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 . 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.84(h)(2) for including a partial view without its own label in Figure 1a.
The drawings are objected to under 37 CFR 1.84(h) and 37 CFR 1.84(u) because Figures 4b, 4d, 5b, 5d, 6b, 6d,7b, 7d include multiple views under a single label, and therefore the views are not “clearly separated from one another”. Further, “the different views must be numbered in consecutive Arabic numerals”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 Objections
Claims 1, 4, 13, 14, 16, 18 and 19 objected to because of the following informalities: 37 CFR 1.75(i) for failing to separate claim elements by line indentation in at least claims 1, 4, 13, 14, 16, 18 and 19. Appropriate correction is required.
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 12 and 13 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.
Regarding Claims 12 and 13 the claims are directed to a “The connecting joint assembly as claimed in claim 1” and claim 13 relies on 12, but they introduce limitations regarding a “pre-assembly tool’. It is unclear whether the “pre -assembly tool is intended to be positively claimed structural part of the invention or if it’s merely a functional limitation describing how the connecting joint assembly could be assembled by a user. Because the tool is not a structural limitation (such as having “two substantially radially outer guider surfaces”), the claim makes it impossible to determine the clear metes and bounds of the claimed connecting joint assembly.
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.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102019104439 A1 (Hess).
Regarding Claim 1 Hess discloses A connecting joint assembly ( Figure 1 element 9) for connecting a length-adjustable drive assembly (Figure 1 element 1 ) to a motor vehicle (Figure 1 shows the motor vehicle), in particular to a closure element (Figure 1 element 2) of the motor vehicle ( Figure 1 the vehicle element 2 is attached to), wherein the connecting joint assembly (9) has a ball pin (Figure 3 element 17), wherein the ball pin (17) has a ball head (Figure 3 element 18) and a pin shaft (Figure 3 element 19) with a connecting section (Figure 3 element 19a) for fastening the ball pin (17) to the motor vehicle ( Figure 1 the vehicle element 2 is attached to) or to the drive assembly, wherein the connecting joint assembly (9) has a ball socket unit (Figure 3 element 20), which forms a ball joint ( Figure 3 element 21) with the ball pin (17) in the mounted state, wherein the ball socket unit (20) has a ball socket (Figure 3 element 22) with a geometric central axis ( Figure 3 element M) and a radially inner cavity ( Figure 3 element 24) for receiving the ball head (18), which is inserted in an axial insertion direction (Paragraph 29), with an insertion opening (Figure 5 element 23) for inserting the ball head (18) into the inner cavity (24) and with a plurality of feedthroughs (Figure 5 element 25) leading from the outside into the cavity (24), wherein the ball socket unit (20) has a connecting section (Figure 3 element 23a) for fastening the ball socket unit (20) to the drive assembly (1) or to the motor vehicle, wherein the connecting joint assembly (9) has a securing clip (Figure 3 element 26) for locking the ball head (18) in the ball socket (22), wherein the securing clip (26) has a bracket section (Figure 5 element 27) and locking tongues (Figure 5 element 28) connected thereto, wherein, in the mounted state, the respective locking tongue (28) extends from the bracket section (27) through a respectively assigned one of the feedthroughs (25) into the cavity (24), wherein the locking tongues (28) engage behind the ball head (18) in the mounted state on its side facing the pin shaft (19) wherein the securing clip is displaceable, within the scope of a removal, from a securing position, in which the securing clip holds the ball head in the ball socket and in which the securing clip is held captively on the ball socket unit, into a removal position, in which the ball pin is releasable from the ball socket unit , wherein the securing clip is held captively in the removal position on the ball socket unit ( Claim 3 teaches the ball head can be brought into s second position relative to the ball socket in which outward movement of the respective locking tongue is permitted to release the ball head serving as the removal position while the clip is held captively on the ball socket unit).
Regarding claim 2 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein at least one locking tongue (28) on its side facing away from the bracket section (27) has a securing section (31) which is angled, substantially perpendicularly, from the locking tongue (28) (see figure 5b, where blocking element 31 projects perpendicularly).
Regarding claim 3 Hess discloses the connecting joint assembly (9) as claimed in claim 2, wherein, in the mounted state of the securing clip (26), the securing section ( Figure 5b element 31 is the blocking element acting as the securing section) is in engagement with a substantially outwardly directed stop surface of the ball socket unit ( Figure 5b element 32 is the stop surface located on the radially outer boundary of the feedthrough to block outward expansion acting as the outwardly directed stop surface), the stop surface facing away from the bracket section ( Figure 5b element 32 is the stop surface which points toward the central axis which is facing away from the outer rear position of element 27), in such a way or can be brought into engagement in such a way, that the securing clip is held captively on the ball socket unit (Figure 5b element 31 engaging element 32 creates an interlock that prevents the tongue from escaping holding the clip captively against separation).
