This is a Final office action for serial number 18/738794.
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 25 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Gallion et al. (Gallion) 20170059060. The applicant is reminded that the bore, object, cable tie, bundle, and support structure are not positively claimed therefore the prior art only need to be capable of performing the functions related to the bore, object, cable tie, bundle, and support structure.
Gallion discloses Claim:
25. A blind hole mount fastener configured to retain an object to a support structure defining a bore, the blind hole mount fastener comprising: a mount body comprising: a head portion (20); and a stud portion (50) that extends in a first direction from the head portion along a longitudinal axis, the stud portion includes a snap-fit ramp (58) having an angle face that extends laterally outward to a ledge; and a clip member (30) attached to the stud portion, the clip member comprising: an arcuate portion (32) defining a pair of legs (34); and at least one attachment window (36) defined in one leg of the pair of legs, the attachment window including an inwardly projecting lip (as best understood, surface of window that engages ramp) configured to deflect outward as the leg rides down the angle face of the snap-fit ramp and snap over the ledge to form a mechanical snap-fit connection that secures the clip member to the stud portion.
Claim(s) 26 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Pfeiffer et al. (Pfeiffer) DE 102020120438 A1. The applicant is reminded that the bore, object, cable tie, bundle, and support structure are not positively claimed therefore the prior art only need to be capable of performing the functions related to the bore, object, cable tie, bundle, and support structure.
Pfeiffer discloses claim:
26. A blind hole mount fastener configured to retain an object to a support structure defining a bore, the blind hole mount fastener comprising: a mount body (2) formed of a polymer material and having a longitudinal axis, the mount body comprising: a head portion (4); and a stud portion (5) that extends from the head portion and includes a receiver (15) located between a pedestal (16/17) and a limiter (see figure below), the pedestal and the limiter extend radially farther from the longitudinal axis than the receiver; and a metallic clip (3) member attached to the stud portion at the receiver orthogonal to the longitudinal axis, the metallic clip member comprising: a bottom edge (bottom 30) configured to bear against the pedestal; a top edge (top of 30) configured to bear against the limiter; and at least one spring arm portion (32) that extends at an angle relative to the longitudinal axis, the pedestal and the limiter operate as external stops to limit movement of the metallic clip member in a longitudinal direction to prevent the metallic clip member from unseating from the stud portion.
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Allowable Subject Matter
Claims 1, 2, 4, 6-9, 11-17, 21-24 are allowed.
The following is an examiner’s statement of reasons for allowance: In regards to claim 1, the closest prior art Pfeiffer or Gallion do not disclose receiver defined on an exterior surface of the stud portion, the stud portion includes a snap-fit ramp that extends laterally outward from the receiver; and a head portion configured to limit an insertion of the stud portion into the bore, the head portion attaching to the stud portion at the proximal end; and a clip member attached to the stud portion orthogonally to the first direction, the clip member attached to the stud portion at the receiver, the clip member configured to be received within the bore with the stud portion, the clip member defining an arcuate portion comprising a pair of legs and at least one spring arm portion extending from the clip member, the pair of legs configured to deflect outwardly into an unobstructed space outside the stud portion to clear the snap-fit ramp during orthogonal attachment.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments considered and are persuasive for claims 1, 2, 4, 6-9, 11-17, and 21-24. The rejection under 35 U.S.C. 102 (a) (1) as being anticipated by Pfeiffer for claims 1-8, 12 and 18-20 and rejection under 35 U.S.C 103 as being unpatentable over Pfeiffer in view of Gallion for claim 9-11 have been withdrawn.
No arguments were filed in regards to claims 25 and 26 therefore the newly presented rejections of claims 25 and 26 using Gallion et al. (Gallion) 20170059060 and Pfeiffer et al. (Pfeiffer) DE 102020120438 A1, respectively are proper and anticipate the claims.
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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