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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 27, 2026 has been entered.
Response to Amendment
Claims 1, 9-10, and 17-19 have been amended. Therefore, claims 1-3 and 5-20 remain pending in the application. Applicant’s amendments to the Drawings and Claims have overcome a majority of objections and the 112(d) rejection previously set forth in the Final Office Action mailed September 11, 2025. An unaddressed drawing objection is maintained and is as set forth below.
Drawings
The drawings are objected to because reference characters 14 and 16 in Fig 5 are unclear as reference characters 14 and 16 appears to be directed towards workpiece 20. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features of the "ribs are unequally spaced apart under the head" in claim 6, "wherein said at least two curved sections defined by different radii are tangentially connected to one another" in claim 9, and "wherein said at least two curved sections are tangentially connected to one another" in claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9 and 17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 9 and 17, the amended claim limitations in lines 4-6 of “and wherein said at least two curved sections defined by different radii are tangentially connected to one another” and lines 18-19 of “wherein said at least two curved sections are tangentially connected to one another”, respectively, appears to be directed to subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s) at the time the application was filed, had possession of the claimed invention.
With respect to Paragraphs 0066-0068 of Applicant’s originally filed Specification, Applicant provides that “...another section extends from point B to point C (defined as vector Vbc) as shown in Fig 11, and is substantially flat or straight (or may be provided as being arcuate)”, “Arc R1 and Vbc are tangent at point B”, and “...point C has a linear relationship to point B...”. Accordingly, the subject matter in claims 9 and 17 of “and wherein said at least two curved sections defined by different radii are tangentially connected to one another” and “wherein said at least two curved sections are tangentially connected to one another”, respectively does not appear to be described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s) at the time the application was filed, had possession of the claimed invention as recited in claims 9 and 17. For the purpose of examination, claims 9 and 17 will be examined as “and wherein said at least two curved sections defined by different radii are connected to one another” and “wherein said at least two curved sections are connected to one another”, respectively.
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 1-3 and 5-20 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.
Regarding claim 1, line 14, the limitation of “an outer end” is unclear and renders the claim indefinite. Specifically, it is unclear whether the second instance of “an outer end” in line 14 is the same or different as the first instance of “an outer end” in line 11. For the purpose of examination, claim 1 will be examined as best understood.
Claims 2-3 recites the limitation "at least two of the sections" in lines 1 and 1-2, respectively. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claims 2-3 will be read as “at least two of the multiple sections”.
Regarding claim 9, lines 4-6, the limitation of “and wherein said at least two curved sections defined by different radii are tangentially connected to one another” is unclear and renders the claim indefinite. Specifically, Applicant’s Drawings do not appear to show “and wherein said at least two curved sections defined by different radii are tangentially connected to one another” but rather the at least two curved sections are connected to one another by vector Vbc. For the purpose of examination, claim 9 will be read as “and wherein said at least two curved sections defined by different radii are connected to one another”.
Claim 10 recites the limitation "said at least one curved section" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 10 will be read as “said at least one section that is curved”.
Regarding claim 17, lines 18-19, the limitation of “wherein said at least two curved sections are tangentially connected to one another” is unclear and renders the claim indefinite. Specifically, Applicant’s Drawings do not appear to show “wherein said at least two curved sections are tangentially connected to one another” but rather the at least two curved sections are connected to one another by vector Vbc. For the purpose of examination, claim 17 will be read as “wherein said at least two curved sections are connected to one another”.
Claim 19 recites the limitation "the sidewall" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 19 will be read as “a sidewall”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. With respect to claim 18, lines 1-3, the limitations of “wherein each of the ribs diminish in height as each of the ribs extends in a direction going from the central axis of the clinch fastener to the outer periphery of the head of the clinch fastener” does not appear to further limit the subject matter of the claim upon which it depends. Specifically, claim 17, lines 9-11, in which claim 18 depends from, recites “wherein each of the plurality of ribs diminish in height as each of the ribs extends radially outward in a direction going from the central axis of the clinch fastener to the outer periphery of the head of the clinch fastener”. Accordingly, claim 18 does not appear to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1-3 and 5-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Osborn et al. (US20140003883A1), hereinafter "Osborn", in view of Ernest (USD219953S), hereinafter "Ernest".
