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
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the drawings filed April 29, 2024 are not proper black and white line drawings. This is frequently the result of drawings which are filed in a very dark grey (so dark that it appears black such as RGB value 37, 37, 37) instead of pure black (RGB value 0, 0, 0). While very dark grey may appear black, it causes artifacts and inconsistent line thickness. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
The drawings are objected to because reference character "210b" in Fig 2b is unclear. 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.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of "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" of claims 3 and 18 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract is objected to because it is over 150 words and uses an implied phrase.
The disclosure is objected to because of the following informalities:
In Paragraph 0005, “a user to use replace damaged” is unclear
In Paragraph 0057, “first planar portion 208” should read “first planar portion 208a”
Appropriate correction is required.
Claim Objections
Claims 10 objected to because of the following informalities:
In claim 10, line 2, “a shank” should read “the shank”
In claim 14, line 3, “the nut insert” should read “the ferrous nut insert”
In claim 17, line 6, “the retainer clip” should read “the stamped-metal retainer clip”
Appropriate correction is required.
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 6 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.
Claims 6 recite the limitation "the base plate" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claims 6, 14, and 19 will be read as “the nut base plate”.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oshiro et al. (JP2015135145A), hereinafter "Oshiro", in view of Ljunggren et al. (EP2944835A1), hereinafter "Ljunggren".
Regarding claim 1, Oshiro teaches a retainer assembly (see Fig 1) [for attaching (see Fig 7) a first component (Fig 1, member 1) having a first opening (Fig 1, hole 2) relative to a second component having a second opening], the retainer assembly (see Fig 1) comprising:
a nut insert (Fig 1, nut 5) comprising a bore (Fig 1, hole 6) [configured to engaged (capable of engaging, i.e. this is a functional recitation; see Fig 7) a shank (see Fig 7, Examiner notes a shank of screw 7 as a shank) of a fastener (Fig 7, screw 7)]; and
a retainer clip (Fig 1, clip nut 10) comprising a nut recess (see Fig 7, Examiner notes a recess in clip nut 10 in which nut 5 resides as comprising a nut recess) that is configured to receive (see Fig 7) and retain (see Fig 7) the nut insert (5), wherein the retainer clip (10) comprises,
a first planar portion (Fig 1, portion 30) and a second planar portion (Fig 1, portion 20) that are resiliently connected (see Fig 1) via a sidewall (Fig 1, portion 60) to define a channel (see Fig 1, Examiner notes a channel between portion 30 and portion 20 as to define a channel), and
a nut base plate (Fig 1, piece 40) resiliently connected (see Fig 1) to the first planar portion (30) and extending (see Fig 1) into the channel (see Fig 1).
Oshiro fails to teach wherein the nut insert comprises a ferrous material (Paragraph 0057, Examiner notes Oshiro indicates existing nuts can be used).
However, Ljunggren teaches it is known in the art of nuts to provide wherein the nut insert (Fig 4, nut 21) comprises a ferrous material (Paragraphs 0040-0041, Examiner notes the nut is steel as comprises a ferrous material).
Therefore, as evidenced by Ljunggren, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the nut of Oshiro with an adequately sized and shaped nut which comprises a ferrous material as taught by Ljunggren. The rationale for supporting this conclusion of obviousness is to provide a known nut based on application and use requirements, e.g. strength, durability, flexibility, hardness, and potential aesthetics, etc.
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 a 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 clip nut disclosed by modified Oshiro, 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, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the retainer clip (10) is a **stamped**-metal component (Paragraph 0056, Oshiro indicates punching out a metal sheet and then bending it as appropriate).
**Examiner notes that even though a product-by-process claim is limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698,227 USPQ 964,966 (Fed. Cir. 1985).
Regarding claim 3, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the channel (see Fig 1) is [configured to receive and to secure (capable of receiving and securing, i.e. this is a functional recitation) the first component (1) and the second component between (see Fig 7) the nut base plate (40) and the second planar portion (20)].
Regarding claim 4, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the retainer clip (10) comprises one or more upward-turned flanges (Fig 1, portion 43) [configured to provide resistance to torque (capable of providing resistance to torque, i.e. this is a functional recitation) during assembly (Paragraph 0053, Examiner notes preventing it from coming loose as configured to provide resistance to torque during assembly) of the nut insert (21) with the shank (see Fig 1) of the fastener (7)].
Regarding claim 5, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the nut insert (21) comprises a collar (Ljunggren, see Fig 4, Examiner notes a collar of nut 21 as comprises a collar) and a flange (Ljunggren, see Fig 4, Examiner notes a flange of nut 21 as a flange), wherein the collar (Ljunggren, see Fig 4) defines the bore (Ljunggren, Fig 4, bore 35).
