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 .
Response to Arguments
Applicant's arguments filed March 23, 2026 have been fully considered but they are not persuasive. Applicant has argued that the limitation “a nut base plate resiliently connected to the first planar portion and extending into the channel” is not met by Li (US 2022/0065284) because the lug 315 does not extend into the channel defined by the first clip portion 301 and the second clip portion 302. The argument is found not persuasive in view of the claimed limitation “extending into” wherein the element 358 of the ‘nut base plate’ 315 meets the requirement of ‘extending into’ as delimited by the claims. As rejected, the plate 315 has to only have an “extending” into element to meet the claimed limitation(s) under the broadest reasonable interpretation.
With regards to claim 19, Applicant has further argued that Li has failed to disclose ‘a tongue comprising a tongue opening which is configured to receive a portion of a collar’ since the part 352 of Li does not comprise the claimed tongue opening. The argument is found not persuasive in view of the open-ended limitation “comprises” since the tongue as a whole structural unit includes both the part 352 and the flat portion of 301 from which it extends, including a through hole 311 that reads on the ‘tongue opening’. In other words, the hole 311 is formed in a continuous structure and is functionally integrated with the ‘tongue’ 352 mechanism in which the collar passes through said hole 311 and is retained by the ‘tongue’ 352.
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.
Claim(s) 1-13 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li, US 2022/0065284.
Regarding claim 1, Li discloses a modular retainer assembly [for attaching a first component having a first opening relative to a second component having a second opening], the modular retainer assembly comprising: a nut insert (111) comprising a bore (215) [configured to engaged a shank of a fastener]; and a retainer clip (102) comprising a nut recess (between 315 and 316) that is configured to receive and retain the nut insert (111), wherein the retainer clip (102) comprises, a first planar portion (301) and a second planar portion (302) that are resiliently connected via a bend (303) to define a channel (between said planar portions and bend), a nut base plate (315) resiliently connected to the first planar portion (302) and extending into the channel (see figure 3B; the connection part 358 is part of the ‘nut base plate’ 315 in which is considered for extending into the channel defined by the portions 301, 302 and the bend 303 as illustrated in the figure 3B), and a tongue (352) resiliently coupled to the first planar portion (301) and configured to secure a least a portion (112) of the nut insert (111) between the tongue (352) and the base plate (315).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the retainer assembly, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the nut fastener assembly disclosed by Li (US 2022/0065284), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Li discloses the modular retainer assembly of claim 1, wherein the retainer clip is a stamped-metal component (see paragraph [0051]) and the nut insert (111) is fabricated using a synthetic or semi-synthetic polymer (formed of a plastic material; see paragraph [0051]).
Regarding claim 3, Li discloses the modular retainer assembly of claim 1, [wherein the channel is configured to receive and to secure the first component and the second component between the nut base plate (315) and the second planar portion (302)].
Regarding claim 4, Li discloses the modular retainer assembly of claim 1, wherein the retainer clip comprises one or more anti-rotation feature (316) [configured to provide resistance to torque during assembly of the nut insert (111) with the shank (112) of the fastener (101)].
Regarding claim 5, Li discloses the modular retainer assembly of claim 1, wherein the nut insert (111) comprises a collar (205) and a flange (203), wherein the collar (205) defines the bore (215).
Regarding claim 6, Li discloses the modular retainer assembly of claim 5, wherein the tongue (352) comprises (via 301) a tongue opening (311) which receives a portion of the collar (205).
Regarding claim 7, Li discloses the modular retainer assembly of claim 1, wherein the nut base plate (315) is resiliently connected to the first planar portion (301) via a second bend (345).
Regarding claim 8, Li discloses the modular retainer assembly of claim 1, wherein the retainer clip comprises a guide lip (371) positioned adjacent an opening (at an entrance to the channel between the parts 301, 302 and distal to the bend) to the channel (see figures 3A and 3B) [that is configured to guide the first component or the second component into the channel and between the nut base plate and the second planar portion].
Regarding claim 9, Li discloses the modular retainer assembly of claim 1, wherein the bore (215) is threaded (at its upper section as shown in figure 2B).
Regarding claim 10, Li discloses the modular retainer assembly of claim 1, wherein the bore (215) is not threaded (at its lower section as shown in the figure 2B).
Regarding claim 11, Li discloses the modular retainer assembly of claim 1, wherein the bore (215) [is configured to accommodate a shank that is thread-forming].
