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 .
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, 2, 4, 6, 8, 10-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kraus (DE 102017209620).
Kraus discloses and shows a wiper actuating linkage system of a windscreen wiper system, comprising:
at least one connecting rod (9) extending between longitudinal ends thereof; and
at least one crank (8), wherein a longitudinal end of the at least one connecting rod is articulated to the at least one crank by means of a ball socket assembly including a socket (12) and a ball stud (16) which is configured to be secured to the crank,
wherein the socket includes a mobile first segment (Fig. 2a, item 22) and a fixed second segment (portion at and above item 9, see attached amended Fig. 3, below), the first and second segments together constituting a body portion configured to receive a ball portion of the ball stud therein, and at least one locking slot (14) receiving a removable locking means (18) for retaining the ball portion inside the socket.
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Cl. 2 – the body portion includes a substantially spherical internal cavity with a closed first end and an open second end opposite the closed first end, the internal cavity receiving the ball portion of the ball stud (see Fig. 3, for example).
Cl. 4 – the first segment of the body portion has a reduced thickness compared to a second segment of the body portion.
Cl. 6 – the at least one locking slot (14) is arranged adjacent to the body portion, and extends along an outer periphery of the first segment of the body portion.
Cl. 8 – the first segment is configured to deform radially outward from a resting position during the assembly and/or disassembly of the ball portion with the socket (para. 0030 of English translation).
Cl. 10 – the at least one locking slot is formed as a through hole or a blind hole.
Cl. 11 – the socket is overmolded onto a longitudinal end of the at least one connecting rod (para. 0023).
Cl. 12 – the closed first end of the socket and a stop member (Fig. 6, U-shaped portion) of the locking means (18).
Cl. 13 – Kraus discloses and shows a windscreen wiper system for a vehicle comprising a wiper actuating linkage system, the wiper actuating linkage system includes:
at least one connecting rod (9) extending between longitudinal ends thereof; and
at least one crank (8), wherein a longitudinal end of the at least one connecting rod is articulated to the at least one crank by means of a ball socket assembly including a socket (12) and a ball stud (16) which is configured to be secured to the crank,
wherein the socket includes a mobile first segment (Fig. 2a, item 22) and a fixed second segment (portion at and above item 9, see attached amended Fig. 3, above), the first and second segments together constituting a body portion configured to receive a ball portion of the ball stud therein, and at least one locking slot (14) receiving a removable locking means (18) for retaining the ball portion inside the socket.
Cl. 15 – Kraus discloses a method of assembling a connecting rod and a crank of a wiper actuating linkage system, the method comprising:
inserting a ball portion (16) of the crank (8) into a socket (12) of a connecting rod (9), wherein the connecting rod includes the socket including a mobile first segment (Fig. 2a, item 22) and a fixed second segment (portion at and above item 9, see attached amended Fig. 3, above), the first and second segments together constituting such that a mobile first segment (22) of the body portion is displaced radially outwards as the ball portion is received inside the body portion of the socket; and
retaining the ball portion with an internal cavity by inserting an elongated portion of a locking means (18) into at least one locking slot (14), such that the mobile first segment of the body portion is blocked from being displaced radially outwards.
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.
Claims 5, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kraus as applied to claim 1, in view of Davidenko et al. (US 11,118.,730).
Kraus discloses and shows the invention of claim 1 as described elsewhere above. Kraus includes the locking means having an elongated member, but does not include the locking means having an elongated member and a stop member extending from the elongate member at an extremity thereof.
Davidenko discloses and shows at Fig. 2, for example, a ball and socket assembly including a socket (104b) configured to receive a ball portion (102), and at least one locking slot (not labeled, see Fig. 16A) receiving a removable locking means (106) for retaining the ball portion inside the socket, the locking means including an elongated member and a stop member (110 and member therebetween) extending from the elongated member at an extremity thereof, the stop member prevents unintended disengagement of the locking means (col. 5:61-62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Kraus system to where the locking means include a stop member extending from the elongated member so as to prevent unintended disengagement as taught by Davidenko.
Cl. 7 – the at least one locking slot has a form complimentary to the form of the elongated member (Kraus and Davidenko).
Cl. 9 – the stop member (110) of the locking means is configured to abut against a stop surface of the socket when the elongated member is completely inserted into the at least one locking slot (Davidenko, Fig. 3B).
Response to Arguments
Applicant's arguments filed July 1, 2026 have been fully considered but they are not persuasive. Applicant asserts at pages 7 and 8 of the Remarks that:
“…projection 22 and spherical shell 12 are explicitly shown to be ‘formed integrally’”.
“Consequently, it is submitted that the projection 22, which is formed integrally, cannot be one of two segments, as one of ordinary skill in the art would understand the ‘ordinary and customary’ meaning of ‘formed integrally’ to be a single, continuous structure rather than segments.”
“…‘portion at and above item 9’ cannot be the fixed second segment of Applicants claim 1 as currently amended.”
“Specifically, Kraus teaches item 9 is ‘a joint rod of a windshield wiper system.’ (Kraus [0023]). As illustrated in Fig. 3, the spherical shell 12 "is injected into a recess in the joint rod 9 and sits within a recess in the joint rod 9.’ (Kraus [0027]; See Kraus Fig. 3). As a result, the joint rod 9 and spherical shell 12, are different components. (See Kraus Fig. 3). Consequently, joint rod 9 and spherical shell 12 cannot constitute two segments of the same component that together constitute a singular body portion.”
Applicant grossly misinterpreted the reference non-final Office Action. Neither the previous nor instant Office Action specifically points to item 9 as being a segment of the socket. Instead, Examiner points to the portion of the socket “at and above” the joint rod, item 9 of Kraus. It is clear, “portion at and above item 9” does not include item 9, but the narrowed portion of the socket within the hole of item 9 and the portion of the socket immediately above that narrowed portion.
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 BOBBY RUSHING, JR whose telephone number is (571)270-0501. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY RUSHING, JR/ Primary Examiner, Art Unit 3618
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