DETAILED ACTION
This is a first action on the merits addressing the disclosure provided 06 September 2024.
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 .
Disposition of the Claims
Claims 1-12 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Information Disclosure Statement provided 07 July 2026, is entered.
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 1-12 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.
Below is a reproduction of the presented claims with the examiner’s comments in bold italics.
Claim 1: A connecting dome for fastening at least one component and/or for connecting two components, wherein the connecting dome is designed as an assembly unit and comprises a dome element with a longitudinal axis and a bore in which a tolerance compensation unit (“tolerance compensation unit” is indefinite as to the metes and bounds of what this limitation is as claimed) is arranged.
Claim 2: The connecting dome according to claim 1, wherein the dome element has such a shape in sections on an outer circumferential surface that it (indefinite as to what “it” references; i.e., pronouns should not be used in place of the element referenced) forms a form-fitting connection when encapsulated with a potting material (indefinite as claimed as to the metes and bounds of what constitutes a “potting material” as claimed).
Claim 4: The connecting dome according to claim 3, wherein the profile is designed as a rib profile, a force-fitting profile, a material-locking profile, and/or a form-fitting profile (“and/or” as provided is indefinite as this could encompass all of the profiles, and there is insufficient disclosure how the various profiles would interrelate).
Claim 6: The connecting dome according to claim 3, wherein the dome element has in sections (indefinite as to the metes and bounds of what constitutes “in sections”) on an outer circumferential surface such a profile that, when encapsulated with a potting material (indefinite for reasons previously provided), it forms a material, form-fitting, and/or force-fitting connection (“and/or” is indefinite for reasons previously provided).
Claim 8: The connecting dome according to claim 7, wherein the tolerance compensation unit is retained in the bore by the retainer in a form-fitting and/or force-fitting manner (“and/or” is indefinite for reasons previously provided).
Claim 9: The connecting dome according to claim 1, wherein the tolerance compensation unit is arranged in the bore in an initial state such that it (“it” is indefinite for reasons previously provided) terminates flush with the dome element (indefinite as to with what feature of the dome element, the claimed limitation is “flush”).
Claim 10: The connecting dome according to claim 1, wherein the tolerance compensation unit is arranged in the bore such that at least a part of the tolerance compensation unit in a compensation state (indefinite as to the metes and bounds of what constitutes a “compensation state”) projects at least in sections beyond the bore (indefinite as to with what feature the unit extends beyond the bore as claimed).
Claim 11: The connecting dome according to claim 1, wherein the tolerance compensation unit has an entrainment element comprising a spring element, or a drive interface (indefinite as to the metes and bounds of what constitutes “drive interface”) in or on the compensating element.
Claim 12: A fastening assembly for fastening the at least one component or for the connecting components to be connected to each other, wherein a plurality of connecting domes according claim 1 is provided and wherein the connecting domes are encapsulated or overmolded with a potting compound and are firmly connected to the component or one of the components, and the tolerance compensation unit in the fastened state (indefinite as to the metes and bounds of what constitutes a fastened state, as this has not been properly defined in the claims) to the component or in the connected state of the components compensates for any play with respect to the component or between the components. The language of this claim is indefinite as to the metes and bounds of “at least one component” or “connecting components” cannot be determined based on the language of the claim as presented.
Those claims listed under this heading but not directly addressed are rejected as being dependent from a rejected claim, either directly or indirectly.
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) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bente et al. (U.S Publication 2022/0196049 A1).
Below is a reproduction of the presented claims with the examiner’s comments in bold italics.
Claim 1: Bente discloses A connecting dome (1, 2) for fastening at least one component and/or for connecting two components, wherein the connecting dome is designed as an assembly unit (as shown and best understood) and comprises a dome element (2) with a longitudinal axis and a bore (containing 3) in which a tolerance compensation unit (3) is arranged.
Claim 2: Bente discloses The connecting dome according to claim 1, wherein the dome element has such a shape in sections (see portion 2, outside diameter as shown in Fig. 7 has protrusions) on an outer circumferential surface that it forms a form-fitting connection when encapsulated with a potting material (the potting material is claimed in functional language only; see however, where portion 2 is form fitted within portion proximate “A”).