Regarding claim 12, Li discloses the modular retainer assembly of claim 1, wherein the nut base plate (315) and the second planar portion (302) collectively define (via portion 301) a fastener passage (311) [to receive the shank therethrough].
Regarding claim 13, Li discloses the modular retainer assembly of claim 1, wherein the nut base plate (315) comprises one or more anti-rotation features (358, 368, 369) positioned at a perimeter of the nut recess (between 315 and 316) [to retain and mitigate rotation of the fastener relative to the nut base plate].
Regarding claim 15, Li discloses a retainer clip [for attaching a first component having a first opening relative to a second component having a second opening using a nut insert having a bore configured to engaged a shank of a fastener], the retainer clip comprising: a first planar portion (301) and a second planar portion (302) that are resiliently connected via a bend (303) to define a channel, a nut base plate (315) resiliently connected to the first planar portion (301) and extending into the channel (see figure 3B; the connection part 358 is part of the ‘nut base plate’ 315 in which is considered for extending into the channel defined by the portions 301, 302 and the bend 303 as illustrated in the figure 3B), and a tongue (352) resiliently coupled to the first planar portion (301) [and configured to secure a least a portion of the nut insert between the tongue and the base plate, wherein the nut base plate and the tongue are configured to receive and retain the nut insert].
Regarding claim 16, Li discloses the retainer clip of claim 15, [wherein the channel is configured to receive and to secure the first component and the second component between the nut base plate and the second planar portion].
Regarding claim 17, Li discloses the modular retainer assembly of claim 1, wherein the retainer clip comprises one or more anti-rotation feature (316) [configured to provide resistance to torque during assembly of the nut insert with the shank of the fastener].
Regarding claim 18, Li discloses the modular retainer assembly of claim 1, wherein the tongue (352) comprises (via 301) a tongue opening (311) which receives a portion of the nut insert (111).
Regarding claim 19, Li discloses a modular retainer assembly [for attaching a first component having a first opening relative to a second component having a second opening], the modular retainer assembly comprising: a nut insert (111) comprising a collar (205) and a flange (203), wherein the collar (205) defines a bore (215) [that is configured to engaged a shank of a fastener]; and a stamped-metal retainer clip (102) comprising a nut recess (between elements 315, 316) that is configured to receive and retain the nut insert (111), wherein the stamped-metal retainer clip (102) comprises, a first planar portion (301) and a second planar portion (302) that are resiliently connected via a bend (303) to define a channel (see figures 3A and 3B), a nut base plate (315) resiliently connected to the first planar portion (301) and extending into the channel (see figure 3B; the connection part 358 is part of the ‘nut base plate’ 315 in which is considered for extending into the channel defined by the portions 301, 302 and the bend 303 as illustrated in the figure 3B), and a tongue (352) resiliently coupled to the first planar portion (301) and configured to secure at least a portion (241) of the nut insert (111) between the tongue (352) and the base plate (315), wherein the tongue (352) comprises (includes) a tongue opening (311; the portion 301 is a flat portion leading up to the tongue opening and the tongue) configured to receive a portion of the collar (205).
Regarding claim 20, Li discloses the modular retainer assembly of claim 19, wherein the retainer clip comprises one or more anti-rotation feature (326) at the nut recess (figure 3A) [that are configured to provide resistance to torque during assembly of the nut insert with the shank of the fastener].
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li, US 2022/0065284 in view of Norkus, US 5,118,234.
Regarding claim 14, Li discloses the modular retainer assembly of claim 12 except for wherein the retainer clip comprises a panel tab positioned at the fastener passage and configured to encircle the shank when assembled.
Norkus teaches a retaining assembly wherein the retainer clip (20) comprises a panel tab (28) positioned at the fastener passage (see line A-A in figure 4) [and configured to encircle the shank when assembled]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the retainer clip of Li to include a panel tab as taught by Norkus in order to provide an audible indication of engagement when the shank of the fastener is engaged with the nut insert.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited. For example, Derby (US 3,229,743) discloses a stamped metal two leg clip with a tongue/aperture on one leg and an integral threaded barrel on the other; and Schwind (US 4,674,931) discloses a fastener with a plastic U-nut separate from a mating screw, the nut has two plates interconnected, a threaded bore on one plate and a lock tab on the inner side.
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 ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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