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 .
This is the Final Office action from the examiner in charge of this application in response to the Amendment filed on 1/2/2026.
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) 1-2, and 6-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 10371147 to Koide et al (hereinafter Koide) in view of USP 7828302 to Hurlbert et al (hereinafter Hurlbert) and USP 6504243 to Andric et al (hereinafter Andric).
Koide discloses (Claim 1). A joining element 30 for coupling two parts 37,40 of an electronic control unit housing, the joining element 30 comprising (such as shown in Fig. 9): a first pair of engagement elements 32a configured to engage and receive a first part 37 of the housing by a first engagement force; a second pair of engagement elements 32a configured to engage and receive a second part 40 of the housing by a second engagement force, wherein: the first pair of engagement elements 32a is configured to receive and engage with the first part 37 of the housing by a first engagement force, the second pair of engagement elements 32a is configured to receive and engage with the second part 40 of the housing by a second engagement force, the first and second pair of engagement elements 32a are formed as a unitary profile; (Claim 2). The joining element of claim 1 wherein the joining element is formed from an electromagnetically compatible material (rubber and stainless steel); (Claim 9). A housing comprising: a first part 21; a second part 22, wherein the first part 21 and the second part 22 each have upstanding walls 37,40 configured to align with each other at corresponding edges to form an enclosed space within the housing; and at least one joining element 30 including: a first pair of engagement elements configured to engage and receive the first part by a first engagement force; and a second pair of engagement elements configured to engage and receive the second part by a second engagement force, wherein: the first and second pair of engagement elements are formed as a unitary profile, and the at least one joining element 30 is configured for coupling the respective upstanding walls 37,40 of the first part and the second part across at least a portion of the respective edges. (Claim 10). The housing of claim 9 wherein the first part and the second part are secured together by at least one fastening element 50; (Claim 11). The housing of claim 10 wherein the fastening element is a screw 50 extending through aligned openings of the first part 37 and the second part 40; (Claim 12). The housing of claim 9 wherein the first part and the second part are die cast metal (col. 3, lines 33-34); (Claim 14). The method of claim 13 wherein the at least one joining element includes a plurality of joining elements to be engaged with the edge via respective first pairs of resilient engagement elements; (Claim 15). The method of claim 13 further comprising securing the first part and the second part together with a fastening element.
The differences being that Koide fails to clearly discloses the limitations in (i) claims 1 and 9 of the joining element comprising: a common wall element; the first and second pair of engagement elements are resilient, wherein the first pair of resilient engagement elements and the second pair of resilient engagement elements extend from opposite sides of the common wall element for aligning the first part of the housing and the second part of the housing to be coupled, the first pair of resilient engagement elements, the second pair of resilient engagement elements, and the common wall element are formed as a unitary profile from a single piece of material, elongate along a longitudinal axis about which the respective pairs of elements pivot, a closed end of the first pair of resilient engagement elements, opposite an open end that receives and engages with the first part of the housing, forms a U-shaped portion of the unitary profile that includes the second pair of resilient engagement elements, the bottom wall element is a bottom of the U-shaped portion, and securing the second part of the housing by the second pair of resilient engagement elements causes an increase in the first engagement force on the first part; (ii) claims 6-7; (iii) claims 8 and 16; and (iv) the method steps of claims 13-15.
However, Hurlbert discloses a joining element 110 for coupling two parts 16,18 of a housing, the joining element 110 comprising (such as shown in Fig. 7): a first pair of resilient engagement elements configured to engage and receive a first part of the housing; and a second pair of resilient engagement elements configured to engage and receive a second part of the housing by a second engagement force; and a common wall element, wherein: the first pair of resilient engagement elements is configured to receive and engage with the first part of the housing by a first engagement force, the second pair of resilient engagement elements is configured to receive and engage with the second part of the housing by a second engagement force, the first and second pair of resilient engagement elements are formed as a unitary profile, elongate along a longitudinal axis about which the respective pairs of elements pivot, a closed end of the first pair of resilient engagement elements, opposite an open end that receives and engages with the first part of the housing, forms a U-shaped portion of the unitary profile that includes the second pair of resilient engagement elements, and securing the second part of the housing by the second pair of resilient engagement elements causes an increase in the first engagement force on the first part; wherein: the first pair of resilient engagement elements and the second pair of resilient engagement elements extend from opposite directions of the common wall element for aligning the parts to be coupled, and the common wall element is a bottom of the U-shaped portion; (Claim 6) wherein an opening to at least one of the first pair of resilient engagement elements and the second pair of resilient engagement elements includes a guide feature (portion of beads 124 and 128) for facilitating positioning of the respective part; (Claim 7) wherein the second pair of resilient engagement elements is equal to a depth of the first pair of resilient engagement elements.
Meanwhile, Andric discloses a joining element 58 (such as shown in Fig. 6) comprising: first pair of resilient engagement elements 90A-B; a second pair of resilient engagement elements 94A-B; and a common wall element 92, wherein the first pair of resilient engagement elements and the second pair of resilient engagement elements extend from opposite sides of the common wall element 92, the first pair of resilient engagement elements 90A-B, the second pair of resilient engagement elements 94A-B, and the common wall element 92 are formed as a unitary profile from a single piece of material, elongate along a longitudinal axis about which the respective pairs of elements pivot, a closed end of the first pair of resilient engagement elements 90A-B, opposite and open end forms a U-shaped portion of the unitary profile that includes the second pair of resilient engagement elements 94A-B, and flexing/moving the second pair of resilient engagement elements causes an increase in a first engagement force on the first pair of resilient engagement elements 90A-B; wherein the joining element is formed from spring steel, wherein the unitary profile is formed from a bent single sheet or strip of material which form in sequence a first jaw of the first pair of resilient engagement elements 90A-B, a first jaw of the second pair of resilient engagement elements 94A-B, the common wall element 92, a second jaw of the second pair of resilient engagement elements 94A-B, and a second jaw of the first pair of resilient engagement elements 94A-B.
