DETAILED ACTION
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 filed 6/8/26 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., specific arrangements of structures, prohibiting interactions or movements – see below) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant has argued (Pg. 9-10) that Wisniewski (US 9,382,702) does not disclose a clip with two peripheral straight edges connected by a rounded peripheral edge surface which form first and second stops. Applicant argues that because it discloses the inclusion of a guide structure this guide limits the rotation and peripheral edges of the clip do not act as stops (Pg. 9).
This argument is not persuasive. Firstly, Applicant is arguing that the claim language requires a certain operational procedure which they do not, as long as the prior art has a moveable clip which rotates and that its rotation is limited at one extreme by a first straight edge surface contacting something and in a second direction by a second straight edge surface contacting something then it satisfies the claim language.
It is noted that the guide structure (40/42) of Wisniewski which Applicant cites is the support structure of the clip device. The identified structure, which is the support structure of the clip device, functions by physically engaging the moveable clip and specifically its edges. At minimum Fig. 8 of Wisniewski depicts how one peripheral straight edge engages a back inner surface of the guide at a lowest non-operational position to prevent further rotation. Fig. 10 of Wisniewski details how the moveable clip once rotated to the operational position is prevented from rotating as it rises due to the straight peripheral edges of the moveable clip being restrained by their engagement with the support structure. As such the edges of the moveable clip engaging the support structure results in the peripheral edges of the moveable clip acting as stops in a first and second rotational direction.
If Applicant seeks to limit the construction of the support structure, prohibit the clip from engaging other intermittent surfaces/guides or impart any other limitation then such limitations must be included in the claim language.
Regarding Applicant’s argument that Wisniewski operates under a different principal to Applicant’s invention. It is noted that, as described above, Wisniewski limits rotation at a non-operational position by engaging a straight edge of the clip, the clip can rotate to an operational position at which it engages with the support structure again to limit its rotation to that operational position. As such Wisniewski operates under the same principal of engaging peripheral straight edges of the moveable clip with a support structure to limit rotation between two extremes.
It is further noted that the lack of detail regarding said contact in Wisniewski was addressed through the teachings of a secondary reference which more clearly detailed the use of a non-perpendicular corner between two to facilitate 90 degree rotation of a pivotable sink clip.
If Applicant seeks to limit additional aspects of the structure or function then such limitations must be included in the claims.
Applicant has argued (Pg. 10) that Wisniewski cannot satisfy the requirements of claim 1 because its moveable clip allegedly rotates while vertically moving meaning the rotation is not stopped at discrete angular positions through contact with its peripheral edges as required.
It is noted that the language of claims 1 and 13 does not prohibit simultaneous vertical and rotational movement.
It is noted that the language of claims 1 and 13 does not prohibit the use of any form of guide structure, merely that the peripheral edges of the clip act as stops for angular rotation.
It is noted that claims 1 and 13 require two straight peripheral edge surfaces be connected by a rounded peripheral edge surface however it does not require that the two straight surfaces be directly connected by the rounded surface and it does not set forth any other requirements/limits regarding how the two straight surfaces are arranged in relation to one another.
It is noted that the language of claim 1 does not set forth specific requirements for what surface is contacted by the peripheral edges to act as a stop.
Applicant’s has argued with respect to claims 1 and 13, that the use of GB 1035961 for use of the term ‘bevel’ means it is not a ‘rounded’ surface to which the examiner disagrees however for the purpose of compact prosecution a new reference DE 29707439 has been provided which teaches replacing a 90 degree connection between two straight edges with a rounded connection to facilitate a 90 degree turn of a clip structure.
Applicant’s arguments, see Pg. 13, filed 6/826, with respect to the rejection(s) of claim(s) 15 and 21 under 35 USC 103 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 newly found applied prior art US 3,008,150 (Lyon) which discloses a clip device with two straight peripheral edges acting as rotational stops connected by a rounded peripheral edge in constant contact with a support structure during rotation.
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 is directed at “A sink arrangement for securing a sink to a worktop” in the preamble before claiming “the sink including a plurality of connection elements”. As the preamble could be interpreted as being directed at a fastening arrangement only and not a sink with a fastening/mounting arrangement Applicant is advised to clarify that ‘a sink’ is being positively recited as required for the positive recitations of a plurality of connection elements being distributed around its periphery.
Appropriate correction is required.
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.
Claim 20 is 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.
