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 10, 13, and 15-16 have been amended. Claims 1-9 have been cancelled. Claims 17-19 have been added. Therefore, claims 10-19 remain pending in the application. Applicant’s amendments to the Specification and Claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed April 3, 2025.
Claim Objections
Claims 10, 13 and 15 are objected to because of the following informalities:
In claims 10, 13 and 15 the term “generally” should be deleted.
In claim 15, line 22, “feature ;” should read “feature;”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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) 10-12, 14-15, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campbell et al. (US20180345196A1), hereinafter "Campbell".
Regarding claim 10, 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), 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) and spaced (see Fig 9) from the first side wall (see Fig 9, 25a), 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 generally horizontal channel) and second generally 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 generally 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 generally 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 generally 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).
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Campbell, Annotated Fig 92
Regarding claim 11, 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) 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, 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).
Regarding claim 14, 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, 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 generally 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 generally 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).
Regarding claim 18, Campbell teaches 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, 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 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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell, in view of Langmaid (US2278790A), hereinafter "Langmaid".
Regarding claim 13, Campbell teaches the component assembly (10) of claim 10 and further teaches wherein the generally 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).
Campbell fails to teach wherein the generally C-shaped clip component is made of spring steel.
However, Langmaid teaches it is known to provide wherein the generally 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 a generally 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 generally C-shaped clip component is made of spring steel as taught by Langmaid to 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 generally 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.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell.
Regarding claim 16, Campbell teaches a clip and nut fastener assembly (Fig 92, Paragraphs 0196-0200, clip 34) comprising first (see Annotated Fig 92 above) and second contact surfaces (see Annotated Fig 92 above) corresponding to first (see Annotated Fig 92 above, Examiner notes a first clamp load path as a functional recitation) and second clamp load paths (see Annotated Fig 92 above, Examiner notes a second clamp load path as a functional recitation), respectively, wherein the first (see Annotated Fig 92 above) and second contact surfaces (see Annotated Fig 92 above) are spaced (see Fig 92) from each other (see Annotated Fig 92 above) relative to a fastening axis (see Figs 1B and 9, Paragraphs 0196-0200) of the clip and nut fastener assembly (34), the clip and nut fastener assembly (34) comprising:
a clip component (see Annotated Fig 92 above) comprising:
a lower plate (see Annotated Fig 92 above) comprising a bottom surface (see Annotated Fig 92 above) comprising the first contact surface (see Annotated Fig 92 above) positionable (see Fig 1B and 9, Paragraphs 0196-0200; capable of being positioned, i.e. this is a functional recitation) adjacent to a top surface (see Fig 9, Examiner notes a surface of walls 25b adjacent interior region 20i as a top surface) of a bottom wall (Fig 9, walls 25b) of a mounting feature (Fig 9, housing body 20) of a component (Fig 1, air cleaner 10); 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);
a nut component (see Annotated Fig 92 above) comprising:
a first nut portion (see Annotated Fig 92 above) configured to fit (see Fig 94) within the first aperture (see Annotated Fig 92 above and Fig 94) of the lower plate (see Annotated Fig 92 above), wherein a bottom surface (see Annotated Fig 92 above) of the first nut portion (see Annotated Fig 92 above) comprises the second contact surface (see Annotated Fig 92 above); and
a head portion (see Annotated Fig 92 above) extending (see Fig 94) from the first nut portion (see Annotated Fig 92 above); and
a fastener (Paragraphs 0196-0200, Examiner notes mounting bolt as a fastener) extending along the fastening axis (see Figs 1B and 9) through a structure (Paragraphs 0196-0200, Examiner notes a supporting structure as a structure) to which the component (10) is being attached (Paragraphs 0196-0200), the mounting feature (20) of the component (10) being attached (Paragraphs 0196-0200) to the structure (Paragraphs 0196-0200), the nut component (see Annotated Fig 92 above), and the first aperture (see Annotated Fig 92 above and Fig 94) of the lower plate (see Annotated Fig 92 above) of the clip component (see Annotated Fig 92 above);
wherein the first clamp load path (see Annotated Fig 92 above) extends along the fastening axis (see Figs 1B and 9) from the head portion (see Annotated Fig 92 above) of the nut component (see Annotated Fig 92 above) through the lower plate (see Annotated Fig 92 above) of the clip component (see Annotated Fig 92 above), through the mounting feature (20) of the component (10), through the structure (Paragraphs 0196-0200) to which the component (10) is being attached (Paragraphs 0196-0200), and to the fastener (Paragraphs 0196-0200); and
wherein the second clamp load path (see Annotated Fig 92 above) extends along the fastening axis (see Figs 1B and 9) from the first nut portion (see Annotated Fig 92 above) through the structure (Paragraphs 0196-0200) and to the fastener (Paragraphs 0196-0200).
