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 1-4, 6-15, and 17-20 have been amended. Therefore, claims 1-20 remain pending in the application. Applicant’s amendment to the Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed November 19, 2025.
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 12-20 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 12 recites the limitation "the other two" in line 12. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 12 will be read as “an other two of the four anti-rotation portions”.
Claims 13-20 are rejected as being dependent on, and failing to cure the deficiencies, of rejected independent claim 12.
Claim 14 recites the limitation "the third side" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 14 will be read as “a third side”.
Claim 15 recites the limitation "the fourth side" in line 14. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 15 will be read as “a fourth side”.
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) 1-10 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dieckmann et al. (EP1367271A1), hereinafter "Dieckmann", in view of Wakabayashi (US20070065256A1), hereinafter "Wakabayashi".
Regarding claim 1, Dieckmann teaches a fastener (see Fig 1, Paragraph 0015, Examiner notes clamping piece as a fastener) [configured for insertion (see Fig 4) into a through hole (Fig 4, hole 27) of a rectangular shape (see Fig 1, Examiner notes holding part 1 having a square cross-section as the fastener is configured for insertion into a through hole of a rectangular shape) in a first plate (Fig 4, plate 21)], the fastener (see Fig 1) comprising:
a head (Fig 1, abutment 2);
a body (Fig 1, holding part 1) disposed (see Fig 1) below the head (2);
at least two resilient arms (Fig 1, clamping wings 3, 4) disposed (see Fig 1) on opposite first side (see Fig 1, Examiner notes clamping wing 3 on holding part 1 as disposed on opposite first side) and second side (see Fig 1, Examiner notes clamping wing 4 on holding part 1 as a second side) of the body (1), respectively, and connecting (see Fig 1) the first side (see Fig 1) and the second side (see Fig 1) of the body (1) to the head (2), respectively, wherein the body (1) further comprises a third side (see Fig 3, Examiner notes a side of holding part 1 with locking lug 14 as a third side) and a fourth side (see Fig 3, Examiner notes a side of holding part 1 with locking lug 13 as a fourth side) disposed (see Fig 3) oppositely.
Dieckmann fails to teach at least two anti-rotation portions protruding from each of the first side and the second side of the body, respectively, wherein the at least two anti-rotation portions are configured to be located in the through hole when the fastener is inserted into the first plate and mounted in place, and each of the at least two anti-rotation portions mates with two adjacent edges of the through hole to impede rotation of the fastener relative to the first plate, wherein each of the at least two anti-rotation portions comprises: (a) a first planar face extending generally parallel to the third side of the body and a second planar face extending generally perpendicular to the first planar face, the first planar face and the second planar face being arranged substantially at right angles to one another; and (b) the first planar face and the second planar face being dimensioned and positioned to abut adjacent edges of the through hole when the fastener is inserted into the first plate and mounted in place.
However, Wakabayashi teaches at least two anti-rotation portions (see Fig 1A, Examiner notes portions of rib 17 left and right of portion 12 as at least two anti-rotation portions) protruding (see Fig 1A) from the first side (see Fig 1A, Examiner notes an exposed side of portion 12 as the first side) and the second side (see Fig 1A, Examiner notes a side of portion 12 opposite of the exposed side of portion 12, i.e. behind the exposed side of portion 12, as the second side) of the body (Fig 1A, portion 12), respectively, wherein the at least two anti-rotation portions (see Fig 1A) are [configured to be located (see Fig 1C) in the through hole (Fig 1C, hole 31) when the fastener (Fig 1A, clip 10) is inserted (see Fig 1C) into the first plate (Fig 1C, member 30) and mounted (see Fig 1C) in place (see Fig 1C), and each (see Fig 1A) of the at least two anti-rotation portions (see Fig 1A) mates (see Fig 1C) with two adjacent edges (see Figs 1A and 1C) of the through hole (31) to impede rotation (see Fig 1C, Paragraphs 0035-0036, Examiner notes ribs 17 butt against the other side portion of the inner periphery of the rectangular hole 31, so that the clip 10 is attached to the rectangular hole 31 in a rattle-free condition as to impede rotation) of the fastener (10) relative to the first plate (30)], wherein each (see Fig 1A) of the at least two anti-rotation portions (see Fig 1A) comprises: (a) a first planar face (see Fig 1A, Examiner notes a face of the portions of rib 17 left and right of portion 12 as a first planar face) extending (see Fig 1A) generally parallel (see Fig 1A) to the third side (see Fig 1A, Examiner notes a side of clip 10 having rib 17 as the third side) of the body (12) and a second planar face (see Fig 1A, Examiner notes a side face extending perpendicular to the face of the portions of rib 17 left and right of portion 12 as a second planar face) extending (see Fig 1A) generally perpendicular (see Fig 1A) to the first planar face (see Fig 1A), the first planar face (see Fig 1A) and the second planar face (see Fig 1A) being arranged (see Fig 1A) substantially at right angles (see Fig 1A) to one another (see Fig 1A); and (b) the first planar face (see Fig 1A) and the second planar face (see Fig 1A) being dimensioned (see Fig 1A) and positioned (see Fig 1A) to [abut (see Fig 1C) adjacent edges (see Figs 1A and 1C) of the through hole (31) when the fastener (10) is inserted (see Fig 1C) into the first plate (30) and mounted (see Fig 1C) in place (see Fig 1C)].
