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 .
DETAILED ACTION
Claims 1-5 and 11-20, as filed are currently pending and have been considered below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06 April 2026 has been entered.
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 4, 5, 11, 12 and 14 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.
Claim 4 recites the limitation "clamping surface" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 describes wherein the retaining region is screwed into a gap-shaped region between the retaining region of the retaining element and an edge region of the body component. It is unclear how the retaining element can be screwed between itself and an edge region.
Claim 11 recites the limitation "the edge region" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the first rotational position" and “the second rotational position in lines 5 and spanning lines 13-14. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 14, the first paragraph appears to a modified duplicate of portions of claim 1. It is unclear if this duplication is intentional or how this is distinct from the previous language from claim 1.
In Claim 14, the usage of the term “or” makes it unclear which limitations are required.
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.
Claim(s) 1, 2, 5, 13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gagnon et al. (US 2025/0065974).
Regarding claim 1, Gagnon et al. discloses an apparatus comprising:
a connecting element (102) configured to connect to the interior component; and
a retaining element (132) configured to retain to the connecting element on the body component,
wherein the retaining element comprises a base body (end of 142 between cams 133) with a helix-shaped retaining region (133) at a first end region of the base body, and the connecting element comprises a base body (106) with a receptacle opening (122) in which the retaining element is receivable,
wherein the retaining element is configured to be rotated in relation to the connecting element and wherein, when the retaining element is rotated in relation to the connecting element, a force acting on the retaining element, is generated against the connecting element (Figs. 8-9 as shown wherein the cams 133 exert pressure on the underside of 102).
Regarding claim 2, Gagnon et al. further discloses wherein the retaining element comprises at least one clamping surface (top sides of cams 133), which, in the state of being connected to the connecting element, interacts with a clamping surface (underside of 102) of the connecting element, such that when the retaining element is rotated in relation to the connecting element, the force acting on the retaining element, is generated (Figs. 8-9 as shown).
Regarding claim 5, as best understood, Gagnon et al. further discloses wherein the retaining region of the retaining element is screwed into a gap-shaped region, between the retaining region of the retaining element and an edge region of the body component surrounding a fastening opening of the body component, by exerting a leverage action (as best understood the gap -shaped region coincides with the receptacle opening of the connecting element wherein the cams 133 exert a leverage action).
Regarding claim 13, Gagnon et al. further disclose a locking or blocking element (150) for establishing a location or position of the retaining element in relation to the connecting element.
Regarding claim 15, Gagnon et al. further disclose wherein the blocking element comprises a land region (152) extending in the insertion direction (Fig. 4 as shown).
Regarding claim 16, Gagnon et al. further disclose wherein the land region comprises two opposing wing elements (Fig. 4 shows at least two pins on opposed sides).
Regarding claim 17, Gagnon et al. further disclose wherein the retaining element base body comprises a passage (the pins 152 are described as spring-loaded pins, Paragraph 162 lines 13-16 describe wherein the pins retract, the space into which the pins retract is considered as the passage) which is configured to guide the opposing wing elements when the retaining element is inserted into the connecting element (Fig. 6 as shown).
Claim(s) 1, 3, 4, 11, 12, 14, 18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Oliver (US 2024/0180348).
Regarding claim 1, Oliver discloses an apparatus comprising:
a connecting element (24) configured to connect to the interior component; and
a retaining element (23) configured to retain to the connecting element on the body component,
wherein the retaining element comprises a base body with a helix-shaped retaining region (portion of 27 below 28) at a first end region of the base body, and the connecting element comprises a base body with a receptacle opening (32) in which the retaining element is receivable,
wherein the retaining element is configured to be rotated in relation to the connecting element and wherein, when the retaining element is rotated in relation to the connecting element, a force acting on the retaining element, is generated against the connecting element (rotation of the member relative to one another can cause a compressive force between the structures via the mating helical structures).
Regarding claim 3, Oliver further discloses wherein the base body of the retaining element is arranged in a rotationally symmetrical manner, wherein a crown region (between 28-56), is formed at a second end region of the base body opposite the first end region, and wherein a fitted region (28) is formed between the crown region and the retaining region,
wherein the base body of the connecting element comprises a support surface (57) that is adapted to a geometry or size of the crown region, on which the crown region of the holding element rests at least partially (Paragraph 50, lines 2-4).
