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 .
Claim Objections
Claim 7 is objected to because of the following informalities:
“a base wall of the housing device” in claim 7 should be “the base wall of the housing device” since the base wall is already introduced in atleast claim 4.
Appropriate correction is required.
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.
Claims 1 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al., US20180335072 (hereinafter, Wilson).
Regarding claim 1, A fastening apparatus (see Fig. 19) for fastening a component to a bolt of a carrier component (intended use), comprising:
a housing device 350 having a receiving space 350a for receiving a bolt (see Figs. 4-5) in an axial direction, and
a fastening clip 300 arranged in the receiving space of the housing device, wherein the
fastening clip comprises at least two latching arms 330a, 330b, at whose free ends latching edges are formed so as to hold a bolt (see Figs. 4-5), wherein the latching edges of the latching arms are inclined (see Fig. 13) relative to the axial direction;
wherein the fastening clip is a component separate from the housing device that is
inserted into and retained in the receiving space such that the latching edges are within the
receiving space (see Figs. 13-19);
wherein the latching edges of the latching arms are linearly formed and inclined in the
axial direction relative to an X/Y plane (X/Y plane being plane into the page in Fig. 12) in in both the X direction and the Y direction (see Figs. 12-13 showing inclined arms), respectively, such that the latching edge of each latching arm has a first side (see 336b in Fig. 13) located at a first distance from the X/Y plane (see Fig. 12) and at a first height in the X/Y plane (see height of arrow 252 in Fig. 12) and a second side (334b see Fig. 13) located at a second distance from the X/Y plane (see Fig. 12) and at a second height in the X/Y plane (see height compared to two side in Figs. 12-13), wherein the first height is lower than the second height (see Fig. 12).
Wilson fails to teach the first distance is smaller than the second distance.
However, it is the examiner’s position that Wilson lacks specifically disclosing the first distance is smaller than the second distance, however changes in shape have been established to be obvious to a person of ordinary skill in the art in the absence of a persuasive evidence that the particular configuration was significant. The disclosure does not provide any evidence of the criticality of the first distance being smaller than the second distance. Therefore, it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first distance to be smaller than the second distance as an obvious change in shape. MPEP 2144.04 (iv)(b).
Regarding claim 3, Wilson teaches and/or make obvious of the fastening apparatus according to claim 1, but fails to expressly teach wherein the latching arms are configured such that the fastening apparatus can be assembled on a bolt by a movement in the axial direction and can be disassembled by a rotational movement about a longitudinal axis of a bolt extending in the axial direction.
However, it is the examiner’s position that Wilson teaches and/or make obvious of the structural limitations of the claim above. Further, Examiner notes that the functional limitations in claim 3 are considered method steps, therefore 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.
Regarding claim 4, Wilson teaches and/or make obvious of the fastening apparatus according to claim 1, wherein Wilson further teaches the housing device 350 comprises a base wall 362 having a bolt passage opening 366 for introducing a bolt into the receiving space, two diametrically opposed side wall portions 354, 356, and wherein portions of the side wall portions facing the receiving space 350a, which are referred to as stop portions (354, 356 in Fig. 19).
Wilson in embodiment shown in Figs. 12-19 fails to teach a top wall, wherein the base wall is connected to the top wall via the two side wall portions.
However, Wilson in embodiment shown in Fig. 1 discloses a top wall 122, wherein the base wall is connected to the wall via the side wall portions (see Fig. 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the housing in embodiments Figs. 12-19 to have top wall as disclosed in Fig. 1 so the top wall may enable attachment of the housing to other components and/or it may function as fastening structure (see para. [0057]).
Further, Wilson fails to expressly teach stop portions are configured in the region of the base wall so as to be conically tapering from the side walls in the direction of the base wall, wherein free ends of the fastening clip, onto which the latching arms are formed, comprise tapering pressure portions in the region of the stop portions.
