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 Objections
Claim 1 is objected to because of the following informalities: In the last two lines, the phrase “the central section” should be replaced by --a central section--. Appropriate correction is 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.
Claim(s) 12-17 and 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jackson, Jr. et al. (US 7,226,260).
Regarding claim 12, Jackson, Jr. et al. discloses an apparatus comprising:
a spring elastic base body (10) with a centrally arranged substantially U-shaped recess (defined by arms 22 and base 12 visible in profile in Fig. 2) for receiving the pin-like first part and with two side legs (22) delimiting the recess, wherein the first side leg comprises a first inner side arm (Fig. 2 as annotated below) and a first outer side arm (Fig. 2 as annotated below) and the second side leg comprises a second inner side arm (Fig. 2 as annotated below) and a second outer side arm (Fig. 2 as annotated below), wherein the first and second inner side arms, forming an apex (12) of the U-shape of the U-shaped recess, being connected to each other at their first ends and a second end of the first inner side arm, forming an inflection point, being connected to a first end of the first outer side arm (Fig. 2 as shown), and a second end of the second inner side arm, forming an inflection point, being connected to a first end of the second outer side arm (Fig. 2 as shown),
wherein a second end (40) of the first outer side arm and a second end (40) of the second outer side arm each project laterally with the outer side of an arched section into the U-shaped recess in the section of its apex (Fig. 2 as shown),
wherein the arched sections have convex outer surfaces (Fig. 2 shows wherein arched sections are concave in shape within the interior of the recess), and
wherein the pin-like first part can be compressed by the arched sections via spring-load (The claim construction currently fails to positively claim the pin in combination with the clip. Currently, only the structures of the clip are required and be capable of performing with a pin. A pin with a widened base can be inserted in to the opening from the recess side wherein the widened portion is pressed by the bent ends 26).
Regarding claim 13, Jackson, Jr. et al. further discloses wherein the arched sections project into the recess in a convex shape opposite one another and with mirror symmetry (Fig. 2 as shown).
Regarding claim 14, Jackson, Jr. et al. further discloses wherein the arched sections are movable in an orthogonal direction to a surface course of the inner side arms and can be spring-loaded (the device as shown in Figs. 2 and 4 performs in the claimed manner such that bent ends 26 can bend such that the arched sections move in an orthogonal direction to the side arms).
Regarding claim 15, Jackson, Jr. et al. further discloses wherein the arched sections each comprise a first width extension, wherein a length of the first width extension is less than a length of a second width extension of the first and second outer side arms (Fig. 1 show wherein the arched section is narrower than the outer arms).
Regarding claim 16, Jackson, Jr. et al. further discloses wherein the arched sections are each arranged in a pass-through opening (42) of the first and the second inner side arm.
Regarding claim 17, Jackson, Jr. et al. further discloses wherein first spring element hooks (18) projecting laterally into the U-shaped recess beyond the arched sections to retain the pin-like first part.
Regarding claim 20, Jackson, Jr. et al. further discloses wherein each arched section forms an S-shaped course together with an adjacent curved section of the first and second outer side arms (as best understood Fig. 2 as annotated above includes a box surrounding a region wherein the arch and inner arm together form an S-shape).
Regarding claim 21, Jackson, Jr. et al. further discloses wherein a first outer arm (30) arranged outside the first outer side arm and a second outer arm (30) arranged outside the second outer side arm, which are each elastically movable (Column 4, lines 44-50 describes the elastic resiliency of the arms 30) in a direction orthogonal to a longitudinal axis of the retaining clip.
Regarding claim 22, Jackson, Jr. et al. further discloses wherein the apex of the U-shaped recess is at an end of the second part opposite to the opening of the second part (Fig. 2 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson, Jr. et al. (US 7,226,260) further in view of Benedetti (US 2019/0113060) and Postadan (US 6,095,734).
Regarding claim 1, Jackson, Jr. et al. discloses an apparatus comprising:
a spring elastic base body (10) with a centrally arranged substantially U-shaped recess (defined by arms 22 and base 12 visible in profile in Fig. 2) for receiving the pin-like first part and with two side legs (22, 40) delimiting the recess, wherein the first side leg comprises a first inner side arm (Fig. 2 as annotated below) and a first outer side arm (Fig. 2 as annotated below) and the second side leg comprises a second inner side arm (Fig. 2 as annotated below) and a second outer side arm (Fig. 2 as annotated below), wherein the first and second inner side arms, forming an apex (12) of the U-shape of the U-shaped recess, being connected to each other at their first ends and a second end of the first inner side arm, forming an inflection point, being connected to a first end of the first outer side arm (Fig. 2 as shown), and a second end of the second inner side arm, forming an inflection point, being connected to a first end of the second outer side arm (Fig. 2 as shown),
wherein the first and second inner side arms are inclined towards a center of the U-shaped recess in an upper region of the recess, opposite to a lower region of the recess where the apex of the U-shaped recess sits (Fig. 2 as shown),
wherein the pin-like first part is introduced into the recess in a direction from the upper region to the lower region (a pin can be inserted into the recess in the manner as claimed),
wherein a second end (40) of the first outer side arm and a second end (40) of the second outer side arm each project laterally with the outer side of an arched section into the U-shaped recess in the section of its apex (Fig. 2 as shown), and
wherein the arched sections have convex outer surfaces, the arched sections being designed to act against an outer surface of the pin-like first part in order to stabilize the pin-like first part in a region adjacent to the apex of the U-shaped recess (Fig. 2 shows wherein arched sections are concave in shape within the interior of the recess and are capable acting against an outer surface of a pin within the recess).
