Full Judgment Text
Neutral Citation Number : 2022/DHC/005571
$~1 (Original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-PAT) 5/2021
ART SCREW CO., LTD. ..... Appellant
Through: Mr. Ranjan Narula and Mr. S.
Pandey, Advs.
versus
THE ASSISTANT CONTROLLER OF PATENTS AND
DESIGNS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, Mr. Srish Kumar Mishra, Mr. Sagar
Mehlawat, Mr. Alexander Mathai Paikaday,
Advs.
CORAM:
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (O R A L)
% 14.12.2022
1. This appeal under Section 117(A) of the Patents Act, 1999, at the
instance of the appellant Art Screw Company Ltd. is directed against
th
order dated 8 June 2021 passed by the learned Assistant Controller of
Patents & Designs in the Patent Office, whereby Patent Application No.
6541/DELNP/2011, filed by the appellant for registration of a patent in
respect of an invention titled “Fastener and Fastening Structure” has been
denied on the ground that, in the light of prior art in the form of Patents
No. DE10308130Al, W02008081721, US6394726Bl and US7207248B2,
the invention claimed by the petitioner in the patent application filed by
the petitioner lacked any inventive step within the meaning of Section
1
2(1)(ja) of the Patents Act, 1970.
1
“inventive step” means a feature of an invention that involves technical advance as compared to the existing
Digitally Signed
By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
Signature Not Verified
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Neutral Citation Number : 2022/DHC/005571
2. Mr. Narula, learned Counsel for the petitioner commenced his
submission by explaining that the invention in respect of which was
aimed, basically, at curing the problem faced while tightening nuts into
bolts in a fastener where, if the nut was tightened beyond a point, it tends
to become loose or even break. He also showed the Court a video clip,
which sought to demonstrate that the aforesaid problem was overcome in
the invention of the petitioner by a peculiar configuration and
construction of the screw threads on the bolt.
3. Mr. Narula refers me to the following paras from the complete
specifications in the suit patent:
[0009] In the case where a male thread and a female thread are
to be hot-dip galvanized, it is necessary to cut a larger portion of the
female thread than normally (that is, "overtap" the female thread) in
order to prevent the male thread and the female thread from becoming
unable to fit each other due to the thickness of the plating.
Normally, an overtap of about 0.40 mm to about 0.80
mm is provided for an M10 thread. When such overtap is applied to
the male thread structures according to Patent Japanese Utility Model
Application Publication No. JP-U-Sho 53-88664 and Japanese Patent
Application Publication No. JP-A-Hei 8-177839, the gap between the
flank surface of the male thread and the flank surface of the female
thread is increased, as a result of which the friction force between the
flank surface of the male thread and the flank surface of the female
thread may be significantly reduced or may not be obtained at all.
Therefore, it is very difficult to apply thick plating such as hot-dip
galvanizing to the male thread structures according to Japanese Utility
Model Application Publication No. JP-U-Sho 53-88664 and Japanese
Patent Application Publication No. JP-A-Hei 8-177839 while
maintaining the loosening prevention effect.
[0010] The present invention has been made to solve the
foregoing problems, and therefore has at least one of the following
objects.
(1) To provide a fastening member or a
knowledge or having economic significance or both and that makes the invention not obvious to a person skilled
in the art
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By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
Signature Not Verified
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fastening structure that yields a significant
loosening prevention effect.
(2) To provide a fastening member or a
fastening structure that can be tightened in the
same way as a normal bolt to facilitate torque
management, and that can be reused easily.
(3) To provide a fastening member or a
fastening structure with improved fatigue strength
achieved by equalizing the load imposed on all
screw threads of the fastening member to prevent
stress concentration.
(4) To provide a fastening member or a
fastening structure that prevents occurrence of
initial loosening.
(5) To provide a fastening member or a
fastening structure to which thick plating can be
applied while maintaining the loosening
prevention effect.
Means for Solving the Problem
[0011] In order to achieve at least one of the above objects, the
present invention provides a fastening member as follows.
That is, the present invention provides a fastening
member having a thread structure, including an upper portion provided
on a side of a thread crest, and a lower portion provided on a side of a
thread root, in which a pressure flank surface formed in the upper
portion is provided on a side of a seat surface with respect to a
pressure flank surface of a basic profile, and at least one side surface
of the lower portion is provided inwardly of an extension line of a
corresponding flank surface.