Campbell fails to teach wherein the fastener comprises a fastener head.
However, Campbell in Paragraphs 0196-0200, teaches the mounting arrangement 30 is shown as including a pair of mounting structures 32 and is also shown as including four mounting clips 34. Further, Campbell teaches using bolt 32c with head 32d of the mounting structures 32 for providing an adjustable mounting system. Thus, Campbell teaches it is known to provide wherein the fastener (Fig 78, bolt 32c) comprises a fastener head (Fig 78, head 32d).
Therefore, as evidenced by Campbell in Paragraphs 0196-0200, 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 mounting bolt of the clip and nut assembly to include an adequately sized and shaped fastener comprising a fastener head as taught by Campbell in Paragraphs 0196-0200. The rationale for supporting this conclusion of obviousness is to provide known fasteners having a fastener head as well as improving assembly complexity, e.g. commonization of fasteners to provide mistake proofing, reducing individual part numbers within the final product, etc.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campbell, in view of Patterson (US20020076300A1), hereinafter "Patterson".
Regarding claim 17, 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 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 filed August 4, 2025 have been fully considered but they are not persuasive. With respect to claims 10 and 15 on Pgs 8-9 of Applicant’s Remarks filed August 4, 2025, Applicant argues Campbell discloses a retaining clip 34 that attaches to a wall of a channel 25 of housing body 20 and not to a mounting feature that includes horizontal channels in its side walls and with regard to the Examiner’s characterization on Pg 7 of Campbell having “a channel between a rib and wall 25b on the upper sidewalls 25a in which clip 34 is mounted”, it is unclear where such a channel is located and is also unclear how any such “channel” can be considered equivalent to one of the horizontal channels that extend along a side wall of a mounting feature. The Examiner respectfully disagrees and as set forth in the Non-Final Office Action mailed April 3, 2025 and as set forth above, the Examiner noted with respect to Figs 1B and 9, horizontal channels between a rib and walls 25b on the upper and lower sidewalls 25a, as generally first and second generally horizontal channels extending along the first and second side walls, respectively. The Examiner respectfully notes Annotated Fig 1B of Campbell below for reference.
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Campbell, Annotated Fig 1B
Further, Applicant argues that for further evidence that Campbell does not teach or suggest the presently claimed component assembly features, Campbell states in Paragraph 0200 that “the end wall 25b is clipped between the base portion 34a and the clip portion 34c” (emphasis added) and such a configuration does not disclose a clip component that is completely inside a mounting feature, with a lower plate of a clip positioned in first and second channels and with a bottom surface of the same lower plate in contact with an upper surface of a bottom wall of the mounting feature. The Examiner agrees that Campbell states in Paragraph 0200 that “the end wall 25b is clipped between the base portion 34a and the clip portion 34c” (emphasis added), however, the Examiner notes Campbell also states in Paragraph 0200 that “the mounting clip is installed onto the end wall 25b such that the head portion 34b extends through the aperture 25c”. Accordingly, the Examiner respectfully disagrees that Campbell does not teach or suggest the presently claimed component assembly features and notes that Campbell illustrates in at least Fig 1B, a lower plate of a clip positioned in first and second channels and with a bottom surface of the same lower plate in contact with an upper surface of a bottom wall of the mounting feature as set forth above. Further, in response to Applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which Applicant relies (i.e., a clip component that is completely inside a mounting feature) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
With respect to claim 16 on Pg 9 of Applicant’s Remarks filed April 3, 2025, Applicant argues as is discussed above relative to claims 10 and 15, Campbell fails to disclose or teach a clip and nut fastener assembly that includes a lower plate of a clip component that is in contact with a top surface of a bottom wall of a mounting feature of a component. The Examiner respectfully disagrees as noted above relative to claims 10 and 15.
Conclusion
THIS ACTION IS MADE FINAL. 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