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.
Claim(s) 1-10, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ammann et al. (U.S. 2020/0392973).
As for Claim 1, Ammann discloses a fastener, comprising:
a body (1), the body comprising a connecting portion (see annotated figure), two elastic portions (see annotated figure) spaced apart and extending from connecting portion, at least one avoidance groove (see annotated figure and 3, Fig. 5) being provided on each of the elastic portions;
two clamping portions (see annotated figure) respectively disposed at one end of the body, the two clamping portions having same structure and each of the two clamping portions extending from a
free end of the elastic portions (see Fig. 1), an extension direction of the clamping portions being
opposite to that of a free end of the elastic portion (see annotated figure) and the free end of the elastic portion extending towards each other so that the connecting parts of the two clamping portions and
the two elastic portions are pressed against each other (see Fig. 6), each of the two clamping portions
comprising at least one clamping head (see annotated figure) inserted into the avoidance groove, and an abutment head (see annotated figure) provided at the free end of the clamping portions, the abutment head extending away from the elastic portion (see Fig. 6), the clamping head being bent towards a side of the body (see Fig. 6), the clamping head having a wedge-shaped structure (see Fig. 6 disclosing 4 having a wedge shape) along an insertion direction of the fastener, the avoidance groove having a trapezoidal cross-section (see window 3, Fig. 7).
Re: 2. The fastener as claimed in claim 1, wherein the connecting parts have a circular cylinder or
a square cylindrical (see annotated figure).
Re: 3. The fastener as claimed in claim 1, wherein the fastener further comprises a head section (see annotated figure) provided at another end of the body.
Re: 4. The fastener as claimed in claim 1, wherein the avoidance groove is provided on a side of the elastic portion (see Fid. 7).
Re: 5. The fastener as claimed in claim 1, wherein the elastic portion has two avoidance grooves (larger opening of 3 and side opening of 3), the two avoidance grooves are respectively arranged on two sides of the elastic portion (see Fig. 7).
Re: 6. The fastener as claimed in claim 5, wherein an arrangement direction of the two avoidance grooves is perpendicular to that of the connecting portion and the elastic portion (see Fig. 7).
Re: 7. The fastener as claimed in claim 1, wherein the fastener further comprises a head section provided another end of the body, the head section is spaced apart from the clamping head (see annotated figure).
As for Claim 8, Ammann discloses a fastening assembly for fixing components, comprising:
a fastener (1), comprising:
a body (body of 1), the body comprising a connecting portion (see annotated figure), two elastic portions (see annotated figure) spaced apart and extending from the connecting portion, at least one avoidance groove (see annotated figure) being provided on each of the elastic portions, each of the two elastic portions having a plug hole (lower aperture of 3 below 4) provided thereon and a contact hole (side hole of 3) connected to the plug hole, the plug hole being arranged between the contact hole (see Fig. 7) and a free end of the elastic portion (see Fig. 7); and
two clamping portions (see annotated figure) respectively disposed at one end of the body, the two clamping portions having same structure and each of the two clamping portions extending from a
free end of the elastic portions (see annotated figure), an extension direction of the clamping portions being opposite to that of a free end of the elastic portion and the free end of the elastic portion extending towards each other so that the connecting parts of the two clamping portions (see annotated figure) and the two elastic portions are pressed against each other, each of the two clamping portions comprising at least one clamping head (see annotated figure) inserted into the avoidance groove, and an abutment head (see annotated figure) provided at the free end of the clamping portions, the abutment head extending away from the elastic portion (see annotated figure), the clamping head being bent towards a side of the body (see annotated figure), the clamping head having a wedge-shaped structure along an insertion direction of the fastener (see annotated figure), the avoidance groove having a trapezoidal cross-section (see Fig. 7); and
a plug (11), comprising:
a pressing portion (see annotated figure), and
two positioning portions (see annotated figure) spaced apart and connected to the pressing portion (see annotated figure), the two positioning portions having same structure and each of the positioning portion comprising an elastic member (see annotated figure) connecting to the pressing portion, a positioning head (see annotated figure) provided at a free end of the elastic member, and a plug-in abutting portion (see annotated figure) provided on the elastic member, the positioning head comprising a connector (see annotated figure) for inserting into the plug hole (see Fig. 1), a stepped portion (see annotated figure) provided on the connector, and a locking slot (see annotated figure) provided on a free end of the connector, the plug-in abutting portion being disposed between the connector and the
pressing portion (see annotated figure) and the plug-in abutting portion comprising an elastic connecting portion connected to the elastic member, and a plug-in head arranged on the elastic connecting
portion, when the two positioning portions are in a free state the connector being inserted into the plug hole, and the abutment head of the clamping portions abutting against the locking slot (see annotated figure); when the two positioning portion abuts against each other the two stepped portion being overlapped with each other and the clamping head disengaging from the contact with the avoidance groove (see Figs. 5 and 7); when the two positioning portion abut against each other and when the plug is pressed towards the free end of the elastic portion the plug-in head being inserted into the contact hole and abut against the contact hole so as to fix the plug and the fastener (see Figs. 5 and 7).
Re :9. The fastening assembly for fixing components as claimed in claim 8, wherein the fastener
comprises a head section (see annotated figure) provided another end of the body; the plug is inserted into the fastener from the head section.
Re: 10. The fastening assembly for fixing components as claimed in claim 8, wherein the components is clamped between the head section and the clamping head (see Fig. 10 disclosing components from Fig. 9).
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Response to Arguments
Applicants’ arguments filed 6/29/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Ammann fails to disclose the avoidance grooves, Examiner respectfully disagrees and discloses the avoidance grooves in rejection provided herein. Furthermore, It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mutz (U.S. 2020/0063779) discloses an analogous clip pertinent to Applicant’s invention.
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 DAVID M UPCHURCH whose telephone number is (571)270-7957. The examiner can normally be reached 6AM-3PM EST M-F.
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, 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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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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