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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 3, 2025 has been entered.
Response to Amendment
Claims 10, 13, and 15 have been amended. Claim 16 has been cancelled. Therefore, claims 10-15 and 17-19 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection previously set forth in the Final Office Action mailed September 15, 2025.
Claim Objections
Claims 10-12 and 15 are objected to because of the following informalities:
In claims 10-12 and 15, all instances of “lower plate” should read “lower planar plate”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-15 and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitations of "the first edge" and "the second edge" in lines 26 and 27, respectively. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 10, lines 26 and 27, will be read as “the first side edge” and “the second side edge”, respectively.
Claims 11-14 and 17-19 are rejected as being dependent on, and failing to cure the deficiencies of, rejected independent claim 10.
Claim 15 recites the limitations of "the first edge" and "the second edge" in lines 22 and 22-23, respectively. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 15, lines 22 and 22-23, will be read as “the first side edge” and “the second side edge”, respectively.
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) 10-15 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell et al. (US20180345196A1), hereinafter "Campbell", in view of Langmaid (US2278790A), hereinafter "Langmaid".
Regarding claim 10, as best understood, Campbell teaches a component assembly (Fig 1, air cleaner 10) comprising:
at least one mounting feature (Fig 9, housing body 20) comprising:
a bottom wall (Fig 9, walls 25b) with an upper surface (see Fig 9, Examiner notes a surface of walls 25b adjacent interior region 20i as an upper surface);
a first side wall (see Fig 9, Paragraphs 0196-0200, Examiner notes upper sidewalls 25a of channels 25 as a first side wall) extending (see Fig 9) from the bottom wall (25b) and comprising an inner surface (see Fig 9, Examiner notes an inner surface of upper sidewalls 25a of channels 25 as comprising an inner surface);
a second side wall (see Fig 9, Paragraphs 0196-0200, Examiner notes lower sidewalls 25a of channels 25 as a second side wall) extending (see Fig 9) from the bottom wall (25b), spaced (see Fig 9) from the first side wall (see Fig 9, 25a), and comprising an inner surface (see Fig 9, Examiner notes an inner surface of lower sidewalls 25a of channels 25 as comprising an inner surface);
a mounting aperture (Fig 9, apertures 25c) extending (see Fig 9) through the bottom wall (25b); and
first (see Figs 1B and 9, Examiner notes a channel between a rib and wall 25b on the upper sidewalls 25a in which clip 34 is mounted as a first horizontal channel) and second horizontal channels (see Figs 1B and 9, Examiner notes a horizontal channel between a rib and wall 25b on the lower sidewalls 25a as a second horizontal channel) extending (see Fig 9) along the first (see Fig 9, 25a) and second side walls (see Fig 9, 25a), respectively; and
a clip and nut assembly (Fig 92, Paragraphs 0196-0200, clip 34) corresponding (see Fig 1B, Paragraphs 0196-0200) to the at least one mounting feature (20), the clip and nut assembly (34) comprising:
a C-shaped clip component (see Annotated Fig 92 below) comprising:
a lower plate (see Annotated Fig 92 below) comprising an upper surface (see Annotated Fig 92 below) and an opposite bottom surface (see Annotated Fig 92 below);
a retention tab (see Annotated Fig 92 below) curved (see Fig 92) over the lower plate (see Annotated Fig 92 below) so that a lower surface (see Annotated Fig 92 below) of the retention tab (see Annotated Fig 92 below) is facing (see Fig 92) and spaced (see Fig 92) from the upper surface (see Annotated Fig 92 below) of the lower plate (see Annotated Fig 92 below); and
a first aperture (see Annotated Fig 92 below and Fig 94, Paragraphs 0196-0200, Examiner notes an aperture in which first nut portion extends through the lower plate as a first aperture) extending (see Fig 94) through the lower plate (see Annotated Fig 92 below); and
a nut component (see Annotated Fig 92 below) comprising:
a first nut portion (see Annotated Fig 92 below) configured to fit (see Fig 94) within the first aperture (see Annotated Fig 92 below and Fig 94); and
a second nut portion (see Annotated Fig 92 below) extending (see Fig 94) from the first nut portion (see Annotated Fig 92 below);
wherein the lower plate (see Annotated Fig 92 below) is positioned (see Fig 1B) within the first (see Figs 1B and 9) and second horizontal channels (see Figs 1B and 9) of the at least one mounting feature (20) with the first aperture (see Annotated Fig 92 below and Fig 94) of the lower plate (see Annotated Fig 92 below) aligned (see Fig 1B, Paragraphs 0196-0200) with the mounting aperture (25c) of the at least one mounting feature (20); and
wherein the bottom surface (see Annotated Fig 92 below) of the lower plate (see Annotated Fig 92 below) is in contact (see Figs 1B and 9, Paragraphs 0196-0200, Examiner notes the mounting clip 34 is installed onto the end wall 25b such that the head portion 34b extends through the aperture 25c and such that the end wall 25b is clipped between the base portion 34a and the clip portion 34c as is in contact) with the upper surface (see Fig 9) of the bottom wall (25b) of the at least one mounting feature (20).
