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 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 (i.e., changing from AIA to pre-AIA ) 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 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) 1-7 and 9-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lange et al. (U.S. 8,371,788).
As for Claim 1, Lange discloses a clip fastener for cooperating with a counter clip fastener, comprising:
a base portion (body of 14),
a pair of first members (66) extending from the base portion (see Fig. 1),
a pair of second members (28) extending from the base portion (see Fig. 1),
a support member (16) extending from the base portion (see Fig. 1),
a pair of connection portions (20) extending from the base portion (see Fig. 1),
wherein the pair of the second members is located between the pair of the first members (see Figs. 1-2), wherein the support member is located between the pair of the second members (see Figs. 1-2), wherein one of the pair of the connection portions is located between and connected with the support member and one of the pair of the second members (see Figs. 1-2), while the other one of the pair of the connection portions is located between and connected with the support member and the other one of the pair of the second members (see Figs. 1-2), wherein each of the pair of the connection portions includes a cut (18) located adjacent to a respective one of the pair of the second members (see Figs. 1-2), and
wherein each one of the first members (66) are configured to prevent the counter clip fastener from moving away from the clip fastener in a first, unbent position and allow the counter clip fastener to move away from the clip fastener in a second, bent position (Applicant fails to positively claim the combination of the clip and the counter clip and therefor the counter clip fastener is not given any patentable weight).
2. The clip fastener according to claim 1, wherein the pair of the first members together with the pair of the second members are adapted to engage with and retain the counter clip fastener (see Fig. 5 disclosing the clip 14 engaging and retaining counter clip 12).
3. The clip fastener according to claim 1, wherein the support member is adapted to support the counter clip fastener (see Col. 4 lines 22-32, disclosing 16 supporting 12).
4. The clip fastener as claimed in claim 1, wherein the support member is configured to guide the counter clip fastener with respect to the clip fastener (see Col. 4 lines 22-32 disclosing 16 being a means to guide 12 in connection with 14).
5. The clip fastener as claimed in claim 1, wherein the pair of the second members is configured to exert force pushing the counter clip fastener away from the clip fastener when assembled together (see Col. 6 lines 5-14, which discloses 28 engaging 32 of the counter clip 12 by applying a forcing after deformation to retain portion 62 on surface 32 of 12).
6. The clip fastener as claimed in claim 5, wherein each one of the pair of the second members is configured to elastically bend towards the base portion by the counter clip fastener when assembled together (see Col. 6 lines 5-14, which discloses 28 engaging 32 of the counter clip 12 by applying a forcing after deformation to retain portion 62 on surface 32 of 12 ).
7. The clip fastener as claimed in claim 1, wherein the pair of the first members is configured to prevent the counter clip fastener from moving away from the clip fastener when assembled together (see Fig. 5 disclosing distal ends of 66 which retains counter clip 12 by engaging members 44).
9. The clip fastener as claimed in claim 1, wherein the pair of the two first members (66) protrudes from the base portion further than the pair of the two second members (see Fig. 3 disclosing member 66 protruding further from portion 20 in a direction non perpendicular to the surface of 20).
10. The clip fastener as claimed in claim 1, wherein each cut is located at a side of the connection portions that are facing away from the base portion (see Fig. 3 disclosing cuts 18 facing away from a top surface of 14).
As for Claim 11, Lange discloses an assembly comprising:
a first part (14) including a clip fastener for cooperating with a counter clip fastener, including:
a base portion (body of 14),
a pair of first members (66) extending from the base portion,
a pair of second members (28) extending from the base portion,
a support member (16) extending from the base portion,
a pair of connection portions (30) extending from the base portion, wherein the pair of the second members is located between the pair of the first members, wherein the support member is located between the pair of the second members (see Fig. 3), wherein one of the pair of the connection portions is located between and connected with the support member and one of the pair of the second members (see Fig. 3) while the other one of the pair of the connection portions is located between and connected with the support member and the other one of the pair of the second members (see Fig. 3), wherein each of the pair of the connection portions includes a cut (18) located adjacent to a respective one of the pair of the second members; and a second part (12) including the counter clip fastener with a first portion (44) adapted to engage with the pair of the two first members (66) of the clip fastener (see Fig. 5 disclosing members 66 engaging members 44), and
wherein each one of the first members (66) are configured to prevent the counter clip fastener from moving away from the clip fastener in a first, unbent position and allow the counter clip fastener to move away from the clip fastener in a second, bent position (Applicant fails to positively claim the combination of the clip and the counter clip and therefor the counter clip fastener is not given any patentable weight).