Claim 20 recites the limitation "a further contact surface of the clip" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 depends from claim 13 which introduces a contact surface of the support structure but has not established a contact surface of the clip. The language of the claim indicates that a second contact surface is being defined on the clip when a first has not been defined. Further the claim introduces an additional contact surface on the support structure in addition to the previously claimed contact surface of the support structure resulting in three ‘contact surfaces’ all referred to as ‘a contact surface’.
Claim 20 recites the limitation "a corresponding contact surface of the support structure" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 depends from claim 13 which introduces ‘a contact surface’ on the spacer which is a part of the support structure. As such ‘a contact surface of the support structure’ has already been introduced and claimed with the descriptor of ‘a contact surface’. The language of claim 20 as such makes it unclear if the previously claimed contact surface of the support structure is capable of satisfying this limitation, if the claim requires an introduction/identification of a new and distinct contact surface on the support structure or if there are other ‘contact surfaces’ on the support structure being referenced which haven’t been explicitly claimed.
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 1-6, 8, 13-15, 18 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,008,150 (Lyon).
Regarding claim 1, Lyon discloses a clip device (25) for securing a sink (10) to a worktop (9), wherein the clip device is adapted for being connected to the sink, the clip device comprises:
a moveable clip (28/38; Fig. 1, 5) that is adapted for engagement with the worktop (Figs. 2, 5), wherein the clip device is adapted for movement of the clip between a non-operational position, in which the clip is prevented from engagement with the worktop, and an operational position, in which the clip is allowed to engage with the worktop (Fig. 3 – secondary position depicted with broken lines; C2 L41-47), wherein the clip is in a retracted state in the non-operational position and in an extended state in the operational position (Fig. 3; C2 L41-47), wherein the non-operational position and the operational position are angularly spaced (Fig. 3; C2 L41-47 – 90 degrees), wherein the clip device is adapted for maintaining the clip in the non-operational position so that the clip device may be connected to the sink during movement of the sink towards a desired position relative to an opening of the worktop and that the clip device is adapted for movement of the clip from the non-operational position towards the operational position when the sink is in the desired position relative to the worktop (C2 L41-47, C3 L13-24);
wherein the clip comprises two peripheral straight edge surfaces (Fig. 3 - opposing sides of 28a; Annotated figure 1 below) connected by a rounded peripheral edge surface (Fig. 3 - rounded rear edge 28c of arm 28), the two peripheral straight edge surfaces respectively defining a first end stop in a first direction corresponding to the non-operational position and a second end stop in a second direction opposite the first direction corresponding to the operational position (C2 L41-47; Fig. 1, annotated below – opposing sides engage sides of guide 26 to stop rotation).
PNG
media_image1.png
379
497
media_image1.png
Greyscale
Regarding claim 2, Lyon discloses that the clip is arranged to be pivoted between the on-operational position and the operational position (Fig. 3; C2 L41-47, C3 L13-24).
Regarding claim 3, Lyon discloses that the non-operational position and the operational position are angularly spaced by about 90 degrees (Fig. 3; C2 L41-47).
Regarding claim 4, Lyon discloses that the clip device is adapted to guide the clip from the non-operational position via a first pivoting motion to the operational position followed by movement along a straight line with the clip in the operational position for engagement with the worktop (C2 L41-47, 55-58; C3 L13-24; Fig. 1, annotated below).
PNG
media_image1.png
379
497
media_image1.png
Greyscale
Regarding claim 5, Lyon discloses the inclusion of a screw (27/37 – In so much as applicant’s ‘screw’ is a screw, Lyon utilizes a threaded fastener with a head configured to receive a tool to turn the fastener and rotate the threads) adapted for moving the clip between the non-operational position and the operational position, wherein the clip has a threaded through-hole adapted for engagement with threads of the screw (Figs. 1, 3 – hole in center of rear 28a’ of the arm; Claims – arm 28/38 is threadedly mounted on screw 27/37).
Regarding claim 6, Lyon discloses that the clip further comprises a first leg (28/28’) and a second leg extending at an angle relative to the first leg (28b/28d – upturned teeth), wherein the first leg of the clip has the threaded through-hole adapted for engagement with the screw (Fig. 3) and wherein a free end of the second leg has an engagement portion (28d) adapted for engagement with the worktop.