Regarding claim 1, as best understood, Osborn teaches a clinch fastener (Fig 4, self-clinching fastener 30, Paragraph 0057) for installation relative to a workpiece (Paragraph 0054, Osborn indicates for installation into a pre-formed hole in a component or member), the clinch fastener (30) comprising:
a shaft (Fig 4, shank portion 32) defining a central axis (see Fig 4) of the clinch fastener (30);
a head (Fig 4, head portion 34) cooperating (see Fig 4) with the shaft (32), the head (34) having an outer periphery (see Figs 4-6, Paragraph 0054, Examiner notes a radius of the head portion 34 as an outer periphery);
a plurality of ribs (Figs 4-6, lands 36, Paragraph 0054) disposed (see Figs 4-6, Paragraph 0054) under the head (34) to engage (Paragraph 0054) the workpiece (Paragraph 0054) upon installation (Paragraph 0054) of the clinch fastener (30) to the workpiece (Paragraph 0054), the plurality of ribs (36) extending radially outward (see Figs 4-6, Paragraph 0054) in a direction (see Figs 4-6) from a displacement collar (see Figs 5-6, Paragraph 0057, Examiner notes annular surface 54 on the underside of the head portion between the shank 32 and the lands 36 as a displacement collar) positioned (see Figs 4-6) proximate the central axis (see Fig 4) of the clinch fastener (30) to the outer periphery (see Figs 4-6) of the head (34), wherein each of the plurality of ribs (36) includes multiple sections (see Figs 4 and 6, Examiner notes land 36 includes multiple sections, i.e. first horizontal section extending perpendicular to a longitudinal axis of fastener 30, followed by a second radiused section, followed by a third vertical section parallel to the longitudinal axis of fastener 30, and followed by a fourth radiused section) forming at least a sidewall (Figs 4-6 and 15, sides 48 and 50, Paragraph 0065) and a parametric profile (see Fig 6, Examiner notes the first horizontal section, second radiused section, third vertical section, and fourth radiused section of land 36 as a parametric profile) for each rib (36), including:
at least a first section (see Figs 4 and 6, Examiner notes the first horizontal section of land 36 extending perpendicular to the longitudinal axis of fastener 30 as a first section) disposed (see Figs 4-6) proximate the displacement collar (see Figs 5-6) extending perpendicular (see Figs 4-6) to the central axis (see Fig 4) and an outer end (see Figs 4 and 6, Examiner notes the third vertical section and fourth radiused section of land 36 as an outer end) adjacent (see Fig 6) the outer periphery (see Figs 4-6) of the head (34),
at least two curved sections (see Figs 4 and 6, Examiner notes the second radiused section and fourth radiused section as at least two curved sections) each defined by a different radius (see Figs 4 and 6, Examiner notes the second radiused section and fourth radiused section having nonconcentric center points as each defined by a different radius), wherein a first curved section (see Figs 4 and 6, Examiner notes the second radiused section as a first curved section) extends (see Figs 4 and 6) from said first section (see Figs 4 and 6) and is defined by a first radius (see Figs 4-6, Examiner notes a radius of the second radiused section as defined by a first radius), and wherein a second curved section (see Figs 4 and 6, Examiner notes the fourth radiused section as a second curved section) extends (see Figs 4 and 6) toward an outer end (see Figs 4 and 6, Examiner notes the fourth radiused section of land 36 as an outer end) of the rib (36) and is defined by a second radius (see Figs 4-6, Examiner notes a radius of the fourth radiused section as defined by a second radius) different (see Figs 4-6, Examiner notes the radius of the second radiused section and the radius of the fourth radiused section having nonconcentric center points as different) from said first radius (see Figs 4 and 6), wherein said at least two curved sections (see Figs 4 and 6) are connected to one another (see Figs 4 and 6, Examiner notes the second radiused section connected to the fourth radiused section by the third vertical section as are connected to one another),
a retaining ring (Fig 4, retaining collar 46) cooperating (see Fig 4) with the shaft (32); and
a retaining groove (Fig 6, annular engagement groove 44) cooperating (see Fig 6) with the shaft (32) positioned (see Fig 6) between the displacement collar (see Figs 5-6) and retaining ring (46),
wherein the plurality of ribs (36) and displacement collar (see Figs 5-6) are configured to radially displace (capable of radially displacing, i.e. this is a functional recitation; Paragraph 0056, Examiner notes material displaced as configured to radially displace) workpiece material (Paragraph 0054) into (Paragraph 0056) the retaining groove (44) and diffuse (capable of diffusing, i.e. this is a functional recitation; Paragraph 0056, Examiner notes relieve material as diffuse) stress within the workpiece material (Paragraph 0054) when the clinch fastener (30) is secured (Paragraph 0059) to the workpiece (Paragraph 0054).
