed limitations, including the cylindrical pocket discussed in the rejection of claim 1 above.
Regarding claim 10, Tsutsui, as modified, already discloses all of the claimed limitations, including the sealing of the pocket discussed in the rejection of claim 1 above.
Regarding independent claim 11, Tsutsui discloses [a steering shaft 3 and clamp yoke assembly 8,] (Fig. 1-2; Page 2, lines 34-36) comprising:
[a clamp yoke 62 having an annular wall 624 with a through bore 620 and a fastener opening 62a configured for receipt of a clamp fastener 64 therein;] (Fig. 4; Page 4, lines 5-13)
[the steering shaft extending along a central longitudinal axis between opposite first and second end portions terminating at respective first and second ends,] (Fig. 1; Page 2, lines 25-28) [said first end portion being configured for receipt in said through bore of said clamp yoke] (Fig. 5; Page 3, lines 41-42; Page 4, lines 1-4) and [a flag device 9 having a body 91, 92 configured for receipt in said pocket and a flag 93 extending radially outwardly from said body,] (Fig. 6; Page 4, lines 39-44) [said flag being configured to obstruct said fastener opening until said steering shaft is inserted into said through bore to a predetermined insertion position.] (Fig. 6; Page 5, lines 39-43; Page 6, lines 1-4)
Tinnin et al. teaches [a pocket extending axially into said first end;] (Fig. 3-4) [a slot 72 extending radially outwardly from said recessed pocket, said flag extending through and radially outwardly from said slot;] (Fig. 2-4; Paragraph 0020-0021) [wherein said slot has opposite sidewalls configured to confront said flag to prevent said flag device from rotating relative to said steering shaft about said central longitudinal axis;] (Fig. 2-4; Paragraph 0020-0021) [wherein said pocket extends along said central longitudinal axis;] (Fig. 3-4) [wherein said pocket is generally cylindrical;] (Fig. 3-4) [wherein said flag device closes off said pocket against ingress of water.] (Fig. 3-4; As shown in Fig. 3-4, Tinnin et al. illustrates wherein a base shaft 76 extending from a yoke 36 closes off said pocket of the steering column shaft 12. Therefore, naturally preventing water from getting inside of the steering shaft.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the axially extending pocket of Tinnin et al. with the steering shaft assembly of Tsutsui with a reasonable expectation of success because it would allow for internal placement and retention of the flag device within the steering shaft, thus improving structural integration and enabling controlled extension of the flag for proper interaction with the fastener opening.
Regarding claim 12, Tsutsui, as modified, already discloses all of the claimed limitations, including the slot discussed in the rejection of claim 11 above.
Regarding claim 13, Tsutsui, as modified, already discloses all of the claimed limitations, including the slot sidewalls discussed in the rejection of claim 11 above.
Regarding claim 14, Tsutsui, as modified, discloses all of the claimed limitations above including [wherein said flag 93 extends axially beyond said first end.] (Fig. 4 of Tsutsui; As shown in Fig. 4, Tsutsui illustrates where the front-end portion 932a of the flag 93 extends axially beyond the first end.)
Regarding claim 15, Tsutsui, as modified, discloses all of the claimed limitations above including [wherein said body 91, 92 is flush with, or recessed axially inwardly from said first end.] (Fig. 5 of Tsutsui; Page 4, lines 39-44 of Tsutsui)
Regarding claim 16, Tsutsui, as modified, already discloses all of the claimed limitations, including the pockets longitudinal axis discussed in the rejection of claim 11 above.
Regarding claim 17, Tsutsui, as modified, discloses all of the claimed limitations above including [wherein said body 91, 92 is generally cylindrical.] (Fig. 5-6 of Tsutsui; Page 4, lines 39-44 of Tsutsui) and the cylindrical pocket discussed in the rejection of claim 11 above.
Regarding claim 18, Tsutsui, as modified, already discloses all of the claimed limitations, including the sealing of the pocket discussed in the rejection of claim 11 above.
Regarding independent claim 19, Tsutsui [a steering assembly 1,] (Fig. 1; Page 2, lines 25-28) comprising:
[a pinion shaft 50;] (Fig. 1; Page 2, lines 25-28)
[a clamp yoke 61 having an opening 610 for receiving an end of the pinion shaft] (Fig. 1-3; Page 2, lines 35-37) and having [a fastener opening for receiving a fastener that clamps the clamp yoke to the pinion shaft;] (Fig. 1; Page 3, lines 5-8) and
[a blocking member 9 having a body 91, 92 capable of being disposed within an aperture of the pinion shaft] (Fig. 2 & 6; Page 3, lines 23- 28; Page 4, lines 39-44) and [having a blocking segment 93 extending from the main segment positioned to block the counter bore during an insertion range of the pinion shaft within the central opening and being clear of the counter bore at a predetermined insertion position.] (Fig. 6; Page 5, lines 39-43; Page 6, lines 1-4)
Tsutsui does not disclose the pinion shaft having an aperture.
