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 § 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.
Claim 10 is 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 claim 10, the phrases "in particular" and “preferably” render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1-3, 5-6, and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maughan et al. (US 5641235).
Re Clm 1: Maughan et al. disclose a chassis component comprising: at least one articulated housing (18, 46), wherein the articulated housing has a blind hole-like recess (see fig 2, fig 5), a connecting element (82, fig 9), wherein an end section (left end) of the connecting element engages in the recess (fig 10), the end section of the connecting element has external engagement contours (96), and the recess has internal engagement contours (internal ribs), wherein the external engagement contours and the internal engagement contours are configured to have corresponding shapes in order to realize a form-fit connection between the articulated housing and the connecting element (see fig 10); and a reinforcement part (78) is arranged inside the articulated housing, wherein the reinforcement part has a holding section (92, 94) and the holding section is connected to the end section of the connecting element (fig 10).
Re Clm 2: Maughan et al. disclose wherein the reinforcement part is embedded in the material of the articulated housing (fig 10).
Re Clm 3: Maughan et al. disclose wherein the articulated housing has an articulated receptacle (80, holding ball) configured as a recess to receive an articulated ball in an articulated manner (see figs 10), wherein the reinforcement part engages around and/or runs around the articulated receptacle (see fig 9 and 10).
Re Clm 5: Maughan et al. disclose wherein the reinforcement part (78) defines at least one opening (88), wherein the at least one opening is filled with the material of the articulated housing (see figs).
Re Clm 6: Maughan et al. disclose wherein the holding section of the reinforcement part is connected to the end section of the connecting element by means of a connecting part or by means of a connecting section of the articulated housing (see fig 10), and wherein the articulated housing is formed from a plastic material (throughout disclosure).
Re Clm 10 (as best understood): Maughan et al. disclose wherein the connecting element comprises a longitudinal axis (left-right) and the connecting element extends out of the recess (see fig 10) in the direction of the longitudinal axis and away from the recess, in particular the connecting element is configured as a rod or as a tube, preferably the connecting element is made of metal or plastic (as shown and disclosed).
Re Clm 11: Maughan et al. disclose wherein the articulated housing (2) is formed from a plastic material (as disclosed throughout document).
Re Clm 12: Maughan et al. disclose wherein the reinforcement part (12, 23) is formed from metal or a reinforced plastic (plastic, as disclosed).
Claims 1-3, 5-6, and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 102004061057, hereafter ‘057.
Re Clm 1: ‘057 discloses a chassis component comprising: at least one articulated housing (4), wherein the articulated housing has a blind hole-like recess (top, where shaft 12 is inserted), a connecting element (1), wherein an end section (bottom) of the connecting element engages in the recess (fig 10), the end section of the connecting element has external engagement contours (flanges), and the recess has internal engagement contours (internal ribs), wherein the external engagement contours and the internal engagement contours are configured to have corresponding shapes in order to realize a form-fit connection between the articulated housing and the connecting element (see fig 10); and a reinforcement part (5) is arranged inside the articulated housing, wherein the reinforcement part has a holding section (top opening of 5) and the holding section is connected to the end section of the connecting element (fig 10).
Re Clm 2: ‘057 discloses wherein the reinforcement part is embedded in the material of the articulated housing (fig 10).
Re Clm 3: ‘057 discloses wherein the articulated housing has an articulated receptacle (see fig 10, holding ball 3) configured as a recess to receive an articulated ball in an articulated manner (see figs 10), wherein the reinforcement part engages around and/or runs around the articulated receptacle (see fig 10).
Re Clm 5: ‘057 discloses wherein the reinforcement part (78) defines at least one opening (88), wherein the at least one opening is filled with the material of the articulated housing (see figs).
Re Clm 6: ‘057 discloses wherein the holding section of the reinforcement part is connected to the end section of the connecting element by means of a connecting part or by means of a connecting section of the articulated housing (see fig 10), and wherein the articulated housing is formed from a plastic material (housing is plastic).
Re Clm 8: ‘057 discloses wherein the holding section engages in a form-fitting manner in an engagement contour of the external engagement contours of the end section of the connecting element, such that the reinforcement part is secured against being pulled off the connecting element by virtue of the form-fit connection between the holding section and the end section (end flange of connecting element 1 with reinforcing part forms a form-fit connection).
Re Clm 9: ‘057 discloses wherein the reinforcement part has a first holding tab (left side of top end of 5) and a second holding tab (right side of top end of 5) forming the holding section, wherein the first holding tab on a first side of the end section engages in an engagement contour of the external engagement contours of the end section of the connecting element, and the second holding tab engages on a second side, facing away from the first side, of the end section in one or in the engagement contour of the external engagement contours of the end section of the connecting element (see fig 10 wherein the side of the end flange of connecting element 1 are engaged on sides by the left and right sections of the top of reinforcing member 5).
Re Clm 10 (as best understood): ‘057 discloses wherein the connecting element comprises a longitudinal axis (up-down) and the connecting element extends out of the recess (see fig 10) in the direction of the longitudinal axis and away from the recess, in particular the connecting element is configured as a rod or as a tube, preferably the connecting element is made of metal or plastic (as shown and disclosed).
Re Clm 11: ‘057 discloses wherein the articulated housing is formed from a plastic material (as disclosed throughout document).
Re Clm 12: ‘057 discloses wherein the reinforcement part is formed from metal or a reinforced plastic (metal-plastic, as disclosed).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Maughan et al. (US 5641235) in view of Terada et al. (US 5613792).
Re Clm 7: Maughan et al. fail to disclose wherein the holding section of the reinforcement part is connected by means of an adhesive connection and/or by means of a bonding agent, to the end section of the connecting element. Terada et al. teach the well-known use of using an adhesive to bond the rod and socket together (see Background of Invention). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the connection of the holding section and end section to be made with adhesive, as taught by Terada et al. with a reasonable expectation of success, for the purpose of preventing disengagement of the members.
Allowable Subject Matter
Claim 4 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: Examiner notes that the prior art fails to disclose first and second legs of the reinforcing member extending from first and second sides of the end section of the connecting element that face away from each other, and a ring section connecting the first and second legs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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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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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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