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 Objections
Claim 1 is objected to because of the following informalities:
The last clause states that the screw hole is “separated apart from the bearing” however this does not definitively define the direction of inclination, to better capture this “so as to be separated apart from the bearing” should be deleted and after the word “inclined” in the first line of the last clause the following should be inserted - -away from the bearing- -.
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 5 and 8 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.
The term “slight clearance” in claim 5 is a relative term which renders the claim indefinite. The term “slight clearance” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What size clearances are considered “slight”? In addressing this issue Applicant has attempted to add clarification to the claim but stating “the slight clearance is a clearance…are fitted by a clearance fit” which also does not define the term “slight”. Clearance fits are not limited to any particular clearance either and thus the addition is attempting to define a relative term with a term that does not have any specific dimensions associated with it and thus the term “slight clearance” remains unclear. The term “slight” and the newly added last clause should be deleted.
Allowable Subject Matter
Claims 1, 4 and 6-7 are allowed, claims 5 and 8 would be allowable upon resolving the issue under 35 USC 112 above.
The following is an examiner’s statement of reasons for allowance: Claim 1 has been amended to include the features originally captured in claim 3 which was previously indicated allowable. The prior art of record does not tech nor render obvious the claimed combination wherein the bolt/screw hole is inclined away from the bearing from a side opposite the head of the bolt member to the head of the bolt member, or in other words the head of the bolt is further from the bearing than the rest of the bolt.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed May 15, 2026 with respect to the remaining rejection under 35 USC 112 have been fully considered but they are not persuasive. All other issue have been resolved and thus those arguments are moot.
With regards to claim 5, Applicant makes no specific argument regarding the term “slight clearance”, as “slight” is a relative term and the addition to the claim does not define the term in any meaningful/limiting manner, see rejection above, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES PILKINGTON whose telephone number is (571)272-5052. The examiner can normally be reached Monday through Friday 7-3.
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/JAMES PILKINGTON/Primary Examiner, Art Unit 3617
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