Effects of the Invention
[0012] In the fastening member according to the present
invention, the pressure flank surface formed in the upper portion
provided on the side of the thread crest is provided on the side of the
seat surface with respect to the pressure flank surface of the basic
profile. Therefore, when the fastening member is fastened to a mating
fastening member, the pressure flank surface is pressed by the mating
fastening member.
A side surface of the lower portion of the screw thread
Signature Not Verified
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By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
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of the fastening member is located inwardly of the corresponding flank
surface, and shaped to be dented inward. Thus, the lower portion of the
screw thread is elastically deformed by the above pressing, which
generates a reaction force (spring-back) against the pressure flank
surface of the mating fastening member in the entire screw thread.
Accordingly, the friction force between the pressure
flank surface of the fastening member and the pressure flank surface
of the mating fastening member is increased, which demonstrates a
significant loosening prevention effect.
[0013] The pressure flank surface of the fastening member is
pressed by the mating fastening member, which elastically deforms the
lower portion of the screw thread. Therefore, the entire screw thread
rises up along the mating fastening member.
Accordingly, the pressure flank surface of the fastening
member and the pressure flank surface of the mating fastening
member necessarily contact each other even if overtap is provided.
Therefore, a reaction force (spring-back) against the mating fastening
member is generated in the screw thread irrespective of the size of the
gap between the fastening member and the mating fastening member,
which demonstrates a loosening prevention effect.
Thus, the loosening prevention effect is not reduced
even if overtap is provided in the mating fastening member for the
fastening member according to the present invention, and therefore
thick plating can be performed on the fastening member according to
the present invention while maintaining the loosening prevention
effect.
[0014] Further, in the fastening member according to the
present invention, the friction force on the seat surface of the fastening
member is also increased by the reaction force (spring-back) of the
screw thread.
This prevents initial loosening due to wear or
deformation of the seat surface, and in turn prevents a breakage of the
fastening member due to the initial loosening, which improves the
reliability. The absence of initial loosening eliminates the need for
additional tightening, which improves the workability.
[0015] When the fastening member according to the present
invention is brought back from the fastened state to the unfastened
state, the entire screw thread is brought back to the state before
fastening (a state in which the pressure flank surface is positioned on
the side of the seat surface with respect to the pressure flank surface of
the basic profile).
Signature Not Verified
Digitally Signed
By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
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This allows repeated use of the fastening member
according to the present invention without the need for a special
treatment.
When the fastening member according to the present
invention is fastened, the lower portion of the screw thread is
elastically deformed. Therefore, the mating fastening member is
unlikely to be damaged, and the loosening prevention effect is not
reduced even after repeated use.
4. Mr. Narula thereafter pointed out that the reasoning in the
th
impugned order dated 8 June 2021, for rejecting the suit patent, is
largely incomprehensible. He has pointed out that, of the 15 pages which
comprise the impugned order, pages 1 to 13 merely set out the
disclosures contained in the alleged prior art DE10308130Al,
W02008081721, US6394726Bl and US7207248B2, whereafter the
reasoning of the learned Assistant Controller is confined to the following
two paragraphs:
“16. Therefore, it would have been obvious to the person skilled in
art to combine and impart the technical features of D2 and Dl such as
thread of a fastening member includes an upper portion, a space
portion, and a lower portion, a bulging portion that bulges outward
from the reference surface and bulges from the crest of the screw
thread to the lower edge of the upper portion, the lower edge vicinity
region of the upper portion is gently curved so as to approach the
reference surface 10a, and has an R shape. The space portion is a
space formed in the direction from the lower edge to the peak portion,
lower portion is formed below the space portion, side surface of the
lower portion is located on the inner side of the reference surface, has
an R shape that curves toward the inner side of the reference surface,
and gently curves so as to be continuous with the wall surface of the
space portion, angle of the thread valley between adjacent threads is
about 145°, angle of the crest of the screw thread is about 70°, while
the angle θ 2 formed by the reference surface 1 is 60°, non-fastened
state, the bulging portion of the screw thread bulges outward from the
reference surface 1, a longitudinal section of the unfastened thread,
