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 .
Response to Amendment
Claims 1, 6-7, 14, 18, and 20 have been amended. Therefore, claims 1-10, 12, 14-20, and 23-24 remain pending in the application. Applicant’s amendment to the Claims, in view of Applicant’s Remarks filed September 29, 2025, has overcome the claim objection previously set forth in the Non-Final Office Action mailed July 3, 2025.
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.
Claim(s) 1-7, 9-10, 12, 14-20, and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rebbeck et al. (US2015/0367954A1), hereinafter "Rebbeck", in view of Umekage et al. (JP3021104U), hereinafter "Umekage".
Regarding claim 1, Rebbeck teaches a cap (Fig 1, lightning strike protector 10) comprising:
a primary member (see Fig 4, Examiner notes cap 12 and insert 14 as a primary member) comprising a wall member (see Fig 4, Examiner notes walls 18 and 28 as a wall member) and a floor member (Fig 4, top end 20), the primary member (see Fig 4) defining a conic section (see Fig 4, Paragraph 0064, Rebbeck indicates walls 18 and 28 are frusto-conically shaped) with an open end (see Fig 1, Examiner notes an open end of insert 14 adjacent castellations 32 as an open end); and
a plurality of prongs (see Fig 1, Examiner notes protrusions 38 as a plurality of prongs) extending radially inward (see Fig 1) from the wall member (see Fig 4), the plurality of prongs (see Fig 1) including a first set of prongs (Fig 1, protrusions 38), wherein:
a first prong (see Fig 1, Examiner notes uppermost protrusion 38 right of central axis 42 as a first prong) of the first set of prongs (38) includes a first prong stem (see Fig 1, Examiner notes the uppermost protrusion 38 as includes a first prong stem), wherein the first prong (see Fig 1) is [configured to, when the cap (10) is coupled (see Figs 4-5, Paragraphs 0078-0079) to a nut (Fig 1, nut 16), contact (see Figs 4-5, Paragraphs 0078-0079) a surface (see Fig 4) of the nut (16)],
the first prong stem (see Fig 1) extends radially (see Fig 1) from the wall member (see Fig 4) a first radial distance (see Fig 1, Examiner notes a radial distance in which the uppermost protrusion 38 extends radially inwards towards central axis 42 as a first radial distance).
Rebbeck fails to teach a second set of prongs, at least two first fingers extending radially inward from the first prong stem, each of the at least two first fingers includes a respective edge that extends a first length and faces towards a central longitudinal axis of the primary member, a second prong of the second set of prongs includes a second prong stem and at least two second fingers extending radially inward from the second prong stem, the second prong stem extends radially from the wall member a second radial distance, each of the at least two second fingers includes a respective edge that extends a second length and faces towards the central longitudinal axis of the primary member, the first length is greater than the second length, and the first radial distance is less than the second radial distance.
However, Rebbeck, in a further embodiment illustrated in Fig 15, teaches at least two first fingers (Fig 15, arms 90) extending radially inward (see Fig 15) from the first prong stem (see Fig 15, Examiner notes a stem of protrusions 88 in which arms 90 extend radially inward from as the first prong stem), each of the at least two first fingers (90) includes a respective edge that extends a first length (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm 90 extending from the stem of protrusions 88 towards gap 92, as includes a respective edge that extends a first length) and faces towards (see Fig 15) a central longitudinal axis (Fig 15, center 40) of the primary member (Fig 15, wall 28).
Therefore, as evidenced by Rebbeck, 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 protrusions 38 of Rebbeck with adequately sized and shaped protrusions 88 as taught by the further embodiment illustrated in Fig 15 of Rebbeck. The rationale for supporting this conclusion of obviousness is to provide protrusions and arms to engage the nut resulting in discouraging rotation with respect thereto (Rebbeck, Paragraph 0126).
Modified Rebbeck fails to teach a second set of prongs, a second prong of the second set of prongs includes a second prong stem and at least two second fingers extending radially inward from the second prong stem, the second prong stem extends radially from the wall member a second radial distance, each of the at least two second fingers includes a respective edge that extends a second length and faces towards the central longitudinal axis of the primary member, the first length is greater than the second length, and the first radial distance is less than the second radial distance.
