DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 § 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 2 and 8 are 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. The claims are considered vague and indefinite for the following reasons:
Regarding claim2, the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the term “preferably” are part of the claimed invention.
Regarding claim8, the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the term “preferably” are part of the claimed invention.
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.
Claims 1-5 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bury (U.S. 4,167,259).
Regarding claim 1, Bury et al. teaches a fastening aid 10, shown in figures 2 and 3, for fastening components to a carrier component (figure 5), in particular a body of a motor vehicle (capable of being used to fasten components of a body of a motor vehicle), comprising a plate-shaped carrier body 12 made from a hard component having a fastening side (upper side as shown in figure 2) and attachment side (lower side as shown in figure 2), wherein the attachment side (lower side as shown in figure 2) is the side with which the fastening aid 10 is attached to the carrier component 60, and a soft component 26 provided on the attachment side (lower side as shown in figure 22), wherein the soft component 26 is made from an adhesive material (“adhesive layer”) that can be activated through the carrier body 12 (col. 2 lines 45-57), wherein a fastening element 14 is arranged on the fastening side (upper side as shown in figure 2) and can be connected to a counter-fastening element of a component (figure 5).
Regarding claim 2, the soft component 26 can be activated by one or more of the following activation methods: preferably by means of ultrasonography, by means of electromagnetic radiation, in particular infrared light, wherein the carrier body is configured to be permeable to the electromagnetic radiation and the soft component 26 is configured to be impermeable to the electromagnetic radiation, by means of hot air, by means of induction, wherein the carrier body 12 is configured such that a current that heats the carrier body 12 can be induced, and/or wherein a current that heats the carrier component in a region of the fastening aid 10 is induced, or by means of physical pressure (induction core; col. 2 lines 45-57).
Regarding claim 3, the fastening element 14 is configured as a bolt 14 with an external threading.
Regarding claim 4, the fastening element 14, in a top plan view of the fastening side (upper side as shown in figure 2), is limited to a central region of the fastening side, so that the fastening aid 10 on the fastening side can be contacted with an activation device circumferentially at an edge region of the fastening side (figure 5).
Regarding claim 5, the fastening aid 10 has a shape that is complementary to a surface of the carrier component (figure 4).
Regarding claim 9, Bury teaches an apparatus, shown in figure 5, for attaching a fastening aid 10 according to claim 4 (described above) to a carrier component 60, in particular a body of a motor vehicle (capable of fastening to a body of a motor vehicle), comprising a reservoir for retaining fastening aids (figure 4), in particular different types of fastening aids 10, having a soft component 26, a traveling device in order to supply one of the fastening aids 10 from the reservoir to the activation device (figures 4 and 5), and the activation device 26 for arranging the fastening aid 10 at a location on the carrier component 60 to be attached and for generating ultrasonic waves, electromagnetic waves, hot air, induction voltage, or physical pressure in order to activate the soft component 26 and attach the fastening aid 10 (induction core; col. 2 lines 45-57).
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 6-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Bury (U.S. 4,167,259) in view of Limpert et al. (DE 102023119003A1).
Regarding claim 6, Bury discloses the claimed invention except for the texturing. Limpert et al. teaches that it is known to provide a fastening aid with texturing (see figures 4 and 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the fastening aid of Bury with the texturing as taught by Limpert et al., in order to prevent slipping by providing a gripping surface.
Regarding claim 7, the soft component 26 comprises a texturing (as modified by Limpert et al. above; texturing shown on both surfaces) on the attachment side, where-in discharge channels are configured in the texturing which extend at least in sections approximately outwardly towards the edge of the carrier body (figure 5).
Regarding claim 8, Bury discloses the claimed invention except for the through-holes. Limpert et al. teaches that it is known to provide a fastening aid with through-holes (see lead lines 7 in figure 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the fastening aid of Bury with the through-holes as taught by Limpert et al., in order to provide a more secure interlocking engagement between the carrier body and soft component.
Regarding claim 10, Bury discloses the claimed invention except for the reservoir. Limpert et al. teaches that it is known to store multiple fastening aids in a reservoir (see element 13 in figure 12). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the fastening aid of Bury stored within a reservoir as taught by Limpert et al., in order to efficiently install multiple fastening aids in successive order.
Further regarding claim 10, Bury teaches a method for attaching a fastening aid 10 according to claim 1 (as described above) to a carrier component 60, in particular a body of a motor vehicle (capable of attaching to a body of a motor vehicle), having an apparatus (induction core) for attaching such a fastening aid 10, according to claim 9 (as described above), comprising retaining of fastening aids 10 in a reservoir (as modified by Limpert et al. above), providing one of the fastening aids 10 from the reservoir for a traveling device (figure 13 of Limpert et al.), supplying the fastening aid 10 to an activation device by means of the traveling device (figure 15 of Limpert et al.), arranging the fastening aid 10 by means of the activation device at a location on the carrier component to be attached, and attaching the fastening aid 10 at the location to be attached by way of an activation of a soft component 26 of the fastening aid by means of the activation device (induction core; col. 2 lines 45-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the adhesive of the fastener.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m.
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736
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