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 .
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 1-3, 9-10, 22-23, 27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamaguchi (US 7,189,112). Hamaguchi discloses a fastener assembly (12) to secure a first component (M) to a second component (P) wherein a first surface of the second component (shown facing downward in Fig. 1) abuts a second surface the first component (facing upward) comprising: a grommet (1) including a plurality of side walls (11) with resilient retention tabs (13) configured to engage a second/underside surface (facing upward) of the second component opposite the first component (at 131) and a through-hole slot (141) in the sidewall, a lip portion (10) configured to abut the first side of the second component opposite the retention tabs (column 7, paragraph beginning line 37), and a cavity (12); and a pin (2) engaged through a first opening (Ma) in the first component wherein the pin is linearly engaged into the cavity (column 7, paragraph beginning line 3) and is rotated to disengage from the cavity (column 7, paragraph beginning line 14). The pin comprises a cylindrical pin body (20) and a head portion (20) with an tool engagement feature (3); a box prong (211) is resiliently coupled to a side wall of the pin body to engage with the slot in the grommet (see Fig. 4 for example). The pin body is cylindrical (Fig. 6); the grommet body is rectangular (Fig. 6); the through slot is located below the lip (see Fig. 5) and when assembled the first and second components abut each other (Fig. 1). Hamaguchi further teaches the pin comprising a pin body (21) and a head portion (20); the head portion includes an engagement feature which can be any surface of the head wherein a driver, such as a pliers or even a hand, can grip the head.
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 4-6, 12-13, 15, 21, 24-26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Hamaguchi as applied to claims 1-3 and 22-23 above, and further in view of Ichikawa (US 6,491,333). Hamaguchi does not disclose the box prong comprising a chamfered edge. Ichikawa discloses a fastener assembly (12) similar to Hamaguchi including a pin (14) with a box prong (26) but in Ichikawa the box prong includes a chamfer (26C) and on two sides of the box prong (26A, 26B) to engage with a side wall of a slot (50) during rotation to urge the box prong inward to disengaging the pin from the cavity (column 9, lines 46-49). 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 box prong of Hamaguchi with chamfered edges as disclosed in Ichikawa because the they would continue to yield the same predictable results.
Response to Remarks
Applicant argues Hamaguchi does not disclose a pin head portion with an engagement feature configured to engage a driver. Applicant argues that Hamaguchi includes a clamping part 3 for holding a sun visor which is not a screwdriver-receiving engagement feature and contains no slot, recess or other feature for engaging a screwdriver but is instead rotated manually. In response, the examiner does not dispute the head having a clamping part for the sun visor but that does not preclude it from also forming an engagement feature for a tool. Indeed a tool, such as pliers, would be able to clamp onto any portion of the head to rotate the pin or even manually, a hand could be interpreted as the driver. The claims do not claim any of a slot, recess, or screwdriver and while although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
And in an effort to expedite the application it should be noted that there numerous references that teach a pin head having a slot for a screwdriver which may be suitable for a combination. For example the previously cited reference to Shimizu (US 9,155,362).
The additional remarks have been considered but include no further arguments necessitating a response.
Conclusion
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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/FLEMMING SAETHER/Primary Examiner, Art Unit 3675
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