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 .
Drawings
The drawings are objected to because reference characters 116 and 118 are unclear in Fig 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
In Paragraph 0021, “the two the arms” is unclear
In Paragraph 0027, “lift” should read “left”
Appropriate correction is required.
Claim Objections
Claim 13 is objected to because of the following informalities:
In claim 13, lines 9-10, “the C-shaped clip” should read “the unitary C-shaped clip”
Appropriate correction is required.
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) 1-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Apelt et al. (DE102015216368A1), hereinafter "Apelt".
Regarding claim 1, Apelt teaches a spring clip (Figs 1-2, device 2) comprising:
a base plate (Fig 1, clamp 8) having a first hole (Fig 2, opening 42) and a second hole (Fig 2, opening 44) disposed (see Fig 2) therein, the first hole (42) to permit (capable of permitting, i.e. this is a functional recitation) passage of a bolt (Paragraph 0054, Examiner notes a screw screwed in as to permit passage of a bolt), the second hole (44) to secure (see Figs 1-2) a retainer (Fig 1, clamp 6) to the base plate (8), the retainer (6) to hold (see Figs 1-2) a nut (Fig 1, nut 10) for the bolt (Paragraph 0054) in alignment (see Figs 1-2) with the first hole (42) regardless (see Figs 1-2) of a presence (see Figs 1-2) of the bolt (Paragraph 0054); and
an arm (Fig 1, section 30) extending (see Figs 1-2) from the base plate (8), the arm (30) including a first portion (see Fig 1, Examiner notes a portion of section 30 extending perpendicular to section 28 as a first portion) and a second portion (Fig 1, element 34), the first portion (see Fig 1) of the arm (30) extending (see Figs 1-2) in a first direction (see Figs 1-2) transverse (see Figs 1-2) to the base plate (8), the second portion (34) of the arm (30) extending (see Figs 1-2) in a second direction (see Figs 1-2) transverse (see Figs 1-2) to the first portion (see Fig 1) of the arm (30) so as to overlap (see Figs 1-2) the base plate (8).
Regarding claim 2, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein the first portion (see Fig 1) of the arm (30) is an integral extension (see Figs 1-2, Paragraph 0060, Examiner notes formed in one piece as is an integral extension) of the base plate (8), and the second portion (34) of the arm (30) is an integral extension (see Figs 1-2, Paragraph 0060, Examiner notes formed in one piece as is an integral extension) of the first portion (see Fig 1) of the arm (30).
Regarding claim 3, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein both (see Figs 1-2, Paragraph 0060) the arm (30) and the base plate (8) are defined by a sheet of metal (Paragraph 0060, Apelt indicates a sheet of metal), the sheet of metal (Paragraph 0060) including a first bend (see Fig 1) at an intersection (see Fig 1) of the base plate (8) and the first portion (see Fig 1) of the arm (30), the sheet of metal (Paragraph 0060) including a second bend (see Fig 1) at an intersection (see Fig 1) of the first portion (see Fig 1) of the arm (30) and the second portion (34) of the arm (8).
Regarding claim 4, Apelt teaches the spring clip (2) of claim 3 and further teaches wherein the first bend (see Fig 1) is defined by a first angle (see Fig 1) between (see Fig 1) the base plate (8) and the first portion (see Fig 1) of the arm (30), and the second bend (see Fig 1) is defined by a second angle (see Fig 1) between (see Fig 1) the first portion (see Fig 1) of the arm (30) and the second portion (34) of the arm (8), the second angle (see Fig 1) less than the first angle (see Fig 1) (see Fig 1, Examiner notes tangential angles measured at different points on each of the first and second bends as the second angle less than the first angle).
Regarding claim 5, Apelt teaches the spring clip (2) of claim 3 and further teaches wherein the first (see Fig 1) and second bends (see Fig 1) are defined (see Fig 1) by corresponding first (see Fig 1) and second angles (see Fig 1) that result (see Fig 1) in a first point (see Fig 1) on the second portion (34) of the arm (8) being closer (see Fig 1) to the base plate (8) than a second point (see Fig 1) on the second portion (34) of the arm (30) is to the base plate (8), the first point (see Fig 1) closer (see Fig 1) to the first portion (see Fig 1) of the arm (8) than the second point (see Fig 1) is to the first portion (see Fig 1) of the arm (8).
Regarding claim 6, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein the arm (30) includes a stem (see Fig 1, Examiner notes a left stem of section 30 as includes a stem) connecting (see Fig 1) the first portion (see Fig 1) of the arm (30) and the second portion (34) of the arm (8), the stem (see Fig 1) narrower (see Fig 1) than a width (see Fig 1) of the base plate (8).