Jackson, Jr. fails to disclose wherein first spring element hooks project laterally into the U-shaped recess beyond the arched sections to retain the pin-like first part, wherein the first spring element hooks relative to a third width extension of the first and second inner side arms, are arranged on an edge of the inner side arms.
Benedetti teaches a device wherein barbs (52, 60) are provided on edges of side arms (16, 18).
From this teaching of Benedetti, it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the need to provide additional structures to stabilize an inserted threaded fastener. The current structure would leave the fastener unsupported beyond the nut base making the structure susceptible to moments about axes perpendicular to the central axis of the aperture at 14. Adding auxiliary gripping structures such as the barbs of Benedetti to the interior arms would further stabilize the structure preventing an inserted fastener from damaging the structure and ensuring the fastener remains coaxial with the central axis of the device.
Jackson, JR. et al. further fails to disclose wherein second spring element hooks project laterally into the U-shaped recess between the first spring element hooks and the opening and, with respect to the third width extension of the first and second inner side arms, are arranged in the central section on the inner side arms.
Postadan et al. teach tabs (31a, 31b) projecting laterally into U-shaped openings (33).
From this teaching of Postadan et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the need to provide additional structures to stabilize an inserted threaded fastener. The current structure would leave the fastener unsupported beyond the nut base making the structure susceptible to moments about axes perpendicular to the central axis of the aperture at 14. Adding auxiliary gripping structure tabs to the exterior arms that extends through a central section of the inner arms together with the barbs of Benedetti would further stabilize the structure preventing an inserted fastener from damaging the structure and ensuring the fastener remains coaxial with the central axis of the device.
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Figure 2 as annotated from Jackson, Jr. et al.
Regarding claims 2, Jackson, Jr. et al. further discloses wherein the arched sections project into the recess in a convex shape opposite one another and with mirror symmetry (Fig. 2 as shown).
Regarding claims 3, Jackson, Jr. et al. further discloses wherein the arched sections are movable in an orthogonal direction to a surface course of the inner side arms and can be spring-loaded (the device as shown in Figs. 2 and 4 performs in the claimed manner such that bent ends 26 can bend such that the arched sections move in an orthogonal direction to the side arms).
Regarding claims 4, Jackson, Jr. et al. further discloses wherein the arched sections each comprise a first width extension, wherein a length of the first width extension is less than a length of a second width extension of the first and second outer side arms (Fig. 1 show wherein the arched section is narrower than the outer arms).
Regarding claims 5, Jackson, Jr. et al. further discloses wherein the arched sections are each arranged in a pass-through opening (42) of the first and the second inner side arm.
Regarding claims 9, Jackson, Jr. et al. further discloses wherein each arched section forms an S-shaped course together with an adjacent curved section of the first and second outer side arms (as best understood Fig. 2 as annotated above includes a box surrounding a region wherein the arch and inner arm together form an S-shape).
Regarding claims 10, Jackson, Jr. et al. further discloses wherein a first outer arm (30) arranged outside the first outer side arm and a second outer arm (30) arranged outside the second outer side arm, which are each elastically movable (Column 4, lines 44-50 describes the elastic resiliency of the arms 30) in a direction orthogonal to a longitudinal axis of the retaining clip.
Regarding claims 11, Jackson, Jr. et al. further discloses wherein the apex of the U-shaped recess is at an end of the second part opposite to the opening of the second part (Fig. 2 as shown).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson, Jr. et al. as applied to claim 17 above, and further in view of Benedetti.
Regarding claim 18, Jackson, Jr. et al. discloses the invention except for wherein the first spring element hooks, relative to a third width extension of the first and second inner side arms, are arranged on an edge of the inner side arms.
Benedetti teaches a device wherein first spring element hooks (52, 60) are provided on edges of side arms (16, 18).
From this teaching of Benedetti, it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the need to provide additional structures to stabilize an inserted threaded fastener. The current structure would leave the fastener unsupported beyond the nut base making the structure susceptible to moments about axes perpendicular to the central axis of the aperture at 14. Adding auxiliary gripping structures such as the barbs of Benedetti to the interior arms would further stabilize the structure preventing an inserted fastener from damaging the structure and ensuring the fastener remains coaxial with the central axis of the device.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson, Jr. et al. as applied to claim 17 above, and further in view of Postadan et al.
Regarding claim 19, Jackson, Jr. et al. further discloses wherein second spring element hooks, which project laterally into the U-shaped recess above the first spring element hooks and, with respect to a third width extension of the first and second inner side arms, are arranged in the central section on the inner side arms.
Postadan et al. teach second spring hooks (31a, 31b) projecting laterally into U-shaped recesses (Fig. 3 as shown).
From this teaching of Postadan et al., it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the need to provide additional structures to stabilize an inserted threaded fastener. The current structure would leave the fastener unsupported beyond the nut base making the structure susceptible to moments about axes perpendicular to the central axis of the aperture at 14. Adding auxiliary gripping structure tabs to the exterior arms would further stabilize the structure preventing an inserted fastener from damaging the structure and ensuring the fastener remains coaxial with the central axis of the device.
Response to Arguments
Applicant's arguments filed 09 January 2026 have been fully considered but they are not persuasive.
Regarding the claim objections, it is unclear how Applicant’s amendments have addressed the issue of antecedent basis and the objection is maintained.
As noted above, Applicant’s comments regarding the pin in claim 12 do not appear to overcome the rejection as it is currently unclear if the pin is being claimed in combination with the clip. Applicant’s arguments regarding claim 12 are not persuasive.
Regarding claim, Applicant argues “no further stabilizing elements are provided, as none are necessary,” due to the enclosed shape of the fasteners. The enclosed nature of the fasteners does not equate to an absence instability and the addition of the modifying stabilizing structures is still considered reasonable for the stated reasons.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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