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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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(s) 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Husain (US. 4186787) in view of Billion et al (US. 8556560).
Husain discloses an assembly part configured to be fastened to a counterpart (e.g. counterpart is considered intended use and the assembly part is capable of this, see MPEP 2113-2114 with regard to intended use limitations), comprising a body (e.g. 50) traversed by a traversing hole (e.g. 56), a fastening insert configured to receive a fastening device in a hollow of the fastening insert along a first direction to fasten the assembly part to the counterpart (e.g. again the intended use of coupling the assembly part to counterpart is considered to be intended and the assembly part of Husain is capable being coupled to an assembly part, see MPEP 2113-2114), the fastening insert has a proximal end portion (e.g. end portion having 80) and a distal end portion (e.g. end portion having 40 and 46) in the first direction, the fastening insert is positioned in the traversing hole, a movement of the fastening insert in a second direction opposite to the first direction is blocked by a first form fit (e.g. 40 and 46 interact with 50, see figure 4) between the distal end portion and the body, a movement of the fastening insert in the first direction is blocked by a second form fit (e.g. 80 interact with 60) between the proximal end portion and the body. Wherein the proximal end has a deformation portion (e.g. 80). Regarding claim 2: Wherein a rotational movement of the fastening insert around the first direction is blocked by a third form fit (e.g. 40) between the proximal end portion and the distal end portion and a mating portion of the body. Regarding claim 3: Wherein the distal end portion has a ledge portion (e.g. ledge formed by 40) extending beyond a cross-section of the traversing hole in at least one direction orthogonal to the first direction. Regarding claim 4: Wherein the ledge portion realizes the first form fit (e.g. see figure 4). Regarding claim 7: Wherein the proximal end portion has the deformation portion extending beyond a cross-section of the traversing hole in at least one direction orthogonal to the first direction (e.g. that is the case since 80 extends beyond cylindrical portion of the traversing hole). Regarding claim 8: Wherein the deformation portion realizes the second form fit (e.g. 80 is the second form fit). Regarding claim 9: Wherein a portion of an internal surface of the deformation portion has a shape of a frustum of a cone having a vertex centered on the hollow (e.g. 80 has an internal surface that is shaped of a frustum of cone having a vertex centered on the hollow, see figure 4 above). Regarding claim 10: Wherein the shape of the frustum of the cone has a 45° angle with respect to the vertex (e.g. figure 4 appears to show that the shape having an angle of 45 degrees). If applicant disagrees a supplemental or second rejection is provided below based on a design optimization.
Husain discloses the invention as claimed above but fails to disclose a circumferential groove adjacent to the deformation portion, the circumferential groove extends into an external surface of the fastening insert and an outer diameter of the fastening insert at the circumferential groove is less than a minimum outer diameter of the deformation portion. Billion discloses an assembly part (e.g. 10) with a body (e.g. body of 10) with a proximal end (e.g. 12) and a distal end (e.g. end 13 opposite to 7), the proximal end having a deformation portion (e.g. see deformation portion after T1 and the proximal end 12), a circumferential groove (e.g. 15) adjacent to the deformation portion and an outer diameter of the fastening insert at the circumferential groove is less than a minimum outer diameter of the deformation portion (e.g. outer diameter of 15 and outer diameter of 12). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the proximal end of Husain with a circumferential groove as taught by Billion with reasonable expectation of success to provide easy in manufacturing and reinforce a section with tapered section (e.g. description of groove at column 2, line 66 to column 3, line 9 and column 3, lines 35-38).
Claim(s) 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Husain in view of Auriol et al (US. 5359765).
Husain discloses the invention as claimed above but fails to disclose a circumferential groove adjacent to the deformation portion, the circumferential groove extends into an external surface of the fastening insert and an outer diameter of the fastening insert at the circumferential groove is less than a minimum outer diameter of the deformation portion. Auriol discloses an assembly part (e.g. figures 1-3) with a body (e.g. body of 1) with a proximal end (e.g. end having 2b) and a distal end (e.g. end axially opposite 2b), the proximal end having a deformation portion (e.g. see deformation portion having 2b), a circumferential groove (e.g. 4) adjacent to the deformation portion and an outer diameter of the fastening insert at the circumferential groove is less than a minimum outer diameter of the deformation portion (e.g. outer diameter of 4a and outer diameter of 2b). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the proximal end of Husain with a circumferential groove as taught by Auriol with reasonable expectation of success to provide easy of assembly and deformation (e.g. see description of groove 4, column 4 lines 21-31).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Husain and Auriol.
Husain appears to show an angle that may be 45 degrees for 80 but does not explicitly state 45 degrees in the reference. Husain discloses the claimed invention except for 45 degrees Discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Without the showing of some unexpected result. Since applicant has not shown some unexpected result the inclusion of this limitation is considered to be a matter of choice in design. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the cone shape to be 45 degrees with reasonable expectation of success as a matter of design choice (furthermore choosing an angle which is simplest to form would only require routine experimentation).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Husain and Billion.
Husain appears to show an angle that may be 45 degrees for 80 but does not explicitly state 45 degrees in the reference. Husain discloses the claimed invention except for 45 degrees Discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Without the showing of some unexpected result. Since applicant has not shown some unexpected result the inclusion of this limitation is considered to be a matter of choice in design. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the cone shape to be 45 degrees with reasonable expectation of success as a matter of design choice (furthermore choosing an angle which is simplest to form would only require routine experimentation).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant should review all reference on form 892 (Frasca teaches in short an assembly part having ends, deformation portion 31, rotation prevention since oval shape as seen in figure 6, Hatton teaches an assembly part 18 with fastening insert in figure 3, Goshia teaches to have a deformation portion 34a, a ledge that first in square recess of assembly part B, Leistner teaches an assembly in figures 12-14, Mangapora teaches an assembly part 402 having 100 and deformation portion 122 and recess adjacent to numeral 405, Billion teaches an assembly part having 10 with cone shape 18 and ledge 13, Jones, Mettler teaches assembly part 15 having 12 with 27 and deformable portion 26, Bossenmaier teaches an assembly part 3 and 4 with counter recess 10 with receives a fastening insert with first end received in the counter recess, a second end with deformable portion 9 and counterpart 5 being attached to assembly part and the reference of Auriol {4a adjacent o deformable portion 2b} can be used to teach a recess adjacent to the deformable portion in Bossenmaier). Disantis teaches to have a groove 314 adjacent to deformable portion 304. Reysser teaches an assembly part having a fastening insert in figure 6, a first end having 5, a second end having deformable portion 8 and a groove 11 adjacent to the deformable portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL A PATEL whose telephone number is (571)272-7060. The examiner can normally be reached 7:00 am to 4:00pm.
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, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/VISHAL A PATEL/Primary Examiner, Art Unit 3675
Prosecution Insights