However, Umekage teaches it is known to provide a plurality of prongs (see Fig 1, Paragraph 0010, Examiner notes bolt clamping ribs 3 and nut clamping ribs 4 as a plurality of prongs) extending radially inward (see Fig 1) from the wall member (see Fig 1, Examiner notes body portion 1 and skirt portion 2 as the wall member), the plurality of prongs (see Fig 1) including a first set of prongs (Fig 1, nut clamping ribs 4) and a second set of prongs (Fig 1, bolt clamping ribs 3).
Therefore, as evidenced by Umekage, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate adequately sized, shaped, and positioned first set of prongs of modified Rebbeck to include a second set of prongs as taught by Umekage. The rationale for supporting this conclusion of obviousness is to aid in providing a secure clamping of the cap to prevent from falling off (Umekage, Paragraph 0005).
Accordingly, modified Rebbeck teaches a second prong (see Fig 15) of the second set of prongs (Fig 15, protrusions 88; Umekage, see Fig 1) includes a second prong stem (see Fig 15, Examiner notes a stem of protrusions 88 in which arms 90 extend radially inward from as includes a second prong stem) and at least two second fingers (Fig 15, arms 90) extending radially inward (see Fig 15) from the second prong stem (see Fig 15), the second prong stem (see Fig 15) extends radially (see Fig 15) from the wall member (see Fig 4) a second radial distance (see Figs 4 and 15, Examiner notes the combination of modified Rebbeck and Umekage, i.e. the second set of prongs to engage the bolt, as extends radially from the wall member a second radial distance), each of the at least two second fingers (90) includes a respective edge that extends a second length (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm of protrusion 88 adjacent gap 92 and distal from the stem of protrusion 88, as includes a respective edge that extends a second length) and faces towards (see Fig 15) the central longitudinal axis (Fig 1, central axis 42) of the primary member (see Fig 4), the first length (see Fig 15) is greater (see Fig 15) than the second length (see Fig 15), and the first radial distance (see Fig 15) is less (see Figs 4 and 15) than the second radial distance (see Figs 4 and 15).
Claim language set in brackets set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a cap, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the electrical protector disclosed by modified Rebbeck, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, modified Rebbeck teaches the cap (10) of claim 1 and further teaches wherein:
a surface (see Fig 15, Examiner notes an underside of protrusions 88 as a surface) of the first set of prongs (Fig 15, protrusions 88) that faces the open end (see Fig 1) is included in a first plane (see Fig 15, Examiner notes a plane of the underside of protrusions 88 as a first plane),
a surface (see Fig 15, Examiner notes an underside of protrusions 88 as a surface) of the second set of prongs (88; Umekage, see Fig 1) that faces the open end (see Fig 1) is included in a second plane (see Fig 15, Examiner notes a plane of the underside of protrusions 88 as a second plane; Umekage, see Fig 1), and
the second plane (see Fig 15; Umekage, see Fig 1) is parallel (see Fig 15; Umekage, see Fig 1) to the first plane (see Fig 15) and is positioned between (see Fig 15; Umekage, see Fig 1) the first plane (see Fig 15) and the floor member (20).
Regarding claim 3, modified Rebbeck teaches the cap (10) of claim 2 and further teaches wherein prongs (see Fig 15) of the first set of prongs (88) are spaced apart from one another (see Fig 15) along a perimeter (see Figs 1 and 15) of the wall member (see Fig 4), and wherein prongs (see Fig 15) of the second set of prongs (88; Umekage, see Fig 1) are spaced apart from one another (see Fig 15; Umekage, see Fig 1) along the perimeter (see Figs 1 and 15) of the wall member (see Fig 4) and offset (see Fig 15; Umekage, see Figs 1-2) from each of the prongs (see Fig 15) of the first set of prongs (88) such that the plurality of prongs (see Figs 1 and 15; Umekage, see Fig 1) extend along an inner surface (see Fig 4) of the wall member (see Fig 4) without contacting one another (see Fig 15; Umekage, see Fig 1).