Osborn fails to teach wherein each of the ribs diminish in height as each of the ribs extends radially outward in a direction going from the displacement collar at the central axis of the clinch fastener to the outer periphery of the head of the clinch fastener.
However, Ernest teaches it is known to provide wherein each of the ribs (see Figs 2-4, Examiner notes ribs adjacent the head of the stud as ribs) diminish (see Fig 1) in height (see Fig 1, Examiner notes a height of the ribs adjacent the head of the stud as a height) as each of the ribs (see Figs 2-4) extends (see Figs 2-4) radially outward (see Figs 2-4) in a direction (see Figs 2-4) going from the displacement collar (see Figs 2-4, Examiner notes a collar in which the ribs adjacent the head of the stud extend from as the displacement collar) at the central axis (see Figs 2-4) of the clinch fastener (see Figs 2-4) to the outer periphery (see Figs 2-4) of the head (see Figs 2-4, Examiner notes the head of the stud as the head) of the clinch fastener (see Figs 2-4).
Therefore, as evidenced by Ernest, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adequately size and shape each of the ribs of Osborn to diminish in height as each of the ribs extends radially outward in a direction going from the displacement collar at the central axis of the clinch fastener to the outer periphery of the head of the clinch fastener as taught by Ernest. The rationale for supporting this conclusion of obviousness is to provide a rib shape based on application and use requirements, e.g. facilitating use in differing materials, varying load requirements, ease of assembly, etc.
Regarding claim 2, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein at least two (see Figs 4 and 6) of the sections (see Figs 4 and 6) are defined by different radii or a plurality of line segments (see Figs 4 and 6, Examiner notes the first horizontal section, the second radiused section, the third vertical section, and the fourth radiused section as defined by different radii or a plurality of line segments).
Regarding claim 3, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein at least two (see Figs 4 and 6) of the sections (see Figs 4 and 6) are generally linear (see Figs 4 and 6, Examiner notes the first horizontal section and third vertical section as are generally linear), and at least one (see Figs 4 and 6) is parallel (see Figs 4 and 6, Examiner notes the first horizontal section as is parallel) to the head (34).
Regarding claim 5, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein the ribs (36) are equally spaced apart (see Fig 5, Paragraph 0060) under the head (34).
Regarding claim 6, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 but fails to teach wherein the ribs are unequally spaced apart under the head.
However, Osborn in Paragraph 0060, teaches it is known to provide wherein the ribs are unequally spaced apart under the head (Paragraph 0060, Osborn indicates the lands may be spaced in groups, or may be positioned at intervals that are not evenly spaced; Osborn further indicates the lands may be positioned around the shank in an asymmetrical arrangement).
Therefore, as evidenced by Osborn in Paragraph 0060, 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 ribs of modified Osborn to be unequally spaced apart under the head as taught by Osborn in Paragraph 0060. The rationale for supporting this conclusion of obviousness is to facilitate rib positioning based on application and use requirements, e.g. reducing manufacturing complexity, optimizing fastener rotation resistance for different torque applications, etc.
