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Claims 9-13 and 19 remain in the application as withdrawn.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.
Claims 1-2, 5-8, 14, 16-17 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hemingway (US 9,511,544). In considering the embodiment shown in Figs. 33-35, Hemingway discloses a stud fastener (701) comprising: a cylindrical body (703) with a sidewall which defines a hollow space; three retention features (705) spaced from one another by 120° within the hollow space (see Fig. 34) and angled towards the axis (see Fig. 35) for deflecting outward with the insertion of a stud (711); the body and retention features are a monolithic structure; the retention features each include: a return arm, a foot, and friction features (a surface of the foot); the body includes open leading and base ends (Fig. 35), the leading end having chamfer (Fig. 35); and the body and retention features are made of a thermoplastic material by a three-dimensional printing process which forms a plurality of integrally formed layers (column 1, paragraph beginning line 40).
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 1-8, 14, 16-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Gagne (US 8,950,993) in view of Mizusawa (US 4,435,111). In considering the embodiment shown in Figs. 9a-10c, Gagne discloses a stud fastener (33) comprising: body (4) with a sidewall which defines a hollow space; three retention features (2) spaced from one another by 120° within the hollow space and angled towards the axis for deflecting outward with the insertion of a stud (8); the body defines a recess within the sidewall wherein the retention features are coupled to the sidewall within the recess; the body and retention features are a unitary structure (Fig. 9e); the retention features each include: a return arm, a foot, and friction features (3); the body includes open leading and base ends, the leading end having chamfer; and the sidewall defines a diameter that corresponds to an outer diameter of the stud (Fig. 10). Gagne further discloses the stud fastener as a unitary monolithic body since all the parts of the body are connected with hinges to form a continuous material structure and unitary monolithic body. The three-dimensional printing is a product-by-process limitation where only the final product is considered.
Gagne does not disclose the body being cylindrical. Mizusawa disclose stud fastener (1) similar to Gagne but disclose a body (6) of the stud fastener can be cylindrical (see Fig. 1(C)). Before the effective filing date of the claimed invention it would have been obvious for one of ordinary skill in the art to make the shape of the stud fastener disclosed in Gagne cylindrical as disclosed in Mizusawa so that it could be rotated by hand as opposed to a requiring a tool.
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Conclusion
Applicant’s remarks have been considered but are moot in light of the new grounds of rejection.
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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