Regarding claim 8, Lyon further discloses the inclusion of a support structure (26/36) for connection to the sink (Figs. 2, 5), wherein a contact surface of the clip is adapted for engagement with a corresponding contact surface of the support structure for maintaining the clip in the non-operational position via friction between the contact surfaces (support 26 guide wall 26g prevents rotation beyond non-operational position and as such maintains the clip in said position through friction).
Regarding claim 13, Lyon discloses a sink arrangement for securing a sink to a worktop, comprising:
a sink (40) including a plurality of connection elements (39) distributed around a periphery of the sink (Fig. 4),
a plurality of clip devices (25/35) adapted to be connected to the sink, the plurality of clip devices each including:
a moveable clip (28/38; Fig. 1, 5) that is adapted for engagement with the worktop (Figs. 2, 5), wherein the clip device is adapted for movement of the clip between a non-operational position, in which the clip is prevented from engagement with the worktop, and an operational position, in which the clip is allowed to engage with the worktop (Fig. 3 – secondary position depicted with broken lines; C2 L41-47), wherein the clip is in a retracted state in the non-operational position and in an extended state in the operational position (Fig. 3; C2 L41-47), wherein the non-operational position and the operational position are angularly spaced (Fig. 3; C2 L41-47 – 90 degrees), wherein the clip device is adapted for maintaining the clip in the non-operational position so that the clip device may be connected to the sink during movement of the sink towards a desired position relative to an opening of the worktop and that the clip device is adapted for movement of the clip from the non-operational position towards the operational position when the sink is in the desired position relative to the worktop (C2 L41-47, C3 L13-24);
a support structure (26/36) for connecting to the sink, the support structure including a spacer member (26e/36e) having a contact surface facing the clip (Contact surface includes inner surface of tubular body 26e/36e and extends on edges 26g/26h/36g/36h);
wherein the clip comprises two peripheral straight edge surfaces (Fig. 3 - opposing sides of 28a; Annotated figure 1 below) connected by a rounded peripheral edge surface (Fig. 3 - rounded rear edge 28c of arm 28), the two peripheral straight edge surfaces respectively defining a first end stop in a first direction corresponding to the non-operational position and a second end stop in a second direction opposite the first direction corresponding to the operational position (C2 L41-47; Fig. 1, annotated below – opposing sides engage sides of guide 26 to stop rotation);
PNG
media_image1.png
379
497
media_image1.png
Greyscale
wherein pivoting of the clip in one direction is stopped by one of the two peripheral straight edge surfaces contacting the contact surface of the spacer member and pivoting of the clip in the other direction is stopped by the other one of the two peripheral straight edge surfaces contacting the contact surface of the spacer member (Figs. 1, 3, 5; C2 L41-57); and
wherein connection elements (36a/36c) of each one of the plurality of clip devices is adapted for connection to one of the plurality of connection elements of the sink, wherein an engagement portion (28b/28d; outer/free end of the moveable clip with engagement teeth) of the clip for engagement with the worktop is in the retracted state proximate to the sink and in the extended state distant to the sink (Figs. 2, 3, 5; C2L41-57).
Regarding claim 14, Lyon discloses that the sink comprises a container (12/41/42) and a rim (14b/44b) extending around the container (Figs. 2, 4-5), wherein the plurality of clip devices are adapted to be connected to the sink below the rim with the clip in the non-operational position such that the engagement portions of the clips are spaced from a peripheral edge of the rim seen from above so that the sink may be lowered into an opening in the worktop while the plurality of clip devices are connected to the sink (C2 L41-47, C3 L12-34, C3 L67-C4 L7).
Regarding claim 15, Lyon discloses that during pivoting of the clip between the non-operational position and the operational position, the rounded peripheral edge surface is in continuous contact with the contact surface of the spacer member (C3 L4-12 – rounded surface 28c/the rounded back surface of the clip remains in sliding engagement with the inner surface portion of the contact surface of the spacer throughout movement).
Regarding claim 18, Lyon discloses that the clip further comprises a first leg (28/28’) and a second leg extending at an angle relative to the first leg (28b/28d – upturned teeth), wherein the first leg of the clip has a threaded through-hole for engagement with a screw (Figs. 1, 3 – hole in center of rear 28a’ of the arm; Claims – arm 28/38 is threadedly mounted on screw 27/37) and wherein a free end of the second leg has an engagement portion (28d) adapted for engagement with the worktop.
