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 . 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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
Claim 3 sets forth “The clip assembly of claim 2, wherein the portion of the inner clip is configured to secure the first component via the opening” where the opening is part of an intended use. However, claim 1 recites “A clip assembly to couple a first component having an opening to a second component having a rib, the clip assembly comprising: “which is also referred to the intended use limitation of an opening in claim 3 and claim 2 recites “The clip assembly of claim 1, wherein a portion of the inner clip is configured to pass at least partially through a clip opening formed in the connecting portion” which is also referred to the intended use limitation of an opening. It is unclear whether the opening in claim 3 is referring to the opening of the first component or whether it is referring to the clip opening in claim 2 of the clip. One of ordinary skill in the art is unable to properly determine the metes and bounds of such claims thus applicant needs to properly clarify.
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.
Claims 1-5, 7, and 10-12 are being rejected under 35 U.S.C 102(a)(1) as being anticipated by US 20190271339 (BENEDETTI) Regarding Claim 1 BENEDTTI discloses
A clip assembly (30) to couple a first component (Figure 6 element 40) having an opening (Figure 6 element 38) to a second component having a rib (Figure 6 element 36), the clip assembly comprising:
an inner clip (34) having a pair of rigid legs (Paragraph 50 lines 1-7 describes the inner clip to be made out of plastic which is the same material as applicants making the legs rigid) defining an inner-clip channel (Figure 11, the gap between elements 106 defines an inner clip channel), wherein the inner-clip channel is configured to receive at least a portion of the rib (Figure 6 element 36 goes into element 34); and
an outer clip having (Figure 6 element 32) a pair of opposing legs (Figure 2 elements 42 and 44 are the first side and second side) resiliently connected (Paragraph 51 lines 1-7) via a connecting portion (Figure 2 element 46) and defining an outer-clip channel (Figure 8 element 64), one or more spring tabs (Figure 9 element 96), and one or more barbed tabs (Figure 7 elements 74, 76, 78 and 80),
wherein the outer-clip channel is configured to receive at least a portion of the inner clip (Figure 2 element 64 shows the outer clip channel receiving the inner clip),
wherein the one or more spring tabs are configured to engage and secure the inner clip relative to the outer clip (Paragraph 42 lines 1-6), and
wherein the one or more barbed tabs are configured to engage and secure the rib relative to the outer clip (Paragraph 38 lines 1-5).
Regarding Claim 2 BENEDTTI discloses
The clip assembly of claim 1, wherein a portion of the inner clip is configured to pass at least partially through a clip opening formed in the connecting portion (Paragraph 30 lines 1-6, and Figures 2 and 3 shows that element 56 is inserted into element 54).
Regarding Claim 4 BENEDTTI discloses
The clip assembly of claim 2, wherein the portion of the inner clip comprises one or more engagement surfaces (112) configured to secure with one or more panel tabs (Figure 7 element 114 the edge of the opening is a tab) of the outer clip (Figure 2).
Regarding Claim 5 BENEDTTI discloses
The clip assembly of claim 1, wherein the inner clip defines one or more shoulders configured to support the first component when assembled (Figure 11 elements 110 and 108 shows that in Figure 5 they support the first component).
Regarding Claim 7 BENEDTTI discloses
The clip assembly of claim 1, wherein the one or more spring tabs are canted into the outer-clip channel (Figure 7 element 96 wherein they are spaced inward of elements 60, i.e. canted into).
Regarding Claim 10 BENEDTTI discloses
The clip assembly of claim 1, wherein the pair of opposing legs cooperate to define a flared opening to the outer-clip opening configured to guide a distal end of the rib into the outer-clip opening (Paragraph 27 lines 1-9)
Regarding Claim 11 BENEDTTI discloses
The clip assembly of claim 1, wherein the outer clip is a stamped-metal clip (Claim 4).
Regarding Claim 12 BENEDTTI discloses
The clip assembly of claim 1, wherein the inner clip is a rigid plastic clip (Claim 4).
Allowable Subject Matter
Claim 6, 8 and 9 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.
Claims 13-20 are allowed.
Regarding claim 13 BENEDTTI teaches a first component having an opening. a second component having rib, rigid inner clip and an outer clip but doesn’t teach the inner clip to have a recessed portion and an outer clip having shoulders. Based on the configuration of BENEDTTI an attempt to combine with other references would require improper hindsight reconstruction of the invention of the primary reference.
Regarding Claims 14 -16 they are dependent for the allowable claim 13, therefor would be a allowable as well.
Regarding Claim 17 BENEDTTI teaches a stamped-metal outer clip coupling a first component, a second component having a rib via a rigid inner clip, outer clip having a connecting portion, a pair of legs resiliently connected, one or more spring tabs, one or more barbed tabs and the outer clip receiving the inner clip. However, BENEDTTI does not teach wherein the one or more spring tabs are canted into the outer-clip channel and configured to engage and secure the rigid inner clip relative to the stamped-metal outer clip via one or more recessed portions formed on the rigid inner clip. Based on the configuration of BENEDTTI an attempt to combine with other references would require improper hindsight reconstruction of the invention of the primary reference.
Regarding Claims 18 -20 they are dependent for the allowable claim 17, therefor would be allowable as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALMUTASIM HEZAM AIYASH whose telephone number is (571)272-6104. The examiner can normally be reached Monday-Friday 7:30AM-5PM.
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/A.H.A./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678