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 § 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.
Claim(s) 20-25, 27 and 34-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Limpert (US.20130315691).
Limpert discloses a decompression lock having a bolt comprising at least two separately formed bolt elements (e.g. 10 and 24), wherein a first bolt element (e.g. 10) comprises a bolt head (e.g. 12) and a second bolt element (e.g. 24) comprises a connecting means (e.g. 28 to 14), which bolt elements (e.g. 10 and 24) are connected to one another in a rotationally fixed manner such that they can be detached from one another (e.g. figures 5-7), and a clamp element (e.g. clamp element have one of 22) is provided, which enables the detachable connection, and wherein the clamp element is connected securely and non-detachably to one of the bolt elements (e.g. figures 5-7), in particular to the first bolt element, and is detachably connected to the other bolt element (e.g. figures 1-7).
Regarding claim 21: Wherein the clamp element (16) comprises at least one retaining finger (e.g. each circumferential element or side with 22) that extends away from the bolt head (e.g. figures 1-2) along the first bolt element.
Regarding claim 22: Wherein the free end of the retaining finger (e.g. end of 22 that engages 36) engages in the second bolt element.
Regarding claim 23: Wherein the second bolt element (e.g. 24) comprises a groove (e.g. 36) in which the free end of the retaining finger engages (e.g. figure 6, 22 and 36).
Regarding claim 24: Wherein the clamp element and the first bolt element are formed from the same material (the clamp element and the first bolt are made of material that is used for 18 and see figure 7 and figures 1-2).
Regarding claim 25: Wherein the clamp element and the first bolt element together form a single injection-molded part, in particular a metal powder injection-molded part (e.g. regard to injection molded part which is method limitation, method limitation is given little or no patentable weight in an apparatus claim when the apparatus provides the structural limitation of the claims, see MPEP 2113-2114).
Regarding claim 27: Wherein the first and second bolt elements are made of different materials (e.g. see cross-section that shows different material of the first bolt 10 and second bolt 24 in figure 7).
Regarding claim 33: Wherein the clamp element comprises two retaining fingers (e.g. at least four circumferential sides that are considered as fingers form 14) which are arranged opposite one another.
Regarding claim 34: Wherein the unit constituted by the first bolt element and the clamp element is formed symmetrically along a plane through the longitudinal axis of the bolt (see figures 1-2, which shows cross-section and isometrical view of the first bolt).
Regarding claim 35: Wherein the clamp element delimits an insertion space (e.g. space 14) with its at least two retaining fingers in that the first bolt element comprises, in addition to the bolt head, a bolt shaft arranged concentrically with respect to the bolt head, in that a concentric bolt receptacle is provided in the bolt shaft on the side of the bolt shaft facing the second bolt element, in that the second bolt element comprises, on its side facing the bolt shaft, a bolt plunger (e.g. plunger having 28) which is complementary in shape to the bolt receptacle (e.g. square opening 14), in that the bolt plunger is arranged in the bolt receptacle, and in that the bolt plunger is adjoined by a conical insertion region (e.g. taper top portion of 28 that is received in 14) which extends as far as a shaft of the second bolt element (e.g. see figures).
Regarding claim 36: Wherein the second bolt element comprises the groove in the shaft adjacent to the cone (e.g. 36).
Regarding claim 37: Wherein the shape of the bolt receptacle and the shape of the bolt plunger together act to ensure torsional strength about the longitudinal axis of the bolt elements (e.g. see shape that is square).
Regarding claim 38: Wherein the bolt plunger and the bolt receptacle are polygonal in cross-section (e.g. see figures 1-7).
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) 26 is rejected under 35 U.S.C. 103 as being unpatentable over Limpert.
Limpert discloses the claimed invention except for the first and second bolt elements are made of same material that is stainless steel. It would have been obvious to one having ordinary skill in the art at the time the invention was made to the hard material of the first bolt and the second bolt be made of stainless steel with reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Furthermore when the bolts are made of stainless steel the bolts can withstand larger loads of force.
Claim(s) 28-32 are rejected under 35 U.S.C. 103 as being unpatentable over Limpert in view of Kawai (US. 7188393).
Limpert discloses the invention as claimed above but fails to disclose wherein a washer is provided for enlarging the bearing surface of the bolt head, the washer being arranged between the bolt head and a free end of the bolt, wherein the clamp element engages through the washer in the axial direction, wherein the washer mounted on the clamp element is secured in its position between the bolt head and the retaining finger by at least one retaining means provided on the clamp element, wherein the retaining means is designed as a projection that extends in the radial direction with respect to the longitudinal extent of the retaining finger in particular on the outside of the retaining finger, wherein the projection comprises guide slopes for the washer. Kawai discloses a first bolt (e.g. 1A) having a bolt head (e.g. 6A), an extension or finger (e.g. 7a) extending away from the head, a washer (e.g. 18) is provided for enlarging the bearing surface of the bolt head, the washer being arranged between the bolt head and a free end of the bolt (e.g. see figure 13), wherein the extension or finger engages through the washer in the axial direction, wherein the washer mounted on the extension or finger is secured in its position between the bolt head and the finger by at least one retaining means (e.g. 9) provided on the clamp element, wherein the retaining means (e.g. 9) is designed as a projection (e.g. projection 9) that extends in the radial direction with respect to the longitudinal extent of the retaining finger in particular on the outside of the retaining finger, wherein the projection comprises guide slopes for the washer (e.g. slopes of the finger, see figure 13). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have the first bolt of Limpert with washer and projection on the finger to holt the washer in place as taught by Kawai with reasonable expectation of success to secure the first bolt on larger mounting holes (inherent use of washer) and also to provide resiliency by the washer in a connection (e.g. function of washer and also see description of 2 in Kawai).
Conclusion
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