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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2/2/2026 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-13 and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zink (US 8,092,132). Zink discloses a fastener assembly comprising: an axle nut (100) with an inner threaded periphery (TH) receiving wheel axle (40), an outer periphery, an end face with axially extending projection (150) and an opposite end face retaining an object (60); a retaining member (102) with an inner periphery (at 136) receiving the wheel axle, an outer periphery, an end face between the peripheries having a plurality of recesses (106) receiving the projections. The space between two of the projections defines a fastener groove; the recesses are positioned outwardly from the inner periphery; the retaining member includes a plurality of alignment indicators (144) on an opposite end from the recesses indicating an edge of the recesses; and the recesses are spaced apart by separator members (the areas of 130 between the recesses) which increase in width in a radial direction.
Claim Rejections - 35 USC § 102/103
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.
Claims 1-4 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over McGee (US 4,210,372). McGee discloses a fastener assembly comprising: an axle nut (51) with an inner threaded periphery (50) receiving wheel axle (25), an outer periphery, an end face with a plurality of recesses (73) and an opposite end face retaining an object (39); a retaining member (60) with an inner periphery defined by internal splines (69, 70) receiving the wheel axle, an outer periphery, an end face between the peripheries having a plurality of projections (63) received in the recesses. The space between two of the projections defines a fastener groove. McGee further discloses a sprocket directly adjacent the retaining member and integral therewith in the installed state so the retaining member is interpreted as a part of the sprocket. Alternatively, before the effective filing date of the claimed invention it would have been obvious matter of design choice for one of ordinary skill in the art to make the sprocket a unitary part with the retaining member because it would continue to operate in the same predictable manner. See 2144.04V.B..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ferguson (US 689,073), Bishop (US 1,683,153) and Smith (US 741,941) are cited to teach other examples of a fastener and retainer with respective projections and recesses on the end faces. Rosenkranz (US 851,964) is cited to teach indicators. The other reference cited are of general interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
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FLEMMING SAETHER
Primary Examiner
Art Unit 3677
/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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