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 § 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.
Claims 2 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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 2 recites the limitation "a receiver" in line 2. It is unclear if this is intended to be a second receiver in addition to the receiver already introduced and claimed in claim 1, or if this is referring to the same receiver from claim 1. For examination purposes, this is interpreted as the same receiver from claim 1.
Claim 12 recites the limitation "a receiver" in line 2. It is unclear if this is intended to be a second receiver in addition to the receiver already introduced and claimed in claim 11, or if this is referring to the same receiver from claim 11. For examination purposes, this is interpreted as the same receiver from claim 1.
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.
(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 11 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwahara et al. (US 20150113773 A1).
Regarding claim 11, Iwahara discloses a retaining system (Fig. 3) comprising: a first component having a hole (paragraph 49, vehicle body panel having a hole); a second component (1 in Fig. 3) having a housing (2a in Fig. 3); and a retainer (3 in Fig. 3) configured to engage with the housing of the second component (paragraph 41) and with the first component at the hole (paragraph 49), wherein the housing comprises a receiver (Fig. 3, upper portion of housing) having a cap (see annotated Fig. 3) defining an opening (24a in Fig. 3) and the housing defining an entry (20a in Fig. 3), wherein the opening is configured to receive the retainer when the retainer is inserted through the entry (paragraph 46), wherein a first clip and a second clip (two clips 28 in Fig. 3) are disposed at the entry, the first clip and the second clip defining the entry (Fig. 3) and configured to flex (Fig. 9) to allow insertion of the retainer through the entry, wherein the housing is divided by a gap (see annotated Fig. 3) that is defined between the first and second clips and the cap.
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Figure 1 Annotated Fig. 3 from Iwahara
Regarding claim 13, Iwahara discloses retaining system of claim 11, wherein: the first clip and the second clip define the entry (Fig. 3), the opening has a diameter (Fig. 3 and paragraph 42) that is substantially the same in size as a shaft (Fig. 11 and paragraph 42, shaft 34c) of the retainer, wherein the entry has a width (Fig. 3, width between 28b), and the diameter is larger than the width when the first and second clips are in a relaxed state (Fig. 4).
Claims 1-4, 10-12, 14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mally (US 20140284962 A1).
Regarding claim 1, Mally discloses a retaining system (Fig. 3) comprising: a first component (12 in Fig. 2) having a hole (20 in Fig. 2); a second component (14 in Fig. 2) having a housing (16 in Fig. 4); and a retainer (Fig. 7) configured to engage with the housing (Fig. 11) of the second component and with the first component at the hole (paragraph 32), wherein the housing comprises a receiver (Fig. 4, top portion of housing 16) having a cap (24a around the opening 40 in Fig. 4) defining an opening (40 in Fig. 4) and the housing defining an entry (36 in Fig. 4), wherein the opening is configured to receive the retainer when the retainer is inserted through the entry (Fig. 9-11), wherein a clip (30 in Fig. 4) is disposed at the entry, the clip being configured to flex (Fig. 12 and paragraph 50) to allow insertion of the retainer through the entry, wherein the housing is divided by a gap (see annotated Fig. 4) that is defined between the clip and the cap.
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Figure 2 Annotated Fig. 4 from Mally
Regarding claim 2, Mally discloses the retaining system of claim 1, wherein: the housing includes a receiver (Fig. 4, top portion of housing 16) disposed at a distance from a surface of the second component (Fig. 4 and paragraph 36, spaced from surface of 14 by the wall 28) and connected to the surface of the second component by a wall (28/26 in Fig. 4), and the receiver is configured to receive and hold the retainer (Fig. 11, in the opening).
Regarding claim 3, Mally discloses the retaining system of claim 1, wherein: the clip is one of a pair of clips (Fig. 4, two clips 30), wherein the pair of clips define the entry (Fig. 4), the opening has a diameter (Fig. 4 and paragraph 51) and the entry has a width (Fig. 4, width between two clips 30), and the diameter is larger than the width when the pair of clips are in a relaxed state (Fig. 4).
