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
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) 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Franck (EP 1637750).
Regarding claim 16, Franck discloses a fastening device 2 Fig. 1 for a rail element of a longitudinal adjustment device, comprising at least one securing plate 1 with a through-opening 4 and a bolt 10 with at least one external thread 11, wherein the bolt is prefixed and held in the through- opening by self-locking, and wherein the securing plate has a first strength and the bolt has a second strength.
Regarding claim 17, Franck discloses wherein the first strength (soft materials) is lower than the second strength.
Regarding claim 18, Franck discloses wherein the securing plate 1 has a number of noses 6, 8 on an inner circumference of the through-opening 4 to prefix the bolt 10.
Regarding claim 19, Franck discloses wherein at least two noses 6, 8 are provided, which are molded with a height offset from one another Fig. 1 on the inner circumference of the through-opening 4.
Regarding claim 20, Franck discloses wherein, in the assembled state, the noses 6, 8 are arranged to engage in external thread 11 flights of the bolt 10.
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) 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franck in view of Kobusch (EP 0272495).
Regarding claim 21, Franck discloses the invention as claimed above but fails to explicitly disclose wherein the through-opening of the securing plate is provided with a ring. Kobusch, a fastening device Fig. 4, discloses a securing plate 1 is provided with a sealing ring 6. 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 the securing plate of Franck with a sealing ring as taught by Kobusch in order to provide a better seal between the bolt and the plate.
Regarding claim 22, the combination discloses wherein the ring (6 of Kobsuch) is provided to enter into self-locking engagement with the bolt 10 when the bolt is joined with the securing plate 1.
Regarding claim 23, the combination discloses wherein the ring (6 of Kobsuch) is a sealing element.
Regarding claim 24, the combination discloses wherein the ring (6 of Kobsuch) is connected to the through-opening at least by a material bond.
Regarding claim 25, the combination discloses wherein the ring (6 of Kobsuch) is capable of being vulcanized into the through-opening.
Regarding claim 26, the combination discloses wherein the securing plate (1 of Kobsuch Fig. 4) has an internal thread with an internal thread pitch on an inner circumference of the through-opening to prefix the bolt 10, wherein the internal thread pitch of the through-opening is different from an external thread 11 pitch of the bolt.
Claim(s) 29 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franck in view of Heinz et al. (DE 102006042048).
Regarding claim 29, Franck discloses the invention as claimed above but fails to explicitly disclose a rail element for a longitudinal adjustment device. Heinz et al., discloses a fastening device for a rail element 5 Fig. 1. 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 the fastening device of Franck on a rail element as taught by Heinz et al. with a reasonable expectation of success, since the Heinz et al. shows that it is well known in the art to various fastening devices for rail elements.
Regarding claim 30, the combination discloses wherein the bolt 10 is guided through the through-opening of the securing plate 11 and is arranged engaging partially into the mounting opening of the rail element (5 of Heinz et al.).
Allowable Subject Matter
Claims 27 and 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: In view of a review of the prior art by the Examiner; the prior art of record neither teaches nor suggests all of the claimed subject matter of claims 27 including where the securing plate comprises at least one recess, which is arcuate or angular, on the outer perimeter. There is no motivation to modify the prior art references, absent the applicant’s own disclosure, in the manner required by the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Relevant prior art to Sampson (US 10668878) discloses fastening device having securing plate 20 Fig. 5 and a bolt 56 fixed thereto.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at 5712727376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUGENE G BYRD/Primary Examiner, Art Unit 3675
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