DETAILED ACTION
This is a first Non-Final Office Action on the merit in response to the application filed 09/21/23. This application claims benefit from a provisional filed 09/23/22. Claims 1-12 are currently pending yet all are rejected as detailed below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “78” has been used to designate both the “inner diameter” of the base portion [see Fig. 1B] and the “second part” of the Z-shape [see Fig. 1C].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Shely
Claim(s) 1 and 3-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shely et al. (U.S. Patent No. 4,640,479). Shely is directed to a strain relief grommet. See Abstract.
Claim 1: Shely discloses an energy absorbing bushing [see Figs. 2-4], comprising: a base portion (28) and a tubular portion [see Fig. 3 (right of 28)] extending generally transverse the base portion, wherein the base portion has an inner diameter and an outer diameter and upper and lower surfaces bounded by the diameters, wherein the tubular portion has a bearing portion (between 28 and 30) with an outer diameter less than the outer diameter of the base portion, and an inner diameter that is substantially the same as the inner diameter of the base portion, wherein a working portion (30) of the tubular portion is adjacent the bearing portion, the working portion having an inner diameter that is substantially the same as the inner diameter of the bearing portion, and an outer diameter that is greater than the outer diameter of the bearing portion; wherein a lead-in portion (at 44 of 34) is adjacent the working portion, the lead-in portion angled radially inward so that an inner diameter of the lead in portion is smaller than the inner diameter of the working portion, wherein a nose portion (32) is adjacent the lead-in portion, the nose portion having a tapered shape, and a split [see Fig. 4] that extends axially from the nose portion to the base portion. See Figs. 2-4.
Claim 3: Shely discloses that the bushing is unitary, one piece and integrally formed. See Figs. 2-4.
Claim 4: Shely discloses that the bushing is constructed of plastic. See claim 1 (“a plastic strain relief eyelet device…”).
Claim 5: Shely discloses that the split is Z-shaped having three parts that are angled with respect to one another. See Fig. 4 (at 38).
Claim 6: Shely discloses that a first part of the split extends through the base at a first angle. See Figs. 2, 4 (at 42)
Claim 7: Shely discloses that a second part of the split extends at least partially through the bearing portion at a second angle different than the second angle. See Fig. 4 (at 36/38).
Claim 8: Shely discloses that a third part of the split extends at least partially through lead-in portion at a third angle different than the second angle. See Fig. 2 (split extends through 34).
Claim 9: Shely discloses an energy absorbing bushing, comprising: a base portion (28) and a tubular portion [see Fig. 3 (right of 28)] attached to the base portion, and a split extending through the base portion and the tubular portion to provide the bushing with a C-shaped cross-section [see Fig. 4], wherein the split is defined by three portions each at a different angle with respect to one another. See Figs. 2-4 (compare split at 42, 36/38, and 34).
Claims 10-12: see claims 6-9 above, respectively.
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.
Shely in view of Galloway
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shely in view of Galloway (GB 1132954). Galloway is directed to anti-vibration mounting elements. See Abstract.
Claim 2: Shely is relied upon as in claim 1 but does not disclose that the base has a constant thickness. Galloway also discloses an energy absorbing bushing, in particular, a grommet, that discloses that the base can have either a varied thickness (very similar to the base in Shely) [see Fig. 4] or a constant thickness [see Fig. 3]. Compare Figs. 3 and 4. It would have been obvious to a person having ordinary skill in the art at the effective filing date of the invention for the base portion to have a constant thickness because this is a design feature that is selected based on spacing considerations, installation considerations and/or intended uses. Galloway discloses that different types of base portions can be employed for grommets, including the type in Shely [Fig. 4] or the type in this claim limitation.
Conclusion
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VISHAL SAHNI
Primary Examiner
Art Unit 3657
/VISHAL R SAHNI/Primary Examiner, Art Unit 3616 December 9, 2025