Tinnin et al. teaches [the pinion shaft having an aperture;] (Fig. 3-4) [a slot 72 extending radially outwardly from said aperture, said blocking segment extending through and radially outwardly from said slot;] (Fig. 2-4; Paragraph 0020-0021)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the aperture and slot configuration of Tinnin et al. with the steering assembly of Tsutsui with a reasonable expectation of success because it would allow for the blocking member to be housed inside of the pinion shaft while allowing the blocking segment to extend radially outward through the slot, thus facilitating controlled interaction with the fastener opening during insertion of the pinion shaft.
Regarding claim 20, Tsutsui, as modified, already discloses all of the claimed limitations, including the slot discussed in the rejection of claim 19 above.
Allowable Subject Matter
Claim 6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 6 contains the limitation wherein said body extends axially outwardly from said first end. The closest prior art, Tsutsui JP 2014141992 A, discloses a body extending axially outward, but does not disclose the body extending axially outwardly from the first end of the shaft.
Response to Arguments
Applicant’s amendment filed 08/28/2026 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 1, 3, 8, 11, 13, and 19-20 have been amended. In light of amendments, all 112 rejections and objections have been withdrawn.
Applicants’ arguments (Pages 6-10 on Remarks) filed 08/28/2026 have been fully considered but they are not persuasive.
Applicant argues (Pages 7-8 of Remarks) that a person of ordinary skill in the art would have no reason to look to Tinnin because Tinnin addresses problems unrelated to those addressed by Tsutsui or the claimed invention. This argument is not persuasive. The rejection does not require Tsutsui and Tinnin to address the same problem. Tsutsui teaches a positioning member 9 having a body and a plate portion 93 configured to obstruct the fastener opening during insertion of the shaft and to clear the fastener opening at a predetermined insertion portion. Tinnin teaches a shaft having a pocket extending into an end thereof for receiving a component. It would have been obvious to employ the known pocket structure of Tinnin to receive Tsutsui’s positioning member, thereby providing a known structure for housing and positioning the positioning member within the shaft while retaining its known blocking function.
Applicant argues (Pages 7-8 of Remarks) that Tinnin’s pocket and slot serve different purposes from the claimed pocket and slot, noting that the pocket receives a base shaft 76 of a yoke 36 and the slot receives an alignment projection 84. This argument is not persuasive. The fact that Tinnin uses the pocket and slot for particular purposes des not negate its teaching of the claimed structural arrangement. Tinnin nevertheless teaches a pocket extending into an end of a shaft and a slot extending radially outwardly from the pocket. The rejection relies on these structural teachings to provide a known arrangement for receiving Tsutsui’s positioning member within the shaft and permitting the plate portion 93 to extend radially outwardly. The proposed modification therefore represents the predictable use of known structural features and does not require Tinnin’s pocket or slot to perform the identical function disclosed in Tinnin.
Applicant argues (Pages 8-9 of Remarks) that the Examiner’s stated rationale of improving structural integration and enabling controlled extension of the flag for interaction with the fastener opening is unsupported by Tsutsui and Tinnin. This argument is not persuasive. The rationale for the combination need not be expressly stated by the references. Rather, the rationale is supported by the teachings of the references themselves. Tsutsui provides the positioning member and its known pocket-and-slot arrangement for accommodating a component within a shaft and permitting a portion of the component to extend radially outwardly. Applying Tinnin’s known arrangement to Tsutsui would therefore predictably provide for internal positioning of Tsutsui’s positioning member while allowing its plate portion to retain its blocking function.
Applicant argues (Pages 9-10 on Remarks) that the radial slot limitation of claims 2 and 20 is taught only by Applicant’s disclosure. This argument is not persuasive. As discussed above, Tinnin expressly teaches a slot 72 extending radially outwardly from the pocket/aperture. Thus, the claimed slot structure is not taught only by Applicant’s disclosure. The proposed combination would have predictably permitted Tsutsui’s plate portion 93 to extend radially outwardly through the slot while the body of the positioning member is received within the shaft.
Conclusion
THIS ACTION IS MADE FINAL. 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 Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 11:00 am - 7:30 pm.
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/Mohamed M Medani/Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./ Supervisory Patent Examiner, Art Unit 3611
