DETAILED ACTION
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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restrictions
Applicant’s election with traverse of Species III, Figures 15-33, claims 1, 2, 7-12, and 14, in the reply filed June 1, 2026, has been acknowledged. The traversal is on the grounds that the claims all together place no undue burden on the Examiner. The Examiner respectfully disagrees and notes that examining multiple patentably distinct species together in the same application would impose a serious burden on the examiner, as such would require the search of multiple patentably distinct features that otherwise would not have to be searched for, applying appropriate prior art rejections and having to consider and respond to attorney arguments regarding such multiple patentably distinct features and rejections. Is it Applicant’s position that the specific features of the various species are not patentably distinct, and therefore obvious over one another? If so, then such should be clearly admitted on the record.
Finally, it should be noted that, as stated at page 4 of the election requirement, upon the allowance of a generic claim, applicants will be entitled to consideration of claims to the additional species that depend therefrom or otherwise include all of the limitations of that allowable generic claim. In other words, if patentability resides in the generic aspects of the inventions disclosed as opposed to the specific features of the respective species, then there will be rejoinder of those non-elected species and if patentability resides within the specifics of the elected species, then there will be no rejoinder of the other species.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3-6 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract is objected to for beginning with a phrase which can be implied. See “Provided is” in line 1. See MPEP 608.01(b). The Examiner notes simply removing this phrase and beginning the abstract with --A fixing member-- would place the abstract in proper form and overcome this objection. Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim 12 is 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 pre-AIA the applicant regards as the invention.
Claim 12 first recites “a fixing target” and “a base” as part of an intended use for a fixing member in line 1. However, claim 12 goes on to positively recite the fixing target and base throughout the claim, while heavily relying on the fixing target and base to describe the fixing member. Therefore, it is unclear from the claim whether Applicant is intending to claim the subcombination of the fixing member, or the combination of the fixing member, fixing target, and base. For the purpose of this action, the Examiner has interpreted claim 12 as being directed to only the subcombination of the fixing member, given independent claim 1 is directed to the subcombination. However, appropriate corrections should be made, such as “configured to” language such that it is clear from the claim that the subcombination is being claimed.
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 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0154753 (Hoffstetter).
Regarding claim 1, Hoffstetter discloses a fixing structure (100; see Figures 2-7 and annotated Figure 1 below) comprising:
a base (50);
a fixing target (60) member fitted to the base; and
a fixing member (10; 20, 30, 40), wherein
one of the base and the fixing target member has a fitting hole, and another of the base and the fixing target member has a portion fitted into the fitting hole (see annotated Figure 1 below),
the one, of the base and the fixing target member, having the fitting hole is defined as an assembly counterpart member (50), and the fixing member is assembled to the assembly counterpart member (see Figure 7),
the fixing member includes
a prevention portion (32) configured to project into the fitting hole in a fitting perpendicular direction which is a direction perpendicular to a fitting direction of the base and the fixing target member, to prevent the fixing target member from being pulled out from the base (see paragraphs [0066]-[0068]), and
an operation portion (at 34) which is formed integrally (i.e. as a unit) with the prevention portion and on which an operation of moving the prevention portion from a projection position at which the prevention portion projects into the fitting hole to a withdrawn position at which the prevention portion is withdrawn from the fitting hole is performed, an operating direction of the operation being defined as the fitting perpendicular direction (see Figure 6 vs. Figure 7) and
the other (60), of the base and the fixing target member, which is not the assembly counterpart member has a recess (61) into which the prevention portion at the projection position is fitted (see Figure 7), and
the fixing structure comprises an elastic deformation portion (40) formed integrally (i.e. as a unit) with the fixing member or the assembly counterpart member, and configured to become elastically deformed so as to permit movement of the fixing member to the withdrawn position when the operation is performed, and to return the fixing member to the projection position by a repulsive force of the elastic deformation of the elastic deformation portion when the operation is released (see Figure 6 vs. Figure 7, and paragraph [0068]).
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Figure 1. Annotated Figure 7 of Hoffstetter
Regarding claim 10, Hoffstetter discloses the prevention portion (32) is provided at a section in a circumferential direction around a projecting direction of the prevention portion into the fitting hole (see annotated Figure 1 above), and
the fixing member (10; 20, 30, 40) includes
an insertion permission portion (36) configured to generate a force which moves the fixing member to the withdrawn position, as the fixing target member (60) or the base (50) is inserted into the fitting hole (see annotated Figure 1 above), on a side opposite to the prevention portion in the circumferential direction (see Figure 2 and paragraphs [0060] and [0067]), and
a reverse assembly prevention portion (20, 21) configured to permit the fixing member to be assembled to the base so as to be directed in a forward direction in which functions of the prevention portion and the insertion permission portion are enabled, and to prevent the fixing member from being assembled to the base so as to be directed in a wrong direction opposite to the forward direction (see Figure 2 and paragraph [0061]).
