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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 02 October 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 4, 9, and 16 are objected to because of the following informalities:
Claim 4 line 4 recites: “outer side surface”. This should be corrected to read - - inner side surface - -.
Claim 4 lines 6-7 recite: “inner lateral surface”. This should be corrected to read - - outer lateral surface - -.
Claim 9 lines 2-3 recite: “obtained by knurling”. This should be corrected to read - - obtained - -.
Claim 16 lines 2-3 recite: “out by knurling”. This should be corrected to read - - out - -.
Appropriate correction is required.
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.
Claim(s) 1-2, 4-6, 8-9, 11-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Gerwah (EP 1923588 A1).
Regarding claim 1, Gerwah discloses a metal bellows coupling (see Fig. 2) comprising a first hub (3), a second hub (4) and a bellows (2), which is interposed between the first hub and the second hub (see Fig. 2); in which the bellows comprises a tubular body presenting a longitudinal axis bounded axially by a first end (5) and a second end (6); the bellows is made of metallic material (see Abstract on file) and has an intermediate portion (2) that is interposed between the first end and the second end (see Figs. 2-3); wherein the intermediate portion of the bellows has a plurality of folds (see Fig. 2); wherein each end of said bellows has a first mating surface that is configured to come in contact, in use, with a respective hub (see Figs. 9-10); wherein said first mating surface is at least partially knurled (see Figs. 3-5), defining a first knurling (17, see Figs. 3-5).
Regarding claim 2, Gerwah discloses wherein each hub (3-4) is configured to be fitted on a respective end (5-6) of said bellows (2); wherein each hub has a second mating surface that is configured to come in contact, in use, with a respective end of said bellows (see Figs. 6-10); wherein said second mating surface is at least partially knurled (see Figs. 6-8), defining a second knurling (18, see Figs. 6-8).
Regarding claim 4, Gerwah discloses wherein the first end (5) and the second end (6) of the bellows (2) have the shape of a first hollow cylinder (see Fig. 3) and the first mating surface (see Figs. 4 and 9-10) is an outer side surface of said first hollow cylinder (see Figs. 9-10);
the first hub (3) and the second hub (4) have the shape of a second hollow cylinder (see Figs. 2 and 7), and the second mating surface is an inner lateral surface of said second hollow cylinder (see Figs. 9-10); and
the first knurling (17) and the second knurling (18) extend over the entirety of the first mating surface and the second mating surface (see Figs. 4-8).
Regarding claim 5, Gerwah discloses wherein the first knurling (17) and the second knurling (18) define geometric patterns (see Figs. 4-8).
Regarding claim 6, Gerwah discloses wherein the first knurling (17) and the second knurling (18) comprise a first set of linear grooves (see Fig. 7) inclined with respect to the longitudinal axis and parallel to each other (see Fig. 7).
Regarding claim 8, Gerwah discloses wherein the first knurling (17) and the second knurling (18) are obtained by plastic deformation process.
Applicant is reminded that "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Accordingly, all the process limitations of obtained by plastic deformation process are given limited patentable weight, all that is required of claim 8 is that the knurling is capable of being obtained by plastic deformation process.
Regarding claim 9, Gerwah discloses wherein the first knurling (17) and the second knurling (18) are obtained by roll forming.
Applicant is reminded that "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Accordingly, all the process limitations of obtained by roll forming are given limited patentable weight, all that is required of claim 9 is that the knurling is capable of being obtained by roll forming.
Regarding claim 11, Gerwah discloses a method for assembling a metal bellows coupling (see Fig. 2) comprising a first hub (3), a second hub (4), and a bellows (2), which is interposed between the first hub and the second hub (see Fig. 2); wherein the bellows comprises a tubular body presenting a longitudinal axis bounded axially by a first end (5) and a second end (6); wherein the bellows is made of a metallic material (see Abstract on file) and has an intermediate portion (2) which is interposed between the first end and the second end; wherein the intermediate portion of the bellows has a plurality of folds (see Fig. 2); wherein each end of said bellows has a first mating surface which is configured to come in contact, in use, with a respective hub (see Figs. 9-10);
the method comprises the steps of:
knurling at least part of the first mating surface (17, see Figs. 7-8);
coupling the first end and the second end of the bellows to the respective hub along the longitudinal axis (see Fig. 2), so that the first mating surface comes in contact with the respective hub (see Figs. 9-10).
Regarding claim 12, Gerwah discloses wherein each hub (3-4) is configured to be fitted on a respective end of said bellows (2, see Fig. 2); wherein each hub has a second coupling surface that is configured to come in contact, in use, with a respective end of said bellows (see Figs. 9-10);
the method comprising, prior to the step of coupling, the further step of knurling at least part of the second mating surface (18, see Fig. 8).
Regarding claim 14, Gerwah discloses wherein geometric patterns (see Figs. 7-8) are obtained during the knurling step (17 in Fig. 8) and the further knurling step (18 in Fig. 8, see Figs. 7-8).