Campbell fails to teach a lower planar plate, a first side edge extending between the upper and bottom surfaces, and a second side edge extending between the upper and bottom surfaces and spaced from the first side edge across a width of the lower planar plate; and with the first edge of the lower planar plate facing the first side wall and the second edge of the lower planar plate facing the second side wall.
However, Langmaid teaches it is known to provide a first side edge (see Fig 1, Examiner notes an upper side edge of a plate of clip 10 having depression 19 as a first side edge) extending (see Fig 1) between the upper (see Fig 1, Examiner notes a surface of the plate of clip 10 having depression 19 adjacent portion 24 as the upper surface) and bottom surfaces (see Fig 1, Examiner notes a surface of the plate of clip 10 having depression 19 distal portion 24 as the bottom surface), and a second side edge (see Fig 1, Examiner notes a lower side edge of the plate of clip 10 having depression 19 as a second side edge) extending (see Fig 1) between the upper (see Fig 1) and bottom surfaces (see Fig 1) and spaced (see Fig 1) from the first side edge (see Fig 1) across a width (see Fig 1, Examiner notes a width of the plate of clip 10 having depression 19 as a width) of the lower plate (see Fig 1, Examiner notes the plate of clip 10 having depression 19 as the lower plate).
Therefore, as evidenced by Langmaid, 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 lower plate of Campbell to have adequately sized and shaped first and second side edges as taught by Langmaid. The rationale for supporting this conclusion of obviousness is to facilitate improving the clip, e.g. reducing cost, mass, etc. as well as reducing manufacturing complexity, e.g. tooling, processing, etc.
Accordingly, modified Campbell teaches a lower planar plate (see Annotated Fig 92 below; Langmaid, see Fig 1), with the first edge (Langmaid, see Fig 1) of the lower planar plate (see Annotated Fig 92 below; Langmaid, see Fig 1) facing (see Figs 1B and 9) the first side wall (see Fig 9, 25a) and the second edge (Langmaid, see Fig 1) of the lower planar plate (see Annotated Fig 92 below; Langmaid, see Fig 1) facing (see Figs 1B and 9) the second side wall (see Fig 9, 25a).
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Campbell, Annotated Fig 92
Regarding claim 11, as best understood, modified Campbell teaches the component assembly (10) of claim 10 and further teaches wherein the first aperture (see Annotated Fig 92 above and Fig 94) extending (see Fig 94) through the lower plate (see Annotated Fig 92 above; Langmaid, see Fig 1) comprises a hexagonal opening (see Fig 97) and wherein the first nut portion (see Annotated Fig 92 above) of the nut component (see Annotated Fig 92 above) comprises an outer hexagonal shape (see Fig 97).
Regarding claim 12, as best understood, modified Campbell teaches the component assembly (10) of claim 10 and further teaches comprising a second aperture (see Annotated Fig 92 above, Examiner notes an aperture extending through the retention tab as comprising a second aperture) extending (see Fig 92) through the retention tab (see Annotated Fig 92 above) that is vertically aligned (see Fig 92) with the first aperture (see Annotated Fig 92 above and Fig 94) extending (see Fig 94) through the lower plate (see Annotated Fig 92 above; Langmaid, see Fig 1).
Regarding claim 13, as best understood, modified Campbell teaches the component assembly (10) of claim 10 and further teaches wherein the C-shaped clip component (see Annotated Fig 92 above) can deform (capable of deforming, i.e. this is a functional recitation) when being pressed (see Figs 1B and 9) into the at least one mounting feature (20) and spring back (capable of springing back, i.e. this is a functional recitation) to an undeformed configuration (see Fig 92) when positioned (see Fig 1B) within the at least one mounting feature (20).
Modified Campbell fails to teach wherein the C-shaped clip component is made of spring steel.
However, Langmaid teaches it is known to provide wherein the C-shaped clip component (see Fig 1, Pg 1, Col 2, lines 22-32, Examiner notes fastening device 10 consists of a strip of spring steel which is bent, as at 14, to form a clip as the C-shaped clip component) is made of spring steel (Pg 1, Col 2, lines 22-32).