Claim 3: Bente discloses The connecting dome according to claim 2, wherein the circumferential surface is in sections provided with a profile with recesses and/or webs (as shown, recesses are between the protrusions).
Claim 4: Bente discloses The connecting dome according to claim 3, wherein the profile is designed as a rib profile, a force-fitting profile, a material-locking profile, and/or a form-fitting profile (as shown, the outer surface of 2 meets all the claimed profiles using the broadest reasonable interpretation in light of the disclosure, as best understood).
Claim 5: Bente discloses The connecting dome according to claim 1, wherein the dome element has an internal profile comprising a thread profile or a screw profile (receiving element 1; 1 also has an internal threaded profile receiving 4) in sections (as shown, as no language has been provided to define the metes and bounds of what constitutes a “section”) on an inner circumferential surface.
Claim 6: Bente discloses The connecting dome according to claim 3, wherein the dome element has in sections on an outer circumferential surface such a profile that, when encapsulated with a potting material, it forms a material, form-fitting, and/or force-fitting connection (as shown, the outer surface of 2 meets the claimed types of connections; the language ”when encapsulated” is considered functional language only and does not positively claim the potting material).
Claim 7: Bente discloses The connecting dome according to claim 1, wherein the tolerance compensation unit comprises at least one compensating element (3) and a base element (4), which are adjustably in threaded engagement with each other (paragraph [0059] provides a threaded connection), and at least one retainer (e.g., “D”).
Claim 8: Bente discloses The connecting dome according to claim 7, wherein the tolerance compensation unit is retained in the bore by the retainer in a form-fitting and/or force-fitting manner (it form-fits to 4 and force-fits to 4 as best understood).
Claim 9: Bente discloses The connecting dome according to claim 1, wherein the tolerance compensation unit is arranged in the bore (this occurs when 1 is threaded in 2)) in an initial state such that it terminates flush with the dome element (the examiner takes the position that this occurs based on the location of 3 with respect to 2; i.e., how far element 1 is threaded in to 2 determines whether the compensation unit is flush – e.g., a bottom surface of the tolerance compensation unit is flush with a top of portion 2 of the dome.)
Claim 10: Bente discloses The connecting dome according to claim 1, wherein the tolerance compensation unit is arranged in the bore such that at least a part of the tolerance compensation unit in a compensation state projects at least in sections beyond the bore (as shown in e.g., Fig. 6, upper surface of 3 is above upper surface of 2).
Claim 11: Bente discloses The connecting dome according to claim 1, wherein the tolerance compensation unit has an entrainment element comprising a spring element (3 functions as a spring element against 4), or a drive interface in or on the compensating element (it meets drive interface as disclosed in paragraph [0059]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bente.
Below is a substantial reproduction of the claims presented addressing all limitations with the examiner’s comments in bold italics.
Claim 12: Bente discloses A fastening assembly for fastening the at least one component or for the connecting components to be connected to each other, except specifically wherein a plurality of connecting domes according claim 1 is provided. It would have been obvious at the time of filing to a person having ordinary skill in the art as a matter of duplication of parts to have this limitation because duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669 (CCPA 1960). See MPEP §2144.04. One having ordinary skill in the art would have as many fasteners as necessary based on the connection being made. The result of the obvious modification of the prior art provides wherein the connecting domes are encapsulated or overmolded with a potting compound (as shown in Fig. 7, the assembly is encapsulated by B1) and are firmly connected to the component or one of the components (as shown), and the tolerance compensation unit in the fastened state to the component or in the connected state of the components compensates for any play with respect to the component or between the components (as per its function).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Spickenheier (U.S. Publication 2022/0049733 A1)
Purwin et al. (U.S. Publication 2021/0301862 A1)
Zhou (U.S. Publication 2020/0040932 A1)
Schwarzbich (U.S. Publication 2015/0330435 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM V GILBERT whose telephone number is (571)272-9055. The examiner can normally be reached M-F 0800-0430 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eileen Lillis can be reached at 571.272.6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM V GILBERT/Primary Examiner, Art Unit 3993
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