Regarding claim 4, as best understood, Oliver further discloses wherein the clamping surface is formed at least partially by the support surface (57 serves as the clamping surface) of the base body of the connecting element or at least partially by the surface facing the support surface of the base body of the connecting element of the crown region of the holding element.
Regarding claim 11, as best understood, Oliver further discloses wherein the support surface of the base body of the connecting element is adapted to the geometry or size of the edge region, such that, at least in a pre-assembly or delivery state of the assembly and further in a pre-fixation state of the assembly, the edge region (30) of the retaining element rests on the support surface of the connecting element (the phrase “edge region” appears to be used interchangeably with “crown region”).
Regarding claim 12, Oliver further discloses
wherein at least one recess (Fig. 6 shows a recess along 27 anteriorly adjacent to 28) is formed in the crown region of the retaining element, and wherein the connecting element comprises a region (35) complementary to the at least one recess of the crown region and protruding in the direction of the receptacle opening of the connecting element, which region is formed such that, only in the first rotational position of the retaining element, the retaining element is connectable to the connecting element, such that the crown region of the retaining element rests on the support surface of the connecting element (the device as shown operates in the claimed manner),
wherein the at least one region protruding in the direction of the receptacle opening of the connecting element is arranged so that it is offset from the plane in which the crown region of the retaining element is located, such that the at least one region protruding in the direction of the receptacle opening of the connecting element blocks a release of the connection between the retaining element and the connecting element in the second rotational position of the retaining element (with the helical members fully engaged release is blocked).
Regarding claim 14, as best understood, Oliver further discloses
wherein the retaining element comprises a base body with a retaining region (portion of 27 below 28) at a first end region of the base body, and the connecting element comprises a base body with a receptacle opening (32) through which the retaining region of the retaining element, is insertable, or
wherein the assembly is configured to be transitioned from a pre-assembly state, in which the retaining region of the retaining element is insertable or inserted through a fastening opening in the body component (Fig. 3 as shown), into a fixed state, in which the retaining region of the retaining element inserted through the fastening opening of the body component exerts a force, which acts on the edge region of the body component surrounding the fastening opening against the insertion direction, in order to fix the connecting element to the body component, or
wherein the assembly further comprises a locking or blocking element for establishing a location or position of the retaining element in relation to the connecting element,
wherein the locking or blocking element is configured to be transitioned from a first state, in which the assembly is in its pre-assembly state, into a second state, in which the assembly is in its fixed state,
wherein the assembly comprises at least one element formed, when the locking or blocking element is transitioned from its first state into its second state, in order to translate a movement, of the locking or blocking element in relation to the connecting element into a rotational movement of the retaining element in relation to the connecting element in order to transition the assembly into its fixed state.
Regarding claim 18, Oliver discloses an apparatus comprising:
a connecting element (24) configured to connect to the interior component; and
a retaining element (23) configured to retain to the connecting element on the body component,
wherein the retaining element comprises a base body with a helix-shaped retaining region (portion of 27 below 28) at a first end region of the base body and a crown region (between 28 and 56) at a second end region of the base body,
wherein the connecting element comprises a base body (33) with a base region (14) and a receptacle opening (32) defining a through hole which receives the crown region of the retaining element at one end and allows the retaining region of the retaining element to extend through the opposite end (the device of Figs. 3-7 operate in this manner).
Regarding claim 20, Oliver further discloses wherein the helix-shaped retaining region is configured to allow the retaining element to be inserted into the connection element and generate a torque when moving towards a fixed state (Figs. 3-9 as shown).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oliver as applied to claim 18 above, and further in view of Thellin et al. (US 2022/0325481).
Regarding claim 19, Oliver discloses the invention except for wherein the base region is configured to elastically deform in an insertion direction when the retaining region is twisted in place.
Thelin et al. teach a device with a housing (12) made of a thermoplastic (last three lines of paragraph 43).
From this teaching of Thelin et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to use a thermoplastic material for the second part of Oliver. A thermoplastic material would be capable of elastic deformation allowing the fastening device to be resistant to breakage during use while still allowing sufficient securement strength. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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