Regarding claim 4, modified Rebbeck teaches the cap (10) of claim 1 and further teaches wherein:
the first prong (see Figs 1 and 15) is [configured to, when the cap (10) is coupled (see Fig 15, Paragraph 0126) to the nut (16), engage (see Fig 15, Paragraph 0126) with the nut (16) such that a ridge (see Fig 15) of the nut (16) is configured to be engaged between (see Fig 15) the at least two first fingers (90) of the first prong (see Figs 1 and 15)].
Regarding claim 5, modified Rebbeck teaches the cap (10) of claim 1 and further teaches wherein:
the first prong (see Figs 1 and 15) is [configured such that, when the cap (10) is coupled (see Fig 15, Paragraph 0126) to the nut (16), the respective edge (see Fig 15) of each of the at least two first fingers (90) extends a height that is greater than a height of the nut (16), wherein the height of the nut (16) is along the central longitudinal axis (42) (Examiner notes claim 5 appears to be further defining the intended use and not further limiting the structure of the cap; Examiner’s position is the electrical protector of modified Rebbeck is capable of meeting the intended use and functional recitations of claim 5 with an adequately sized and shaped nut)].
Regarding claim 6, modified Rebbeck teaches the cap (10) of claim 1 and further teaches wherein:
each prong (see Fig 15) of the plurality of prongs (see Fig 15; Umekage, see Fig 1) includes a respective prong stem (see Fig 15, Examiner notes a stem of protrusions 88 in which arms 90 extend radially inward from as includes a respective prong stem) and at least two fingers (Fig 15, arms 90) extending (see Fig 15) from the respective prong stem (see Fig 15) in a U-shape (see Fig 15),
each prong (see Fig 15) of the first set of prongs (88) is [configured to, when the cap (10) is coupled (see Fig 15, Paragraph 0126) to the nut (16), contact (see Fig 15, Paragraph 0126) the nut (16)], and
for each prong (see Fig 15) of the first set of prongs (88):
edges (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm 90 extending from the stem of protrusions 88 towards gap 92, as edges) of the at least two fingers (90) of each prong (see Fig 15) of the first set of prongs (88) extend the first length (see Fig 15), and
the respective prong stem (see Fig 15) of each prong (see Fig 15) of the first set of prongs (88) extends radially (see Fig 15) from the wall member (see Fig 4) the first radial distance (see Fig 15).
Regarding claim 7, modified Rebbeck teaches the cap (10) of claim 6 and further teaches wherein:
for each prong (see Fig 15) of the second set of prongs (88; Umekage, see Fig 1):
edges (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm of protrusion 88 adjacent gap 92 and distal from the stem of protrusion 88, as edges) of the at least two fingers (90) of each prong (see Fig 15) of the second set of prongs (88; Umekage, see Fig 1) extend the second length (see Fig 15), and
the respective prong stem (see Fig 15) of each prong (see Fig 15) of the second set of prongs (88; Umekage, see Fig 1) extends radially (see Fig 15) from the wall member (see Fig 4) the second radial distance (see Figs 4 and 15).
Regarding claim 9, modified Rebbeck teaches the cap (10) according to claim 2 and further teaches wherein the first plane (see Fig 15) is orthogonal (see Fig 15) to a longitudinal axis (see Fig 1, Examiner notes central axis 42 as a longitudinal axis) of the cap (10).
Regarding claim 10, modified Rebbeck teaches the cap (10) according to claim 1 and further teaches comprising:
a contact edge (see Figs 1-4, Examiner notes with respect to Fig 3, undersides of ring 26 and castellations 32, facing and engaging, respectively, surface 34 as a contact edge) comprising an edge (see Figs 1-4, Examiner notes with respect to Figs 3-4, ring 26 and castellations 32 extending from wall 28 and extending distal from top end 20 as comprising an edge) of the wall member (see Fig 4) of the primary member (see Fig 4), the contact edge (see Figs 1-4) positioned opposite (see Figs 1-4) the floor member (20); and
the contact edge (see Figs 1-4) includes an edge channel (Fig 3, gap 50), the edge channel (50) includes an annular groove defined in a face (see Figs 1-4, Examiner notes gap 50 extending circumferentially between ring 26 and castellations 32 as an annular groove defined in a face) of the contact edge (see Figs 1-4).
