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 .
Election/Restrictions
Applicant’s election without traverse of species I to figures 1-7 in the reply filed on 8/14/2026 is acknowledged. In an interview applicant elected claims 1-6 and claims 7-13 are withdrawn.
The election/restriction is made final.
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, 3 and 5-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Heese et al (EP4095395A1).
Heese discloses a device (e.g. figure ) for compensating for tolerances between two components to be connected to one another (e.g. the device of Heese is capable of connecting two components, see MPEP 2113-2114 with regard to intended use), wherein the device comprises a base element (e.g. 80) for fastening to one of the components (e.g. the base element is capable of connecting to a component, see MPEP 2113-2114 with regard to intended use), a compensating element (e.g. 7 similar to what is shown by via of example in figure 12) that is arranged in the base element in an axially movable and adjustable manner to compensate for tolerances relative to the base element (e.g. that is the case via 7 into 80), wherein the compensating element has a through-opening (e.g. 50 in the opening and having 32 and 40 via example in figure 12) in which a mating connecting element (e.g. 50 or 32 and 40 via example in figure 12) for a connecting element is arranged (e.g. again intended use, see MPEP 2113-2114), wherein the mating connecting element and the compensating element are set up in relation to one another in such a way that the compensating element for compensating for axial tolerances between the two components is movable relative to the base element in the compensation direction opposite to the insertion direction (e.g. see figure 31 and again the two components are intended use and the device of Heese is capable of this), and wherein the compensating element has a self-locking external thread (e.g. threads on external part of 7 in figure 31) on the outside and the mating connecting element has a non-self-locking internal nut thread (e.g. thread on inner surface of 7 similar to what is shown in figures via example 32 or B or 62). The external thread of the compensating element is designed as steep thread. Regarding claim 3: Wherein the external thread is formed in portions from multiple individual thread turns of the same pitch (e.g. see multiple threads in figure 31 and also via example in figure 22 by threads 3 or other figures). Regarding claim 5: wherein the compensating element is held in an axially immovable manner relative to the mating connecting element or the mating connecting element is held in an axially immovable manner relative to the compensating element (e.g. that is the case as seen in figure 31). Regarding claim 6: wherein the mating connecting element and the compensating
element are coupled to one another in a form-locking manner (e.g. see connection between 50 and 7).
Claim(s) 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Purwin et al (US20210301862A1).
Purwin discloses a device (e.g. figure ) for compensating for tolerances between two components to be connected to one another (e.g. the device of Purwin is capable of connecting two components, see MPEP 2113-2114 with regard to intended use), wherein the device comprises a base element (e.g. 1.6 and 1.7) for fastening to one of the components (e.g. the base element is capable of connecting to a component, see MPEP 2113-2114 with regard to intended use), a compensating element (e.g. 1.3) that is arranged in the base element in an axially movable and adjustable manner to compensate for tolerances relative to the base element (e.g. that is the case as seen in figure 3), wherein the compensating element has a through-opening (e.g. opening having 1.4) in which a mating connecting element (e.g. 1.4) for a connecting element is arranged (e.g. again intended use, see MPEP 2113-2114), wherein the mating connecting element and the compensating element are set up in relation to one another in such a way that the compensating element for compensating for axial tolerances between the two components is movable relative to the base element in the compensation direction opposite to the insertion direction (e.g. see figure 3 and again the two components are intended use and the device of Purwin is capable of this), and wherein the compensating element has a self-locking external thread (e.g. threads 1.11) on the outside and the mating connecting element has a non-self-locking internal nut thread (e.g. internal threads on internal surface of 1.1). Regarding claim 2: wherein the compensating element and/or the mating connecting element are/is formed in multiple parts (e.g. mating connecting element is made of 1.4 and 2). The external thread of the compensating element is designed as steep thread. Regarding claim 3: Wherein the external thread is formed in portions from multiple individual thread turns of the same pitch (e.g. see multiple threads in figure 3). Regarding claim 5: wherein the compensating element is held in an axially immovable manner relative to the mating connecting element or the mating connecting element is held in an axially immovable manner relative to the compensating element (e.g. that is the case as seen in figure 3). Regarding claim 6: wherein the mating connecting element and the compensating element are coupled to one another in a form-locking manner (e.g. see connection 1.4 and 1.1). It is noted that the reference does teach locking or tapping or non-positively locking and or metric threads in paragraph 0014. For expediating prosecution examiner has also provided a supplemental rejection if applicant does not agree that the reference teaches metric threads.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purwin.
Purwin discloses the claimed invention except for the internal threads being metric thread. Discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Without the showing of some unexpected result. Since applicant has not shown some unexpected result the inclusion of this limitation is considered to be a matter of choice in design. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the internal threads be metric thread with reasonable success as a matter of design choice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. If applicant want the compensating element to be split element see reference 20200332825 which is to the same assignee, WITTE Automotive GmbH. Also see references provided on form 892.
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
Prosecution Insights