Regarding claim 6, as best understood, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the retainer clip (10) further comprises a tongue (Fig 1, portion 51) resiliently coupled (see Fig 1) to the first planar portion (30) and configured to secure (see Fig 7) a least a portion (see Fig 7) of the nut insert (21) between (see Fig 7) the tongue (51) and the base plate (40).
Regarding claim 7, as best understood, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 6 and further teaches wherein the tongue (51) defines a tongue opening (see Fig 1, Examiner notes an opening between two pressing portions 51 as defines a tongue opening) configured to receive (capable of receiving, i.e. this is functional recitation; see Fig 7) a collar (Ljunggren, see Fig 4) of the nut insert (21).
Regarding claim 8, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the nut base plate (40) is resiliently connected (see Fig 1) to the first planar portion (30) via a sequence of bends (see Fig 1).
Regarding claim 9, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the retainer clip (10) comprises a guide lip (Fig 2, portion 32) positioned (see Fig 1) adjacent an opening (see Fig 1) to the channel (see Fig 1) that is [configured to guide (capable of guiding, i.e. this is a functional recitation; see Fig 7) the first component (1) or the second component into the channel (see Fig 1) and between (see Fig 7) the nut base plate (40) and the second planar portion (20)].
Regarding claim 10, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the bore (Ljunggren, Fig 4, bore 35) is not threaded (Ljunggren, Paragraph 0066, Ljunggren indicates nut 21 is unthreaded) and [configured to accommodate (capable of accommodating, i.e. this is a functional recitation) a shank (see Fig 7) that is thread-forming (Ljunggren, Paragraph 0066, Ljunggren indicates screw 19 is thread-forming or thread-cutting)].
Regarding claim 11, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the nut base plate (40) and the second planar portion (20) collectively define a fastener passage (see Fig 7) [to receive (capable of receiving, i.e. this is a functional recitation; see Fig 7) the shank (see Fig 1) therethrough].
Regarding claim 12, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the nut base plate (40) comprises one or more upward-turned flanges (Fig 1, portion 43) at a perimeter (see Fig 1) of the nut recess (see Fig 7) [configured to mitigate rotation (Paragraph 0053, Examiner notes preventing it from coming loose as configured to mitigate rotation) of the fastener (7) relative to the nut base plate (40)].
Regarding claim 13, Oshiro teaches a retainer assembly (see Fig 1) [for attaching (see Fig 7) a first component (Fig 1, member 1) having a first opening (Fig 1, hole 2) relative to a second component having a second opening], the retainer assembly (see Fig 1) comprising:
a nut insert (Fig 1, nut 5); and
a **stamped**-metal retainer clip (Fig 1, clip nut 10, Paragraph 0056, Oshiro indicates punching out a metal sheet and then bending it as appropriate) comprising a nut recess (see Fig 7, Examiner notes a recess in clip nut 10 in which nut 5 resides as comprising a nut recess) that is configured to receive (see Fig 7) and retain (see Fig 7) the nut insert (5), wherein the **stamped**-metal retainer clip (10) comprises,
a first planar portion (Fig 1, portion 30) and a second planar portion (Fig 1, portion 20) that are resiliently connected (see Fig 1) via a sidewall (Fig 1, portion 60) to define a channel (see Fig 1, Examiner notes a channel between portion 30 and portion 20 as to define a channel), and
a nut base plate (Fig 1, piece 40) resiliently connected (see Fig 1) to the first planar portion (30) and extending (see Fig 1) into the channel (see Fig 1).
Oshiro fails to teach a ferrous nut insert comprising a collar and a flange, wherein the collar defines a bore that is configured to engaged a shank of a fastener (Paragraph 0057, Examiner notes Oshiro indicates existing nuts can be used).
However, Ljunggren teaches it is known in the art of nuts to provide a ferrous nut insert (Fig 4, nut 21, Paragraphs 0040-0041, Examiner notes the nut is steel as a ferrous nut insert) comprising a collar (see Fig 4, Examiner notes a collar of nut 21 as comprising a collar) and a flange (see Fig 4, Examiner notes a flange of nut 21 as a flange), wherein the collar (see Fig 4) defines a bore (Fig 4, bore 35) that is [configured to engaged (capable of engaging, i.e. this is a functional recitation) a shank (Fig 3, shaft 27) of a fastener (Fig 3, screw 19)].
Therefore, as evidenced by Ljunggren, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the nut of Oshiro with an adequately sized and shaped nut as taught by Ljunggren. The rationale for supporting this conclusion of obviousness is to provide a known nut based on application and use requirements, e.g. strength, durability, flexibility, hardness, and potential aesthetics, etc.
Regarding claim 14, as best understood, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 13 and further teaches wherein the **stamped**-metal retainer clip (10) further comprises a tongue (Fig 1, portion 51) resiliently coupled (see Fig 1) to the first planar portion (30) and configured to secure (see Fig 7) a least a portion (see Fig 7) of the nut insert (21) between the tongue (51) and the base plate (40).