Regarding claim 4 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein, in the mounted state of the securing clip (26), the locking tongues (28) are in engagement with a respective guide section (25) of the ball socket unit (20), and wherein the guide sections (25) are beveled transversely with respect to the geometric central axis (M) and thus form a ramp-shaped guide section in such a way that the distance between the two ramp-shaped guide sections (25) along the geometric central axis decreases in the direction of the insertion opening (23; see figure 5).
Regarding claim 5 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein the securing clip (26) in its securing position is at a smaller distance from the insertion opening (23) than in its removal position (see figures 4 and 5).
Regarding claim 6 Hess discloses the connecting joint assembly (9) as claimed in claim 4, wherein the securing clip (26) is held in its securing position, and/or wherein, in the securing position, the locking tongues (28) lie against the guide sections (25) in such a way that the securing clip (26) is held in its securing position (see figures 4 and 5).
Regarding claim 7 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein the securing clip (26) is configured to be brought into the removal position by a removal force acting on the bracket section (27) in a removal direction (see figure 4).
Regarding claim 8 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein the securing clip (26) can be brought into its removal position by a movement along the geometric central axis (M) and a movement transversely with respect to the geometric central axis (Figure 4 element 26 is the securing clip which inherently moves both along and transversely to the central axis because the removal steps would be the opposite as shown in figure 4 where force against the bracket portion would be inherent as the clip would have to push against the ramps to removed).
Regarding claim 9 Hess discloses the connecting joint assembly (9) as claimed in claim 1, in the removal position, the locking tongues (28) are spaced apart from each other in such a way that the ball head (18) can be guided between the two locking tongues (28) (see figures 4 and 5a).
Regarding claim 11 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein, within the scope of pre-assembly, the securing clip (26) can be pushed into a pre-assembly position in the ball socket unit (20) in such a way that the securing clip (26) is held captively in the ball socket unit (20) (see figure 4).
Regarding claim 12 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein, using a pre-assembly tool (see NOTE below) introduced into the inner cavity (24) of the ball socket (22), the securing clip (26) can be pushed into the ball socket unit (20).
NOTE: It is to be noted the tool is not a part of the connecting joint assembly itself and therefore limitations directed to the tool add no patentable weight to the invention of the connecting joint assembly. See also the 112(b) rejection above.
Regarding claim 13 Hess discloses the connecting joint assembly (9) as claimed in claim 12, wherein the pre-assembly tool (see NOTE in claim 12 above) has two substantially radially outer guide surfaces which can be brought into engagement in each case with an associated locking tongue (28) and/or an associated securing section (31), when the securing clip (26) is inserted into the ball socket unit (20), in such a way that the locking tongues (28) are moved away from each other on insertion into the ball socket unit (20; see figures 3 and 5).
Regarding claim 14 Hess discloses the connecting joint assembly (9) as claimed in claim 1, wherein, within the scope of a main assembly of the connecting joint assembly, the securing clip (26) can firstly be transferred into an assembly position by a movement of the ball head (18) in the insertion direction (X)into the inner cavity (24) ( see figure 4), wherein a further movement of the ball head (18) in the insertion direction (X) causes the ball head (18) to be inserted into the cavity (24) of the ball socket (22) , and wherein the securing clip (26) can be automatically transferred into its securing position following the ball pin assembly (see figures 4 and 5).
Regarding claim 15 Hess discloses the connecting joint assembly as claimed in claim 1, wherein, in the mounted state of the securing clip (26), the latter is held captively on the ball socket unit (22; see Claim 3 of Hess).
Regarding claim 16 Hess discloses a drive assembly for adjusting a closure element of a motor vehicle with an, in particular motorized drive unit and with a feed mechanism connected downstream of the latter for adjusting the length of the drive assembly (Figure 2 element 1 is the drive assembly for adjusting element 2 the closure element of the motor vehicle with element 3 the motorized drive unit and element 6 the feed mechanism connected downstream of the drive unit fort adjusting the length of the drive assembly), and with at least one connecting joint assembly as claimed in claim 1, by which the drive assembly is furthermore fastenable to the closure element or to the motor vehicle ( Figure 1 element 9 and element 10 are connecting join assemblies by means of which the drive assembly is fastenable to the closure element or to the motor vehicle).
Regarding claim 17 Hess discloses a closure element assembly with a closure element, which is assigned a drive assembly as claimed in claim 16 (Figure 1 element 2 the closure element assembly with element 3 the closure element assigned element 1 the drive assembly).