Regarding claim 11, Hoffstetter discloses the fixing member (10; 20, 30, 40) and the assembly counterpart member (50) include guide portions (23, 55) configured to guide movement of the fixing member when the fixing member is assembled so as to be rotated in the fitting perpendicular direction while being inserted into the assembly counterpart member in a direction oblique to the fitting perpendicular direction (see Figure 2).
Regarding claim 12, Hoffstetter discloses a fixing member (10; 20, 30, 40) for fixing a fixing target member (60) to a base (50; see Figures 2-7 and annotated Figure 1 above), wherein
one of the base and the fixing target member has a fitting hole, and another of the base and the fixing target member has a portion fitted into the fitting hole (see annotated Figure 1 above),
the one, of the base and the fixing target member, having the fitting hole is defined as an assembly counterpart member (50), and the fixing member is assembled to the assembly counterpart member (see Figure 5), and
the fixing member comprises
a prevention portion (32) configured to project into the fitting hole in a fitting perpendicular direction which is a direction perpendicular to a fitting direction of the base and the fixing target member, and be fitted into a recess formed on the other, of the base and the fixing target member, which is not the assembly counterpart member, to prevent the fixing target member from being pulled out from the base (see paragraphs [0066]-[0068]),
an operation portion (at 34) which is formed integrally (i.e. as a unit) with the prevention portion and on which an operation of moving the prevention portion from a projection position at which the prevention portion projects into the fitting hole to a withdrawn position at which the prevention portion is withdrawn from the fitting hole is performed, an operating direction of the operation being defined as the fitting perpendicular direction (see Figure 6 vs. Figure 7), and
an elastic deformation portion (40) formed integrally (i.e. as a unit) with the prevention portion and the operation portion, and configured to become elastically deformed so as to permit movement of the prevention portion to the withdrawn position when the operation is performed, and to return the prevention portion to the projection position by a repulsive force of the elastic deformation of the elastic deformation portion when the operation is released (see Figure 6 vs. Figure 7, and paragraph [0068]).
Allowable Subject Matter
Claims 2, 7-9, and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 2, Hoffstetter discloses the fixing structure according to claim 1, but fails to disclose the elastic deformation portion (40) is an elastic piece having one end connected to the fixing member (10; 20, 30, 40) or the assembly counterpart member (50) and having another end as a free end,
the free end is provided so as to come into contact with a portion of the assembly counterpart member or a portion of the fixing member,
the elastic piece is provided such that a direction from the one end to the other end thereof is oblique to the operating direction, and
when the operation is performed, the elastic piece becomes elastically deformed while causing the free end to slide on a surface of the portion of the assembly counterpart member or the portion of the fixing member in a direction perpendicular to the operating direction.
Hoffstetter instead discloses a coil spring which is sleeved on a portion (31) of the fixing member (10; 20, 30, 40), therefore providing two “free” ends, where the elastic piece is provided such that a direction from the one end to the other end thereof is in line with the operating direction. The prior art fails to fairly show or suggest a modification to Hoffstetter such to meet the aforementioned deficiencies set forth in claim 2. Further, such a modification would teach away from the intended structure of Hoffstetter in that the housing (20) portion of the fixing member would need to be modified in order to allow for such oblique movement. Further still, such an oblique movement would teach away from the simplistic, in line, motion of the elastic piece of Hoffstetter.
Regarding claims 7-9 and 14, Hoffstetter discloses the fixing structure according to claim 1, wherein the fixing member (10; 20, 30, 40) has a body portion (20) forming a cavity (shown accepting elastic deformation portion 40) between the prevention portion (34) and the operation portion (32),
the prevention portion projects from the body portion toward the cavity side (see Figure 2), and
the operating direction is defined as a direction in which the operation portion is pushed (see Figure 6 vs. Figure 7).
Hoffstetter fails to disclose the fixing member (10; 20, 30, 40) is assembled to the assembly counterpart member (50) such that a hole-forming portion, forming the fitting hole (see annotated Figure 1 above), of the assembly counterpart member is fitted into the cavity. The prior art fails to fairly show or suggest a modification to Hoffstetter such that the fixing member is assembled to the assembly counterpart member such that a hole-forming portion, forming the fitting hole, of the assembly counterpart member is fitted into the cavity. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Hoffstetter, given the fixing member is fixed at a location wholly outside the fitting hole, except for the preventing portion (34) which protrudes into the fitting hole (see Figure 7). Such a modification would therefore require extensive changes to Hoffstetter which would teach away from the intended structure of Hoffstetter.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to Applicant's disclosure in the field of fixing structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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, Amber Anderson can be reached on (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
July 16, 2026
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