Regarding claim 12, modified Rebbeck teaches the cap (10) according to claim 1 and further teaches comprising:
a skirt (see Figs 1-4, Examiner notes ring 26 and castellations 32 as a skirt) disposed adjacent (see Fig 1) the open end (see Fig 1) of the primary member (see Fig 4), wherein the primary member (see Fig 4) has a first diameter and the skirt (see Figs 1-4) has a second diameter larger (see Figs 1-4) than the first diameter (see Figs 1-4, Examiner notes ring 26 having a diameter larger than walls 18 and 28 as the primary member has a first diameter and the skirt has a second diameter larger than the first diameter); and
an aperture (see Figs 1-4, Examiner notes with respect to Fig 3, openings under ring 26 and between castellations 32 adjacent surface 34 as an aperture) defined through the skirt (see Figs 1-4), such that the aperture (see Figs 1-4) faces outward (see Figs 1-4) from the skirt (see Figs 1-4) and opens (see Figs 1-4) into the skirt (see Figs 1-4) parallel (see Figs 1-4) to a longitudinal axis (see Fig 1, Examiner notes central axis 42 as a longitudinal axis) of the cap (10), and
wherein the aperture (see Figs 1-4) is disposed on an upper surface (see Figs 1-4, Examiner notes with respect to Fig 3, surfaces of ring 26 and castellations 32, facing and engaging, respectively, surface 34 as an upper surface; Examiner notes recitation of direction without a frame of reference is relative terminology and can be given little to no patentable weight) of the skirt (see Figs 1-4), such that the aperture (see Figs 1-4) faces open (see Figs 1-4) along an axis parallel (see Figs 1-4) to the longitudinal axis (see Fig 1) of the cap (10).
Regarding claim 14, Rebbeck teaches a fastening system (see Fig 1) comprising:
a bolt (Paragraph 0072, Examiner notes central bore 48 of nut 16 is contemplated to engage a bolt as comprising a bolt);
a nut (Fig 1, nut 16) configured to be fastened (Paragraph 0072) to the bolt (Paragraph 0072); and
a cap (Fig 1, lightning strike protector 10) that is configured to be coupled (Paragraph 0054) to the nut (16) and the bolt (Paragraph 0072) such that a portion (Paragraphs 0054 and 0072) of the bolt (Paragraph 0072) and a portion (Paragraphs 0054 and 0072) of the nut (16) are positioned in a cavity (see Fig 4, Paragraphs 0054 and 0072) of the cap (10), the cap (10) comprising:
a primary member (see Fig 4, Examiner notes cap 12 and insert 14 as a primary member) comprising a wall member (see Fig 4, Examiner notes walls 18 and 28 as a wall member) and a floor member (Fig 4, top end 20), the primary member (see Fig 4) defining a conic section (see Fig 4, Paragraph 0064, Rebbeck indicates walls 18 and 28 are frusto-conically shaped) having an open end (see Fig 1, Examiner notes an open end of insert 14 adjacent castellations 32 as an open end); and
a plurality of prongs (see Fig 1, Examiner notes protrusions 38 as a plurality of prongs) extending radially inward (see Fig 1) from the wall member (see Fig 4), the plurality of prongs (see Fig 1) including a first set of prongs (Fig 1, protrusions 38), wherein:
a first prong (see Fig 1, Examiner notes uppermost protrusion 38 right of central axis 42 as a first prong) of the first set of prongs (38) is associated with a first characteristic (see Fig 1, Examiner notes a vertical position of a lower surface of protrusions 38 along central axis 42 as associated with a first characteristic) and includes a first prong stem (see Fig 1, Examiner notes the uppermost protrusion 38 as includes a first prong stem) and is configured to, when the cap (10) is coupled (capable of being coupled, i.e. this is a functional recitation; see Figs 4-5, Paragraphs 0078-0079) to the nut (16), contact (capable of contacting, i.e. this is a functional recitation; see Figs 4-5, Paragraphs 0078-0079) a surface (see Fig 4) of the nut (16),
the first prong stem (see Fig 1) extends radially (see Fig 1) from the wall member (see Fig 4) a first radial distance (see Fig 1, Examiner notes a radial distance in which the uppermost protrusion 38 extends radially inwards towards central axis 42 as a first radial distance).