Regarding claim 18 Hess discloses a method for removal of a connecting joint assembly for connecting a length-adjustable drive assembly to a motor vehicle (Figure 1 element 9 and element 10 the join assemblies for connecting element 1 to element 2), wherein the connecting joint assembly has a ball pin ( Figure 3 element 17), wherein the ball pin has a ball pin (Figure 3 element 17), wherein the ball pin (17) has a ball head (Figure 3 element 18) and a pin shaft (Figure 3 element 19) with a connecting section (Figure 3 element 19a) for fastening the ball pin (17) to the motor vehicle ( Figure 1 the vehicle element 2 is attached to) or to the drive assembly (1),wherein the connecting joint assembly (9) has a ball socket unit (Figure 3 element 20), which forms a ball joint (Figure 3 element 21) with the ball pin (17) in the mounted state, wherein the ball socket unit (20) has a ball socket (Figure 3 element 22) with a geometric central axis ( Figure 3 element M) and a radially inner cavity (Figure 3 element 24) for receiving the ball head (18), which is inserted in an axial insertion direction (Paragraph 29), with an insertion opening (Figure 5 element 23) for inserting the ball head (18) into the inner cavity (24) and with a plurality of feedthroughs (Figure 5 element 25) leading from the outside into the cavity (24), wherein the ball socket unit (20) has a connecting section (Figure 3 element 23a) for fastening the ball socket unit (20) to the drive assembly (1) or to the motor vehicle (Figure 1 the vehicle element 2is attached to), wherein the connecting joint assembly (10) has a securing clip (Figure 3 element 26) for locking the ball head (18) in the ball socket (22), wherein the securing clip (26) has a bracket section (Figure 5 element 27) and locking tongues (Figure 5 element 28) connected thereto, wherein, in the mounted state, the respective locking tongue (28) extends from the bracket section (27) through a respectively assigned one of the feedthroughs (25) into the cavity (24), wherein the locking tongues (28) engage behind the ball head (18) in the mounted state on its side facing the pin shaft (19) wherein the securing clip is displaceable, within the scope of a removal, from a securing position, in which the securing clip holds the ball head in the ball socket and in which the securing clip is held captively on the ball socket unit, into a removal position, in which the ball pin is releasable from the ball socket unit , wherein the securing clip is held captively in the removal position on the ball socket unit (Claim 3 teaches the ball head can be brought into s second position relative to the ball socket in which outward movement of the respective locking tongue is permitted to release the ball head serving as the removal position while the clip is held captively on the ball socket unit).
Regarding claim 19 Hess discloses the connecting joint assembly (9) as claimed in claim 2, wherein the securing section (31) faces the other locking tongue (28), furthermore wherein the two locking tongues (28) have a securing section (31), and wherein the two securing sections face each other (see figures 4 and 5 element 31 is where the securing sections are at the end and face each other).
Regarding claim 20 Hess discloses the connecting joint assembly (9) as claimed in claim 6, wherein the locking tongues (28) are braced against each other in the securing position (31) (see figures 4 and 5 are thus braced against each other according to applicant’s definition of the limitations mentioned in applicant’s application paragraph 0088).
Allowable Subject Matter
Claim 10 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.
Regarding claim 10, Hess discloses the connecting joint assembly (9) as claimed in claim 3, but fails to disclose wherein the stop surface (32) is beveled transversely with respect to the geometric central axis (M) and thus forms a ramp-shaped stop section in such a way that the distance between the ramp-shaped stop section and the geometric central axis (M) increases in the direction of the insertion opening (23) in such a way that the securing clip (26) can be brought into the removal position by a movement along the geometric central axis (M) and a movement transversely with respect to the geometric central axis (M).
One of ordinary skill in the art would not modify Hess to meet this claim because modifying Hess in this manner would destroy the intended structure and axial function of Hess. Hess already discloses the structure of claim 4 which features guide sections (25) that taper toward each other (decreasing distance toward the insertion opening (23)), which is the opposite of the structure of claim 10. Modifying Hess to include the opposing diverging stop-ramp structure of claim 10 would teach way from the intended structure of Hess and it would be unclear how such modification could be made given that the shape of the clip (26) of Hess would not be able to fit into the diverging shape set forth in claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the field of connecting joint assemblies. US-6860670-B2, US-4701990-A, US-2987333-A, US-7993070-B2, US-10138927-B2, EP-0733815-A2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALMUTASIM HEZAM AIYASH whose telephone number is (571)272-6104. The examiner can normally be reached Monday-Friday 7:30AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.A./Examiner, Art Unit 3678
/Josh Skroupa/Primary Examiner, Art Unit 3678
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