Regarding claim 7, Apelt teaches the spring clip (2) of claim 6 and further teaches wherein the stem (see Fig 1) is a first stem (see Fig 1), and the arm (30) includes a second stem (see Fig 1, Examiner notes a right stem of section 30 as includes a second stem), the first (see Fig 1) and second stems (see Fig 1) define opposite sides (see Fig 1) of a cutout (Fig 1, opening 32) in the arm (8).
Regarding claim 8, Apelt teaches the spring clip (2) of claim 6 and further teaches wherein at least a segment (see Fig 1, Examiner notes a base of section 30 adjacent section 28 as at least a segment) of the first portion (see Fig 1) of the arm (30) has a first width (see Fig 1), the first width (see Fig 1) corresponding (see Fig 1) to the width (see Fig 1) of the base plate (8).
Regarding claim 9, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein the arm (30) includes a cutout (Fig 1, opening 32) to increase a flexibility (see Fig 1) of the arm (30).
Regarding claim 10, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein the arm (30) is a first arm (see Fig 1, Examiner notes a lower section 30 as is a first arm), the spring clip (2) further including a second arm (see Fig 1, Paragraph 0069, Examiner notes an upper section 30 as including a second arm) including a third portion (see Fig 1, Examiner notes a portion of upper section 30 extending perpendicular to section 28 as including a third portion) and a fourth portion (see Fig 1, Examiner notes upper element 34 as a fourth portion), the third portion (see Fig 1) extending (see Figs 1-2) in a third direction (see Figs 1-2) transverse (see Figs 1-2) to the base plate (8), the fourth portion (see Fig 1) extending (see Figs 1-2) in a fourth direction (see Figs 1-2) transverse (see Figs 1-2) to the third portion (see Fig 1), the fourth portion (see Fig 1) of the second arm (see Fig 1) extending (see Figs 1-2) towards the second portion (34) of the first arm (see Fig 1), the second portion (34) of the first arm (see Fig 1) extending (see Figs 1-2) towards the fourth portion (see Fig 1) of the second arm (see Fig 1).
Regarding claim 11, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein the base plate (8) includes a tab (see Figs 1-2) protruding (see Figs 1-2) outward from an edge (see Figs 1-2) of the base plate (8), the second hole (44) disposed (see Figs 1-2) in the tab (see Figs 1-2).
Regarding claim 12, Apelt teaches the spring clip (2) of claim 1 and further teaches wherein the arm (30) includes a tab (see Fig 1, Examiner notes a tab of section 30 adjacent opening 32 as includes a tab) protruding (see Fig 1) from a side (see Fig 1) of the arm (30), the tab (see Fig 1) including a third hole (Fig 1, opening 32).
Regarding claim 13, Apelt teaches a unitary C-shaped clip (Figs 1-2, clamp 8) made of sheet metal (Paragraph 0060, Apelt indicates a sheet of metal) comprising:
a first segment (see Fig 2, Examiner notes a segment of section 28 having opening 42 as a first segment) of the sheet metal (Paragraph 0060) including a first opening (Fig 2, opening 42) for passage of a bolt (Paragraph 0054, Examiner notes a screw screwed in as for passage of a bolt);
a second segment (see Fig 1, Examiner notes a lower section 30 as a second segment) of the sheet metal (Paragraph 0060) including a second opening (see Fig 1, Examiner notes a lower opening 32 as including a second opening), the second opening (see Fig 2) to increase a flexibility (see Fig 1) of the second segment (see Fig 1) relative to the first segment (see Fig 2); and
a third segment (see Fig 1, Paragraph 0069, Examiner notes an upper section 30 as a third segment) of the sheet metal (Paragraph 0060) including a third opening (see Fig 1, Paragraph 0069, Examiner notes an upper opening 32 as including a third opening), the third opening (see Fig 1) to increase a flexibility (see Fig 1) of the third segment (see Fig 1) relative to the first segment (see Fig 2), the second (see Fig 1) and third segments (see Fig 1) defining opposing ends (see Fig 1) of the C-shaped clip (8) with the first segment (see Fig 2) disposed (see Figs 1-2) therebetween.
Regarding claim 14, Apelt teaches the unitary C-shaped clip (8) of claim 13 and further teaches wherein the second segment (see Fig 1) is coupled (see Fig 1) to the first segment (see Fig 2) at a first bend (see Fig 1) in the sheet metal (Paragraph 0060), the second segment (see Fig 1) including a second bend (see Fig 1) parallel (see Fig 1) to the first bend (see Fig 1), the first bend (see Fig 1) having a first angle (see Fig 1), the second bend (see Fig 1) having a second angle (see Fig 1), the first angle (see Fig 1) and the second angle (see Fig 1) summing to less than 180 degrees (see Fig 1, Examiner notes tangential angles measured at different points on each of the first and second bends as summing to less than 180 degrees).