thread flanks are straight, being through the thread flanks straight lines
a V -shaped profile segment define, area of the top of the V-shaped
Signature Not Verified
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By:KAMLA RAWAT
Signing Date:15.12.2022
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profile segment is this with the material, in particular aluminum, from
which the fastener is completed thread flanks extending outside the V-
shaped profile segment lying lateral curvature areas or fillet sections,
A tangent T through the thread root runs parallel to the thread axis,
section near the thread base points at the bottom of the thread a radius
of curvature, which corresponds to approximately 20% of the pitch , a
central base section adjoining area has a radius of curvature which is
smaller than the radius of curvature on the thread base, thread profile
describes in a partial area each outer curvature area a radial section or
area with technical features of D3 and D4 such as first pressure flank
angle is preferably between approximately 5 degrees and
approximately 10 degrees, and in one application is approximately 7
degrees, second pressure flank angle is preferably between
approximately 10 degrees and approximately 30 degrees, and in one
application is approximately 15 degrees, threaded screw fastener is
disclosed at, while a radius of the threaded screw fastener, angular
extent or inclination of the radially outer forward flank surface with
respect to the radius is designated by means of the angle, angular
extent or inclination of the radially inner forward flank surface with
respect to the radius is designated by means of the angle to have
technical features of the present invention as thread crest and a
pressure flank surface formed in said upper portion are closer to a seat
surface than a pressure flank surface of a basic profile of said fastening
member corresponding to said basic profile of said mating fastening
member, at least one side surface of said lower portion is provided
inwardly of an extension line said thread crest and said pressure flank
surface of said fastening member are formed such that, when said
fastening member is tightened into said mating fastening member.
17. Considering documents Dl: DE10308130Al; D2:
W02008081721 ; D3: US6394726Bl and D4: US7207248B2 in
combination, present application for patent lacks of in inventive step
still stands as the applicant fails to persuade the same. Features of
current amended claims are not inventive over cited documents as
above and are not an invention u/s 2(1) (ja) of the Act.”
5. Para 16 of the impugned order is completely incomprehensible.
Mr. Vaidyanathan, learned Counsel for the respondent also confesses that
he is not in a position to explain the reasoning contained in the impugned
order.
6. An order which contains reasons that no one can understand is
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By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
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worse than an unreasoned order. From the impugned order, the basis for
holding that the invention of the petitioner is lacking in an inventive step
is impossible to comprehend.
7. A finding that an invention for which a patent is sought, lacks in
inventive step is a serious finding. It compromises, seriously, even the
inventive integrity of the applicant-inventor. The assessment of whether,
in inventing the invention, any inventive steps was involved, has to be
examined after taking into account a variety of factors in respect of
which there are several authoritative pronouncements, including many of
the Supreme Court.
8. The Court is not satisfied that the impugned order reflects proper
application of mind to the issue or is supported by comprehensible
reasons on which it can stand.
9. Learned Counsel for the parties are agreeable ad idem to this
matter being disposed of by setting aside the impugned order and
remanding the matter to the learned Assistant Controller of Patents to re-
consider the matter and pass a fresh order which is properly reasoned and
comprehensible at least to a person skilled in the art.
10. The learned Assistant Controller would also afford an opportunity
to hearing both sides before taking a decision on the applications.
11. For the said purpose, the petitioner would present himself before
th
the learned Assistant Controller on 27 December 2022.
Signature Not Verified
Digitally Signed
By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
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12. In order to obviate the possibility of any apprehension of pre-
determination, it would be advisable as the matter is placed before an
officer other than the officer who has passed the impugned order. Mr.
Vaidyanathan undertakes to make all efforts in that regard.
13. The learned Assistant Controller is directed to take a decision in
the matter as expeditiously as possible and, in any event, within a period
of three months from today. All issues of fact and law are kept open to be
urged before the learned Assistant Controller.
14. The petition stands allowed to the aforesaid extent with no order as
to costs.
C.HARI SHANKAR, J
DECEMBER 14, 2022/ AR
Signature Not Verified
Digitally Signed
By:KAMLA RAWAT
Signing Date:15.12.2022
16:41:10
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