Therefore, as evidenced by Langmaid, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine wherein the C-shaped clip component is made of spring steel as taught by Langmaid to modified Campbell. Additionally, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the C-shaped clip component to be of spring steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07. The rationale for supporting this conclusion of obviousness is to provide a known clip material based on application and requirements, e.g. elasticity, fatigue resistance, etc.
Regarding claim 14, as best understood, modified Campbell teaches the component assembly (10) of claim 10 and further teaches wherein the mounting aperture (25c) of the at least one mounting feature (20) comprises a hexagonal opening (see Fig 9).
Regarding claim 15, as best understood, Campbell teaches a method (Paragraphs 0196-0200) of attaching an air cleaner housing (Fig 1, air cleaner 10) to a structure (Paragraphs 0196-0200, Examiner notes mount the air cleaner 10 to a supporting structure as attaching an air cleaner housing to a structure), wherein the air cleaner housing (10) comprises at least one mounting feature (Fig 9, housing body 20), the method (Paragraphs 0196-0200) comprising steps (see Figs 1B and 9, Paragraphs 0196-0200) of:
positioning (see Fig 1B, Paragraphs 0196-0200) a clip and nut assembly (Fig 92, Paragraphs 0196-0200, clip 34) adjacent (see Fig 1B) to the at least one mounting feature (20), wherein the clip and nut assembly (34) comprises:
a C-shaped clip component (see Annotated Fig 92 above) comprising:
a lower plate (see Annotated Fig 92 above) comprising an upper surface (see Annotated Fig 92 above) and an opposite bottom surface (see Annotated Fig 92 above);
a retention tab (see Annotated Fig 92 above) curved (see Fig 92) over the lower plate (see Annotated Fig 92 above) so that a lower surface (see Annotated Fig 92 above) of the retention tab (see Annotated Fig 92 above) is facing (see Fig 92) and spaced (see Fig 92) from the upper surface (see Annotated Fig 92 above) of the lower plate (see Annotated Fig 92 above); and
a first aperture (see Annotated Fig 92 above and Fig 94, Paragraphs 0196-0200, Examiner notes an aperture in which first nut portion extends through the lower plate as a first aperture) extending (see Fig 94) through the lower plate (see Annotated Fig 92 above); and
a nut component (see Annotated Fig 92 above) comprising:
a first nut portion (see Annotated Fig 92 above) positioned (see Fig 94) within the first aperture (see Annotated Fig 92 above and Fig 94) extending (see Fig 94) through the lower plate (see Annotated Fig 92 above);
a second nut portion (see Annotated Fig 92 above) extending (see Fig 94) from the first nut portion (see Annotated Fig 92 above); and
a central threaded opening (see Fig 92, Paragraphs 0196-0200, Examiner notes threaded opening for receiving a mounting bolt as a central threaded opening) extending (see Figs 96-97) through the first (see Annotated Fig 92 above) and second nut portions (see Annotated Fig 92 above);
sliding (see Figs 1B and 9, Paragraphs 0196-0200) the lower plate (see Annotated Fig 92 above) of the C-shaped clip component (see Annotated Fig 92 above) into first (see Figs 1B and 9, Examiner notes a channel between a rib and wall 25b on the upper sidewalls 25a in which clip 34 is mounted as a first horizontal channel) and second horizontal channels (see Figs 1B and 9, Examiner notes a horizontal channel between a rib and wall 25b on the lower sidewalls 25a as a second horizontal channel) extending (see Figs 1B and 9) along first (see Fig 9, Paragraphs 0196-0200, Examiner notes upper sidewalls 25a of channels 25 as a first side wall) and second side walls (see Fig 9, Paragraphs 0196-0200, Examiner notes lower sidewalls 25a of channels 25 as a second side wall) of the at least one mounting feature (20), respectively, until the first aperture (see Annotated Fig 92 above and Fig 94) of the lower plate (see Annotated Fig 92 above) is aligned (see Fig 1B, Paragraphs 0196-0200) with a mounting aperture (Fig 9, apertures 25c) extending (see Fig 9) through a bottom wall (Fig 9, walls 25b) of the at least one mounting feature (20) and the bottom surface (see Annotated Fig 92 above) of the lower plate (see Annotated Fig 92 above) is in contact (see Figs 1B and 9, Paragraphs 0196-0200, Examiner notes the mounting clip 34 is installed onto the end wall 25b such that the head portion 34b extends through the aperture 25c and such that the end wall 25b is clipped between the base portion 34a and the clip portion 34c as is in contact) with an upper surface (see Fig 9, Examiner notes a surface of walls 25b adjacent interior region 20i as an upper surface) of the bottom wall (25b) of the at least one mounting feature (20);
positioning (Paragraphs 0196-0200) the mounting aperture (25c) of the at least one mounting feature (20) adjacent (Paragraphs 0196-0200) to a structure aperture (Paragraphs 0196-0200) extending (Paragraphs 0196-0200) through the structure (Paragraphs 0196-0200);
extending (Paragraphs 0196-0200) a fastener (Paragraphs 0196-0200, Examiner notes mounting bolt as a fastener) through the mounting aperture (25c) and the structure aperture (Paragraphs 0196-0200); and
threading (Paragraphs 0196-0200) the fastener (Paragraphs 0196-0200) into the central threaded opening (see Fig 92) of the nut component (see Annotated Fig 92 above).