Regarding claim 21, Lyon discloses that the clip device further includes a support structure (26/36) including a spacer (26e/36e) member having a contact surface facing the clip (Contact surface includes inner surface of tubular body 26e/36e and extends on edges 26g/26h/36g/36h);
wherein the two peripheral straight edge surfaces are structured and arranged to contact the contact surface of the spacer member to define the first end stop and the second end stop upon pivoting the clip between the non-operational position and the operational position (Figs. 1, 3, 5; C2 L41-57); and
wherein during pivoting of the clip between the non-operational position and the operational position, the rounded peripheral edge surface is in continuous contact with the contact surface of the spacer member (C3 L4-12 – rounded surface 28c/the rounded back surface of the clip remains in sliding engagement with the inner surface portion of the contact surface of the spacer throughout movement).
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.
Claims 1-6, 8, 13-15 and 18 are rejected in the alternate and claims 7, 9-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 9,382,702 (Wisniewski) in view of DE 29707439 (DE)
Regarding claim 1, Wisniewski discloses a clip device (10) for securing a sink (50) to a worktop, wherein the clip device is adapted for being connected to the sink (Fig. 5A), the clip device comprises:
a moveable clip (30) that is adapted for engagement with the worktop (51) (Fig. 9D),
wherein the clip device is adapted for movement of the clip between a non-operational position, in which the clip is prevented from engagement with the worktop, and an operational position, in which the clip is allowed to engage with the worktop (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip is in a retracted state in the non-operational position and in an extended state in the operational position (C3L26-C4L3) (Figs. 9A-9B),
wherein the non-operational position and the operational position are angularly spaced (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip device is adapted for maintaining the clip in the non-operational position so that the clip device may be connected to the sink during movement of the sink towards a desired position relative to an opening of the worktop and that the clip device is adapted for movement of the clip from the non-operational position towards the operational position when the sink is in the desired position relative to the worktop (C3L26-51),
wherein the moveable clip further comprises a plurality of straight peripheral edge surfaces joined by rounded peripheral surfaces with two side straight peripheral side edges and a rear straight peripheral edge at an angle to the other peripheral edge surfaces (Fig. 16; annotated figure below).
PNG
media_image2.png
268
485
media_image2.png
Greyscale
Wisniewski further discloses that engagement between the peripheral edge surfaces of the clip and a spacer member (40) of a support structure (15) of the clip device stops rotational movement of the clip toward the operational and non-operational positions (C3 L58-C4 L14). Fig. 8 depicts the clip in its non-operative position showing how a first side straight peripheral edge surface of the clip engages the support structure and can rotate no further (annotated figure below).
PNG
media_image3.png
340
519
media_image3.png
Greyscale
Fig. 9C depicts how after being rotated to the operating position the clip is stopped from rotating further and instead moves in a straight vertical path and Fig. 10 depicts how the surfaces of the spacer member limit how far the clip can be rotated towards the operating position but doesn’t explicitly detail this engagement/interaction (annotated figure below).
PNG
media_image4.png
574
560
media_image4.png
Greyscale
While Wisniewski discloses the first side peripheral straight edge surface engages the spacer member of the support structure to act as a rotational stop in the non-operational position (as discussed above), it does not explicitly details/describe whether the second rear straight peripheral edge surface which is at an angle to the first side peripheral straight edge surface and directly connected through a rounded peripheral edge engages the spacer member once at the operational position to limit rotation or if the structure relies upon the third straight peripheral edge which isn’t at an angle to the first edge to engage the spacer member once at the operational position.
DE teaches a clip device (1) for mounting a sink to a worktop comprising a movable clip (3) which is coupled to a support structure (2) (Fig. 1, 7). DE teaches that the clip is mounted to a screw (10) such that it turns with the screw. DE teaches that the screw can be turned to raise of lower the clip into and out of engagement with a work top when the clip is in stopped from rotating by engaging a contact surface of the support structure (Translated Spec Para. 0031; Fig. 7). DE further teaches that the shape of the clip device can be modified to modify how the moveable clip moves and operates. DE teaches that a first embodiment of the clip comprises straight peripheral edge surfaces at an angle relative to one another and joined by non-rounded corners (Annotated figure 5 below).
PNG
media_image5.png
375
406
media_image5.png
Greyscale
The lack of a rounded corner results in the clip being unable to rotate relative to the support structure as the corner prevents the straight peripheral edge from rotating away from a contact surface of the support structure (annotated figure below) and as such the embodiment is only configured to remain in an ‘operational position’ in which the clip is in a position to be raised and engage with the worktop (Para. 0033, Fig. 5).
