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Claims 9-13 and 19 remain in the application as withdrawn.
The amendments to the claims appear to be directed to the embodiment shown in Figs. 1 and 2 which was non-elected. However, there is some ambiguity in the claims so, the amendment will be considered as reading on the elected embodiment with the ambiguity addressed via a 112 rejection. Claims directed exclusively to the embodiment shown in Figs. 1 and 2 will be considered as non-elected.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “an edge of the sidewall” (amended claim 1) is not found in the description.
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.
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 3-4, 14, 16 and 18 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. In claim 3 and 4, the retention features coupled to a recess within the sidewall contradicts the retention features formed in the interior surface of the sidewall. In other words, how can the retention feature be on both the sidewall and recess. Claims 14 and 16 are indefinite because they are claiming the same features as claims 7 and 8. In regards to claim 18, it is unclear how the retention features would be formed on the sidewall when the sidewall is the diameter of the stud. Generally, the limitation of the “cylindrical sidewall” is unclear because it cannot accommodate both the retention features and recesses. The claims were examined as best understood.
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 1-8, 14, and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuta (US 7,059,022). Yuta discloses a stud fastener (10) comprising: a cylindrical body (12) with a cylindrical sidewall which defines a hollow space; three retention features (15) spaced from one another by 120° within the hollow space (see Fig. 4C) and angled towards the axis (see Fig. 4B) for deflecting outward with the insertion of a stud (20, Fig. 7); 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. 4B), the leading end having chamfer (Fig. 4B); the sidewall defines an inner diameter (at 16) corresponding to an outer diameter of the stud (at 16); and the cylindrical sidewall includes recesses where the retention are coupled to the recesses.
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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 1-2, 5-8, 14, 16-17 and 22-23 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 cylindrical 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 by definition forms a plurality of integrally formed layers (column 1, paragraph beginning line 40). Hemingway does not disclose the retention features formed on the interior surface of the cylindrical sidewall but instead discloses the retention features formed on window (707) edge. Schaty disclose stud fastener similar to Hemingway including a cylindrical body with a plurality of retention features (8) but Schaty teaches the retention features can be formed on an inner surface (Fig. 1) as an alternative to being formed on a window edge (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 instead of forming the retention features of Hemingway on a window edge to form them on the inner cylindrical surface because Schaty teaches them as alternatives for yielding the same predictable results within the same field of endeavor.
Response to Remarks
Applicant’s amendment(s) have overcome the 102 rejection over Hemingway for at least the reasons argued.
The 103 rejection over the combination of Gagne with Mizusawa has also been withdrawn. The examiner agrees that Gagne does not disclose the retention features extending from a cylindrical sidewall.
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 retention features formed on inner surfaces.
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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