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 Objections
Claim 1 is objected to because of the following informalities: in claim 2, line 3, it should be clarified that surface is on the seat portion because as written it could be interoperated that the surface is on the leg portion. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Wollar (US 4,405,272). Wollar discloses a clip structure (5) comprising: a grommet member (6) having an insertion hole (10) which surrounds leg portions (16) configured to face a mounting member (11) and inserted into a hole; a pin (7) including a shaft portion inserted into the insertion hole (Fig. 4); the grommet includes a continuous ring shaped projecting portion (8) projecting from a seat portion (15) opposite the leg portions; the pin member includes a ring shaped support portion with an even circumferential surface on the shaft adjacent with the projecting portion; and a flange (12) is connected to the support portion forming a recessed groove (13) receiving the projection portion (Fig. 4). The seat portion has a surface (read as the outer peripheral surface) which faces a surface of the mounting member (at 11h).
PNG
media_image1.png
438
759
media_image1.png
Greyscale
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 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Wollar as applied to claims 1 and 2 above, and further in view of Koscik (US 4,085,651). Wollar does not disclose the leg portions having a rib to come into contact the hole. Koscik discloses a clip structure including a grommet (22) with leg portions (24) wherein the leg portions include ribs (82) for coming into contact with a mounting hole (48). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the leg portion of Wollar with ribs as disclosed Koscik in order to improve the engagement with the hole.
Allowable Subject Matter
Claim 3 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 6 is allowable.
Response to Remarks
The amendments have overcome the 112 rejection(s).
Applicant argues that the amendments to claim 1 defines over Wollar. Applicant argues that Wollar does not disclose the seat portion having a surface facing a surface of the mounting member. In response the examiner disagree because as explained above, Wollar discloses the seat portion (15) has an outer peripheral surface which reads on the claimed “surface” and that surface is facing an inner peripheral surface of the hole (11b) in the mounting member.
The examiner agrees that the structure of the seat portion of Wollar is different than the instant invention. However, the claims require further clarification.
PNG
media_image2.png
428
650
media_image2.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
Prosecution Insights