PNG
media_image6.png
327
450
media_image6.png
Greyscale
A second embodiment (Fig. 6) is provided with a single rounded peripheral edge which directly connects adjacent straight peripheral edges that are at an angle to one another (Para. 0033; annotated figure below).
PNG
media_image7.png
388
595
media_image7.png
Greyscale
DE teaches that the rounding of this one edge permits the clip structure to rotate 90 degrees between said operational position and a non-operational position where it extends along the sink basin body and does not project under the worktop surface to facilitate installing the sink through the worktop with the clip devices installed on the sink with the only structure for the clip peripheral edges to engage being the contact surface of the support (Para. 0033-034, 0038). The operational position as shown in Figs. 1 and 6 depict how the first straight peripheral edge of the hook engages the contact surface of the support structure to prevent rotation. The rounded edge of Fig. 6 permits rotation of the clip through 90 degrees such that a second peripheral straight edge directly connected to the first by the rounded edge will engage the contact surface of the support structure.
PNG
media_image8.png
388
595
media_image8.png
Greyscale
It would have been obvious to one of ordinary skill in the art to configured the clip device such that the second/rear straight peripheral edge surface at an angle to the first peripheral edge surface and connected by a rounded peripheral edge is configured to engage with a contact surface of a clip device support structure/spacer member and prevent further rotational movement of the clip beyond an operational position, as taught by DE, so as to further limit undesired translation/movement of the clip during vertical movement (maintaining rotational position) and once installed as the contact between the two surfaces in that position would prevent deflection/movement in the direction of the contact.
Regarding claim 2, Wisniewski states that the moveable clip is arranged to be pivoted between the non-operational position and the operational position (C3 L46-51).
Regarding claim 3, Wisniewski states that the non-operational position and the operational position are angularly spaced by about 90 degrees (C4 L9-10; Fig. 9C), and as previously discussed DE indicates its taught engagement configuration of the rotating clip and support structure results in a 90 degree range or rotation (Para. 0038).
Regarding claim 4, Wisniewski states that the clip device is adapted to guide the clip from the non-operational position via a first pivoting motion to the operational position followed by movement along a straight line with the clip in the operational position for engagement with the worktop (Once rotated to its operational position limit and is stopped by engagement of the clip and support structure/spacer member the clip moves in a straight vertical line C3L58-C4L13; Fig. 9C).
Regarding claim 5, Wisniewski states that the clip device further comprises a screw (20) adapted for moving the clip between the non-operational position and the operational position, wherein the clip has a threaded through-hole adapted for engagement with threads of the screw (C3L12-25; Lateral portion 32 of clip 30 is threadably mounted on the screw through a threaded hole) (Annotated figure below).
PNG
media_image9.png
341
285
media_image9.png
Greyscale
Regarding claim 6, Wisniewski states that the clip comprises a first leg (32) and a second leg (34) extending at an angle relative to the first leg, wherein the first leg of the clip has the threaded through-hole adapted for engagement with the screw and wherein a free end of the second leg has an engagement portion adapted for engagement with the workshop (Annotated figure above).
Regarding claim 7, As previously discussed Wisniewski in view of DE teaches configuring a moveable clip with two straight peripheral edges at an angle to each other and connected by a rounded edge such that those two edges serve as first and second rotational end stops for the movable clip between non-operational and operational positions as previously discussed.
Wisniewski further states that the peripheral straight edge surfaces and rounded peripheral edge surface between are adjacent the through hole (Fig. 16, annotated figure below).
PNG
media_image10.png
268
485
media_image10.png
Greyscale
Regarding claim 8, Wisniewski states that the clip device comprises a support structure (15) for connection to the sink, wherein a contact surface of the clip (underside of leg 32) is adapted for engagement with a corresponding contact surface of the support structure (upper surface of lower stop 47) for maintaining the clip in the non-operational position via friction between the contact surfaces (C3L26-51; Annotated figure below; In so much as Applicant’s invention achieves this, the moveable clip is threaded on the screw so turning the screw draws the clip down into contact with the lower contact surface of the support preventing further movement due to the ‘friction’ force of the clip and support structure contact surface acting against each other).