Therefore, as evidenced by Wakabayashi, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine adequately sized, shaped, and positioned at least two anti-rotation portions as taught by Wakabayashi to Dieckmann. The rationale for supporting this conclusion of obviousness is to facilitate attaching to the hole in a rattle-free condition (Wakabayashi, Paragraph 0036).
Dieckmann, in view of Wakabayashi fails to teach at least two anti-rotation portions protruding from each of the first side and the second side of the body, respectively.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the at least two anti-rotation portions of modified Dieckmann to protrude from each of the first side and the second side of the body, respectively, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI)(B). The rationale for supporting this conclusion of obviousness is to facilitate improving the rattle-free condition of the fastener for use with plates having varying hole sizes and thicknesses.
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 fastener, 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 combination of the clamping piece of Dieckmann and the clip of Wakabayashi, 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 Dieckmann teaches the fastener (see Fig 1) according to claim 1 and further teaches wherein:
a first planar face (Wakabayashi, see Fig 1A, Examiner notes a face of the portion of rib 17 left of portion 12 as a first planar face) of a first anti-rotation portion (Wakabayashi, see Fig 1A, Examiner notes the portion of rib 17 left of portion 12 as a first anti-rotation portion) and a first planar face (Wakabayashi, see Fig 1A, Examiner notes a face of the portion of rib 17 right of portion 12 as a first planar face) of a second anti-rotation portion (Wakabayashi, see Fig 1A, Examiner notes the portion of rib 17 right of portion 12 as a second anti-rotation portion) [mate (Wakabayashi, see Fig 1C) with one edge (Wakabayashi, see Fig 1C) of the through hole (27)].
Regarding claim 3, modified Dieckmann teaches the fastener (see Fig 1) according to claim 2 and further teaches wherein:
the third side (see Fig 3) of the body (1), the first planar face (Wakabayashi, see Fig 1A) of the first anti-rotation portion (Wakabayashi, see Fig 1A), and the first planar face (Wakabayashi, see Fig 1A) of the second anti-rotation portion (Wakabayashi, see Fig 1A) [mate (Wakabayashi, see Fig 1C) with one edge (Wakabayashi, see Fig 1C) of the through hole (27)].
