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 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.
Claims 1-7, 9-16, 19-20 and 23-27 rejected under 35 U.S.C. 112(b) 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. In the claims, the limitation of the stud “cylindrical body” is indefinite because the body as a whole is not cylindrical. As disclosed and as claimed in claims 24-26, the stud body includes two cylindrical portions (22 and 24) separated a conical shaped portion (26) so the meets and bounds of the body as whole being cylindrical is unclear. In claims 1-7 and 9 it is unclear if applicant intends to claim the combination with the stud because while the stud is only introduced as an intended use for the grommet, the applicant argues that it is the interaction of the stud with the grommet which defines over the prior art. And in claim 9, requires a positive engagement. The claims were examined as best understood.
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.
Assuming the first set of claims is intended to be claimed the grommet itself, claims 1-2, 4-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Heimann (US 9,995,331) in view of Kempf (US 2011/0123294). Heimann discloses a grommet (20) fixed in a hole in a panel (B1) and receiving a stud (10), the grommet comprising: a hollow body (22); a flange at an end of the body (32); panel retention fingers (34) pivoted to an outer surface of the body (36) and configured to flex towards the outer surface when the hollow body is inserted in the hole and flex outward from the outer body to engage a bottom surface of the panel; and stud retention fingers (40) pivoted to an inner surface of the body (36) and configured to flex towards the inner wall when a head (12) of the stud is inserted in the grommet and flex away from the inner surface to engage an underside of the head when the head is fully inserted. The grommet is formed as a unitary body; the flange includes openings (33) aligned with the panel retention fingers; there are recesses in the inner and outer surfaces of the body to accommodate the flexing of the fingers (see Figs. 3 and 4); and the hollow body includes guide surfaces (at the entrance to the hollow body as shown in Fig. 4). The stud (10) includes a cylindrical body extending from the head to a hexagonal flange and a threaded shank (14) capable of being threaded into a component (B2). Heimann does not disclose the shape of each stud retention fingers as claimed. Kempf discloses a grommet (15) fixed to a hole (18) having a plurality of retention fingers (29) similar to Heimann but Kempf further shows (see Figs. 1 and 2) each of the retention fingers having a first width extending an across an inner surface at a proximal end, a second width at a juncture of the inner surface and an end surface and a third width at a distal end wherein the second width is smaller than the first and third widths and; each of the retention fingers has a first thickness at the first width, a second thickness at the second width and a third thickness at the third width wherein the second thickness is larger than the first and third thicknesses. Additionally, Kempf discloses a stud (2) wherein the juncture between the inner and end surfaces of each stud retention finger engages the stud (see Fig. 4). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to modify the retention fingers of Heimann to have a shape as disclosed in Kempf because both fingers are for the same purpose of retaining a stud so modifying one with the other would yield the same predictable results.
Since the claims are directed to the grommet, the stud is a recitation of intended use where to reject the claims the prior art only needs to be capable of the intended use. MPEP 2111.02. In the instant case, with a properly shaped stud it would be capable of contacting the inner surface of the hollow body.
Claims 1-2, 4-6, 9-11, 14, 16, 20 and 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over Heimann (US 9,995,331) in view of Kempf (US 2011/0123294) and Meyers (US 10,288,098). Heimann discloses a grommet (20) fixed in a hole in a panel (B1) and receiving a stud (10), the grommet comprising: a hollow body (22); a flange at an end of the body (32); panel retention fingers (34) pivoted to an outer surface of the body (36) and configured to flex towards the outer surface when the hollow body is inserted in the hole and flex outward from the outer body to engage a bottom surface of the panel; and stud retention fingers (40) pivoted to an inner surface of the body (36) and configured to flex towards the inner wall when a head (12) of the stud is inserted in the grommet and flex away from the inner surface to engage an underside of the head when the head is fully inserted. The grommet is formed as a unitary body; the flange includes openings (33) aligned with the panel retention fingers; there are recesses in the inner and outer surfaces of the body to accommodate the flexing of the fingers (see Figs. 3 and 4); and the hollow body includes guide surfaces (at the entrance to the hollow body as shown in Fig. 4). The stud (10) includes a cylindrical body extending from the head to a hexagonal flange and a threaded shank (14) capable of being threaded into a component (B2). Heimann does not disclose the shape of each stud retention fingers as claimed.