However, it is the examiner’s position that it would have been obvious matter of design choice to one of ordinary skill in the art before the effective filing date of claimed invention to have modified the shape of the stop portions in Figs. 12-19 in order to retain the fastening clip and the threaded rod within the receiving space comprising a pressure portion in the region of the stop portions making the receiving space tighter.
Regarding claim 5, Wilson teaches and/or make obvious of the fastening apparatus according to claim 4, but fails to expressly teach wherein in a final assembly position, in which the fastening apparatus is caught on a bolt, the pressure portions are arranged so as to be spaced apart from the respective stop portions, and wherein in a stressed final assembly position, in which the fastening apparatus is tension-stressed, the pressure portions abut the stop portions, so that the pressure portions of the fastening clip, due to the tapering design of the stop portions and the pressure portions, act on the latching edges of the latching arms with a pressure force acting in the radial direction inwards in the direction of the receiving space and thus in the direction of a bolt.
However, it is the examiner’s position that Wilson teaches and/or make obvious of the structural limitation of the claim above, and limitations in claim 5 has been considered functional limitation which the structure in Wilson is capable of performing upon the modification established in claim 4.
Regarding claim 6, Wilson teaches and/or make obvious of the fastening apparatus according to claim 4, wherein at the portions of the side wall portions 354, 356 facing the receiving space and arranged adjacent to the stop portions, anti-rotation portions (see windows 360 in Fig. 18) are formed, having anti-rotation elements (see bottom portion of the window 360 in Figs. 18-19) facing in the direction of the receiving space, wherein the fastening clip 300 comprises anti-rotation recesses 340a, 340b in this region, in which the anti-rotation portions are received (see Fig. 19), such that the fastening clip is received in the receiving space of the housing device in a rotation-proof manner (see Fig. 19).
Regarding claim 7, Wilson teaches and/or make obvious of the fastening apparatus according to claim 1, wherein insertion elements (368, see Fig. 19) that taper in the direction of the receiving space are formed on a base wall 362 of the housing device (see Fig. 19) in order to subject the fastening clip to a bias, so that it can be arranged in the receiving space in an assembly position (see para. [0095]).
Regarding claim 8, Wilson teaches and/or make obvious of the fastening apparatus according to claim 1, wherein a bolt receptacle (350a, see Fig. 19) extending in the axial direction and configured in portions so as to be tubular is arranged in the receiving space for guiding and positioning a bolt to be received, wherein the bolt receptacle connects the top wall and the base wall (Wilson meets the limitation as per previously established modification of embodiment shown in Fig. 1 and Figs. 12-19).
Regarding claim 9, Wilson teaches and/or make obvious of the fastening system having a fastening apparatus according to claim 1 and a threaded bolt (see Figs. 2-3) or a bolt having a planar sheath wall.
Regarding claim 10, A method for assembling the fastening apparatus of claim 7, comprising the following steps:
moving the fastening clip orthogonally to the axial direction in the direction of-the
receiving space of the housing device,
compressing free ends of the fastening clip by means of corresponding, the
tapering insertion elements and thereby subjecting the free legs of the fastening clip to the bias,
further sliding the fastening clip in the direction orthogonal to the axial direction,
arranging anti-rotation portions of the housing device in corresponding anti-rotation
recesses of the fastening clip and thereby arranging the fastening clip in the receiving space of
the housing device in a rotation-proof manner.
It is the examiner’s position that the instant method step limitations are considered obvious over the prior art in view of modification and the rejection 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 claim 10, given the structure of the fastening structure, the bolt attachment of Wilson would render the claimed method steps obvious since structural limitations has been met and such method would be a logical manner of using the combination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ortega et al., (US20150107060) teaches a quick fastening device for panels, where a clip part 1 interacts with a pin 2 inserted in the clip (see Figs. 1-8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIL K MAGAR whose telephone number is (571)272-8180. The examiner can normally be reached M-F 7:30-5:30.
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.
/DIL K. MAGAR/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
Prosecution Insights