Regarding claim 4, Mally discloses the retaining system of claim 1, wherein: the clip comprises one of a pair of clips (Fig. 4, two clips 30), the pair of clips define the entry (Fig. 4), the opening has a diameter (Fig. 4 and paragraph 51), and the entry has a width (Fig. 4, width between two clips 30), and the diameter is larger than the width when the pair of clips are in a relaxed state (Fig. 4).
Regarding claim 10, Mally discloses the retention system of claim 1, wherein the clip is configured to flex between a relaxed state (Fig. 4) and a flexed state (Fig. 12), wherein the housing is configured to receive the retainer when the clip is in the flexed state (Fig. 12) and is configured to hold the retainer in the housing when the clip is in the relaxed state (Fig. 11 and 13).
Regarding claim 11, Mally discloses a retaining system (Fig. 3) comprising: a first component (12 in Fig. 2) having a hole (20 in Fig. 2); a second component (14 in Fig. 2) having a housing (16 in Fig. 4); and a retainer (Fig. 7) configured to engage with the housing (Fig. 11) of the second component and with the first component at the hole (paragraph 32), wherein the housing comprises a receiver (Fig. 4, top portion of housing 16) having a cap (24a around the opening 40 in Fig. 4) defining an opening (40 in Fig. 4) and the housing defining an entry (36 in Fig. 4), wherein the opening is configured to receive the retainer when the retainer is inserted through the entry (Fig. 9-11), wherein a first clip and a second clip (two clips 30 in Fig. 4) are disposed at the entry, the first clip and the second clip defining the entry (Fig. 4) and configured to flex (Fig. 12 and paragraph 50) to allow insertion of the retainer through the entry, wherein the housing is divided by a gap (see annotated Fig. 4) that is defined between the first and second clips and the cap.
Regarding claim 12, Mally discloses the retaining system of claim 11, wherein: the housing includes a receiver (Fig. 4, top portion of housing 16) disposed at a distance from a surface of the second component (Fig. 4 and paragraph 36, spaced from surface of 14 by the wall 28) and the receiver connected to the surface of the second component by a wall (28/26 in Fig. 4), and the receiver is configured to receive and to releasably hold the retainer (Fig. 11, hold in the opening; releasable by reversing the order in Fig. 9-11 since the clips are flexible).
Regarding claim 14, Mally discloses the retaining system of claim 11, wherein: the opening has a diameter (Fig. 4 and paragraph 51), and the entry has a width (Fig. 4, width between two clips 30) between the first and second clips, and the diameter is larger than the width when the first clip and the second clip are in a relaxed state (Fig. 4).
Regarding claim 20, Mally discloses a retention system (Fig. 3) for a trim component (14 in Fig. 2) of a vehicle (paragraph 31), the retention system comprising: a base component (12 in Fig. 2) having a hole (20 in Fig. 2), wherein the base component comprises a panel (Fig. 2, door panel) of the vehicle; a housing (16 in Fig. 4) defined in the trim component; and a retainer (Fig. 7) configured to engage with the housing (Fig. 11) of the trim component and with the base component at the hole (paragraph 32), wherein the housing comprises a receiver (Fig. 4, top portion of housing 16) having a cap (24a around the opening 40 in Fig. 4) defining an opening (40 in Fig. 4), and the housing defining an entry (36 in Fig. 4), wherein the opening is configured to receive the retainer when the retainer is inserted through the entry (Fig. 9-11), wherein the housing includes a first clip and a second clip (two clips 30 in Fig. 4) that are disposed at, and define, the entry (Fig. 4), wherein the housing is divided by a first gap that is defined between the first clip and the cap and by a second gap that is defined between the second clip and the cap (see annotated Fig. 4), and wherein the first gap and the second gap enable the first clip and the second clip to flex relative to the cap to allow insertion of the retainer through the entry and into the cap (Fig. 12, gaps remove restriction on the clips so that they can flex).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5, 7, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mally as applied to claims 1 and 11 above, and further in view of Xueyong (US 7954205 B2).