Regarding claim 4, modified Dieckmann teaches the fastener (see Fig 1) according to claim 3 and further teaches wherein:
the first anti-rotation portion (Wakabayashi, see Fig 1A) further comprises a second planar face (Wakabayashi, see Fig 1A, Examiner notes a side of the portion of rib 17 left of portion 12 extending parallel with portion 12 as comprises a second planar face), and the second anti-rotation portion (Wakabayashi, see Fig 1A) further comprises a second planar face (Wakabayashi, see Fig 1A, Examiner notes a side of the portion of rib 17 right of portion 12 extending parallel with portion 12 as comprises a second planar face);
the first planar face (Wakabayashi, see Fig 1A) and the second planar face (Wakabayashi, see Fig 1A) of the first anti-rotation portion (Wakabayashi, see Fig 1A) [mate (Wakabayashi, see Fig 1C) with two adjacent edges (Wakabayashi, see Fig 1C) of one corner (Wakabayashi, see Fig 1C) of the through hole (27) when the fastener (see Fig 1) is inserted (see Fig 4) into the first plate (21) and mounted (see Fig 4; Wakabayashi, see Fig 1C) in place (see Fig 4; Wakabayashi, see Fig 1C), and the first planar face (Wakabayashi, see Fig 1A) and the second planar face (Wakabayashi, see Fig 1A) of the second anti-rotation portion (Wakabayashi, see Fig 1A) mate (Wakabayashi, see Fig 1C) with two adjacent edges (Wakabayashi, see Fig 1C) of another corner (Wakabayashi, see Fig 1C) of the through hole (27)]; and
a distance (Wakabayashi, see Fig 1A) between the second planar face (Wakabayashi, see Fig 1A) of the first anti-rotation portion (Wakabayashi, see Fig 1A) and the second planar face (Wakabayashi, see Fig 1A) of the second anti-rotation portion (Wakabayashi, see Fig 1A) is not less (see Fig 3; Wakabayashi, see Fig 1A) than a distance (see Fig 3) between the third side (see Fig 3) and the fourth side (see Fig 3) of the body (1).
Regarding claim 5, modified Dieckmann teaches the fastener (see Fig 1) according to claim 1 and further teaches wherein:
proximal ends (see Fig 1) of the at least two resilient arms (3, 4) are connected (see Fig 1) to the first side (see Fig 1) and the second side (see Fig 1) of the body (1), respectively, and distal ends (see Fig 1) of the at least two resilient arms (3, 4) are connected (see Fig 1) to the head (2); and
the at least two anti-rotation portions (Wakabayashi, see Fig 1A) are located (Wakabayashi, see Fig 1A) outside distal ends (see Fig 1) of the at least two resilient arms (3, 4) on respective sides (see Fig 1; Wakabayashi, see Fig 1A).
Regarding claim 6, modified Dieckmann teaches the fastener (see Fig 1) according to claim 1 and further teaches wherein:
the head (2) is provided with a hollow portion (Fig 1, opening 19) extending (see Fig 1) through the head (2); and
the body (1) is movable (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) relative to the head (2) to enter (see Fig 6, Paragraphs 0017 and 0022-0023) the hollow portion (19).
Regarding claim 7, modified Dieckmann teaches the fastener (see Fig 1) according to claim 6 and further teaches wherein:
the body (1) has a pre-mounting position (see Fig 1) and a mounting position (see Fig 6) and is movable (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) between the pre-mounting position (see Fig 1) and the mounting position (see Fig 6); and
when the body (1) is in the pre-mounting position (see Fig 1), a top surface (Fig 1, surface 20) of the body (1) is spaced (see Figs 1-3) a predetermined distance (see Figs 1-3) from a top surface (see Fig 1) of the head (2), and when the body (1) is in the mounting position (see Fig 6), the top surface (20) of the body (1) is flush (see Fig 6, Paragraphs 0017 and 0022-0023) with the top surface (see Fig 1) of the head (2) and [is able to abut (see Fig 6) a second plate (Fig 6, component 29)].
Regarding claim 8, modified Dieckmann teaches the fastener (see Fig 1) according to claim 7 and further teaches wherein:
the body (1) is provided with a connecting hole (Fig 1, bore 26) recessed (see Figs 1 and 3) downward from an upper surface (see Figs 1 and 3, Examiner notes surface 20 as an upper surface) of the body (1), and an inner surface (see Figs 1 and 3) of the connecting hole (26) is provided with internal threads (see Fig 6, Paragraphs 0019 and 0023) [for mating (see Fig 6, Paragraphs 0019 and 0023) with external threads (see Fig 6, Paragraphs 0019 and 0023) on a connecting member (see Fig 6, Paragraphs 0019 and 0023)].
Regarding claim 9, modified Dieckmann teaches the fastener (see Fig 1) according to claim 8 and further teaches wherein:
the at least two resilient arms (3, 4) are [configured such that, as mating (see Fig 6, Paragraphs 0019 and 0023) of the external threads (see Fig 6, Paragraphs 0019 and 0023) and the internal threads (see Fig 6, Paragraphs 0019 and 0023) drives (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) the body (1) from the pre-mounting position (see Fig 1) to the mounting position (see Fig 6), the body (1) enters (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) the hollow portion (19)].