Therefore, it would have been obvious and well within the level of one skilled in the art before the effective filing date of the claimed invention, in view of Hurlbert and Andric, to modify Koide to include the limitations in (i) claims 1 and 9 of the joining element further comprising: a common wall element; the first and second pair of engagement elements are resilient, wherein the first pair of resilient engagement elements and the second pair of resilient engagement elements extend from opposite sides of the common wall element for aligning the first part of the housing and the second part of the housing to be coupled, the first pair of resilient engagement elements, the second pair of resilient engagement elements, and the common wall element are formed as a unitary profile from a single piece of material, elongate along a longitudinal axis about which the respective pairs of elements pivot, a closed end of the first pair of resilient engagement elements, opposite an open end that receives and engages with the first part of the housing, forms a U-shaped portion of the unitary profile that includes the second pair of resilient engagement elements, the bottom wall element is a bottom of the U-shaped portion, and securing the second part of the housing by the second pair of resilient engagement elements causes an increase in the first engagement force on the first part; (ii) 6-7: (Claim 6) wherein an opening to at least one of the first pair of resilient engagement elements and the second pair of resilient engagement elements includes a guide feature for facilitating positioning of the respective part; (Claim 7) wherein the second pair of resilient engagement elements is equal to a depth of the first pair of resilient engagement elements; (iii) claims 8 and 16: (Claim 8) of wherein the joining element is formed from spring steel; (Claim 16) of wherein the unitary profile is formed from a bent single sheet or strip of material which form in sequence a first jaw of the first pair of resilient engagement elements, a first jaw of the second pair of resilient engagement elements, the common wall element, a second jaw of the second pair of resilient engagement elements, and a second jaw of the first pair of resilient engagement elements with a reasonable expectation of success in order to increase the overall versatility of the joining element.
Regarding (iii) the method steps of claims 13-15, since Koide, as modified, discloses all the structural elements recited therein, it would have been obvious and well within the level of one skilled in the art before the effective filing date of the claimed invention to perform the method steps recited therein.
Response to Arguments
Applicant's arguments filed 1/2/2026 have been fully considered but they are not persuasive. In response to applicant’s argument on pages 6-7 that Koide is unsuitable as a primary reference for failing to teach the claimed jawed clip, which grips opposed upstanding walls of two separate housing halves, the examiner respectfully take the position that the claimed language is drawn to a joining element for coupling two parts of an electronic control unit housing, and opposed upstanding walls of two separate housing halves are not recited in the claims. Since, Koide discloses a joining element for coupling two parts of an electronic control unit housing, Koide is qualified as a primary reference.
In response to applicant’s argument on pages 7-9 that Koide, as modified in view of Hurlbert, fails to disclose the limitations in claim 1 of “securing the second part of the housing by the second pair of resilient engagement elements causes an increase in the first engagement force on the first part” and that “[B]ecause the first and second halves of the resilient spring 132 in Hurlbert are disjointed, an increased force on one half of the resilient spring 132 from securing one of the flanges 112, 114 does not cause an increased force on the other of the flanges 112, 114”, the examiner respectfully take the position that (i) although the resilient spring 132 of Hurlbert are disjointed halves, the halves are being connected by an elastomeric/flexible gasket 110, (ii) Hurlbert discloses in the Abstract “[L]ikewise, lateral contact pressure between a second pair of beads (28) and their respective contact faces (42) is increased in direct response to the lateral displacement of the reinforcing spring (32) in the region of the first beads (24) during assembly”, and (iii) Hurlbert discloses in col. 6, lines 40-42, “[I]n all other respects, the gasket 110 functions the same as that described above in connection with the preferred embodiment”; therefore, it is inherent that Hurlbert meets the limitations of “securing the second part of the housing by the second pair of resilient engagement elements causes an increase in the first engagement force on the first part”. Further, Andric discloses a joining element 58 (such as shown in Fig. 6) comprising: first pair of resilient engagement elements 90A-B; a second pair of resilient engagement elements 94A-B; and a common wall element 92, wherein the first pair of resilient engagement elements and the second pair of resilient engagement elements extend from opposite sides of the common wall element 92, the first pair of resilient engagement elements 90A-B, the second pair of resilient engagement elements 94A-B, and the common wall element 92 are formed as a unitary profile from a single piece of material, elongate along a longitudinal axis about which the respective pairs of elements pivot, a closed end of the first pair of resilient engagement elements 90A-B, opposite and open end forms a U-shaped portion of the unitary profile that includes the second pair of resilient engagement elements 94A-B, and flexing/moving the second pair of resilient engagement elements causes an increase in a first engagement force on the first pair of resilient engagement elements 90A-B; wherein the joining element is formed from spring steel, wherein the unitary profile is formed from a bent single sheet or strip of material which form in sequence a first jaw of the first pair of resilient engagement elements 90A-B, a first jaw of the second pair of resilient engagement elements 94A-B, the common wall element 92, a second jaw of the second pair of resilient engagement elements 94A-B, and a second jaw of the first pair of resilient engagement elements 94A-B. Therefore, the structure of Koide, as modified in view of Hurlbert and Andric, meets the limitations of securing the second part of the housing by the second pair of resilient engagement elements would cause an increase in the first engagement force on the first part.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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HVT
March 11, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637