PNG
media_image11.png
273
258
media_image11.png
Greyscale
PNG
media_image12.png
312
243
media_image12.png
Greyscale
Regarding claim 9, Wisniewski states that the support structure (15) comprises two spaced support members (17/47) and a spacer member (40; structure forming channel 16) that connects the two spaced support members (Figs. 1A, 3, 8), wherein each support member has a through hole (18, annotated figure below) which are in line with each other, wherein a screw (20) is freely rotatably arranged in the through-holes of the support members and wherein the clip is movably arranged between the two spaced support members (Figs. 8-9D, C3L12-25).
PNG
media_image13.png
445
368
media_image13.png
Greyscale
Regarding claim 10, as previously discussed Wisniewski in view of DE teaches a clip device comprising a movable clip pivotable between a non-operational position where a straight peripheral edge engages the spacer of the support structure to block further rotation and an operational position where a different straight peripheral edge surface engages the spacer of the support structure to block further rotation. Wisniewski further states that the spacer member (40) has a further/spacer member contact surface facing the clip which the clip engages at its operational and non-operational positions to stop rotation (C3L41-C4L14; ‘Locks’ into each position of retracted or extended by rotating into position and being stopped by the surface of the spacer). Said further/spacer contact surface being the interior of the spacer (annotated figure below, the lower opening on the side of the spacer appears to open fully to the back wall however if not the contact surface would extend along the edge of the spacer which faces the clip).
PNG
media_image14.png
301
548
media_image14.png
Greyscale
Regarding claim 11, Wisniewski states a first leg (32) of the moveable clip has the moveable clip contact surface and a first one of the two spaced support members has the corresponding support surface contact surface for maintaining the clip in the non-operational position via friction between the contact surfaces (Annotated figures below - bottom of leg 32 engages the upper surface of the lower limiting surface of the clip device support structure).
PNG
media_image11.png
273
258
media_image11.png
Greyscale
PNG
media_image12.png
312
243
media_image12.png
Greyscale
Regarding claim 13, Wisniewski discloses a sink arrangement for securing a sink to a worktop (51), comprising:
a sink (50) including a plurality of connection elements (71) distributed around a periphery of the sink (Fig. 2; C4 L21-26);
a plurality of clip devices (10) adapted to be connected to the sink, the plurality of clip devices each including::
a clip device (10) for securing a sink (50) to a worktop, wherein the clip device is adapted for being connected to the sink (Fig. 5A), the clip device comprises:
a moveable clip (30) that is adapted for engagement with the worktop (51) (Fig. 9D),
wherein the clip device is adapted for movement of the clip between a non-operational position, in which the clip is prevented from engagement with the worktop, and an operational position, in which the clip is allowed to engage with the worktop (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip is in a retracted state in the non-operational position and in an extended state in the operational position (C3L26-C4L3) (Figs. 9A-9B),
wherein the non-operational position and the operational position are angularly spaced (C3L58-C4L3) (Figs. 9A-9B),
wherein the clip device is adapted for maintaining the clip in the non-operational position so that the clip device may be connected to the sink during movement of the sink towards a desired position relative to an opening of the worktop and that the clip device is adapted for movement of the clip from the non-operational position towards the operational position when the sink is in the desired position relative to the worktop (C3L26-51),
a support structure (15) for connecting to the sink, the support structure including a spacer member (40) having a contact surface facing the clip (annotated figure below, the lower opening on the side of the spacer appears to open fully to the back wall however if not the contact surface would extend along the edge of the spacer which faces the clip);
PNG
media_image14.png
301
548
media_image14.png
Greyscale
wherein the moveable clip further comprises a plurality of straight peripheral edge surfaces joined by rounded peripheral surfaces with two side straight peripheral side edges and a rear straight peripheral edge at an angle to the other peripheral edge surfaces (Fig. 16; annotated figure below).
PNG
media_image2.png
268
485
media_image2.png
Greyscale
Wisniewski further discloses that engagement between the peripheral edge surfaces of the clip the contact surface of the spacer member (as discussed above) of the clip device stops rotational movement of the clip toward the operational and non-operational positions (C3 L58-C4 L14). Fig. 8 depicts the clip in its non-operative position showing how a first side straight peripheral edge surface of the clip engages the support structure and can rotate no further (annotated figure below).
PNG
media_image3.png
340
519
media_image3.png
Greyscale
Fig. 9C depicts how after being rotated to the operating position the clip is stopped from rotating further and instead moves in a straight vertical path and Fig. 10 depicts how the surfaces of the spacer member limit how far the clip can be rotated towards the operating position but doesn’t explicitly detail this engagement/interaction (annotated figure below).
