DETAILED ACTION
Receipt is acknowledged of Applicant’s Response, dated 10 March 2026, which papers have been made of record.
Claims 1-14 are currently presented for examination, of which claims 8-14 have been withdrawn from consideration.
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
Applicant's election with traverse of Group I, claims 1-7, in the reply filed on 10 March 2026 is acknowledged. The traversal is on the ground(s) that “it should be no undue burden on the Examiner to consider all claims in the single application.”
This is not found persuasive because Applicant has not identified any specific errors or deficiencies in the Restriction mailed 14 January 2026. Applicant has not provided evidence that any of the bases for the Restriction fail to establish serious search burden as required.
Furthermore, Applicant cannot overcome the fact that searching the method is not required for the product as claimed. To keep the groups together would be a burden to the examiner. Regarding Applicant's argument that examination of the entire application would not place a serious burden on the examiner, this is not found persuasive because Applicant has not provided any evidence or showing to support such a conclusion. Clearly, consideration of additional claims drawn to one or more distinct groups of inventions in diverse categories (product and methods) mandates different fields of search with the associated concomitant hundreds to thousands of patents and time consuming evaluation of those patents which gives rise to a sizeable burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The disclosure is objected to because of the following informalities: : the Specification collectively groups multiple Figures at least at paragraph [0064] of the Brief Description of the Drawings. The examiner strongly recommends identifying each Figure in its own paragraph with a separate description to reduce the opportunities for confusion as to how many and which Figures are encompassed by the range cited.
Appropriate correction is required.
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 and 5-7 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.
Claim 3 recites the limitation "the head side" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the pronoun “its” at line 1 and “it” at line 2. It is difficult to determine to which previously presented claim limitation the pronouns refer. Applicant could overcome this rejection by reciting the claimed elements each time they are to be referenced.
Claim 6 recites the pronoun “its” at line 2. It is difficult to determine to which previously presented claim limitation the pronouns refer. Applicant could overcome this rejection by reciting the claimed elements each time they are to be referenced.
Claim 7 recites the limitation "the pull-out surface" in line 9. There is insufficient antecedent basis for this limitation in the claim. The examiner notes that a pull-out surface is recited in claim 6.
Claim 7 recites the limitation "the anti-rotation elements" in line 14. There is insufficient antecedent basis for this limitation in the claim.
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 1-4 and 6-7
Claims 1-4 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent 8,366,364 to Maloney (hereinafter “Maloney”).
Regarding claim 1, Maloney discloses a method for producing a press-fit connection between a fastening element (11) and an unpunched component (33) that has not been pretreated by a hole-forming process, the method comprising: pressing the component (33) against an anvil (37) that has a flat bearing surface (see Fig. 2) on which an underside of the component (33) rests; providing the fastening element (11) with a head (portions 17 to 21); pressing, via a punch (31), the fastening element (11) with the head into the component (33) without piercing the component, wherein an underside (horizontally extending lowermost surface) of the component is not deformed (see Figs. 2 and 3a) and wherein material of the component is initially displaced (see Fig. 3b); pressing at least part of the displaced material against the head (at tip portion 21) by the punch (31) so that in an axial direction a form fit is formed between the material pressed against the head and the head (see Co. 3, lines 25-30); pressing a press ring (radially inward step abutting outermost portion of 17, see Fig. 2 and Annotated Figure below), the punch (31) comprising the press ring (see Fig. 2 and Annotated Figure below), against a press surface (see Annotated Figure) formed on the head (at 17) for transmitting a press-in force (force F); and pressing the displaced material (upper material of 33; see Figs. 3b and 3c) via a forming section (body of punch 31 drives fastener 11, and at least indirectly drives material of component 33) in a radial direction towards the head (compare Figs. 3c and 3d; material travels radially inward toward undercut at 25, see Col. 3, lines 37-40), wherein the punch further comprises the forming section (body of 31).
PNG
media_image1.png
516
830
media_image1.png
Greyscale
Regarding claim 2, Maloney discloses the limitations of claim 1, and further Maloney discloses that that head (portions 17 to 21) has a head side (angled portion below radially outer most portion of 25) oriented toward the component (33) and has a protruding center region (lowermost tip of 21), such that the head is initially pressed with the center region against the component (see Fig. 3b) against the component and material of the component displaced radially outward (see Fig. 3c).
Regarding claim 3, Maloney discloses the limitations of claim 1, and further Maloney discloses that the head side oriented towards the component is convexly curved (a curve can be described including the angled surfaces of portion 25 as shown in profile view of Fig. 1a).
Regarding claim 4, Maloney discloses the limitations of claim 1, and further the forming section (section of head at collar 17) is conical or curved (collar of fastener understood to be annular and thus curved).