Regarding claim 7, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein the retaining groove (44) is positioned (see Figs 4 and 6) proximate the plurality of ribs (36) under the head (34), and includes an annular recess (Fig 6, inner groove surface 45) proximate the ribs (36), disposed (see Figs 4 and 6) between the head (34) and the shaft (32).
Regarding claim 8, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 but fails to teach wherein the clinch fastener comprises a nut having a threaded bore.
However, Osborn in Paragraph 0074, teaches it is known to provide wherein the clinch fastener comprises a nut having a threaded bore (see Figs 29-32, Paragraph 0074, Osborn indicates the present self-clinching fastener retaining features may also be applied to a self-clinching nut).
Therefore, as evidenced by Osborn in Paragraph 0074, 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 clinch fastener of modified Osborn to comprise a nut having a threaded bore. The rationale for supporting this conclusion of obviousness is to provide a self-clinching fastener based on application and use requirements, e.g. packaging, aesthetics, manufacturing and assembly, etc.
Regarding claim 9, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein each of the plurality of ribs (36) commences (see Figs 4 and 6) with a section (see Figs 4 and 6, Examiner notes the first horizontal section of land 36 as a section) that is perpendicular (see Figs 4-6) to the central axis (see Fig 4) of the clinch fastener (30), and a remainder of each rib (36) comprises a plurality of sections (see Figs 4 and 6, Examiner notes the second radiused section, third vertical section, and fourth radiused section as comprises a plurality of sections), wherein at least two (see Figs 4 and 6, Examiner notes the second radiused section and fourth radiused section as at least two) of the plurality of sections (see Figs 4 and 6) are curved and defined by different radii (see Figs 4 and 6, Examiner notes the second radiused section and fourth radiused section as are curved and defined by different radii) or a plurality of line segments, and wherein said at least two curved sections (see Figs 4 and 6) defined by different radii (see Figs 4-6) are tangentially connected to one another (see Figs 4 and 6, Examiner notes the third vertical section between the second radiused section and the fourth radiused section as are tangentially connected to one another).
Regarding claim 10, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein each of the plurality of ribs (36) commences (see Figs 4 and 6) with a section (see Figs 4 and 6, Examiner notes the first horizontal section of land 36 as a section) that is perpendicular (see Figs 4-6) to the central axis (see Fig 4) of the clinch fastener (30), wherein each rib (36) has at least one section (see Figs 4 and 6, Examiner notes the fourth radiused section as at least one section) that is curved (see Figs 4 and 6) and one section (see Figs 4 and 6, Examiner notes the third vertical section as one section) that is generally linear (see Figs 4 and 6), and wherein said at least one curved section (see Figs 4 and 6) is defined by a radius (see Figs 4 and 6) and forms part of said parametric profile (see Fig 6) that continuously diminishes in height (see Fig 6; Ernest, see Fig 1).
Regarding claim 11, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein each of the plurality of ribs (36) comprises a plurality of generally linear sections (see Figs 4 and 6; Ernest, see Fig 1) that collectively provide (see Figs 4 and 6; Ernest, see Fig 1) that the rib (36) diminishes (see Figs 4 and 6; Ernest, see Fig 1) in height (see Figs 4 and 6; Ernest, see Fig 1) as the rib (36) extends (see Figs 4-6) to the outer periphery (see Figs 4-6) of the head (34).
Regarding claims 12 and 13, as best understood, modified Osborn teaches the clinch fastener as recited in claim 1 but fails to teach wherein each of the plurality of ribs comprises [claim 12: tapered sidewalls; claim 13: outwardly tapered sidewalls].
However, Osborn in Paragraph 0065, teaches it is known to provide wherein each of the plurality of ribs comprises [claim 12: tapered sidewalls; claim 13: outwardly tapered sidewalls] (Paragraph 0065, Osborn indicates leading side 48 and/or opposite side 50 may have a draft angle between about 0.5° and 10°).
