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 .
Application Status
Claims 1-6 are pending and have been examined in this application.
This communication is the first action on the merits.
Claims 1-6 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 01/08/2024 and reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot because the arguments do not apply to the current interpretation of the Gustavsson. Additionally, the arguments are not persuasive.
In response to applicant's argument that the base portion of the neck part is not positioned inside the mounting hole in the attached state, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the base portion of the neck part is capable being positioned inside the mounting hole depending on the depth of the hole of the target member which is not a positively required structure of the claimed invention.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of pre-AIA 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 1-6 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Gustavsson (U.S. Pat. No. 7246797 B2).
Regarding claim 1, Gustavsson teaches a mounting rubber member (one of 1-4 as shown in Figs. 3-5 and/or 14 & Col. 2; lines 18-20) for a vehicle, the mounting rubber member being configured to be mounted to a surface of a mounting target member (5, 10) of the vehicle, the mounting rubber member comprising:
a mounting shaft part (lower elongated portion of 1 or element 64) that protrudes toward a mounting direction from a mounting surface (top surface of 1) of the mounting rubber member configured to be overlapped with the surface of the mounting target member and is configured to be inserted into a mounting hole (hole of 5 as shown in Fig. 4) of the mounting target member, wherein
the mounting shaft part comprises a neck part (G1; see annotated figure below) that is configured to be positioned inside the mounting hole of the mounting target member,
the mounting shaft part comprises, in a circumferential direction, a plurality of locking parts (25-28) that protrude on an outer circumferential surface and are configured to be locked to a back surface (rear surface of 12 and/or opening defined by 7) of the mounting target member at a portion that protrudes from the mounting hole of the mounting target member to a back surface side in an attached state of the mounting rubber member to the mounting target member, a tip portion (end portion of neck portion) of the neck part is formed with a recess (recess receiving portion G2 of 5 see annotated figure below) that extends in the circumferential direction on a base side (side of 48) of the locking part,
a base portion (G3 see annotated figure below) of the neck part is off the recess and has a diameter larger than that of the tip portion of the neck part, and
the tip portion of the neck part and the base portion of the neck part are configure to be positioned inside the mounting holes in the attached state of the mounting rubber member to the mounting target member [capable/depending on the depth of the holes of the target member].
PNG
media_image1.png
421
516
media_image1.png
Greyscale
Regarding claim 2, Gustavsson teaches wherein the recess (portion receiving G3) is continuously provided over an entire circumference.
Regarding claim 3, Gustavsson teaches wherein the diameter of the base portion of the neck part is larger than a diameter of an insertion tip part (lower tip part of 1) located on a tip side of the locking part.
Regarding claim 4, Gustavsson teaches wherein in a longitudinal section at a position at which the locking part is provided, the recess has an area (surface area of 29) that is configured to be recessed toward an inner circumference more inward than the mounting hole (12) and is set to be 60% or more of an area of a portion of the locking part (26) that is configured to protrude toward an outer circumference more outward than the mounting hole.
Regarding claim 5, Gustavsson teaches wherein the recess (defined by 29) has a groove width dimension that is set within a range of 60 to 150% with respect to a protrusion height (height of protrusion defined by 26) dimension of the locking part from the outer circumferential surface of the mounting shaft part.
Regarding claim 6, Gustavsson teaches a pressing operation part (head part 48) to which an external force for inserting the mounting shaft part into the mounting hole is applied [capable/intended use], the pressing operation part being integrally formed on an axial extension of the mounting shaft part (lower elongated portion of 1 or element 64) on a base side of the mounting shaft part.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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, Jonathan Liu can be reached at 5712728227. 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.
MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/Primary Examiner, Art Unit 3631
Prosecution Insights