Rebbeck fails to teach a second set of prongs, at least two first fingers extending radially inward from the first prong stem, each of the at least two first fingers includes a respective edge that extends a first length and faces towards a central longitudinal axis of the primary member, a second prong of the second set of prongs is associated with a second characteristic different than the first characteristic and includes a second prong stem and at least two second fingers extending radially inward from the second prong stem, the second prong stem extends radially from the wall member a second radial distance, each of the at least two second fingers includes a respective edge that extends a second length and faces towards the central longitudinal axis of the primary member, the first length is greater than the second length, and the first radial distance is less than the second radial distance.
However, Rebbeck in a further embodiment illustrated in Fig 15, teaches at least two first fingers (Fig 15, arms 90) extending radially inward (see Fig 15) from the first prong stem (see Fig 15, Examiner notes a stem of protrusions 88 in which arms 90 extend radially inward from as the first prong stem), each of the at least two first fingers (90) includes a respective edge that extends a first length (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm 90 extending from the stem of protrusions 88 towards gap 92, as includes a respective edge that extends a first length) and faces towards (see Fig 15) a central longitudinal axis (Fig 15, center 40) of the primary member (Fig 15, wall 28).
Therefore, as evidenced by Rebbeck, 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 protrusions 38 of Rebbeck with adequately sized and shaped protrusions 88 as taught by the further embodiment illustrated in Fig 15 of Rebbeck. The rationale for supporting this conclusion of obviousness is to provide protrusions and arms to engage the nut resulting in discouraging rotation with respect thereto (Rebbeck, Paragraph 0126).
Modified Rebbeck fails to teach a second set of prongs, a second prong of the second set of prongs is associated with a second characteristic different than the first characteristic and includes a second prong stem and at least two second fingers extending radially inward from the second prong stem, the second prong stem extends radially from the wall member a second radial distance, each of the at least two second fingers includes a respective edge that extends a second length and faces towards the central longitudinal axis of the primary member, the first length is greater than the second length, and the first radial distance is less than the second radial distance.
However, Umekage teaches it is known in the art to provide a plurality of prongs (see Fig 1, Paragraph 0010, Examiner notes bolt clamping ribs 3 and nut clamping ribs 4 as a plurality of prongs) extending radially inward (see Fig 1) from the wall member (see Fig 1, Examiner notes body portion 1 and skirt portion 2 as the wall member), the plurality of prongs (see Fig 1) including a first set of prongs (Fig 1, nut clamping ribs 4) and a second set of prongs (Fig 1, bolt clamping ribs 3).
Therefore, as evidenced by Umekage, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate adequately sized, shaped, and positioned first set of prongs of modified Rebbeck to include a second set of prongs as taught by Umekage. The rationale for supporting this conclusion of obviousness is to aid in providing a secure clamping of the cap to prevent from falling off (Umekage, Paragraph 0005).
Accordingly, modified Rebbeck teaches a second prong (see Fig 15) of the second set of prongs (Fig 15, protrusions 88; Umekage, see Fig 1) is associated with a second characteristic (see Figs 4 and 15, Examiner notes the combination of modified Rebbeck and Umekage, i.e. a vertical position of the second set of prongs, as associated with a second characteristic) different (see Figs 4 and 15) than the first characteristic (see Fig 1) and includes a second prong stem (see Fig 15, Examiner notes a stem of protrusions 88 in which arms 90 extend radially inward from as includes a second prong stem) and at least two second fingers (Fig 15, arms 90) extending radially inward (see Fig 15) from the second prong stem (see Fig 15), the second prong stem (Fig 15) extends radially (see Fig 15) from the wall member (see Fig 4) a second radial distance (see Figs 4 and 15, Examiner notes the combination of modified Rebbeck and Umekage, i.e. the second set of prongs to engage the bolt, as extends radially from the wall member a second radial distance), each of the at least two second fingers (90) includes a respective edge that extends a second length (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm of protrusion 88 adjacent gap 92 and distal from the stem of protrusion 88, as includes a respective edge that extends a second length) and faces towards (see Fig 15) the central longitudinal axis (Fig 1, central axis 42) of the primary member (see Fig 4), the first length (see Fig 15) is greater (see Fig 15) than the second length (see Fig 15), and the first radial distance (see Fig 15) is less (see Figs 4 and 15) than the second radial distance (see Figs 4 and 15).