Regarding claim 15, as best understood, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 14 and further teaches wherein the tongue (51) comprises a tongue opening (see Fig 1, Examiner notes an opening between two pressing portions 51 as defines a tongue opening) configured to receive (capable of receiving, i.e. this is a functional recitation; see Fig 7) a portion (see Fig 7) of the collar (Ljunggren, see Fig 4).
Regarding claim 16, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 13 and further teaches wherein the nut base plate (40) comprises one or more upward-turned flanges (Fig 1, portion 43) at a perimeter (see Fig 1) of the nut recess (see Fig 7) [configured to mitigate rotation (Paragraph 0053, Examiner notes preventing it from coming loose as configured to mitigate rotation) of the fastener (Fig 7, screw 7) relative to the nut base plate (40)].
Regarding claim 17, Oshiro teaches a retainer assembly (see Fig 1) [for attaching (see Fig 7) a first component (Fig 1, member 1) having a first opening (Fig 1, hole 2) relative to a second component having a second opening], the retainer assembly (see Fig 1) comprising:
a nut insert (Fig 1, nut 5) comprising a bore (Fig 1, hole 6) [configured to engaged (capable of engaging, i.e. this is a functional recitation; see Fig 7) a shank (see Fig 7, Examiner notes a shank of screw 7 as a shank) of a fastener (Fig 7, screw 7)]; and
a **stamped**-metal retainer clip (Fig 1, clip nut 10, Paragraph 0056, Oshiro indicates punching out a metal sheet and then bending it as appropriate) comprising a nut recess (see Fig 7, Examiner notes a recess in clip nut 10 in which nut 5 resides as comprising a nut recess) that is configured to receive (see Fig 7) and retain (see Fig 7) the nut insert (5), wherein the retainer clip (10) comprises,
a first planar portion (Fig 1, portion 30) and a second planar portion (Fig 1, portion 20) that are resiliently connected (see Fig 1) via a sidewall (Fig 1, portion 60) to define a channel (see Fig 1, Examiner notes a channel between portion 30 and portion 20 as to define a channel),
a nut base plate (Fig 1, piece 40) resiliently connected (see Fig 1) to the first planar portion (30) and extending (see Fig 1) into the channel (see Fig 1), and
one or more upward-turned flanges (Fig 1, portion 43) at a perimeter (see Fig 1) of the nut recess (see Fig 7) [configured to mitigate rotation (Paragraph 0053, Examiner notes preventing it from coming loose as configured to mitigate rotation) of the fastener (7) relative to the nut base plate (40)].
Oshiro fails to teach wherein the nut insert comprises a ferrous material (Paragraph 0057, Examiner notes Oshiro indicates existing nuts can be used).
However, Ljunggren teaches it is known in the art of nuts to provide wherein the nut insert (Fig 4, nut 21) comprises a ferrous material (Paragraphs 0040-0041, Examiner notes the nut is steel as comprises a ferrous material).
Therefore, as evidenced by Ljunggren, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the nut of Oshiro with an adequately sized and shaped nut which comprises a ferrous material as taught by Ljunggren. The rationale for supporting this conclusion of obviousness is to provide a known nut based on application and use requirements, e.g. strength, durability, flexibility, hardness, and potential aesthetics, etc.
Regarding claim 18, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 17 and further teaches wherein the channel (see Fig 1) is [configured to receive and to secure (capable of receiving and securing, i.e. this is a functional recitation) the first component (1) and the second component between (see Fig 7) the nut base plate (40) and the second planar portion (20)].
Regarding claim 19, as best understood, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 17 and further teaches wherein the **stamped**-metal retainer clip (10) further comprises a tongue (Fig 1, portion 51) resiliently coupled (see Fig 1) to the first planar portion (30) and configured to secure (see Fig 7) a least a portion (see Fig 7) of the nut insert (21) between (see Fig 7) the tongue (51) and the base plate (40).
Regarding claim 20, modified Oshiro teaches the retainer assembly (see Fig 1) of claim 1 and further teaches wherein the nut base plate (40) is resiliently connected (see Fig 1) to the first planar portion (30) via a sequence of bends (see Fig 1), which defines a guide lip (Fig 2, portion 32) adjacent (see Fig 1) an opening (see Fig 1) to the channel (see Fig 1) that is [configured to guide (capable of guiding, i.e. this is a functional recitation; see Fig 7) the first component (1) or the second component into the channel (see Fig 1) and between the nut base plate (40) and the second planar portion (20)].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOCK WONG whose telephone number is (571)270-1349. The examiner can normally be reached Monday - Friday, 7:30am - 5:00pm (ET).
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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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