Regarding claim 15, Gerwah discloses during the knurling step (17 in Fig. 8) and the further knurling step (18 in Fig. 8), a first knurling (17) and a second knurling (18) are made (see Fig. 8), respectively, which comprise a first set of linear grooves inclined with respect to the longitudinal axis and parallel to each other (see Figs. 7-8).
Regarding claim 16, Gerwah discloses wherein the knurling step (17 in Fig. 8) and/or the further knurling step (18 in Fig. 8) are carried out by roll forming (see attached translation page 4 lines 1-4).
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.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gerwah (EP 1923588 A1).
Regarding claim 10, Gerwah discloses wherein the first knurling (17) and the second knurling (18) comprise a series of cusps and a series of depressions (see Figs. 7-8), but fails to disclose as claimed wherein the distance between the cusps and the depressions along a direction radial to the longitudinal axis of the bellows is less than or equal to 10 mm and greater than or equal to 0.05 mm.
Applicant is reminded that it has been held that where the general conditions of a claim (i.e. distance between the cups and depressions) are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
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 bellows coupling of Gerwah, such that it comprises a distance between the cups and depressions along a direction radial to the longitudinal axis of the bellows as being less than or equal to 10 mm and greater than or equal to 0.05 mm, in order to provide a sufficient amount of texture for connection strength while minimizing the cost of labor to achieve said texture.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Gerwah (EP 1923588 A1) in view of Breuer (US 11,486,440 B2).
Regarding claim 3, Gerwah discloses a first and second mating surface (see Figs. 7-8) comprising knurling (17-18), but fails to disclose as claimed comprising an adhesive substrate that is interposed between a first mating surface and a respective second mating surface.
However, Breuer teaches a connection between two members having knurling and adhesive (see Column 4 lines 20-40), in order to provide a means to increase adhesion and create a strong and sturdy joint.
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 bellows coupling of Gerwah, with Breuer, such that it comprises adhesive in addition to the knurling, in order to provide a means to increase adhesion and create a strong and sturdy joint.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gerwah (EP 1923588 A1) in view of Gente (US 10,927,914 B2).
Regarding claim 7, Gerwah discloses wherein the first set of grooves (17, see Fig. 8) is inclined with respect to the longitudinal axis (see Fig. 8), but fails to disclose as claimed that the first knurling (17) and the second knurling (18) comprise a second set of linear grooves inclined 45 degrees with respect to the longitudinal axis and parallel to each other; wherein the first set of grooves and the second set of grooves are crossed with each other in a checkerboard pattern.
Gente teaches a first and second knurling (15 in Fig. 2B) that are inclined with respect to the longitudinal axis between 0 and 90 degrees, in order to provide particularly stable anchoring (see Column 5 lines 45-52).
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 bellows coupling of Gerwah, with Gente, such that it comprises a second set of linear grooves inclined with respect to the longitudinal axis and parallel to each other, and further wherein the first set of grooves and the second set of grooves are crossed with each other in a checkerboard pattern, in order to provide particularly stable anchoring (see Column 5 lines 45-52 of Gente).
The combination of Gerwah and Gente still fails to teach as claimed that the second set of linear grooves is inclined 45 degrees with respect to the longitudinal axis.
Applicant is reminded that it has been held that discovering an optimum value of a result effective variable (i.e. incline angle of the second set of grooves) involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
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 combination of Gerwah and Gente, such that the second set of grooves is inclined 45 degrees from the longitudinal axis, in order to evenly distribute shear forces along the longitudinal and radial directions such that material failure is minimized.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gerwah (EP 1923588 A1) in view of Gardner (GB 845221 A) and Breuer (US 11,486,440 B2).
Regarding claim 13, Gerwah discloses the first and second mating surface (see Figs. 9-10), but fails to disclose as claimed prior to the step of coupling, the further steps of:
degreasing the first mating surface and the second mating surface;
interposing a substrate of adhesive between the first mating surface and the second mating surface; and
polymerizing the substrate of adhesive.
However, Gardner teaches degreasing interacting surfaces (see Abstract of attached merged translation) in order to provide clean surfaces for adhesive to be applied thereto such that the strength of connections made with the degreased surfaces is maximized.
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 bellows coupling of Gerwah, with Gardner, such that it comprises the process step of degreasing the first mating surface and the second mating surface, in order to provide clean surfaces for adhesive to be applied thereto such that the strength of connections made with the degreased surfaces is maximized.
The combination of Gerwah and Gardner still fails to teach as claimed interposing a substrate of adhesive between the first mating surface and the second mating surface; and polymerizing the substrate of adhesive.
However, Breuer teaches interposing a substrate of adhesive (see Column 4 lines 20-40) between the first mating surface and the second mating surface having knurling (see Column 4 lines 20-40) and polymerizing the substrate of adhesive (see Column 4 lines 20-40), in order to provide a means to increase adhesion and create a strong and sturdy joint.
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 combination of Gerwah and Gardner, with Breuer, such that it comprises adhesive in addition to the knurling, in order to provide a means to increase adhesion and create a strong and sturdy joint.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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