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 .
Election/Restrictions
Claims 5-8 and 19-20 remain in the application as withdrawn.
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 1-4, 10-11, 13-16 and 18 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. In the amendments to the independent claims it is unclear how the at least on portion is both to cause the at least one panel-engagement feature to push into the panel and is directly coupled to the retaining head. While the disclosure teaches that an at least one portion can push the panel engagement feature into the panel and an at least one portion can be directly coupled to the head (p.[0049]) it is not the same at least one portion. As disclosed there separate portions which push the panel-engagement feature into the panel and are directly coupled to the head (p.0049).
Claims 1-4, 10-11, 13-16 and 18 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. In the amendment to the independent claims, the examiner does not find support for the at least one portion directly coupled to the body portion.
The claims were examined as best understood where there is an at least one portion to push the panel-engagement feature into the panel and an at least one portion directly coupled to the retaining head.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 10-11, 13-14 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hofmann (US 2021/0131771). In considering the embodiment shown in Figs. 1-11, Hoffmann discloses a stamped metal retainer (16) to couple a component (20) having a tower (32) to a panel (14) that would be capable of having various thicknesses which inherently would be inclusive of a first thickness and a larger second thickness. The retainer comprises: a body formed as a pair of parallel legs (40) flexibly connected to one another (at 38) defining a cavity for receiving the tower; a panel-engagement feature (18); at least one portion with a retaining tab (pointed to below) configured to engage the tower and cause the panel engagement feature to push into the panel (p.[0047]); and at least one portion with a retaining tab (26) directly coupled to the head extending into the channel to engage the tower. The head is defined by a pair of spring shaped flanges (44) extending outwardly from a free end of the legs defining the body which would be capable of absorbing movements.
PNG
media_image1.png
588
820
media_image1.png
Greyscale
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.
Claims 2-4 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hofmann as applied to claim 1 above, and further in view of Vassiliou (US 6,691,380). Hofmann does not disclose the panel-engagement feature comprising a saw-tooth structure. Vassiliou discloses a stamped-metal retainer including a panel-engagement feature similar to Hofmann except in Vassiliou the panel-engagement (20) includes a fin (48) with a saw-tooth structure defining a plurality of offset steps (50). 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-engagement feature of Hofmann with a saw-tooth structure as disclosed in Vassiliou for an improved accommodating different thickness panels as discussed in Vassiliou (Abstract).
Response to Remarks
Applicant’s remarks have been considered but ate moot in light of the new grounds of rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FLEMMING SAETHER whose telephone number is (571)272-7071. The examiner can normally be reached M-F 8:30 - 7:00 eastern.
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.
/FLEMMING SAETHER/Primary Examiner, Art Unit 3675