Regarding claim 5, Mally discloses the retaining system of claim 1, wherein: the retainer includes a shaft (Mally, 60 in Fig. 7), a head (Mally, 70 in Fig. 7) and a flange (Mally, 72 in Fig. 7), and the opening is configured to receive the shaft (Mally, Fig. 11).
Mally fails to disclose the housing includes a platform, with supports extending from the platform toward the cap, the receiver defines a slot between the cap and the platform, and the slot is configured to receive the head.
Xueyong teaches the housing includes a platform (Xueyong, 4 in Fig. 1), with supports (Xueyong, 5 and 6 in Fig. 1) extending from the platform toward the cap (after combination, the supports 5 and 6 extends upward, which would direct toward the cap of Mally), the receiver defines a slot (space between the platform and the cap after combination) between the cap and the platform, and the slot is configured to receive the head (after combination, since the head would enter above the platform and below the cap).
Xueyong is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally to incorporate the teachings of Xueyong with a reasonable expectation of success and have a platform with supports. Doing so provides support and guiding means for the retainer for additional connection strength and easier assembly.
Regarding claim 7, Mally discloses the retaining system of claim 1, wherein: the clip includes a tab (Mally, 30c in Fig. 4) configured to flex the clip (Mally, Fig. 12, flex downward when pressed down) when a force is applied to the tab.
Mally fails to disclose the housing includes a platform, and the force is applied to the tab toward the platform.
Xueyong teaches the housing includes a platform (Xueyong, 4 in Fig. 1), and the force is applied to the tab toward the platform (after combination, since the platform is located below, therefore the force that presses the tab downward is toward the platform).
Xueyong is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally to incorporate the teachings of Xueyong with a reasonable expectation of success and have a platform with supports. Doing so provides support and guiding means for the retainer for additional connection strength and easier assembly.
Regarding claim 15, Mally discloses the retaining system of claim 11, wherein: the retainer includes a shaft (Mally, 60 in Fig. 7), a head (Mally, 70 in Fig. 7) and a flange (Mally, 72 in Fig. 7), and the opening is configured to receive the shaft (Mally, Fig. 11).
Mally fails to disclose the housing includes a platform, with supports extending from the platform toward the cap, the receiver defines a slot between the cap and the platform, and the slot is configured to receive the head, and the supports are configured to guide the head through the slot and to assist in flexing of the first and second clips.
Xueyong teaches the housing includes a platform (Xueyong, 4 in Fig. 1), with supports (Xueyong, 5 and 6 in Fig. 1) extending from the platform toward the cap (after combination, the supports 5 and 6 extends upward, which would direct toward the cap of Mally), the receiver defines a slot (space between the platform and the cap after combination) between the cap and the platform, and the slot is configured to receive the head (after combination, since the head would enter above the platform and below the cap), and the supports are configured to guide the head (Xueyong, Fig. 1, supports 5 and 6 have curved surfaces that can guide the head) through the slot and to assist in flexing (after combination, since the supports guide the head through therefore will assist in flexing of the clips since the motion through the slot is what flexes the clips) of the first and second clips.
Xueyong is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally to incorporate the teachings of Xueyong with a reasonable expectation of success and have a platform with supports. Doing so provides support and guiding means for the retainer for additional connection strength and easier assembly.
Regarding claim 17, Mally discloses the retaining system of claim 11, wherein: the first and second clips include cantilevered legs (Mally, 30a in Fig. 4), and the first and second clips each include a tab (Mally, 30c in Fig. 4) extending opposite the respective cantilevered leg (Mally, Fig. 4, the legs are on one side of 30b, and the tabs are on the other side of 30b), the respective tab configured to effect flexing of the respective first and second clip when forces are applied to the tabs (Mally, Fig. 12, flex downward when pressed down).
