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 .
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the threaded section side" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 1 will be read as “a threaded section side”.
Claim 2 recites the limitation "the stepped section side" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 2 will be read as “a stepped section side”.
Claim 8 recites the limitation "the head section side" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 8 will be read as “a head section side”.
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) 1-3 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogimura (US20080084065A1), hereinafter "Ogimura-1".
Regarding claim 1, as best understood, Ogimura-1 teaches a fastening member (Fig 1A, device 30) comprising:
a fastening main body section (see Fig 1A, Examiner notes a body of upper bolt 35 as a fastening main body section); and
a coil spring (Fig 1A, spring 36B) assembled (see Fig 1A) with the fastening main body section (see Fig 1A), wherein
the fastening main body section (see Fig 1A) includes
a threaded section (Fig 1A, portion 35a) configured to be coupled (capable of being coupled, i.e. this is a functional recitation; see Fig 1A) to a coupling target (Fig 1A, flange 32),
a shaft section (see Fig 1A, Examiner notes a shaft section of upper bolt 35 as a shaft section) extending (see Fig 1A) from one end (see Fig 1A) of the threaded section (35a),
a head section (Fig 1A, head 35h) provided (see Fig 1A) on a side (see Fig 1A) of the shaft section (see Fig 1A) opposite (see Fig 1A) to the threaded section side (see Fig 1A, Examiner notes a side of upper bolt 35 distal from head 35h as the threaded section side), the head section (35h) having a maximum diameter (see Fig 1A) greater (see Fig 1A) than an inner diameter (see Fig 1A) of the coil spring (36B),
a stepped section (see Fig 1A, Examiner notes a stepped section of upper bolt 35 adjacent head 35h as a stepped section) provided between (see Fig 1A) the shaft section (see Fig 1A) and the head section (35h), and
a locking section (see Fig 1A, Examiner notes a section of upper bolt 35, i.e. a shoulder, adjacent head 35h as a locking section) provided (see Fig 1A) in the stepped section (see Fig 1A) or the head section and configured to lock (see Fig 1A) the coil spring (36B), and
the coil spring (36B) is configured to
be inserted (see Fig 1A) into the shaft section (see Fig 1A) and the stepped section (see Fig 1A), and
be locked (see Fig 1A) to the locking section (see Fig 1A).
Regarding claim 2, as best understood, Ogimura-1 teaches the fastening member (30) according to claim 1 and further teaches wherein
the threaded section (35a) is configured to be screwed (capable of being screwed, i.e. this is a functional recitation; see Fig 1A) to another fastening member (Fig 1A, nut 34) in an end portion (see Fig 1A) on a side (see Fig 1A) opposite (see Fig 1A) to the stepped section side (see Fig 1A, Examiner notes a side of upper bolt 35 adjacent head 35h as the stepped section side), and
the shaft section (see Fig 1A) includes an intermediate brim section (see Fig 1A, Examiner notes a brim of upper bolt 35 between flanges 32, 33 as includes an intermediate brim section) positioned between (see Fig 1A) the stepped section (see Fig 1A) and the threaded section (35a) and at least partially inside (see Figs 1-2, Examiner notes the brim of upper bolt 35 between flanges 32, 33 being within an outer envelope of spring 36B as at least partially inside) the coil spring (36B) and configured to protrude (see Fig 1A) with a diameter (see Fig 1A) smaller (see Fig 1A) than the inner diameter (see Fig 1A) of the coil spring (36B).
Regarding claim 3, as best understood, Ogimura-1 teaches the fastening member (30) according to claim 1 and further teaches wherein the locking section (see Fig 1A) is an annular protrusion (see Fig 1A) extending (see Fig 1A) in a circumferential direction (see Fig 1A) of the stepped section (see Fig 1A).
Regarding claim 8, as best understood, Ogimura-1 teaches the fastening member (30) according to claim 1 and further teaches wherein
the coil spring (36B) is **formed by winding** a wire (see Fig 1A), and
a protrusion section (see Fig 1A, Examiner notes a section of the stepped section between a chamfer and head 35h of upper bolt 35 as a protrusion section) of the stepped section (see Fig 1A) is provided (see Fig 1A) at a position (see Fig 1A) corresponding to a third turn or less (see Fig 1A) of the coil spring (36B) from the head section side (see Fig 1A, Examiner notes a side of upper bolt 35 adjacent head 35h as the head section side) in a longitudinal direction (see Fig 1A) of the fastening main body section (see Fig 1A).
**Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
Regarding claim 9, as best understood, Ogimura-1 teaches the fastening member (30) according to claim 1 and further teaches wherein the coil spring (36B) is configured to freely rotate (capable of freely rotating, i.e. this is a functional recitation; see Fig 1A) with respect to the fastening main body section (see Fig 1A).
Regarding claim 10, as best understood, Ogimura-1 teaches the fastening member (30) according to claim 1 and further teaches wherein the fastening member (30) is configured to form (capable of forming, i.e. this is a functional recitation; see Fig 1A) a part (see Fig 1A, Paragraphs 0037-0038) of an exhaust pipe spherical joint structure (see Fig 1A, Paragraphs 0037-0038, Ogimura-1 indicates an exhaust pipe connecting device including a spherical seal member 31a) for fastening (see Fig 1A) a first pipe (Fig 1A, pipe 21) and a second pipe (Fig 1A, pipe 22) configuring an exhaust pipe (see Fig 1A, Paragraphs 0037-0038, Ogimura-1 indicates exhaust pipes 21, 22) of a vehicle (see Fig 1A, Paragraph 0037, Examiner notes engine 10 (an internal combustion engine) is elastically mounted on a vehicle body-side member 15 as of a vehicle).
