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 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.
Claim(s) 1 and 3-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Figge (US 2020/0400173) in view of Yamada et al. (JP 201133164).
Regarding claim 1, Figge discloses a device Fig. 10 for fastening to a component having a base body 62 and a compensating element 20, wherein the compensating element is connected to the base body via a thread, and wherein the compensating element has a passage with a driver device 40 for a screw 80, wherein at least one centering element 10 for aligning the screw is formed in the passage, however, Figge fails to explicitly discloses wherein the at least one centering element is a centering rib. Yamada et al., a device for fastening to a component Fig. 3, discloses the use of centering rib 15 Fig. 3 which extends in a radial direction into the passage. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Figge with centering ribs as taught by Yamada et al. in order to help guide a screw during insertion, whereby the alignment can be adjusted very precisely. (Para. 0015 of English translation of Yamada et al.)
Regarding claim 3, the combination discloses wherein a plurality of centering ribs (15 of Yamada et al.) is arranged in a circumferential direction of the passage. Regarding claim 4, the combination discloses wherein the at least one centering element (15 of Yamada et al.) is formed integrally with the compensating element (13 of Yamada et al.). Regarding claim 5, the combination discloses wherein a free end of the at least one centering element 10 has a bevel Fig. 10 as an insertion aid for the screw 80. Regarding claim 6, the combination discloses wherein the driver device 40 is a spring element or spring clamp (Para. 0025).
Regarding claim 7, the combination discloses wherein the driver device 40 is connected in a form fit to the compensating element 20.
Regarding claim 8, the combination discloses wherein at least one fastening element (at 20 Fig. 8) projects into the passage in a radial direction in order to connect the driver device 40 to the compensating element 20 in a form fit. Regarding claim 9, the combination discloses wherein the at least one fastening element (at 20 Fig. 8) is a fastening rib.
Regarding claim 10, the combination discloses wherein the base body (2 of Yamada et al.) has a base element and a retaining ring (1 of Yamada et al.) connected to the base element in a form fit. Regarding claim 11, the combination discloses wherein the retaining ring (1 of Yamada et al.) has at least one groove (groove having 20 of Yamada et al.), and the base element has at least one rib (20 of Yamada et al.) which is complementary with the groove in order to achieve a form fit.
Regarding claim 12, the combination discloses the invention as claimed above but fails to explicitly disclose wherein the retaining ring has at least two grooves having a different shape. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) Regarding claim 13, the combination discloses the invention as claimed above but fails to explicitly disclose wherein the base element has at least two ribs having a different shape. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)
Regarding claim 14, the combination discloses wherein the plurality of centering ribs (15 of Yamada et al.) in each case is equidistant from the nearest centering rib (Fig. 4 of Yamada et al.).
Response to Arguments
Applicant's arguments filed 7/24/26 have been fully considered but they are not persuasive. Applicant argues that the Figge nor the Yamada reference teach or suggest wherein the at least one centering element is a centering rib which extends in a radial direction into the passage. This is not persuasive, Yamada reference does in fact teach a projection 15 (centering ribs according to the Examiner) which extends in a radial direction into the passage capable of aligning the screw formed in the passage ensuring that the screw is inserted correctly into the device to carry out further functions. Moreover, a recitation with respect to the manner in which an apparatus is intended to be employed does not impose any structural limitation upon the claimed apparatus which differentiates it from a prior art reference disclosing the structural limitations of the claim. See MPEP 2111.02.
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 EUGENE G BYRD whose telephone number is (571)270-1824. The examiner can normally be reached Monday-Friday 9am-5:30pm.
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/EUGENE G BYRD/Primary Examiner, Art Unit 3675
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