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
Claims 19-24 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/05/2026.
Applicant’s election without traverse of claims 25-31 in the reply filed on 08/05/2026 is acknowledged.
Claim Objections
Claim 25 objected to because of the following informalities:
Regarding claim 25, the phrase “removing the radially forged chain link semi-finished product and forming the chain link semi-finished product into a chain link as well as welding front ends of the formed chain link” should be changed to “removing the radially forged chain link semi-finished product and forming the chain link semi-finished product into the chain link, and welding front ends of the formed chain link”.
Regarding claim 27, the phrase “at least one longitudinal portion” should be changed to “at least one of the longitudinal portions”.
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 25-31 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 25, the phrase “a method of producing a chain link according to claim 19” render the claim indefinite because claim 25 is depended from non-elected claim 19.
Regarding claim 25, the phrase “the later legs” render the claim indefinite because it is unclear what is meant by “the later legs”.
As best understood and for the purpose of the examination the Examiner interpreted “the later legs” as “two legs of the chain link”.
Regarding claim 25, the phrase “the later curves and legs” render the claim indefinite because it is unclear what is meant by “the later curves and legs”.
As best understood and for the purpose of the examination the Examiner interpreted “the later curves and legs” as “the two legs and curves that connected the two legs”.
Claim 25 recites the limitation "the diameter" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claims 26-31 are rejected because they depend from claim 25.
Claim 26 recites the limitation "the diameter" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 27, the phrase “a later leg” render the claim indefinite because it is unclear what is meant by “a later leg”.
As best understood and for the purpose of the examination the Examiner interpreted “a later leg” as “one of the two leg of the chain link”.
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.
Claims 25-31 are rejected under 35 U.S.C. 103 as being unpatentable over Dirk (EP3535072B1 attached NPL, English Machine translation).
Regarding claims 25 and 28, Dirk discloses a method of producing a chain link according to claim 19, comprising:
- providing a profile bar (fig.7: (111)), wherein the profile bar is made of a steel material (paragraph 0015),
- inserting the profile bar into a radial forging machine and performing radial forging with reduction of a diameter of the profile bar in longitudinal portions, so that the profile bar is axially stretched in the forged longitudinal portions, wherein the diameter is reduced at least in a region of the later legs (fig.8: 116)), wherein a transition region (fig.8: (119)) between the longitudinal portions of the later curves (fig.8: (115)) and legs (fig.8: (116)) of a chain link semi-finished product and- removing the radially forged chain link semi-finished product and forming the chain link semi-finished product into a chain link as well as welding front ends of the formed chain link (paragraphs 0007-0011, 0056-0064 and figs.7-10).
Regarding claims 25 and 28, Dirk does not disclose accounts for between 3% and 10% of a total length of the chain link semi-finished product; and accounts for between 4% and 7% of the total length of the chain link semi-finished product.
However, Dirk is concerned about the size of the transition region (fig.9: (119)) (paragraph 0034);
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the transition region of Dirk to be accounted for between 3% and 10% of a total length of the chain link semi-finished product; and accounts for between 4% and 7% of the total length of the chain link semi-finished product as a matter of routine optimization, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 26, Dirk discloses wherein the diameter of the profile bar (fig.7: (111)) corresponds to the diameter of at least one of the curves (fig.8: (115)).
Regarding claim 27, Dirk discloses wherein the diameter of at least one longitudinal portion of a later leg is reduced during the radial forging (swaging tool to reduce the diameter).
Regarding claim 29, Dirk discloses wherein the welded front ends of the formed chain link are located in the region of the legs (paragraph 0058).
Regarding claim 30, Dirk discloses wherein the profile bar is radially forged in a cold, warm or semi-warm state (paragraphs 0021-0022).
Regarding claim 31, Dirk discloses wherein the formed and welded chain link is tempered (paragraphs 0021).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/ Primary Examiner, Art Unit 3725
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