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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “8” has been used to designate both the base element and a washer. 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. 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.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mosch et al. (US 2020/0332825).
With regard to claim 1, Mosch discloses a device (as seen in Figs. 1-3) for compensating for tolerances (as described in the abstract, etc.) between a first component (12) and a second component (14) that is to be screwed to this first component by means of a connecting screw or a threaded bolt (16), comprising: a base element (18), a compensation element (22) in tolerance-compensating engagement with the base element (as seen in Fig. seen in Fig. 2B, etc. in the same manner as Applicant’s disclosed invention is (see instant Figs. 2, 3, etc.)) and a positioning element (36) for positioning the connecting bolt in the compensation element (as seen in Figs. 2B, etc.), wherein the positioning element is mounted with a clearance in at least one degree of freedom (as seen in Figs. 2B in the radial direction) in a through-opening (i.e. the opening defining the hollow portion 24 as seen in Fig. 2B) or without clearance in the compensation element (as seen in Fig. 2B in the axial direction).
With regard to claim 2, Mosch discloses that the positioning element is configured and arranged in the compensation element (as seen in Fig. 2B) in such a way that the connecting bolt is mounted so as to be radially and/or axially movable to a limited extent (as seen in Fig. 2B as it is not constrained in the radial direction).
With regard to claim 3, Mosch discloses that the positioning element is configured in such a way that the connecting bolt is held centered (as seen in Fig. 2B at least in that the positioning element allows for the bolt to be held centered with respect to various elements such as 48).
With regard to claim 4, Mosch discloses that the positioning element is configured and arranged in the compensation element in such a way that the connecting bolt is held securely in a predetermined position prior to assembly (Examiner notes this this is an intended use/capability of the positioning element and compensation element. As seen in Fig. 2B the positioning element has such a configuration as it can be installed on the bolt first then the bolt, prior to full installation, can be held securely in a predetermined position (e.g. by a user)).
With regard to claim 5, Mosch discloses that the positioning element is arranged in such a way that the connecting bolt is held securely in the positioning element against tilting (as seen in Fig. 2B the bolt is securely installed/fastened and this held in position against tilting at least in comparison to elements such as 48, 14, etc.).
Claims 1 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burger et al. (US 2007/0092355).
With regard to claim 1, Burger discloses a device (as seen in Figs. 9, 10, etc.) for compensating for tolerances (as described in the abstract, etc.) between a first component (A) and a second component (B) that is to be screwed to this first component by means of a connecting screw or a threaded bolt (6), comprising: a base element (60), a compensation element (2) in tolerance-compensating engagement with the base element (as seen in Fig. seen in Fig. 9, 10, etc. in the same manner as Applicant’s disclosed invention is (see instant Figs. 2, 3, etc.)) and a positioning element (4) for positioning the connecting bolt in the compensation element (as seen in Figs. 10, etc.), wherein the positioning element is mounted with a clearance in at least one degree of freedom in a through-opening or without clearance in the compensation element (as seen in Fig. 9 in the axially down direction).
With regard to claim 6, Burger discloses that the positioning element comprises a number of elastic elements (i.e. each 46 as seen in Figs. 2, 9, 10, etc.), which are configured to radially compensate for tolerances between the connecting bolt and the compensation element (as seen in Figs. 9, etc. as they are elastic they allow for some amount of radial play) and to hold the positioning element in the compensation element without clearance (as seen in Fig. 9 as they contact such axially).
Allowable Subject Matter
Claims 7-10 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: the prior art or record fails to disclose, at least and in combination with the elements of claim 1 and 6, that the elastic elements protrude radially outward at an acute angle from the base body. Though the base body is disclosed (e.g. see the main portion of 4 in the Burger reference) and there are disclosed elastic elements that extend axially at an angle with regard to the base body the cited prior art reference do not shown them protruding radially outward from the base body at an acute angle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provide additional examples of similar tolerance compensation fastening devices with similar features.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS L FOSTER whose telephone number is (571)270-5354. The examiner can normally be reached M-F 9am-5pm.
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, Kristina Fulton can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS L FOSTER/ Primary Examiner, Art Unit 3675
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