Therefore, as evidenced by Osborn in Paragraph 0065, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adequately size and shape each of the plurality of ribs of modified Osborn to comprise [claim 12: tapered sidewalls; claim 13: outwardly tapered sidewalls] as taught by Osborn in Paragraph 0065. The rationale for supporting this conclusion of obviousness is to provide an optimized shape of each of the plurality of ribs based on application and use requirements, e.g. reducing manufacturing complexity, optimizing fastener rotation resistance for different torque applications, etc.
Regarding claim 14, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein the plurality of ribs (36) are configured to provide (capable of providing, i.e. this is a functional recitation) for reduced warping of the workpiece material (Paragraph 0054) during installation (Paragraph 0054) as a result of the plurality of ribs (36) being configured to provide (capable of providing, i.e. this is a functional recitation) for radially focused material displacement (Paragraph 0056) of workpiece material (Paragraph 0054) resulting from the sidewall (48, 50) of each of the ribs (36).
Osborn fails to teach a taper on the sidewall of each of the ribs.
However, Osborn in Paragraph 0065, teaches it is known to provide a taper on the sidewall of each of the ribs (Paragraph 0065, Osborn indicates leading side 48 and/or opposite side 50 may have a draft angle between about 0.5° and 10°).
Therefore, as evidenced by Osborn in Paragraph 0065, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adequately size and shape the sidewall of each of the ribs of modified Osborn to provide a taper on the sidewall of each of the ribs as taught by Osborn in Paragraph 0065. The rationale for supporting this conclusion of obviousness is to provide an optimized shape of each of the plurality of ribs based on application and use requirements, e.g. reducing manufacturing complexity, optimizing fastener rotation resistance for different torque applications, etc.
Regarding claim 15, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein each of the plurality of ribs (36) commences (see Figs 4 and 6) with a section (see Figs 4 and 6, Examiner notes the first horizontal section of land 36 as a section) that is perpendicular (see Figs 4-6) to the central axis (see Fig 4) of the clinch fastener (30), and a remainder of each rib (36) comprises a plurality of sections (see Figs 4 and 6), and wherein the plurality of sections (see Figs 4 and 6) form the parametric profile (see Fig 6) of the plurality of ribs (36).
Regarding claim 16, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 14 and further teaches wherein the parametric profile (see Fig 6) of each of the plurality of ribs (36) is defined by a plurality of parameters (see Fig 6, Paragraphs 0058 and 0060, Examiner notes lands 36 may extend outwardly along the underside of the head beginning from and the lands may extend along the underside of the head to between 65% and 100% of the radius of the head portion, respectively, as a plurality of parameters) including a distance (see Fig 6, Paragraph 0058) from the central axis (see Fig 4) of the clinch fastener (30) to an end (see Fig 6, Paragraph 0060) of the rib (36).
Modified Osborn fails to teach a plurality of parameters including a rib height and a predefined angle Theta.
However, Osborn in Paragraph 0063, teaches it is known to provide a plurality of parameters including a rib height and a predefined angle Theta (see Figs 11 and 12, Paragraph 0063, Examiner notes Osborn’s indication of the face surface 40 of the lands 36’ may slope away from the head portion by the angle β as a plurality of parameters including a rib height and a predefined angle Theta).
Therefore, as evidenced by Osborn in Paragraph 0063, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of parameters including a rib height and a predefined angle Theta as taught by Osborn in Paragraph 0063 to modified Osborn. The rationale for supporting this conclusion of obviousness is to provide desired engagement of the ribs based on application and use requirements, e.g. facilitating flexibility in use with differing materials, material thicknesses, etc.