Regarding claim 10, modified Dieckmann teaches the fastener (see Fig 1) according to claim 7 and further teaches wherein:
a clamping portion (Fig 1, legs 5, 7) is provided (see Fig 1) on each of the at least two resilient arms (3, 4); and
when the body (1) moves (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) from the pre-mounting position (see Fig 1) to the mounting position (see Fig 6), the at least two resilient arms (3, 4) deform (see Figs 1 and 4-6, Paragraphs 0015 and 0023) and the clamping portion (5, 7) [clamps (see Fig 6, Paragraphs 0022-0023) the first plate (21) together with the head (2)].
Regarding claim 12, Dieckmann teaches a fastener (see Fig 1, Paragraph 0015, Examiner notes clamping piece as a fastener) [configured for insertion (see Fig 4) into a rectangular through hole (Fig 4, hole 27, Examiner notes holding part 1 having a square cross-section as a rectangular through hole) in a first plate (Fig 4, plate 21)], the fastener (see Fig 1) comprising:
a head (Fig 1, abutment 2);
a body (Fig 1, holding part 1) disposed (see Fig 1) below the head (2);
two resilient arms (Fig 1, clamping wings 3, 4) disposed (see Fig 1) on opposite first (see Fig 1, Examiner notes clamping wing 3 on holding part 1 as disposed on opposite first side) and second sides (see Fig 1, Examiner notes clamping wing 4 on holding part 1 as a second side) of the body (1), respectively, and connecting (see Fig 1) the first side (see Fig 1) and the second side (see Fig 1) of the body (1) to the head (2), respectively.
Dieckmann fails to teach four anti-rotation portions protruding from the first and second sides of the body, wherein two of the four anti-rotation portions protrude from the first side of the body, and the other two protrude from the second side of the body, wherein the four anti-rotation portions are configured to be located in the through hole when the fastener is inserted into the first plate and mounted in place, and each of the four anti-rotation portions mates with two adjacent edges of the through hole to impede rotation of the fastener relative to the first plate, and wherein each of the four anti-rotation portions comprises: (a) a first planar face extending generally parallel to a corresponding side of the body and a second planar face extending generally perpendicular to the first planar face, the first and second planar faces being arranged substantially at right angles to one another; and (b) the first planar face and the second planar face being dimensioned and positioned to simultaneously abut two adjacent, perpendicular edges of the through hole when the fastener is inserted into the first plate and mounted in place.
However, Wakabayashi teaches two anti-rotation portions (see Fig 1A, Examiner notes portions of rib 17 left and right of portion 12 as two anti-rotation portions) protruding (see Fig 1A) from the first (see Fig 1A, Examiner notes an exposed side of portion 12 as the first side) and second sides (see Fig 1A, Examiner notes a side of portion 12 opposite of the exposed side of portion 12, i.e. behind the exposed side of portion 12, as the second side) of the body (Fig 1A, portion 12), wherein one (see Fig 1A) of the two anti-rotation portions (see Fig 1A) protrude (see Fig 1A) from the first side (see Fig 1A) of the body (12), and the other one (see Fig 1A) protrude (see Fig 1A) from the second side (see Fig 1A) of the body (12), wherein the two anti-rotation portions (see Fig 1A) are [configured to be located (see Fig 1C) in the through hole (Fig 1C, hole 31) when the fastener (Fig 1A, clip 10) is inserted (see Fig 1C) into the first plate (Fig 1C, member 30) and mounted (see Fig 1C) in place (see Fig 1C), and each (see Fig 1A) of the two anti-rotation portions (see Fig 1A) mates (see Fig 1C) with two adjacent edges (see Figs 1A and 1C) of the through hole (31) to impede rotation (see Fig 1C, Paragraphs 0035-0036, Examiner notes ribs 17 butt against the other side portion of the inner periphery of the rectangular hole 31, so that the clip 10 is attached to the rectangular hole 31 in a rattle-free condition as to impede rotation) of the fastener (10) relative to the first plate (30)], and wherein each (see Fig 1A) of the two anti-rotation portions (see Fig 1A) comprises: (a) a first planar face (see Fig 1A, Examiner notes a face of the portions of rib 17 left and right of portion 12 as a first planar face) extending (see Fig 1A) generally parallel (see Fig 1A) to a corresponding side (see Fig 1A) of the body (12) and a second planar face (see Fig 1A, Examiner notes a side face extending perpendicular to the face of the portions of rib 17 left and right of portion 12 as a second planar face) extending (see Fig 1A) generally perpendicular (see Fig 1A) to the first planar face (see Fig 1A), the first (see Fig 1A) and second planar faces (see Fig 1A) being arranged (see Fig 1A) substantially at right angles (see Fig 1A) to one another (see Fig 1A); and (b) the first planar face (see Fig 1A) and the second planar face (see Fig 1A) being dimensioned (see Fig 1A) and positioned (see Fig 1A) to [simultaneously abut (see Fig 1C) two adjacent, perpendicular edges (see Fig 1C) of the through hole (31) when the fastener (10) is inserted (see Fig 1C) into the first plate (30) and mounted (see Fig 1C) in place (see Fig 1C)].
