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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9, 17-22, 25-27, 36, and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2,791,007 to Kobil et al. in view of GB 2 290 577 A to Cuthbertson in view of US 3,704,563 to Waller.
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Regarding claim 1, Kobil discloses a self-cinching clip (20; See Figure above) device comprising: a base plate (See Figure above), the base plate comprising a screw boss (See Figure above); the screw boss defining an oblong fastener aperture (See Figure above); wherein the aperture has a first side (first end of 21 distal from 4, Fig.4) and a second side opposite the first side (second end of 21, proximal 4) along an axis interconnecting the foot member and the retention lip; a foot member (See Figure above), wherein the foot member is disposed on a first end of the base plate (See Figure above); a retention lip (See Figure above), wherein the retention lip is disposed on a second end of the base plate (See Figure above), the second end opposite the first end (See Figure above).
Kobil does not disclose a sloped surface, wherein the sloped surface is adjacent the oblong fastener aperture; and wherein the sloped surface has a first side and a second side opposite the first side along an axis interconnecting the foot member and the retention lip, wherein the first side has a larger diameter than the second side.
Cuthbertson discloses a sloped surface, wherein the sloped surface is adjacent the fastener aperture (10, Fig.4).
Waller discloses wherein the aperture has a first side and a second side opposite the first side, wherein the first side has a larger diameter than the second side (Fig.2 and 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed a sloped surface adjacent the aperture of Kobil as taught by Cuthbertson so to provide a countersunk hole, thereby ensuring the fastener snugly fits into the aperture and also allowing the fastener to drop below the surface of the base plate surface.
It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the aperture of Kobil having ends with different diameters as taught by Waller so to provide flexibility when installing the clip device both allowing adjustability of the clip and also allowing the fasteners to be installed in the desired positions before the clips are installed.
Regarding claim 2, Kobil in view of Cuthbertson discloses wherein the aperture has a sloped surface but does not specifically disclose wherein the sloped surface is sloped at a countersink angle of 65 to 120 degrees.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have cut the slope of the aperture to between 65 to 120 degrees to match the typical slope of known, used fasteners. Fasteners are known to typically have a slope of the heads about 82 degrees to about 120 degrees and therefore matching the fastener to the countersink will provide a clean, snug fit between the clip and the fastener.
Regarding claim 3, Kobil does not disclose wherein the self-cinching clip device is formed of an injection molded or 3D printed polymer but the limitation “injection molded or 3D printed” is deemed a product by process limitation.
Cuthbertson discloses forming window clip devices from a plastic or non-ferrous metal material (Page 2, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the clip device of Kobil from a polymer material as taught by Cuthbertson so to provide a cheaper, yet durable clip, thereby ensuring a taut and secure connection at a lower cost. Further, the polymer/plastic clip can be more quickly manufactured.
Regarding claim 4, Kobil discloses a spring clip which would allude to a metallic material but Kobil does not specifically disclose wherein the self-cinching clip device is at least partially formed of a metal.
Cuthbertson discloses forming window clip devices from a plastic or non-ferrous metal material (Page 2, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the clip device of Kobil from a metallic material as taught by Cuthbertson so to provide a structurally strong clip which can be mechanically bent into shape, and further can provide a strong securing force against the window glazing of the fenestration unit.
Regarding claim 5, Kobil discloses the foot member comprising an end surface (See Figure above), wherein the end surface is configured to make contact with and exert a force against a panel or a glazing unit in a direction substantially parallel to an axis interconnecting the foot member and the retention lip (Fig.5).
Regarding claim 6, Kobil discloses the foot member comprising one or more connection mechanisms (See Figure above; capable of being used to connect profiles).
Regarding claim 7, Kobil discloses wherein the one or more connection mechanisms are arranged to extend backward from the foot member in a direction toward the retention lip (See Figure above; capable of being used to connect profiles).
Regarding claim 8, Kobil discloses the one or more connection mechanisms comprising one or more snap fit tabs (See Figure above; capable of being used as a snap fit connector to connect profiles).
Regarding claim 9, Kobil in view of Waller disclose wherein the shape of the aperture is defined by portions of two interconnected holes (32, 34, Fig.2, 4).
Cuthbertson discloses the sloped surfaces of the countersunk apertures.
Regarding claim 17, Kobil discloses a fenestration unit comprising: a structural member (1, 7, 10); a panel or glazing unit (4); and a self-cinching clip device (20; see Figure above), the self-cinching clip device comprising a base plate (See Figure above), the base plate comprising a screw boss (See Figure above); the screw boss defining an oblong fastener aperture (See Figure above); a foot member (See Figure above), wherein the foot member is disposed on a first end of the base plate (See Figure above); wherein the self-cinching clip device is connected to the structural member and exerts a force against the panel or glazing unit (Fig.5).
Kobil does not disclose a sloped surface, wherein the sloped surface is adjacent the oblong fastener aperture; and wherein the sloped surface has a first side and a second side opposite the first side along an axis interconnecting the foot member and the retention lip, wherein the first side has a larger diameter than the second side.