Regarding claim 17, as best understood, Osborn teaches a clinch fastener (Fig 4, self-clinching fastener 30, Paragraph 0057) for installation relative to a workpiece (Paragraph 0054, Osborn indicates for installation into a pre-formed hole in a component or member), the clinch fastener (30) comprising:
a shaft (Fig 4, shank portion 32) defining a central axis (see Fig 4) of the clinch fastener (30);
a head (Fig 4, head portion 34) cooperating (see Fig 4) with the shaft (32), the head (34) having an outer periphery (see Figs 4-6, Paragraph 0054, Examiner notes a radius of the head portion 34 as an outer periphery);
a plurality of ribs (Figs 4-6, lands 36, Paragraph 0054) disposed (see Figs 4-6, Paragraph 0054) under the head (34) to engage (Paragraph 0054) the workpiece (Paragraph 0054) upon installation (Paragraph 0054) of the clinch fastener (30) to the workpiece (Paragraph 0054), wherein each of the plurality of ribs (36), extending radially outward (see Figs 4-6, Paragraph 0054) in a direction (see Figs 4-6) from a displacement collar (see Figs 5-6, Paragraph 0057, Examiner notes annular surface 54 on the underside of the head portion between the shank 32 and the lands 36 as a displacement collar) positioned (see Figs 4-6) proximate the central axis (see Fig 4) of the clinch fastener (30) to the outer periphery (see Figs 4-6) of the head (34) of the clinch fastener (30), comprises a non-flat surface (see Figs 4 and 6, Examiner notes a second radiused section of land 36 after a first horizontal section extending perpendicular to a longitudinal axis of fastener 30 as comprises a non-flat surface) having a curved surface (see Figs 4 and 6, Examiner notes the second radiused section of land 36 as having a curved surface) and a parametric profile (see Figs 4 and 6, Examiner notes land 36 comprises a parametric profile, i.e. the first horizontal section extending perpendicular to the longitudinal axis of fastener 30, followed by the second radiused section, followed by a third vertical section parallel to the longitudinal axis of fastener 30, and followed by a fourth radiused section);
a retaining ring (Fig 4, retaining collar 46) cooperating (see Fig 4) with the shaft (32); and
a retaining groove (Fig 6, annular engagement groove 44) cooperating (see Fig 6) with the shaft (32) positioned (see Fig 6) between the displacement collar (see Figs 5-6) and retaining ring (46),
wherein each of the plurality of ribs (36) commences with a section (see Figs 4 and 6, Examiner notes the first horizontal section of land 36 extending perpendicular to the longitudinal axis of fastener 30 as commences with a section) that is perpendicular (see Figs 4-6) to the central axis (see Fig 4) of the clinch fastener (30), and a remainder of each of the plurality of ribs (36) comprises a plurality of sections (see Figs 4 and 6, Examiner notes the second radiused section, the third vertical section, and the fourth radiused section of land 36 as a remainder of each of the plurality of ribs comprises a plurality of sections), wherein at least two of the plurality of sections (see Figs 4 and 6) are curved (see Figs 4 and 6, Examiner notes the second radiused section and the fourth radiused section of land 36 as wherein at least two of the plurality of sections are curved) and defined by different radii (see Figs 4 and 6, Examiner notes the second radiused section and fourth radiused section having nonconcentric center points as each defined by different radii) or a plurality of line segments, wherein said at least two curved sections (see Figs 4 and 6) are tangentially connected to one another (see Figs 4 and 6, Examiner notes the third vertical section between the second radiused section and the fourth radiused section as are tangentially connected to one another),
wherein the plurality of ribs (36) and displacement collar (see Figs 5-6) are configured to radially displace (capable of radially displacing, i.e. this is a functional recitation; Paragraph 0056, Examiner notes material displaced as configured to radially displace) workpiece material (Paragraph 0054) into (Paragraph 0056) the retaining groove (46) and diffuse (capable of diffusing, i.e. this is a functional recitation; Paragraph 0056, Examiner notes relieve material as diffuse) stress within the workpiece material (Paragraph 0054) when the clinch fastener (30) is secured (Paragraph 0059) to the workpiece (Paragraph 0054).
Osborn fails to teach wherein each of the plurality of ribs diminish in height as each of the ribs extends radially outward in a direction going from the central axis of the clinch fastener to the outer periphery of the head of the clinch fastener.
