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 .
Claim Status
Claims 1, 2, 4, 5, 7 and 13-28 are pending. Examiner acknowledges Applicant’s amendments to claims 1 and 2, canceled claims 3, 6 and 8-12 and new claims 24-28.
Election/Restrictions
Newly submitted claims 24-28 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claims 24-28 are directed to the combination of a ball and socket joint with a bellows which is not shown in the drawings and does not read on the elected embodiment of Figures 6-7. It appears that Applicant has combined aspects from two different embodiments with regard to claims 24-28.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 24-28 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Arguments
Applicant’s arguments, see pages 8-10, filed 12/19/25, with respect to the 35 U.S.C. 112(b) rejection of claims 1, 2, 4, 5, 7, 21 and 22 have been fully considered and are persuasive. The 35 U.S.C. 112(b) rejection of claims 1, 2, 4, 5, 7, 21 and 22 has been withdrawn.
Applicant's arguments filed 12/19/25 with regard to Gutierrez-Lemini et al have been fully considered but they are not persuasive.
With regard to claim 1, Applicant argues that Gutierrez-Lemini et al fail to disclose a gimbal joint that includes respective connection portions mechanically interlocked via a ball and socket joint that moves about a plurality of axes as the flex elements do not engage each other directly and Gutierrez-Lemini et al disclose parallel elastomeric load-sharing between independent molded and bonded assemblies and not a ball and socket joint.
Examiner disagrees.
As shown in Fig 4 below, the first and second members directly engage each other in a mechanical connection at the first and second connection portions which is a ball and socket joint as shown by the socket in the first connection portion and the ball/spherical configuration in the second connection portion. Gutierrez-Lemini et al further discloses as shown in Fig 3, paragraph 39, lines 10-17 and paragraph 40, lines 6-7 that the first and second members have a common center of rotation and moves about a plurality of axes. Therefore, Gutierrez-Lemini et al disclose the claimed limitation.
With regard to claim 1, Applicant argues that Gutierrez-Lemini et al fail to disclose a gimbal joint comprising first and second monolithic members.
Examiner disagrees.
Gutierrez-Lemini et al discloses that the first and second connection members are molded together such that each forms a monolithic member (paragraph 46, lines 2-5 and paragraph 47, lines 1-3), therefore, Gutierrez-Lemini et al disclose the claimed limitation.
Claim Rejections - 35 USC § 102
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 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(s) 1, 2, 4, 5, 7, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gutierrez-Lemini et al U.S. Patent Application Publication No. 2009/0212557 A1.
With regard to claim 1, and as shown in Figure 4, Gutierrez-Lemini et al disclose a gimbal joint, comprising:
a monolithic first member (at 61) including a first connection portion (see below); and
a monolithic second member (at 62) including a second connection portion (see below) engaged with the first connection portion via a ball and socket joint (as shown below where the first and second connection portions meet),
wherein the monolithic first member and the monolithic second member are configured to move relative to each other about a plurality of axes via the ball and socket joint between the first connection portion and the second connection portion (paragraph 40, lines 6-7 and as shown in Figure 3),
wherein the monolithic first member (as shown below) includes a plurality of first support members and a first outer wall, each of the first support members being connected to the first outer wall and connected to the first connection portion, and
wherein the monolithic second member (as shown below) includes a plurality of second support members and a second outer wall, each of the second support members (note this is being examined as second support members) being connected to the second outer wall and to a connecting portion, the connecting portion being connected to the second connection portion.
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With regard to claim 2, and as shown in Figure 4, Gutierrez-Lemini et al disclose wherein the second connection portion includes a substantially spherical configuration and the first connection portion includes a socket, and the second connection portion is disposed at least partially in the socket (as shown above).
With regard to claim 4, Gutierrez-Lemini et al disclose wherein at least one of the monolithic first member and the monolithic second member are capable of being formed via additive manufacturing.
Note: the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation is given little patentable weight. The invention as assembled in its final state is given patentable weight. Intermediate steps are given little patentable weight.
With regard to claim 5, and as shown in Figure 4, Gutierrez-Lemini et al disclose wherein the monolithic first member (at 61) is configured for connection with a first high temperature fluid duct (where 61 is capable of being configured for connection to a fluid duct), and the monolithic second member (at 62) is configured for connection with a second high temperature fluid duct (where 62 is capable of being configured for connection to a fluid duct).
With regard to claim 7, and as shown in Figure 4, Gutierrez-Lemini et al disclose wherein the monolithic first member plurality of first connection portions and the plurality of second connection portions include a plurality of radially-extending structural portions (as shown above).
With regard to claim 21, and as shown in Figure 4, Gutierrez-Lemini et al disclose wherein the plurality of first support members are circumferentially spaced about the first outer wall (as shown above).
With regard to claim 22, and as shown in Figure 4, Gutierrez-Lemini et al disclose wherein the plurality of second support members are circumferentially spaced about the second outer wall (as shown above).
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 FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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