Regarding claim 16, Apelt teaches the unitary C-shaped clip (8) of claim 13 and further teaches wherein the second segment (see Fig 1) has a first width (see Fig 1, Examiner notes a width of lower section 30 distal opening 32 as a first width) at a first end (see Fig 1) distal (see Fig 1) to the first segment (see Fig 2) and a second width (see Fig 1, Examiner notes a width of lower section 30 adjacent opening 32 as a second width) at a second end (see Fig 1) proximal (see Fig 1) to the first segment (see Fig 2), the first width (see Fig 1) greater (see Fig 1) than the second width (see Fig 1).
Regarding claim 17, Apelt teaches the unitary C-shaped clip (8) of claim 13 and further teaches wherein the first segment (see Fig 2) of the sheet metal (Paragraph 0060) includes fourth and fifth openings (see Figs 1-2, Examiner notes left and right openings 44 as includes fourth and fifth openings, respectively) on opposite sides (see Figs 1-2) of the first opening (42).
Regarding claim 18, Apelt teaches an apparatus (Figs 1-2, device 2) comprising:
a spring clip (Fig 1, clamp 8) including a hole (Fig 2, opening 42) in a central portion (see Fig 2) of the spring clip (8), the hole (42) dimensioned to permit (capable of permitting, i.e. this is a functional recitation) a bolt to pass through (Paragraph 0054, Examiner notes a screw screwed in as dimensioned to permit a bolt to pass through), the spring clip (8) including first (see Fig 1, Examiner notes a lower section 30 as including a first arm) and second arms (see Fig 1, Examiner notes an upper section 30 as a second arm) on opposing sides (see Fig 1) of the central portion (see Fig 2), the first (see Fig 1) and second arms (see Fig 1) bent (see Figs 1-2) relative to the central portion (see Fig 2) so that the first (see Fig 1) and second arms (see Fig 1) extend (see Figs 1-2) towards one another (see Figs 1-2) in an area (see Figs 1-2) above (see Figs 1-2) the hole (42); and
a nut (Fig 1, nut 10) to be fastened (see Figs 1-2) to the spring clip (8) adjacent (see Figs 1-2) to and in alignment (see Figs 1-2) with the hole (42) when the bolt (Paragraph 0054) is not extending (see Figs 1-2) through the hole (42).
Regarding claim 19, Apelt teaches the apparatus (2) of claim 18 and further teaches wherein the hole (42) is a first hole (see Fig 2, Examiner notes opening 42 as is a first hole), the apparatus (2) further including a retainer (Fig 1, clamp 6) to be secured (see Figs 1-2) to the spring clip (8) via second (see Fig 2, Examiner notes left opening 44 as a second hole) and third holes (see Fig 2, Examiner notes right opening 44 as a third hole) in the spring clip (8), the first hole (see Fig 2) larger (see Fig 2) than the second hole (see Fig 2) and larger (see Fig 2) than the third hole (see Fig 2), the first hole (see Fig 2) between (see Fig 2) the second (see Fig 2) and third holes (see Fig 2), the nut (10) to be fastened (see Figs 1-2) to the spring clip (8) by the retainer (6).
Regarding claim 20, Apelt teaches the apparatus (2) of claim 18 and further teaches wherein the first (see Fig 1) and second arms (see Fig 1) include respective first (see Fig 1, Examiner notes a lower opening 32 as a first cutout) and second cutouts (see Fig 1, Paragraph 0069, Examiner notes an upper opening 32 as a second cutout) to provide flexibility (see Fig 1) to the first (see Fig 1) and second arms (see Fig 1).
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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Apelt, in view of Brose Fahrzeugteile GmbH & Co (DE202011103246U1), hereinafter "Brose".
Regarding claim 15, Apelt teaches the unitary C-shaped clip (8) of claim 14 but fails to teach wherein the second opening extends across the second bend.
However, Brose teaches it is known in the art to provide punched-out sections (Fig 4, section 18) in connection areas (Fig 4, area 15) for sheet metal nuts (Fig 4, nut 13) to save material and increase elasticity (Paragraph 0030).
Therefore, as evidenced by Brose, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped punched-out section as taught by Brose to extend across the second bend of Apelt. The rationale for supporting this conclusion of obviousness is to save material and increase elasticity (Brose, Paragraph 0030).
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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