PNG
media_image4.png
574
560
media_image4.png
Greyscale
As such, while Wisniewski discloses the first side peripheral straight edge surface engages the spacer member of the support structure to act as a rotational stop in the non-operational position (as discussed above), it does not explicitly details/describe whether the second rear straight peripheral edge surface which is at an angle to the first side peripheral straight edge surface and directly connected through a rounded peripheral edge engages the spacer member once at the operational position to limit rotation or if the structure relies upon the third straight peripheral edge which isn’t at an angle to the first edge to engage the spacer member once at the operational position.
DE teaches a clip device (1) for mounting a sink to a worktop comprising a movable clip (3) which is coupled to a support structure (2) (Fig. 1, 7). DE teaches that the clip is mounted to a screw (10) such that it turns with the screw. DE teaches that the screw can be turned to raise of lower the clip into and out of engagement with a work top when the clip is in stopped from rotating by engaging a contact surface of the support structure (Translated Spec Para. 0031; Fig. 7). DE further teaches that the shape of the clip device can be modified to modify how the moveable clip moves and operates. DE teaches that a first embodiment of the clip comprises straight peripheral edge surfaces at an angle relative to one another and joined by non-rounded corners (Annotated figure 5 below).
PNG
media_image5.png
375
406
media_image5.png
Greyscale
The lack of a rounded corner results in the clip being unable to rotate relative to the support structure as the corner prevents the straight peripheral edge from rotating away from a contact surface of the support structure (annotated figure below) and as such the embodiment is only configured to remain in an ‘operational position’ in which the clip is in a position to be raised and engage with the worktop (Para. 0033, Fig. 5).
PNG
media_image6.png
327
450
media_image6.png
Greyscale
A second embodiment (Fig. 6) is provided with a single rounded peripheral edge which directly connects adjacent straight peripheral edges that are at an angle to one another (Para. 0033; annotated figure below).
PNG
media_image7.png
388
595
media_image7.png
Greyscale
DE teaches that the rounding of this one edge permits the clip structure to rotate 90 degrees between said operational position and a non-operational position where it extends along the sink basin body and does not project under the worktop surface to facilitate installing the sink through the worktop with the clip devices installed on the sink with the only structure for the clip peripheral edges to engage being the contact surface of the support (Para. 0033-034, 0038). The operational position as shown in Figs. 1 and 6 depict how the first straight peripheral edge of the hook engages the contact surface of the support structure to prevent rotation. The rounded edge of Fig. 6 permits rotation of the clip through 90 degrees such that a second peripheral straight edge directly connected to the first by the rounded edge will engage the contact surface of the support structure.
PNG
media_image8.png
388
595
media_image8.png
Greyscale
It would have been obvious to one of ordinary skill in the art to configured the clip device such that the second/rear straight peripheral edge surface at an angle to the first peripheral edge surface and connected by a rounded peripheral edge is configured to engage with a contact surface of a clip device support structure/spacer member and prevent further rotational movement of the clip beyond an operational position, as taught by DE, so as to further limit undesired translation/movement of the clip during vertical movement (maintaining rotational position) and once installed as the contact between the two surfaces in that position would prevent deflection/movement in the direction of the contact.
Regarding claim 14, Wisniewski states that the sink comprises a container (53) and a rim (52) extending around the container, wherein the plurality of clip devices are adapted to be connected to the sink below the rim with the clip in the non-operational position such that the engagement portions of the clips are spaced from a peripheral edge of the rim seen from above so that the sink may be lowered into an opening in the worktop while the plurality of clip devices are connected to the sink (C3 L26-45; Fig. 5B-6).
Regarding claim 18, Wisniewski states that the clip comprises a first leg (32) and a second leg (34) extending at an angle relative to the first leg, wherein the first leg of the clip has a threaded through-hole adapted for engagement with a screw (20) and wherein a free end of the second leg has an engagement portion adapted for engagement with the workshop (Annotated figure below; C3 L12-25; Lateral portion 32 of clip 30 is threadably mounted on the screw through a threaded hole).
PNG
media_image9.png
341
285
media_image9.png
Greyscale
Regarding claim 19, Wisniewski states that the first leg (32) of the clip has the two peripheral straight edges arranged at an angle relative to one another adjacent the through-hole and the rounded peripheral edge surface connecting the two peripheral straight edge surfaces (annotated figure below), while Wisniewski in view of DE establishes that the two peripheral straight edge surfaces define the first and second stops as previously discussed.