Regarding claim 6, Maloney discloses the limitations of claim 1, and further Maloney discloses that the fastening element (11) has a shank (13) to which the head (portions 21 and 17) adjoins at the end (lowermost end; see Fig. 1), wherein the head has on its head underside a projecting shoulder (collar portion 17) that directly surrounds the shank (13; see Fig. 1), wherein a radially outwardly projecting pull-out surface (surfaces are undercut 28 above portion 25) adjoins thereto, which in the axial direction (vertical direction with respect to Fig. 1, see Y-direction in Fig. 2) is offset with respect to the head side (towards portions 17 and 21), and wherein the material (material of 33) is pressed only over the pull-out surface in order to form the form fit in the axial direction (compare Figs. 3c and 3d).
Regarding claim 7, Maloney discloses the limitations of claim 1, and further Maloney discloses exerting a force (force F) on the punch (31); feeding the punch and fastener (11) to the component while applying the force (F); plastically deforming the component (33) by the head of the fastener (head portions at 17 to 21; see Fig. 3b, 3c, 3d); forming a plastically deformed material bead (unnumbered material at undercut 28; see Fig. 3c) around the head due to the head (portion at tip 21) penetrating the component (33; see Fig. 3c); contacting the material bead with the forming section (27); leaving a clearance (gap present at least for a portion of time during pressing) to a peripheral surface of a shoulder of the head (at undercut 28; see Fig. 3c); overlapping and pressing the material against the pull-out surface (angled surface of undercut 28 at portion 25; see Figs. 3c and 3d) to form the form fit acting in the axial direction (Y-direction); and creating an anti-rotation lock (see Col. 3, lines 13-24) by the anti-rotation elements.
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.
Alternatively, claims 1 and 4
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent 6,527,489 to Kando (hereinafter “Kando”) in view of United States Patent 8,366,364 to Maloney (hereinafter “Maloney”).
Examiner’s note: claim 1 recites “an unpunched that has not been pretreated by a hole-forming process” at lines 2-3. The examiner interprets the negative limitation as requiring a component not having a through-hole therein.
Regarding claim 1, Kando discloses a method for producing a press-fit connection between a fastening element (20) and an unpunched component (material at 14; see Fig. 2, component can construed as sheet with raised material surrounding it) that has not been pretreated by a hole-forming process (see Fig. 2), the method comprising: pressing the component (material at 14; see Fig. 2); providing the fastening element (20) with a head (40); pressing, via a punch (60), the fastening element (20) with the head into the component (material at 14) without piercing the component (see Figs. 5-6, wherein an underside (15) of the component is not deformed (see Fig. 5) and wherein material of the component is initially displaced (see Figs. 5 and 6); pressing at least part of the displaced material (raised material around component portions 98) against the head (40) by the punch (60) so that in an axial direction a form fit is formed between the material pressed against the head and the head (40); pressing a press ring (annular portion 66), the punch comprising the press ring (60 includes ring portion 66), against a press surface (46) formed on the head (40) for transmitting a press-in force; and pressing the displaced material (98) via a forming section (angled portion 65) in a radial direction (via inward forces 92) towards the head (40), wherein the punch further comprises the forming section (65; see Fig. 5).
Kando does not explicitly disclose that the component is supported against an anvil having a flat bearing surface. Instead, Kando is silent as to how the component is supported. Kando does teach that it is desirable to fasten the fastener (20) to the substrate without bending the underside of the substrate (see Col. 10, lines 2-7). Nevertheless, it is conventional and known in the art that a substrate to be clinched may be supported using an anvil.
For example, Maloney teaches such an anvil. Maloney teaches a method of attaching a fastener (11) to a substrate (33) by positioning the fastener between a pressing fixture including a press ring (31) and an anvil (37). The anvil includes a flat upper surface (see Fig. 2) which abuts an underside of the component (33).
It would have been obvious to one having ordinary skill in the art to modify the method taught by Kando to include supporting the component using an anvil as taught by Maloney. (See MPEP 2143(1)(A)). The resulting method would predictably be expected to produce a joint between a fastener and a substrate while preventing the underside of the substrate from bending, as desired by Kando.
Thus, the combination of Kando and Maloney teaches the limitations of claim 1.
Regarding claim 4, the combination of Kando and Maloney teaches the limitations of claim 1, and further Kando teaches that the forming section (edge 65) is conical or curved (edge is of cylinder 62, understood to be cylindrical or curved as well).
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 5, the prior art of record does not explicitly disclose or fairly teach “wherein the punch forms a cutting ring at its front end with which it cuts into a surface of the component, the forming section adjoining the cutting ring” in combination with the remaining limitations of the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent 4,004,483 to Hallock teaches a fastener (10) having a head (13) which is pressed into a component (see Figs. 4-6).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRELL C. FORD whose telephone number is (313)446-6515. The examiner can normally be reached 8:30 AM to 5:15 PM, Monday to Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at (571) 272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DARRELL C FORD/Examiner, Art Unit 3726
Prosecution Insights