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, see pages 4-8, filed 12/03/2025, with respect to the rejection(s) of claim(s) 1-10 under Calderoni US 12324488 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Calderoni US 12324488 in view of Oddsen Jr US 6505988.
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.
Claims 1-2, 4-7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Calderoni US 12324488 in view of Oddsen Jr US 6505988.
Regarding Claim 1, Calderoni discloses a fixing structure for decorative accessories, wherein the fixing structure comprises a connector (2), a mounting shaft (13) and a fixing member (12) that are sequentially arranged from front to back;
a rear side of the connector is provided with a first fixing hole (annotate Fig 2);
a front side of the fixing member is provided with a second fixing hole (annotated Fig 6), and a rear side surface of the fixing member is an arc surface (Fig 5);
front and rear sides of the mounting shaft are provided with a first insertion portion (7) for extending into the first fixing hole and a second insertion portion (21) for extending into the second fixing hole, respectively; and
an outer surface of the first insertion portion is provided with a first indentation pattern (20), such that the first insertion portion is in interference fit with the first fixing hole (para 14, “The stem 6 is configured to be coupled with interference fit internally with the pin 13.
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Calderoni does not disclose wherein an outer surface of the second insertion portion is provided with a second indentation pattern, such that the second insertion portion is in interference fit with the second fixing hole;
wherein the first indentation patter and the second indentation pattern both comprise concave and convex patterns composed of a plurality of strip-shaped grooves and a plurality of strip-shaped protrusions, and the strip shaped grooves and the strip shaped protrusions are arranged in an intersected mode.
Oddsen Jr discloses a shaft (Oddsen Jr 30) with a diamond knurl band (Oddsen Jr 32) (Oddsen Jr Fig 4a). Examiner notes that a diamond knurl band is composed of intersected strip shaped grooves and protrusions.
It would have been obvious to one skilled in the art before the effective filing date of the invention to modify the fixing structure of Calderoni to include the indentation pattern of a plurality of strip-shaped grooves and a plurality of strip-shaped protrusions arranged in an intersected mode as taught by Oddsen Jr on the first and second insertion portions to allow for a secure press fit (Oddsen Jr column 4 lines 36-39).
Regarding Claim 2, Calderoni discloses wherein the connector is made of one of materials including plastic, a zinc alloy, an aluminum alloy, and copper; and the fixing member is made of one of materials including plastic, a zinc alloy, an aluminum alloy, and copper (Para 6, “it is known to use resilient materials, such as plastic”).
Regarding Claim 4, Calderoni discloses wherein the rear side of the connector is provided with a first cylindrical protrusion (6), and the first fixing hole is provided in a middle portion of the first cylindrical protrusion (Fig 2).
Regarding Claim 5, Calderoni discloses wherein a width of the mounting shaft is greater than that of the first insertion portion (7).
Calderoni does not disclose wherein the width of the shaft is greater than that of the second insertion portion.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second insertion portion as disclosed by Calderoni to be smaller than the width of the shaft in order to accommodate different insertion holes of different fixing members, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 (iv) (a).
Regarding Claim 6, Calderoni discloses wherein a rear side of the second insertion portion is provided with a blocking piece (21), a middle portion of a rear side of the fixing member is provided with an embedding groove (annotated Fig 6) that is matched with the blocking piece, and the second fixing hole is in communication with the embedding groove.
Regarding Claim 7, Calderoni discloses wherein characterized in that the first insertion portion, the mounting shaft and the second insertion portion adopt an integrated structure (Fig 5).
Regarding Claim 9, Calderoni discloses the invention except wherein the mounting shaft is made of one of materials including iron and stainless steel.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the shaft material to be iron or stainless steel, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious engineering design choice. It is also a common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, and potential aesthetics, etc., for the application, intended use, and design considerations for that material. MPEP 2144.07.
Regarding Claim 10, Calderoni discloses wherein the front side of the fixing member is provided with a second cylindrical protrusion (Calderoni, annotated Fig 5), and the second fixing hole is provided in a middle portion of the second cylindrical protrusion.
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 ANNA SALEM RASHID whose telephone number is (703)756-1113. The examiner can normally be reached M-F 10:00 - 6:00.
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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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/ANNA S RASHID/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677