PNG
media_image10.png
268
485
media_image10.png
Greyscale
Regarding claim 20, Wisniewski states that a further contact surface of each clip (underside of leg 32) is adapted for engagement with a corresponding contact surface of the support structure (upper surface of lower stop 47) for maintaining the clip in the non-operational position via friction between the contact surfaces (C3L26-51; Annotated figure below; In so much as Applicant’s invention achieves this, the moveable clip is threaded on the screw so turning the screw draws the clip down into contact with the lower contact surface of the support preventing further movement due to the ‘friction’ force of the clip and support structure contact surface acting against each other).
PNG
media_image11.png
273
258
media_image11.png
Greyscale
PNG
media_image12.png
312
243
media_image12.png
Greyscale
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lyon in view of US 4,589,170 (Ponting).
Regarding claim 12, Lyon discloses different engagement structures (26a/26b/26c and 36a/36b/36c) for securing to a sink but does not disclose an attachment structure comprising two support portions, one on each side of a hook projection that engages a hole in the sink, with a reception disposed between the projection and the two support portions.
Ponting teaches a clip device for attaching sinks (20) to a worktop (19) comprising a moveable hook (12) and a support structure (11). The support structure comprises an attachment assembly comprising a projection (16/17) for connection to a hole in the sink so that the clip device may hang from the sink, the projection structured as a hook, and two support portions (15), one on each side of the projection, wherein a reception is disposed between the projection and the two support portions (Figs. 2-4).
It would have been obvious to one of ordinary skill in the art to provide an attachment structure on the clip device/support structure comprising a hook shaped projection, two support portions with one on each side of the projection and a reception disposed therebetween, as taught by Ponting, to facilitate attachment of the clip device to other models/designs of sinks increasing the marketability/value of the device.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wisniewski in view of DE as applied to claim 1 above, and further in view of Ponting.
Regarding claim 12, Wisniewski states that a projection (71) on the sink basin is received in an aperture (70) of the clip device instead of an attachment structure comprising two support portions, one on each side of a hook projection that engages a hole in the sink, with a reception disposed between the projection and the two support portions.
Ponting teaches a clip device for attaching sinks (20) to a worktop (19) comprising a moveable hook (12) and a support structure (11). The support structure comprises an attachment assembly comprising a projection (16/17) for connection to a hole in the sink so that the clip device may hang from the sink, the projection structured as a hook, and two support portions (15), one on each side of the projection, wherein a reception is disposed between the projection and the two support portions (Figs. 2-4).
It would have been obvious to one of ordinary skill in the art to provide an attachment structure on the clip device/support structure comprising a hook shaped projection, two support portions with one on each side of the projection and a reception disposed therebetween, as taught by Ponting, to facilitate attachment of the clip device to other models/designs of sinks increasing the marketability/value of the device.
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a clip device comprising a support structure and a moveable clip, the moveable clip mounted on a screw and comprises a first straight edge surface connected by a rounded edge surface to a second straight edge surface, the straight edge surfaces acting as first and second stops for the clip which rotates between non-operational and operational positions with a turning screw mounted to the support structure through threaded holes in spaced apart support members separated by a spacer member with a first support member formed from a bent end piece of the spacer member and the second support member formed from a cut-out from the spacer member.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 1,826,817 (Olley) teaches a fastener mechanism comprising a bracket and a rotatable clip wherein the clip pivots about a screw as it is turned with a rounded edge of the clip facing bracket facilitating the turn until a straight edge of the clip engages the bracket acting as a stop.
US 3,128,479 (Juergens) teaches a sink mounting clip device comprising a structure having a first cutout support member with a threaded aperture for receiving a screw and a second bent support member with an aperture for receiving the screw as well however the second bent member does not have a threaded aperture but a large cut away section and the clip device does not utilize a rotating clip member but instead folds upon itself to place itself in engagement with another mounting structure on a worktop.
US 3,354,474 (Cairus) is a clip device for a sink comprising a rotatable mount and a support structure however the device engages the worktop through the screw rather than a movable clip.
US 6,216,992 (Bisonaya) teaches a clip device for mounting a sink comprising a rotatable clip device mounted to a support structure however the support structure only has a single support member with a threaded through-hole for receiving the screw the clip is mounted to.
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 NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
Prosecution Insights