Therefore, as evidenced by Wakabayashi, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine adequately sized, shaped, and positioned two anti-rotation portions as taught by Wakabayashi to Dieckmann. The rationale for supporting this conclusion of obviousness is to facilitate attaching to the hole in a rattle-free condition (Wakabayashi, Paragraph 0036).
Dieckmann, in view of Wakabayashi fails to teach four anti-rotation portions protruding from the first and second sides of the body, wherein two of the four anti-rotation portions protrude from the first side of the body, and the other two protrude from the second side of the body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to duplicate the two anti-rotation portions of modified Dieckmann to be four anti-rotation portions protruding from the first and second sides of the body, wherein two of the four anti-rotation portions protrude from the first side of the body, and the other two protrude from the second side of the body, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI)(B). The rationale for supporting this conclusion of obviousness is to facilitate improving the rattle-free condition of the fastener for use with plates having varying hole sizes and thicknesses.
Regarding claim 13, modified Dieckmann teaches the fastener (see Fig 1) according to claim 12 and further teaches wherein:
a first planar face (Wakabayashi, see Fig 1A, Examiner notes a face of the portion of rib 17 left of portion 12 as a first planar face) of a first anti-rotation portion (Wakabayashi, see Fig 1A, Examiner notes the portion of rib 17 left of portion 12 as a first anti-rotation portion) and a first planar face (Wakabayashi, see Fig 1A, Examiner notes a face of the portion of rib 17 right of portion 12 as a first planar face) of a second anti-rotation portion (Wakabayashi, see Fig 1A, Examiner notes the portion of rib 17 right of portion 12 as a second anti-rotation portion) [mate (Wakabayashi, see Fig 1C) with one edge (Wakabayashi, see Fig 1C) of the through hole (27)].
Regarding claim 14, modified Dieckmann teaches the fastener (see Fig 1) according to claim 13 and further teaches wherein:
the third side (see Fig 3, Examiner notes a side of holding part 1 with locking lug 14 as the third side) of the body (1), the first planar face (Wakabayashi, see Fig 1A) of the first anti-rotation portion (Wakabayashi, see Fig 1A), and the first planar face (Wakabayashi, see Fig 1A) of the second anti-rotation portion (Wakabayashi, see Fig 1A) [mate (Wakabayashi, see Fig 1C) with one edge (Wakabayashi, see Fig 1C) of the through hole (27)].