12. The assembly as claimed in claim 11, wherein the counter clip fastener includes a second portion (40) adapted to engage with the pair of the two second members (28) of the clip fastener (see Fig. 5 disclosing portion 28 engaging with portion 32).
13. The assembly as claimed in claim 11, wherein the counter clip fastener includes an opening (60 with counterbore 26) adapted to engage with the support member of the clip fastener.
14. The assembly as claimed in claim 11, wherein each one of the pair of the second members is configured to elastically bend towards the base portion (see Col. 6 lines 5-14, which discloses 28 engaging 32 of the counter clip 12 by applying a forcing after deformation to retain portion 62 on surface 32 of 12), wherein the counter clip fastener includes a second portion (32) adapted to engage with the pair of the two second members so that when the clip fastener and the counter clip fastener are assembled together, the second portion elastically bends each one of the pair of the second members towards the base portion (see Col. 6 lines 5-14, which discloses 28 engaging 32 of the counter clip 12 by applying a forcing after deformation to retain portion 62 on surface 32 of 12 and Fig. 5).
15. The clip fastener as claimed in claim 11, wherein each cut is located at a side of the connection portions which are facing away from the base portion (see Fig. 3).
16. The assembly as claimed in claim 14, wherein each one of the pair of the second members bends towards the base portion within the respective cut of each of the pair of the connection portions (see Col. 6 lines 5-14, which discloses 28 engaging 32 of the counter clip 12 by applying a forcing after deformation to retain portion 62 on surface 32 of 12 ).
17. The assembly as claimed in claim 11, wherein the first part is a heat exchanger (see abstract disclosing part 14 is a part of a vehicle undercover panel of a component of exhaust pipe, fuel lines and/or brake line, see also Col. 1 lines 19-22).
18. The assembly as claimed in claim 17, wherein the second part is any one of an air duct, a stone guard, a fan unit or another heat exchanger (see abstract disclosing part 12is a part of a vehicle undercover panel of a component of exhaust pipe, fuel lines and/or brake line, see also Col. 1 lines 19-22).
19. The assembly as claimed in claim 11, wherein the pair of the first members ( 66) is configured to prevent the counter clip fastener from moving away from the clip fastener when assembled together (Applicant fails to positively claim the combination of the clip and the counter clip and therefor the counter clip fastener is not given any patentable weight).
As for Claim 20 , Lange discloses a clip fastener for cooperating with a counter clip fastener, comprising:
a base portion (body of 14),
a pair of first members (66) extending from the base portion,
a pair of second members (28) extending from the base portion,
a support member (16) extending from the base portion,
a pair of connection portions (20) extending from the base portion,
wherein the pair of second members is located between the pair of first members (see Figs. 1-2), wherein the support member is located between the pair of the second members (see Figs. 1-2), wherein one of the pair of the connection portions is located between and connected with the support member and one of the pair of the second members (see Figs. 1-2), while the other one of the pair of the connection portions is located between and connected with the support member and the other one of the pair of the second members (see Figs. 1-2), wherein each of the pair of connection portions includes a cut (18) located adjacent to a respective one of the pair of the second members,
wherein the pair of the first members ( 66) is configured to prevent the counter clip fastener from moving away from the clip fastener when assembled together (Applicant fails to positively claim the combination of the clip and the counter clip and therefor the counter clip fastener is not given any patentable weight), and
wherein each one of the first members are configured to prevent the counter clip fastener from moving away from the clip fastener in a first, unbent position and allow the counter clip fastener to move away from the clip fastener in a second, bent position (Applicant fails to positively claim the combination of the clip and the counter clip and therefor the counter clip fastener is not given any patentable weight).
Allowable Subject Matter
Claim 8 is 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.
Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
In response to applicant's argument Lange fails to disclose wherein the pair of the first members is configured to prevent the counter clip fastener from moving away from the clip fastener when assembled together, is 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.
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 DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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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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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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