Kempf discloses a grommet (15) fixed to a hole (18) having a plurality of retention fingers (29) similar to Heimann but Kempf further shows (see Figs. 1 and 2) each of the retention fingers having a first width extending an across an inner surface at a proximal end, a second width at a juncture of the inner surface and an end surface and a third width at a distal end wherein the second width is smaller than the first and third widths and; each of the retention fingers has a first thickness at the first width, a second thickness at the second width and a third thickness at the third width wherein the second thickness is larger than the first and third thicknesses. Additionally, Kempf discloses a stud (2) wherein the juncture between the inner and end surfaces of each stud retention finger engages the stud (see Fig. 4). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to modify the retention fingers of Heimann to have a shape as disclosed in Kempf because both fingers are for the same purpose of retaining a stud so modifying one with the other would yield the same predictable results.
Heimann in view of Kempf discloses the stud to include a cylindrical body but does not discloses the cylindrical body to engage the inner surface of the hollow body and to include a first portion, a smaller diameter second portion, a third conical portion transitioning between the first and second portion and a conical head. Meyers discloses a stud (24) and grommet (36) assembly wherein, as seen in Fig. 5 as reproduced below, the stud includes first cylindrical portion, smaller diameter a second cylindrical portion and a third conical portion transitioning between the first and second cylindrical portions and a conical head with a base diameter less than the first portion. The first cylindrical portion engages with an inner surface of a of the grommet. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to shape the stud of modified Heimann as disclosed in Meyers where a larger first diameter portion engages with the inner surface of the hollow body because the engagement would provide some stability to the connection between the stud and grommet by having two points of contact.
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Claims 3, 7, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Modified Heimann as applied to claims 1 and 16 above, and further in view of Poe (US 3,988,808). Modified Heimann does not disclose the panel retention fingers have teeth, the stud including a pair of flanges defining a gap, nor the hole extending completely through the grommet. Poe discloses a stud (1) and grommet (15) assembly similar to modified Heimann but wherein panel retention fingers (18) include teeth (19), the stud includes a pair of flanges (4 and 7a) defining a gap (6) receiving a component (13), a head of the stud has a conical shape (12) and the grommet has the hole extending completely through the grommet on the center axis. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the panel retention fingers of modified Heimann with teeth as disclosed in Poe for accommodating panels having various thicknesses. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to replace the stud thread of modified Heimann with a pair of flanges forming a gap as disclosed in Poe in order to capture the component in the gap instead of requiring a threading. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to have the hole extend completely through the grommet of modified Heimann as disclosed in Poe because it would simplify the grommet making it more economical in material and manufacturing.
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over modified Heimann in view of Poe as applied to claims 1, 10-12 and 14 above, and further in view of Flynn (US 9,631,653). Heimann in view of Poe does not disclose the stud flange provide with an umbrella-shaped flange. Flynn discloses a stud (14) and grommet (12) assembly wherein a stud flange includes an umbrella-shaped flange (78) to seal against a panel. Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to provide the stud flange of modified Heimann with an umbrella-shape as disclosed in Flynn for the same purpose of sealing the hole in the panel.
Response to Remarks
Applicant’s remarks have been considered but are moot in light of the new grounds of rejection. The reference to Meyers (US 10,288,098) has been applied to teach a stud body including a cylindrical portion engaging with the inner surface of the grommet as pointed to above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kimura (US 4,176,428) is cited to teach another example of a stud in engagement with an inner surface of a grommet.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675