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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-10 and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Figge et al (US11898593).
Figge discloses a device for fastening to a component having a base body (e.g. 3) and a compensating element (e.g. figure 1), wherein the compensating element (e.g. 10, 30 and 50) is connected to the base body via a thread (e.g. 18), and wherein the compensating element has a passage (e.g. through passage by 16, 52 and 66) with a driver device (e.g. 30) for a screw, characterized in that the driver device is connected in a form fit (e.g. outer diameter 30 to inner diameter of 16) to the compensating element. Wherein the drive device is a spring element or spring clamp (e.g. element 30 with spring arms 38). Wherein at least one fastening element (e.g. 60) projects into the passage in a radial direction in order to connect the drive device in the form fit to the compensating element (e.g. the element 60 having ribs 72, 70 and 64). Wherein the drive device is recessed into which the at least one fastening element designed as a fastening rib protrudes and/or the drive device engages the at least one fastening element in a circumferential direction (e.g. top surface of the spring element 30 contacts end 64 of the fastening element in a circumferential direction).
Regarding claim 4: Wherein the at least one fastening element is a fastening rib (e.g. rib 72).
Regarding claim 5: Wherein at least one centering element (e.g. chamfered surface having ribs 56) for aligning the screw is formed in the passage.
Regarding claim 6: Wherein the at least one centering element is designed as a centering rib (e.g. ribs 56) which extends in the radial direction into the passage (e.g. portion of passage having 52).
Regarding claim 7. Wherein a plurality of centering ribs (e.g. ribs 56) is arranged in the circumferential direction of the passage.
Regarding claim 8: Wherein the centering element (e.g. 56) is formed integrally with the compensating element.
Regarding claim 9: Wherein a free end of the at least one centering element has a bevel (e.g. 52 or bevel on top of 60) as an insertion aid for the screw.
Regarding claim 10: Wherein the base body has a base element (e.g. 3) and a retaining ring (e.g. A) connected to the base element in a form fit (e.g. form fit receiving A).
Regarding claim 14: Wherein the plurality of centering ribs in each case is equidistant from the nearest centering rib (ribs 56 are equidistant from each other).
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 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bernauer (DE102016212549A1) in view of Figge.
Bernauer discloses a device for fastening to a component having a base body (e.g. 1, 13, and 14) and a compensating element (e.g. element having 7), wherein the compensating element is connected to the base body via a thread (e.g. threads between 1 and 2), and wherein the compensating element has a passage (e.g. through passage having 5) with a driver device (e.g. 7) for a screw, characterized in that the driver device is connected in a form fit (e.g. outer diameter 7 to inner diameter of 2) to the compensating element (e.g. figure 3). Regarding claim 2: Wherein the driver device is a spring element or spring clamp (e.g. 7 is a spring element or spring clamp). Wherein at least one fastening element (e.g. 48) projects into the passage in a radial direction in order to connect the drive device in the form fit to the compensating element (e.g. end of 48 extends radially and circumferentially into the passage of 45). Regarding claim 10: Wherein the base body (e.g. figure) has a base element (e.g. 13/14) and a retaining ring (e.g. 11) connected to the base element in a form fit (e.g. see figure 1, interaction of 19 and 20). Regarding claim 11: Wherein the retaining ring (e.g. flat surface having 20) has at least one groove (e.g. groove receiving 19), and the base element has at least one rib (e.g. 19) which is designed to be complementary with the groove in order to achieve a form fit.
Bernauer discloses the invention as claimed above but fails to disclose wherein the drive device is recessed into which the at least one fastening element designed as a fastening rib protrudes and/or the drive device engages the at least one fastening element in a circumferential direction. Figge discloses a drive device engages at least one fastening element in a circumferential direction (e.g. top surface of the spring element 30 contacts end 64 of the fastening element in a circumferential direction). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the at least one fastening element of Bernauer to extend axially longer to contact a drive device in a circumferential direction as taught by Figge with reasonable expectation of success as to hold the drive device in place in the passage (e.g. “In this way, the dragging element 30 is, in the longitudinal direction of the threaded bush 10, clamped between the step 20 of the threaded bush 10 and the second axial end 64 of the securing sleeve 60.”, see Figge).
Regarding claims 12 and 13: Bernauer discloses the invention as claimed above but fails to at least two grooves have a different shapes and the base element hast at least two ribs having a different shape. To have change in shape and plurality of elements are considered to be obvious design variant to the crimple knurled connection. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to configure the rib and groove of Bernauer to be two ribs and two grooves of different size as design variant, with reasonable expectation of success since having one or two or even more different sizes provides same function as being installed dual 180 degrees positions. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Further evidence is shown by DE102021118920 figure 3, DE102018201496A1 figure 5 and Figure 2 of DE20016150U1.
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.
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.
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/VISHAL A PATEL/Primary Examiner, Art Unit 3675
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