Regarding claim 15, modified Dieckmann teaches the fastener (see Fig 1) according to claim 14 and further teaches wherein:
the first anti-rotation portion (Wakabayashi, see Fig 1A) further comprises a second planar face (Wakabayashi, see Fig 1A, Examiner notes a side of the portion of rib 17 left of portion 12 extending parallel with portion 12 as comprises a second planar face), and the second anti-rotation portion (Wakabayashi, see Fig 1A) further comprises a second planar face (Wakabayashi, see Fig 1A, Examiner notes a side of the portion of rib 17 right of portion 12 extending parallel with portion 12 as comprises a second planar face);
the first planar face (Wakabayashi, see Fig 1A) and the second planar face (Wakabayashi, see Fig 1A) of the first anti-rotation portion (Wakabayashi, see Fig 1A) [mate (Wakabayashi, see Fig 1C) with two adjacent edges (Wakabayashi, see Fig 1C) of one corner (Wakabayashi, see Fig 1C) of the through hole (27) when the fastener (see Fig 1) is inserted (see Fig 4) into the first plate (21) and mounted (see Fig 4; Wakabayashi, see Fig 1C) in place (see Fig 4; Wakabayashi, see Fig 1C), and the first planar face (Wakabayashi, see Fig 1A) and the second planar face (Wakabayashi, see Fig 1A) of the second anti-rotation portion (Wakabayashi, see Fig 1A) mate (Wakabayashi, see Fig 1C) with two adjacent edges (Wakabayashi, see Fig 1C) of another corner (Wakabayashi, see Fig 1C) of the first through hole (27)]; and
a distance (Wakabayashi, see Fig 1A) between the second planar face (Wakabayashi, see Fig 1A) of the first anti-rotation portion (Wakabayashi, see Fig 1A) and the second planar face (Wakabayashi, see Fig 1A) of the second anti-rotation portion (Wakabayashi, see Fig 1A) is not less (see Fig 3; Wakabayashi, see Fig 1A) than a distance (see Fig 3) between the third side (see Fig 3) and the fourth side (see Fig 3, Examiner notes a side of holding part 1 with locking lug 13 as the fourth side) of the body (1).
Regarding claim 16, modified Dieckmann teaches the fastener (see Fig 1) according to claim 12 and further teaches wherein:
proximal ends (see Fig 1) of the two resilient arms (3, 4) are connected (see Fig 1) to the first side (see Fig 1) and the second side (see Fig 1) of the body (1), respectively, and distal ends (see Fig 1) of the two resilient arms (3, 4) are connected (see Fig 1) to the head (2); and
the four anti-rotation portions (Wakabayashi, see Fig 1A) are located (Wakabayashi, see Fig 1A) outside distal ends (see Fig 1) of the two resilient arms (3, 4) on respective sides (see Fig 1; Wakabayashi, see Fig 1A).
Regarding claim 17, modified Dieckmann teaches the fastener (see Fig 1) according to claim 12 and further teaches wherein:
the head (2) is provided with a hollow portion (Fig 1, opening 19) extending (see Fig 1) through the head (2); and
the body (1) is movable (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) relative to the head (2) to enter (see Fig 6, Paragraphs 0017 and 0022-0023) the hollow portion (19).
Regarding claim 18, modified Dieckmann teaches the fastener (see Fig 1) according to claim 17 and further teaches wherein:
the body (1) has a pre-mounting position (see Fig 1) and a mounting position (see Fig 6) and is movable (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) between the pre-mounting position (see Fig 1) and the mounting position (see Fig 6); and
when the body (1) in the pre-mounting position (see Fig 1), a top surface (Fig 1, surface 20) of the body (1) is spaced (see Figs 1-3) a predetermined distance (see Figs 1-3) from a top surface (see Fig 1) of the head (2), and when the body (1) is in the mounting position (see Fig 6), the top surface (20) of the body (1) is flush (see Fig 6, Paragraphs 0017 and 0022-0023) with the top surface (see Fig 1) of the head (2) and [is able to abut (see Fig 6) a second plate (Fig 6, component 29)].
Regarding claim 19, modified Dieckmann teaches the fastener (see Fig 1) according to claim 18 and further teaches wherein:
the body (1) is provided with a connecting hole (Fig 1, bore 26) recessed (see Figs 1 and 3) downward from an upper surface (see Figs 1 and 3, Examiner notes surface 20 as an upper surface) of the body (1), and an inner surface (see Figs 1 and 3) of the connecting hole (26) is provided with internal threads (see Fig 6, Paragraphs 0019 and 0023) [for mating (see Fig 6, Paragraphs 0019 and 0023) with external threads (see Fig 6, Paragraphs 0019 and 0023) on a connecting member (see Fig 6, Paragraphs 0019 and 0023)].