Cuthbertson discloses a sloped surface, wherein the sloped surface is adjacent the fastener aperture (10, Fig.4).
Waller discloses wherein the aperture has a first side and a second side opposite the first side, wherein the first side has a larger diameter than the second side (Fig.2 and 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed a sloped surface adjacent the aperture of Kobil as taught by Cuthbertson so to provide a countersunk hole, thereby ensuring the fastener snugly fits into the aperture and also allowing the fastener to drop below the surface of the base plate surface.
It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the aperture of Kobil having ends with different diameters as taught by Waller so to provide flexibility when installing the clip device both allowing adjustability of the clip and also allowing the fasteners to be installed in the desired positions before the clips are installed.
Regarding claim 18, Kobil discloses the self-cinching clip device further comprising a retention lip (See Figure above), wherein the retention lip is disposed on a second end of the base plate, the second end opposite the first end (See Figure above).
Regarding claim 19, Kobil in view of Cuthbertson discloses wherein the aperture has a sloped surface but does not specifically disclose wherein the sloped surface is sloped at a countersink angle of 65 to 120 degrees.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have cut the slope of the aperture to between 65 to 120 degrees to match the typical slope of known, used fasteners. Fasteners are known to typically have a slope of the heads about 82 degrees to about 120 degrees and therefore matching the fastener to the countersink will provide a clean, snug fit between the clip and the fastener.
Regarding claim 20, Kobil discloses the foot member comprising an end surface (See Figure above), wherein the end surface is configured to make contact with and exert a force against the panel or the glazing unit in a direction substantially parallel to an axis interconnecting the foot member and the retention lip (Fig.5).
Regarding claim 21, Kobil discloses the foot member comprising one or more connection mechanisms (See Figure above; capable of being used to connect profiles).
Regarding claim 22, Kobil discloses wherein the one or more connection mechanisms are arranged to extend backward from the foot member in a direction toward the retention lip (See Figure above; capable of being used to connect profiles).
Regarding claim 25, Kobil in view of Waller disclose wherein the shape of the aperture is defined by portions of two interconnected holes (32, 34, Fig.2, 4).
Cuthbertson discloses the sloped surfaces of the countersunk apertures.
Regarding claim 26, Kobil discloses a fenestration unit comprising: a first component (1, 7, 10); a second component (4); and a self-cinching device (20; See Figure above), the self-cinching device comprising a base plate (See Figure above), the base plate comprising a screw boss (See Figure above); the screw boss defining an oblong fastener aperture (See Figure above); a foot member (See Figure above), wherein the foot member is disposed on a first end of the base plate (See Figure above); wherein the self-cinching device is connected to the first component (Fig.5) and exerts a force against the second component (Fig.5).
Kobil does not disclose a sloped surface, wherein the sloped surface is adjacent the oblong fastener aperture; and wherein the sloped surface has a first side and a second side opposite the first side along an axis interconnecting the foot member and the retention lip, wherein the first side has a larger diameter than the second side.
Cuthbertson discloses a sloped surface, wherein the sloped surface is adjacent the fastener aperture (10, Fig.4).
Waller discloses wherein the aperture has a first side and a second side opposite the first side, wherein the first side has a larger diameter than the second side (Fig.2 and 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed a sloped surface adjacent the aperture of Kobil as taught by Cuthbertson so to provide a countersunk hole, thereby ensuring the fastener snugly fits into the aperture and also allowing the fastener to drop below the surface of the base plate surface.
It also would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the aperture of Kobil having ends with different diameters as taught by Waller so to provide flexibility when installing the clip device both allowing adjustability of the clip and also allowing the fasteners to be installed in the desired positions before the clips are installed.
Regarding claim 27, Kobil discloses the self-cinching device further comprising a retention lip (See Figure above), wherein the retention lip is disposed on a second end of the base plate, the second end opposite the first end (See Figure above).
Regarding claim 36, Kobil discloses wherein the screw boss is configured to receive a fastener (See Figure above), and wherein interfacing the fastener with the sloped surface of the screw boss generates the force against the panel or glazing (combination of the teachings will provide a sloped surface with a fastener which will then secure the device and exert a force against the panel as shown in Fig.2 and 5).
Regarding claim 37, wherein the force against the panel or the glazing unit is a function of the contours of the sloped surface (combination of elements, provide a screw boss having a sloped surface wherein the boss has a diameter larger on one side which will then cause the device to provide a force to the panel as the fastener is tightened).
Response to Arguments
Applicant's arguments filed 15 January 2026 have been fully considered but they are not persuasive.
Applicant argues that Cuthbertson depicts “10” as a threaded aperture and does not disclose a sloped surface is adjacent the fastener aperture. This is not found to be persuasive. Cuthbertson specifically discloses the hole “10” as being a countersunk hole, thereby provided a hole surrounded by a sloped surface.
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 RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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