Regarding claim 11, as best understood, Ogimura-1 teaches an exhaust pipe (see Fig 1A, Examiner notes pipes 21, 22 as an exhaust pipe) for a vehicle (see Fig 1A, Paragraph 0037), comprising:
a first pipe (Fig 1A, pipe 21);
a second pipe (Fig 1A, pipe 22); and
the fastening member (30) according to claim 1 (see claim 1 above), the fastening member being (30) configured to form (see Fig 1A, Paragraphs 0037-0038) a part (see Fig 1A) of an exhaust pipe spherical joint structure (see Fig 1A, Paragraphs 0037-0038, Ogimura-1 indicates an exhaust pipe connecting device including a spherical seal member 31a) configured to fasten (see Fig 1A) the first pipe (21) and the second pipe (22).
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogimura (US20080084065A1), hereinafter "Ogimura-2".
Regarding claim 1, as best understood, Ogimura-2 teaches a fastening member (Fig 1A, device 30) comprising:
a fastening main body section (see Fig 1A, Examiner notes a body of upper bolt 35 as a fastening main body section); and
a coil spring (Fig 1A, spring 36B) assembled (see Fig 1A) with the fastening main body section (see Fig 1A), wherein
the fastening main body section (see Fig 1A) includes
a threaded section (Fig 1A, portion 35a) configured to be coupled (capable of being coupled, i.e. this is a functional recitation; see Fig 1A) to a coupling target (Fig 1A, flange 32),
a shaft section (see Fig 1A, Examiner notes a shaft section of upper bolt 35 as a shaft section) extending (see Fig 1A) from one end (see Fig 1A) of the threaded section (35a),
a head section (Fig 1A, head 35h) provided (see Fig 1A) on a side (see Fig 1A) of the shaft section (see Fig 1A) opposite (see Fig 1A) to the threaded section side (see Fig 1A, Examiner notes a side of upper bolt 35 distal from head 35h as the threaded section side), the head section (35h) having a maximum diameter (see Fig 1A) greater (see Fig 1A) than an inner diameter (see Fig 1A) of the coil spring (36B),
a stepped section (see Fig 1A, Examiner notes a stepped section of upper bolt 35 adjacent head 35h as a stepped section) provided between (see Fig 1A) the shaft section (see Fig 1A) and the head section (35h), and
a locking section (see Fig 1A, Examiner notes a flange of head 35h as a locking section) provided (see Fig 1A) in the stepped section or the head section (35h) and configured to lock (see Fig 1A) the coil spring (36B), and
the coil spring (36B) is configured to
be inserted (see Fig 1A) into the shaft section (see Fig 1A) and the stepped section (see Fig 1A), and
be locked (see Fig 1A) to the locking section (see Fig 1A).
Regarding claim 6, as best understood, Ogimura-2 teaches the fastening member (30) according to claim 1 and further teaches wherein the locking section (see Fig 1A) is provided separately (see Fig 1A) from the stepped section (see Fig 1A) and extends (see Fig 1A) in a circumferential direction (see Fig 1A) of the stepped section (see Fig 1A).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogimura-1, in view of Imai et al. (US3843080A), hereinafter "Imai".
Regarding claim 4, as best understood, Ogimura-1 teaches the fastening member (30) according to claim 1 but fails to teach wherein the locking section is one or a plurality of protrusions intermittently provided in a circumferential direction of the stepped section.
However, Imai teaches it is known to provide wherein the locking section (see Fig 1, Examiner notes an unthreaded shoulder of bolt 1 as the locking section) is one or a plurality of protrusions (Fig 1, projections 1a) intermittently (see Fig 1) provided (see Fig 1) in a circumferential direction (see Fig 1) of the stepped section (see Fig 1, Examiner notes the unthreaded shoulder as the stepped section).
Therefore, as evidenced by Imai, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the locking section of Ogimura-1 to include adequately sized and shaped one or a plurality of protrusions intermittently provided in a circumferential direction of the stepped section as taught by Imai. The rationale for supporting this conclusion of obviousness is to provide alternative methods of stopping the spring based on application and use requirements, e.g. optimizing manufacturing, reducing cost/weight, accommodating different springs, etc.
Regarding claim 5, as best understood, modified Ogimura-1 teaches the fastening member (30) according to claim 4 and further teaches wherein the plurality of protrusions (1a) are positioned (Imai, see Fig 1) at equal intervals (Imai, see Fig 1) in the circumferential direction (see Fig 1A) of the stepped section (see Fig 1A).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogimura-2, in view of Wang (CN106089925A), hereinafter "Wang".
Regarding claim 7, as best understood, Ogimura-2 teaches the fastening member (30) according to claim 1 and further teaches wherein the locking section (see Fig 1A) is provided (see Fig 1A) in the head section (35h) but fails to teach and includes a claw portion configured to be locked with the coil spring.
However, Wang teaches it is known to provide a claw portion (Fig 1, groove 110) configured to be locked (see Fig 1) with the coil spring (Fig 1, spring 300).
Therefore, as evidenced by Wang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped claw portion configured to be locked with the coil spring as taught by Wang to Ogimura-2. The rationale for supporting this conclusion of obviousness is to mitigate undesired movement of the spring.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCK WONG whose telephone number is (571)270-1349. The examiner can normally be reached Monday - Friday, 7:30am - 5:00pm (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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