Regarding claim 15, modified Rebbeck teaches the fastening system (see Fig 1) of claim 14 and further teaches comprising a washer (Paragraph 0096, Rebbeck indicates a use of a washer between nut 16 and surface 34) wherein:
the second prong (see Fig 15) is configured to, when the cap (10) is coupled (capable of being coupled, i.e. this is a functional recitation; Paragraphs 0054 and 0072) to the nut (16), contact a surface (capable of contacting a surface, i.e. this is a functional recitation) of the washer (Paragraph 0096).
Regarding claim 16, modified Rebbeck teaches the fastening system (see Fig 1) of claim 15 and further teaches wherein prongs (see Fig 15) of the first set of prongs (Fig 15, protrusions 88) are spaced apart from one another (see Fig 15) along a perimeter (see Figs 1 and 15) of the wall member (see Fig 4), and wherein prongs (see Fig 15) of the second set of prongs (88; Umekage, see Fig 1) are spaced apart from one another (see Fig 15; Umekage, see Fig 1) along the perimeter (see Figs 1 and 15) of the wall member (see Fig 4) and offset (see Fig 15; Umekage, see Figs 1-2) from each of the prongs (see Fig 15) of the first set of prongs (88) such that the plurality of prongs (see Figs 1 and 15; Umekage, see Fig 1) extend along an inner surface (see Fig 4) of the wall member (see Fig 4) without contacting one another (see Fig 15; Umekage, see Fig 1).
Regarding claim 17, modified Rebbeck teaches the fastening system (see Fig 1) of claim 15 and further teaches wherein each prong (see Fig 15) of the plurality of prongs (see Figs 1 and 15; Umekage, see Fig 1) includes a respective prong stem (see Fig 15, Examiner notes a stem of protrusions 88 in which arms 90 extend radially inward from as includes a respective prong stem) and at least two fingers (Fig 15, arms 90) extending (see Fig 15) from the respective prong stem (see Fig 15) in a U-shape (see Fig 15).
Regarding claim 18, modified Rebbeck teaches the fastening system (see Fig 1) of claim 17 and further teaches wherein:
when the cap (10) is coupled (see Fig 15, Paragraph 0126) to the nut (16), each prong (see Fig 15) of the first set of prongs (88) is configured to engage (capable of engaging, i.e. this is a functional recitation; see Fig 15) the nut (16) such that edges (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm 90 extending from the stem of protrusions 88 towards gap 92, as edges) of the at least two fingers (90) of each of the prongs (see Fig 15) in the first set of prongs (88) extend the first length (see Fig 15) and the respective prong stems (see Fig 15) of each of the prongs (see Fig 15) of the first set of prongs (88) extend radially (see Fig 15) from the wall member (see Fig 4) the first radial distance (see Fig 15); and
when the cap (10) is coupled (see Fig 15, Paragraph 0126) to the nut (16), each prong (see Fig 15) of the second set of prongs (88; Umekage, see Fig 1) is configured to engage (capable of engaging, i.e. this is a functional recitation) the washer (Paragraph 0096) such that edges (see Fig 15, Examiner notes an interior edge of each arm 90 adjacent nut 16, i.e. the interior edge of each arm of protrusion 88 adjacent gap 92 and distal from the stem of protrusion 88, as edges) of the at least two fingers (90) of each of the prongs (see Fig 15) in the second set of prongs (88; Umekage, see Fig 1) extend the second length (see Fig 15) and the respective prong stems (see Fig 15) of each of the prongs (see Fig 15; Umekage, see Fig 1) of the second set of prongs (88; Umekage, see Fig 1) extend radially (see Fig 15) from the wall member (see Fig 4) the second radial distance (see Figs 4 and 15).