Mally fails to disclose the housing includes a platform, and the forces are applied to the tabs toward the platform.
Xueyong teaches the housing includes a platform (Xueyong, 4 in Fig. 1), and the forces are applied to the tabs toward the platform (after combination, since the platform is located below, therefore the forces that press the tabs downward is toward the platform).
Xueyong is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally to incorporate the teachings of Xueyong with a reasonable expectation of success and have a platform with supports. Doing so provides support and guiding means for the retainer for additional connection strength and easier assembly.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Mally as applied to claims 1 and 11 above, and further in view of Xueyong (US 7954205 B2) and Vollet (US 20120001446 A1).
Regarding claim 6, Mally discloses the retaining system of claim 1, but fails to disclose the housing includes a platform, with supports extending from the platform toward the cap, and a plurality of ribs are formed on the cap for strength.
Xueyong teaches the housing includes a platform (Xueyong, 4 in Fig. 1), with supports (Xueyong, 5 and 6 in Fig. 1) extending from the platform toward the cap (after combination, the supports 5 and 6 extends upward, which would direct toward the cap of Mally).
Xueyong is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally to incorporate the teachings of Xueyong with a reasonable expectation of success and have a platform with supports. Doing so provides support and guiding means for the retainer for additional connection strength and easier assembly.
Vollet teaches a plurality of ribs (Vollet, see annotated Fig. 2) are formed on the cap for strength (by providing support from the side).
Vollet is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally in view of Xueyong.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally in view of Xueyong to incorporate the teachings of Vollet with a reasonable expectation of success and have ribs on the cap. Doing so provides additional reinforcement to the housing, and therefore the cap, such that the retaining system is more robust.
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Figure 3 Annotated Fig. 2 from Vollet
Regarding claim 16, Mally discloses the retaining system of claim 11, but fails to disclose the housing includes a platform, with supports extending from the platform toward the cap, the supports are configured to support the retainer, and a plurality of ribs are formed on the cap for strength.
Xueyong teaches the housing includes a platform (Xueyong, 4 in Fig. 1), with supports (Xueyong, 5 and 6 in Fig. 1) extending from the platform toward the cap (after combination, the supports 5 and 6 extends upward, which would direct toward the cap of Mally), the supports are configured to support the retainer (Xueyong, Fig. 1 and at least during the insertion process).
Xueyong is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally to incorporate the teachings of Xueyong with a reasonable expectation of success and have a platform with supports. Doing so provides support and guiding means for the retainer for additional connection strength and easier assembly.
Vollet teaches a plurality of ribs (Vollet, see annotated Fig. 2) are formed on the cap for strength (by providing support from the side).
Vollet is considered to be analogous art because it is in the same field of vehicle trim retaining system as Mally in view of Xueyong.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to have modified the system as taught by Mally in view of Xueyong to incorporate the teachings of Vollet with a reasonable expectation of success and have ribs on the cap. Doing so provides additional reinforcement to the housing, and therefore the cap, such that the retaining system is more robust.
Allowable Subject Matter
Claims 8-9 and 18-19 are 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for the allowance of the claims is the inclusion in the claims of the limitations directed to a stop extending from the platform toward the tab, the stop configured to limit flexure of the clip to an amount within an elastic range as claimed in claim 8; the housing is configured to be produced within a form that has a pair of die elements that part at the gap, and comprising a section disposed at the gap that is configured to leave a membrane on the housing as claimed in claim 9; and similar limitations in claims 18-19. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references that are not relied upon all disclose vehicle retaining systems with a retainer, an opening, and an entry.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Wenwei Zhuo whose telephone number is (571)272-5564. The examiner can normally be reached Monday through Friday 8 a.m. - 4 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WENWEI ZHUO/Examiner, Art Unit 3612