Campbell fails to teach a lower planar plate, a first side edge extending between the upper and bottom surfaces, and a second side edge extending between the upper and bottom surfaces and spaced from the first side edge across a width of the lower planar plate; and with the first edge of the lower planar plate facing the first side wall and the second edge of the lower planar plate facing the second side wall.
However, Langmaid teaches it is known to provide a first side edge (see Fig 1, Examiner notes an upper side edge of a plate of clip 10 having depression 19 as a first side edge) extending (see Fig 1) between the upper (see Fig 1, Examiner notes a surface of the plate of clip 10 having depression 19 adjacent portion 24 as the upper surface) and bottom surfaces (see Fig 1, Examiner notes a surface of the plate of clip 10 having depression 19 distal portion 24 as the bottom surface), and a second side edge (see Fig 1, Examiner notes a lower side edge of the plate of clip 10 having depression 19 as a second side edge) extending (see Fig 1) between the upper (see Fig 1) and bottom surfaces (see Fig 1) and spaced (see Fig 1) from the first side edge (see Fig 1) across a width (see Fig 1, Examiner notes a width of the plate of clip 10 having depression 19 as a width) of the lower plate (see Fig 1, Examiner notes the plate of clip 10 having depression 19 as the lower plate).
Therefore, as evidenced by Langmaid, 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 lower plate of Campbell to have adequately sized and shaped first and second side edges as taught by Langmaid. The rationale for supporting this conclusion of obviousness is to facilitate improving the clip, e.g. reducing cost, mass, etc. as well as reducing manufacturing complexity, e.g. tooling, processing, etc.
Accordingly, modified Campbell teaches a lower planar plate (see Annotated Fig 92 above; Langmaid, see Fig 1), with the first edge (Langmaid, see Fig 1) of the lower planar plate (see Annotated Fig 92 above; Langmaid, see Fig 1) facing (see Figs 1B and 9) the first side wall (see Fig 9, 25a) and the second edge (Langmaid, see Fig 1) of the lower planar plate (see Annotated Fig 92 above; Langmaid, see Fig 1) facing (see Figs 1B and 9) the second side wall (see Fig 9, 25a).
Regarding claim 18, as best understood, modified Campbell teaches the component assembly (10) of claim 10 and further teaches wherein the nut component (see Annotated Fig 92 above) further comprises a central threaded opening (see Fig 92, Paragraphs 0196-0200, Examiner notes threaded opening for receiving a mounting bolt as a central threaded opening).
Regarding claim 19, as best understood, modified Campbell teaches the component assembly (10) of claim 10 and further teaches wherein the second nut portion (see Annotated Fig 92 above) comprises a head portion (see Annotated Fig 92 above) extending (see Fig 94) from the first nut portion (see Annotated Fig 92 above).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell, in view of Langmaid and Patterson (US20020076300A1), hereinafter "Patterson".
Regarding claim 17, as best understood, modified Campbell teaches the component assembly of claim 10 but fails to teach wherein the retention tab comprises a distal end portion that is bent at least upwardly from a proximal portion.
However, Patterson teaches it is known to provide wherein the retention tab (Fig 1, leg 18) comprises a distal end portion (see Fig 1, Examiner notes a portion of leg 18 distal leg 20 as a distal end portion) that is bent (see Fig 1, Paragraph 0028) at least upwardly (see Fig 1, Paragraph 0028) from a proximal portion (see Fig 1, Paragraph 0028).
Therefore, as evidenced by Patterson, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine wherein the retention tab comprises a distal end portion that is bent at least upwardly from a proximal portion as taught by Patterson to modified Campbell. The rationale for supporting this conclusion of obviousness is to provide an enlarged or opened entrance area to facilitate inserting the plate over the component (Patterson, Paragraph 0028).
Response to Arguments
Applicant’s arguments with respect to claim(s) 10 and 15 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
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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