Regarding claim 19, modified Rebbeck teaches the fastening system (see Fig 1) of claim 14 and further teaches comprising:
a contact edge (see Figs 1-4, Examiner notes with respect to Fig 3, undersides of ring 26 and castellations 32, facing and engaging, respectively, surface 34 as a contact edge) including an edge (see Figs 1-4, Examiner notes with respect to Figs 3-4, ring 26 and castellations 32 extending from wall 28 and extending distal from top end 20 as including an edge) of the wall member (see Fig 4) of the primary member (see Fig 4) positioned opposite (see Figs 1-4) the floor member (20) and configured to contact (capable of contacting, i.e. this is a functional recitation; see Fig 3) an article (Fig 3, surface 34) being joined by a combination (Paragraphs 0054 and 0072) of the nut (16) and the bolt (Paragraph 0072), wherein the cap (10) is configured to at least partially enclose (capable of partially enclosing, i.e. this is a functional recitation; see Fig 4) the nut (16) when the cap (10) is coupled (see Fig 15, Paragraph 0126) to the nut (16), and wherein the contact edge (see Figs 1-4) includes an edge channel (Fig 3, gap 50), the edge channel (50) including an annular groove defined in a face (see Figs 1-4, Examiner notes gap 50 extending circumferentially between ring 26 and castellations 32 as an annular groove defined in a face) of the contact edge (see Figs 1-4);
a skirt (see Figs 1-4, Examiner notes ring 26 and castellations 32 as a skirt) disposed adjacent (see Fig 1) the open end (see Fig 1) of the primary member (see Fig 4), wherein the primary member (see Fig 4) has a first diameter and the skirt (see Figs 1-4) has a second diameter larger (see Figs 1-4) than the first diameter (see Figs 1-4, Examiner notes ring 26 having a diameter larger than walls 18 and 28 as the primary member has a first diameter and the skirt has a second diameter larger than the first diameter); and
an aperture (see Figs 1-4, Examiner notes with respect to Fig 3, openings under ring 26 and between castellations 32 adjacent surface 34 as an aperture) defined through the skirt (see Figs 1-4).
Regarding claims 20 and 23, Examiner notes that the instant method step limitations are considered obvious over the prior art in view of rejections of the structural limitations previously set forth. Although the prior art does not explicitly set forth the method steps as claimed when the method steps essentially set forth the provision and use of an apparatus, as intended by its structure, then such method steps are considered obvious when the structure of the apparatus has been demonstrated as obvious or anticipated by the prior art.
Concerning claims 20 and 23, given the structure of the cap, the structural elements of the combination of the electrical protector as disclosed by modified Rebbeck (as rejected in claims 1-7, 9-10, and 12 above) would render the claimed method steps obvious since such would be a logical manner of using the combination.
Regarding claim 24, modified Rebbeck teaches the method of claim 20 and further teaches wherein the height (see Fig 4) of the nut (16) is along the central longitudinal axis (42) but fails to teach wherein the respective edge of each of the at least two first fingers extends a height that is greater than a height of the nut.
It would have been an obvious matter of design choice to have modified the respective edge of each of the at least two first fingers as disclosed by modified Rebbeck to extend a height that is greater than a height of the nut and/or have modified a height of the nut such that the respective edge of each of the at least two first fingers extends a height that is greater than the height of the nut, since such a modification would have involved a mere change in size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 (IV)(A). The rationale for supporting this conclusion of obviousness is to optimize engagement between the nut and the respective edge of each of the at least two first fingers and/or facilitate reducing costs and mass with a modified height of the nut.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rebbeck, in view of Umekage and Thurow et al. (US2006/0210375A1), hereinafter "Thurow".
Regarding claim 8, modified Rebbeck teaches the cap (10) of claim 1 but fails to teach wherein the first prong includes a magnet disposed on the first prong.
Thurow teaches the first prong (Paragraph 0025) includes a magnet (Fig 8, magnet 120) disposed on the first prong (Paragraph 0025).
Therefore, as evidenced by Thurow, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped magnet as taught by Thurow to modified Rebbeck. The rationale for supporting this conclusion of obviousness is to facilitate coupling the body to the fastener when the fastener is received in the body (Thurow, Paragraph 0019).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 14, and 20 have been considered but are moot because the new ground of rejection does not rely on any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675