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Claims 5-8 and 19-20 remain in the application as withdrawn.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 § 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 and 13-14 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 directly coupled to the body 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. The panel-engagement feature is sloped defining at least two locations that are different distances from the head lower portion capable of accommodating the different panel thicknesses. Additionally as pointed to below, the retainer includes upper and lower head portion where the upper portion comprises a retaining tab.
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Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paquet (US 2008/128066). Paquet discloses a stamped metal retainer to couple a component (24) having a tower (23) to a panel (22) 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 (5) flexibly connected to one another at a head portion (1) defining a cavity (16) for receiving the tower; a panel-engagement feature (18); and at least one portion with a retaining tab (19) coupled directly to the body portion configured to engage the tower and cause the panel engagement feature to push into the panel (p.[0020]). The panel-engagement feature is sloped defining at least two locations that are different distances from the head lower portion capable of accommodating the different panel thicknesses.
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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
The 112 rejections have been withdrawn as a result of the amendments and supporting remarks.
The 102 rejection over Hofmann (US 2012/0131771) has been maintained.
Applicant argues Hoffmann does not disclose the panel engagement feature configured to engage panels at two different locations. In response, the examiner disagrees because as explained above the locking feature (18) is sloped away from the head defining at least two location along the slope that are different distances from the head which would be capable of engaging different panels.
The rejection of claim 18 has been changed as a result the amendment(s).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited teach other examples of legs connected at a head.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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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.
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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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