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 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 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loewe et al. (U.S. 8,997,316).
As for Claim 11, Loewe discloses retention apparatus for retaining an add-on part on a structural element for a motor vehicle, comprising:
a first securing region (12), via which the retention apparatus is configured to be retained on the structural element (32);
a second securing region (30), via which the add-on part (35) is configured to be retained on the retention apparatus; and
a sealing element (20) which is connected to the first securing region and which is formed for abutment against the structural element (abuts against 50), and by which sealing element the retention apparatus is sealable against the structural element.
Re: Claim 12. (New) The retention apparatus according to claim 11, further comprising:
a first retention member (14) which has the first securing region; and
a second retention member (34) which is formed separately from the first retention member and which is connected thereto and which has the second securing region.
Re: Claim 13. (New) The retention apparatus according to claim 11, wherein the first securing region has a retention element (26), by which the retention apparatus is connectable to the structural element in a positive-locking manner for retention on the structural element (see Figs. 11-12).
Re: Claim 14. (New) The retention apparatus according to claim 13, wherein the retention element is received in a receiving element (52) of the structural element so as to form a bayonet closure in order to retain the retention apparatus on the structural element.
Re: Claim 15. (New) The retention apparatus according to claim 11, wherein the second securing region has a catch element (protrusions of 34), by which the add-on part is to be retained on the retention apparatus so as to form a catch connection.
Re: Claim 16. (New) The retention apparatus according to claim 11, further comprising:
at least one support region (22) which is different from the first and second securing regions, and via which the add-on part is supportable on the retention apparatus.
Re: Claim 17. (New) An arrangement, comprising:
an add-on part (35);
a structural element (32) for a motor vehicle, which structural element is formed separately from the add-on part;
a retention apparatus by which the add-on part is retained on the structural element (see Fig. 7) , the retention apparatus having a first securing region (12), a second securing region (30) which adjoins the first securing region, and a sealing element (20), and wherein the retention apparatus is retained on the structural element via the first securing region (see Fig. 7), wherein the add-on part is retained on the retention apparatus via the second securing region (see Fig. 12), wherein the sealing element bears against the structural element (see Fig. 12), whereby the retention apparatus is sealed against the structural element (see Fig, 12), and wherein the retention apparatus is arranged at least mainly on an outwardly directed outer side of the structural element (see Fig. 12).
Re: Claim 18. (New) The arrangement according to claim 17, wherein the add-on part (35) is arranged in a rear region of the motor vehicle (see Fig. 12).
Re: Claim 19. (New) The arrangement according to claim 17, wherein the structural element (32) is a leaf element of the motor vehicle.
Re: Claim 20. (New) The arrangement according to claim 17, wherein the add-on part is an air guiding element of the motor vehicle (see Fig. 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lambrecht et al. U.S. 6,594,870 and
Beyer et al. U.S. 11,767,872.
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.
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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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/DAVID M UPCHURCH/Primary Examiner, Art Unit 3677
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