Regarding claim 20, modified Dieckmann teaches the fastener (see Fig 1) according to claim 19 and further teaches wherein:
the two resilient arms (3, 4) are [configured such that, as mating (see Fig 6, Paragraphs 0019 and 0023) of the external threads (see Fig 6, Paragraphs 0019 and 0023) and the internal threads (see Fig 6, Paragraphs 0019 and 0023) drives (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) the body (1) from the pre-mounting position (see Fig 1) to the mounting position (see Fig 6), the body (1) enters (see Figs 1 and 4-6, Paragraphs 0017 and 0022-0023) the hollow portion (19)].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dieckmann, in view of Wakabayashi and Kuhm et al. (US20130101370A1), hereinafter "Kuhm".
Regarding claim 11, modified Dieckmann teaches the fastener (see Fig 1) according to claim 10 but fails to teach wherein: the clamping portion comprises a plurality of steps provided on an outer surface of each of the at least two resilient arms.
However, Kuhm teaches the clamping portion (see Fig 1, Paragraph 0026, Examiner notes tabs 8 axially engaging the underside of the plate to hold the attachment device captive in the hole as the clamping portion) comprises a plurality of steps (Fig 1, teeth 20) provided on an outer surface (Fig 1, front face 16) of each (see Fig 1) of the at least two resilient arms (Fig 1, tabs 8).
Therefore, as evidenced by Kuhm, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine adequately sized, shaped, and positioned plurality of steps as taught by Kuhm to modified Dieckmann. The rationale for supporting this conclusion of obviousness is to facilitate improving engagement between the fastener and the plate, i.e. providing a reliable locking (Kuhm, Paragraphs 0052 and 0058-0059).
Response to Arguments
Applicant's arguments filed February 19, 2026 have been fully considered but they are not persuasive. With respect to Pg 11 of Applicant’s Remarks filed February 19, 2026, Applicant argues that none of the cited references disclose or suggest anti-rotation portions having this configuration that engages two adjacent edges of a rectangular hole, specifically, Applicant argues that Wakabayashi discloses a “stem portion 12” and a “rib 17” that are structurally distinct from the claimed anti-rotation portion. The Examiner respectfully disagrees and as set forth above, Wakabayashi teaches a first planar face (see Fig 1A, Examiner notes a face of the portions of rib 17 left and right of portion 12 as a first planar face) extending (see Fig 1A) generally parallel (see Fig 1A) to a side (see Fig 1A) of the body (Fig 1A, portion 12); a second planar face (see Fig 1A, Examiner notes a side face extending perpendicular to the face of the portions of rib 17 left and right of portion 12 as a second planar face) extending (see Fig 1A) generally perpendicular (see Fig 1A) to the first planar face (see Fig 1A); the two planar faces (see Fig 1A) arranged (see Fig 1A) substantially at right angles (see Fig 1A); and the planar faces (see Fig 1A) dimensioned and positioned to abut (see Fig 1C) two adjacent edges (see Fig 1C) of the rectangular through hole (Fig 1C, hole 31) when mounted (see Fig 1C).
With respect to Pg 11 of Applicant’s Remarks, Applicant argues that the “stem portion 12” and a “rib 17” are positioned on only one side, not “at least two anti-rotation protrusions protruding from each of the first side and the second side” as claimed. The Examiner respectfully disagrees as set forth above.
With respect to Pg 12 of Applicant’s Remarks, Applicant argues that the cited references do not teach anti-rotation portions comprising two planar faces arranged at right angles and dimensioned to abut adjacent edges of the opening. The Examiner respectfully disagrees as set forth above and further, in response to Applicant's argument that the cited references do not teach anti-rotation portions comprising two planar faces arranged at right angles and dimensioned to abut adjacent edges of the opening, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
With respect to Pg 12 of Applicant’s Remarks, Applicant argues that there is no teaching or suggestion in the cited art that would motivate modifying Dieckmann to include the claimed perpendicular planar-face corner-engaging structure and the Examiner’s combination would require impermissible hindsight reconstruction of Applicant’s claimed geometry. The Examiner respectfully disagrees and in response to Applicant's argument that the Examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Further, the Examiner respectfully notes that Dieckmann in Paragraph 0002 and Wakabayashi in Paragraph 0002 discuss attaching components to vehicles.
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
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