DETAILED ACTION
This communication is a first office action on the merits. Claims 1-6, as filed are currently pending and have been considered below.
Election/Restrictions
Claim 6 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09 June 2026.
Claim Rejections - 35 USC § 103
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US 2014/0109357) in view of Ammann et al. (US 11,261,898) and Binkert (US 2013/0302087).
Regarding claim 1, Fischer discloses an apparatus comprising:
a clip body (14) having a first end, a second end and a pair of side walls (18) extending from the first end to the second end and defining an internal cavity of the clip body (Fig. 2 shows the internal cavity of the clip), each side wall being provided with a window (20);
a pair of retaining portions (22) extending from the side walls at the second end of the clip body, each of the retaining portions comprising:
a protruding portion (22b) that protrudes through the window in the respective side wall and is deflectable into the internal cavity of the clip body when the fastening clip is mounted through the hole of the component (the device shown in Figs. 1 and 2 is capable of deflecting in this manner), and
an end portion (22c) provided within the internal cavity of the clip body; and
a head portion (12) provided at the first end of the clip body and protruding from said side walls (Figs. 1 and 2 as shown), the head portion comprising an opening (Fig. 1 as shown).
Fischer fails to disclose the end portion extending towards the first end.
Amman et al. teach wherein a clip wherein end portions (7) extend toward a first end (Fig. 3 as shown).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize the free ends of Fischer protrude in a manner that could damage or interfere with items passing into the openings of the head. Folding the end portions in a direction toward the first end in the manner shown by Amman et al. would provide blunt ends which would be safer to a removal tool inserted into the openings.
Fischer further fails to disclose wherein each of the pair of side walls comprises a protuberance protruding into the internal cavity, and wherein the protuberance maintains a separation between the end portion of the retaining portion and the side wall for insertion of a removal tool between the end portion of the retaining portion and the side wall to deflect the retaining portion inwards for removal of the fastening clip from the component.
Binkert teaches a fastener with a protuberance (20) provided in a side wall (13) protruding into an internal cavity (Fig. 6 as shown) wherein a separation is maintained by the protuberance (Fig. 6 as shown).
It would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize the need to stiffen the sidewalls for overall clip integrity and provide spacing between the end portion and the sidewall for tool insertion. Including the protuberance of Binkert to the sidewalls of Fischer would provide the desired stiffness and spacing.
Regarding claim 2, the combination device of Fischer, Amman et al. and Binkert further teach wherein a distance between the protuberance and the end portion is less than a distance between the side wall and the end portion (including the protuberance as shown in Fig. 6 of Binkert would provide the desired spacing with the end portion of Amman et al. as provided with Fischer).
Regarding claim 3, the combination device of Fischer, Amman et al. and Binkert further teach wherein the protuberance and the end portion of the retaining portion are configured to guide a removal tool therebetween (the combination device can operate in this manner).
Regarding claim 4, the combination device of Fischer, Amman et al. and Binkert further teach wherein the end portion extends towards the first end of the clip body substantially parallel to the side wall (the end portion shown in Fig. 3 of Amman et al. extends in the parallel direction).
Regarding claim 5, the combination device of Fischer, Amman et al. and Binkert further teach wherein the end portion has a substantially U-shape (Fig. 3 of Amman et al. show the end portion with a U-shape).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Binkert (US 11,519,437), (US 11,384,779), (US 2020/0116177), (US 10,590,969) and Mutz (US 2020/0063779) disclose a fastening clip with a protrusion on a sidewall.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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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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/MICHAEL S LEE/ Examiner, Art Unit 3677
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