However, Ernest teaches it is known to provide wherein each of the plurality of ribs (see Figs 2-4, Examiner notes ribs adjacent the head of the stud as ribs) diminish (see Fig 1) in height (see Fig 1, Examiner notes a height of the ribs adjacent the head of the stud as a height) as each of the ribs (see Figs 2-4) extends (see Figs 2-4) radially outward (see Figs 2-4) in a direction (see Figs 2-4) going from the central axis (see Figs 2-4) of the clinch fastener (see Figs 2-4) to the outer periphery (see Figs 2-4) of the head (see Figs 2-4, Examiner notes the head of the stud as the head) of the clinch fastener (see Figs 2-4).
Therefore, as evidenced by Ernest, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adequately size and shape each of the plurality of ribs of Osborn to diminish in height as each of the ribs extends radially outward in a direction going from the central axis of the clinch fastener to the outer periphery of the head of the clinch fastener as taught by Ernest. The rationale for supporting this conclusion of obviousness is to provide a rib shape based on application and use requirements, e.g. facilitating use in differing materials, varying load requirements, ease of assembly, etc.
Regarding claim 18, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 17 and further teaches wherein each of the ribs (36) diminish (Ernest, see Fig 1) in height (Ernest, see Fig 1) as each of the ribs (36) extends (see Figs 4-6) in a direction (see Figs 4-6) going from the central axis (see Fig 4) of the clinch fastener (30) to the outer periphery (see Figs 4-6) of the head (34) of the clinch fastener (30).
Regarding claim 19, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 17 and further teaches wherein the plurality of ribs (36) are configured to provide (capable of providing, i.e. this is a functional recitation) for reduced warping of the workpiece material (Paragraph 0054) during installation (Paragraph 0054) as a result of the plurality of ribs (36) being configured to provide (capable of providing, i.e. this is a functional recitation) for radially focused material displacement (Paragraph 0056) of workpiece material (Paragraph 0054) resulting from the sidewall (Figs 4-6 and 15, sides 48 and 50, Paragraph 0065) of each of the ribs (36).
Osborn fails to teach a taper on the sidewall of each of the ribs.
However, Osborn in Paragraph 0065, teaches it is known to provide a taper on the sidewall of each of the ribs (Paragraph 0065, Osborn indicates leading side 48 and/or opposite side 50 may have a draft angle between about 0.5° and 10°).
Therefore, as evidenced by Osborn in Paragraph 0065, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adequately size and shape the sidewall of each of the ribs of modified Osborn to provide a taper on the sidewall of each of the ribs as taught by Osborn in Paragraph 0065. The rationale for supporting this conclusion of obviousness is to provide an optimized shape of each of the plurality of ribs based on application and use requirements, e.g. reducing manufacturing complexity, optimizing fastener rotation resistance for different torque applications, etc.
Regarding claim 20, as best understood, modified Osborn teaches the clinch fastener (30) as recited in claim 1 and further teaches wherein the plurality of ribs (36) are configured to provide (capable of providing, i.e. this is a functional recitation) a substantially circular recess (Paragraph 0059) in the workpiece material (Paragraph 0054) upon installation (Paragraph 0054) of the clinch fastener (30) on the workpiece material (Paragraph 0054) as a result of the plurality of ribs (36) being configured to provide (capable of providing, i.e. this is a functional recitation) for radially focused material displacement (Paragraph 0056) of workpiece material (Paragraph 0054) resulting from the sidewall (48, 50) of each of the ribs (36) and inward material flow (Paragraph 0056) from the retaining ring (46) into (Paragraph 0056) the retaining groove (44).
Osborn fails to teach a taper on the sidewall of each of the ribs.
However, Osborn in Paragraph 0065, teaches it is known to provide a taper on the sidewall of each of the ribs (Paragraph 0065, Osborn indicates leading side 48 and/or opposite side 50 may have a draft angle between about 0.5° and 10°).
Therefore, as evidenced by Osborn in Paragraph 0065, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adequately size and shape the sidewall of each of the ribs of modified Osborn to provide a taper on the sidewall of each of the ribs as taught by Osborn in Paragraph 0065. The rationale for supporting this conclusion of obviousness is to provide an optimized shape of each of the plurality of ribs based on application and use requirements, e.g. reducing manufacturing complexity, optimizing fastener rotation resistance for different torque applications, etc.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 17 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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