DETAILED ACTION
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 and 3-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erpenbeck (US 2017/0152876).
In respect to claim 1, Erpenbeck discloses a device for compensating tolerances between two components (36 and 42) to be connected to one another, comprising: a base element 18 having an internal thread 28 and a compensation element 16 having an external thread 26 which is brought into threaded engagement with the base element (0047; Figs. 1-2), wherein the compensation element 16 can be moved out of a starting position (Fig. 2) to a compensating position (Fig. 3); and wherein at least the external thread 26 of the compensation element 16 has a cross-section differing in shape from a circular cross-section (0055-0056). [Erpenbeck reverses the nomenclature of the “base element” and the “compensation element”, however the nomenclature is interchangeable, as claimed].
In respect to claim 3, Erpenbeck discloses that the compensation element 16 comprises a cavity 38 having a surface 39 with an internal thread 42, wherein the screw member 30 can be tightened in the cavity (Figs. 2 & 6).
In respect to claims 4-6, Erpenbeck discloses that the internal thread of the base element 18 is circular which frictionally engages the non-circular cross-section of the compensation element, wherein “self-tapping” is analogous to “reduced play” (0055-0056); non-circular may be “oval” or “elliptical” which may be construed as “at least two round corners in cross-section” (Fig. 4).
In respect to claim 7, Erpenbeck discloses that the base element 18 comprises a flange 64 which includes outwardly projecting “retaining” lugs 66 (projecting corners).
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.
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.
Claims 1-2 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Figge (US 2020/0400173) in view of Fasteners and Vibration (FAV) (NPL).
In respect to claims 1 and 4-7, Figge discloses a device for compensating tolerances between two components (A and B) to be connected to one another, comprising: a base element 60 having an internal thread and a compensation element 20 having an external thread which is brought into threaded engagement with the base element (0045; Fig. 4), wherein the compensation element 20 can be moved out of a starting position (Fig. 11) to a compensating position (Fig. 12).
Figge do not disclose that at least the external thread of the compensation element 20 includes a cross-section different from a circular cross-section, however, FAV teaches similar threaded constructions wherein cross-sections differing from a circular (e.g. trilobular threads, having three rounded corners) are well known. It would have been obvious to one of ordinary skill in the art at the effective filing date of the present application to modify the cross-section of either of the interacting external or internal threads in Figge with a non-circular cross section (e.g. trilobular) to reduce loosening during vibration (e.g. play) (NPL).
In respect to claim 2, Figge discloses that the compensation element 20 comprises a “at least one drive contour” which is essentially any structure capable of driving the compensation element 20, including projection 26 (Fig 5).
In respect to claims 7 and 9, Figge discloses the base element 60 comprising a flange portion 62 extending around at least portions of an external circumference of the base element and having at least one outwardly projecting “retaining” lug 64 (Fig. 5); wherein when the base element 60 is assembled on one of the components A, the component is clampingly received between the flange portion 62 and the retaining lug 64 (Fig. 10).
In respect to claims 8 and 10, FIgge discloses that the retaining lug 64 contains a support surface which extends obliquely, at least in portions, in the circumferential direction (slanted portion, best seen on Fig. 5); and the base element further comprises at least one “position element” which helps secure the base element against rotation, grooves on the lug 64 (also best seen on Fig. 5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bente et al. (US 2024/0410411), Pinzl (US 2002/0098063), Inventor (CN 119103246), Sycha et al. (DE 10-2023-205273), and Komos (DE 202-09-853), disclose similar inventions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT GRABOWSKI whose telephone number is (571)270-3518. The examiner can normally be reached M-Th 8am-6pm.
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/KYLE R GRABOWSKI/Primary Examiner, Art Unit 3637
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