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 1-7 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 1 recites the limitation "a second component" in line 2 and 5. Is the second instance in line 5 referring back to the first instance introduced in line 2? If so, please clarify.
Claim 1 recites the limitation "a carrier component" in line 3 and 5. Is the second instance in line 5 referring back to the first instance introduced in line 3? If so, please clarify.
Claim 1 recites the limitation "a motor vehicle" in line 3 and 5. Is the second instance in line 5 referring back to the first instance introduced in line 3? If so, please clarify.
Claim 1 recites the limitation "a first component" in line 8. Is the second instance in line 8 referring back to the first instance introduced in line 8? If so, please clarify.
Claim 2 recites the limitation "a first component" in line 2 and claim 1 line 8. Is the second instance in claim 2 referring back to first instance of claim 1? If so, please clarify.
Claim 3-7 are dependent of claim 1, thus they carry similar deficiency and are subjected to similar rejection.
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, 2, 4-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Torsten Klein (WO 2020/102063 A1) (hereinafter Klein).
Regarding claim 1, Klein anticipates a fastening apparatus (10) for fastening a first strand-like component having an approximately circular cross-section to a second component, in particular for fastening a cable or a cable harness to a carrier component of a motor vehicle, comprising
a fastening body (20) having a fastening means (22) for connecting the fastening
apparatus (10) to a second component, in particular a carrier component of a motor vehicle, and a receiving body (12), wherein the receiving body (12) forms a receiving portion (14) having a receiving surface facing in a direction of a first component for receiving a first component, and wherein an adhesive tape (¶0024) is or can be arranged on the receiving surface of the receiving portion (14) in order to connect a first strand-like component (17), in particular a cable or a cable harness, to the receiving body (3) by means of adhesion of the adhesive tape (Fig. 1-6; ¶0024-¶0026).
Regarding claims 2 and 4, Klein anticipates wherein the receiving portion (14) extends in a longitudinal direction (L) corresponding to an axial direction of a first component to be received and is formed in an approximately trench-shaped (or C-shaped) manner in cross-section (Fig. 1-4).
Regarding claim 5, Klein anticipates the fastening body (20) and the receiving body (12) are integrally connected to one another, or that the fastening body (20) and the receiving body (12) are releasably, in particular re-releasably, connected to one another by means of a connecting means and thus have a modular structure (Fig. 1-4, ¶0026).
Regarding claim 6, Klein anticipates wherein the receiving portion (14) is configured so as to be flexible in the longitudinal direction (L), wherein the receiving portion (14) has recesses on its lateral edge regions extending orthogonally to the longitudinal direction (L) so that the receiving portion (14) is segmented or flexibly configured in the longitudinal direction (L) in such a way that it can be adapted to a curvature in the axial direction of a first receiving component (Fig. 1-2; ¶0024).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torsten Klein (WO 2020/102063 A1) (hereinafter Klein).
Regarding claim 3, the limitations of claim 1 are taught by Klein. Klein discloses a line may be retained on the line support, for example via straps enclosing the line about its circumference, for example cable ties (retaining bands) or adhesive tapes (¶0024). Thus, the use of straps and adhesive tape are well known within the art. A person of ordinary skill can readily use combination of straps and adhesive tape to assure the strand-like component is properly secured to receiving surface of the receiving body. The benefit of doing so would have been to assure the cable or line is properly secured to receiving surface.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klein as applied to claims 1-6 above, and further in view of Komaro et al. (US Pat. No.: 9,310,013 B2) (hereinafter Komaro).
Regarding claim 7, the limitations of claim 1 are taught by Klein. Klein is silent about the adhesive means comprising double sided tape.
Kamaro also discloses a fastening apparatus for fastening a strand-like component. The apparatus discloses the use of double-sided adhesive tape fasten the device on to the fastening surface (Col 2, Ln 35-37). The benefit of doing so would have been to create a tacky surface to allow for secure fastening.
Give the wealth of knowledge, it would have been obvious to a person of ordinary skill in the art to utilize double sided tape as taught by Komaro within the fastening apparatus as taught by Klein. The benefit of doing so would have been to create a tacky surface to allow for secure fastening.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL I PATEL whose telephone number is (571)270-7660. The examiner can normally be reached M-F: 9-5.
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/VISHAL I PATEL/Primary Examiner, Art Unit 1746