DETAILED ACTION
This is the first office action for US Application 18/878,652 for a Vehicular Device Attaching Tool and Vehicular Device Attaching structure.
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) 1-9 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2001/0004100 to IItsuka. Regarding claim 1, IItsuka discloses a vehicular device attaching tool for attaching a vehicular device, which can accommodate an electronic key of a vehicle, to the vehicle. The attaching tool comprises a fixing portion (53) fixed to the vehicle (at 56) and a coupling portion (54) extending from the fixing portion and coupled to the vehicular device (51). The coupling portion is formed with a center through hole (57) through which a first fastener (61) is inserted, and an angle adjustment hole (58) that has a predetermined length and through which a second fastener (62) is inserted such that a fastening position is changeable.
Regarding claim 2, the angle adjustment hole (58) is formed as an arc centered at the center hole. (see figure 9). Regarding claim 3, the coupling portion (54) has an overhang region deviating from the fixing portion in a plan view, and the center hole is formed in the overhang region. Regarding claim 4, there is an additional coupling portion (55) coupled to the vehicular device at a different position from the coupling portion. The additional coupling portion is formed with an additional adjustment hole that has a predetermined length and through which a third fastener is inserted such that a fastening portion is changeable (figure 10).
Regarding claim 5, the fixing portion is formed separately from the coupling portion and the additional coupling portion (the fixing portion extends horizontally and the coupling portions extend vertically in spaced parallel relationship). Regarding claim 6, there is an indication portion indicating the fastening position is arranged along a length direction of the adjustment hole (a user can identify the fastening position by viewing the fastener 61 in relation to the hole 58).
Regarding claim 7, the vehicle attaching structure includes the vehicular attachment tool of claim 1, the vehicular device (51), the first fastener (61), and the second fastener (62), wherein the vehicular device include a fastening portion to which the first fastener and the second fastener are fastened (see figures 9 and 10 showing the fasteners engaged with the vehicular device, paragraph 0008). Regarding claim 8, the fastening portion includes at least four fastening holes formed in two opposing surfaces of the vehicular device, and the fastening holes are arranged to be vertically and laterally symmetric in the vehicular device (see paragraph 0008… the holes are on each side in the same position). Regarding claim 9, there is an identification portion for identifying each of the fastening holes is arranged in the vicinity of the fastening holes (a user can identify the location of the holes by viewing the bracket).
Regarding claim 12, IItsuka discloses a vehicular device attaching structure for attaching a vehicular device, which can accommodate an electronic key of a vehicle, to the vehicle. The attaching structure comprises an attaching tool including a fixing portion (53) fixed to the vehicle (at 56) and a coupling portion (54, 55) extending from the fixing portion and coupled to the vehicular device (see paragraph 0008). There is a fastening portion (61, 62) fastened to the coupling portion formed in the vehicular device (via 57 and 58… see paragraph 0008).
The coupling portion is arranged on two opposing surfaces of the vehicular device (54 and 55), and the fastening portion is configured to allow fastening to the coupling portion even in a state in which a relation between the coupling portion and the two opposing surfaces of the vehicular device is relatively changed.
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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over IItsuka in view of US 2005/0067548 to Inoue. IItsuka does not disclose a supporter arranged in contact with a surface of the vehicular device different from a surface on which the fastening portion is arranged, the supporter including an elastically deformable vibration absorbing portion. Inoue provides a teaching of providing a supporter (9) between mounting components to absorb vibrations (see the last 12 lines of paragraph 0027). The supporter includes an elastically deformable vibration absorbing portion (see paragraph 0019… the supporter 9 is rubber). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided a supporter between the vehicular device and the fastening portion of IItsuka to reduce vibrations to the vehicular device as taught by Inoue.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2026/0167115 to Huet
US 20200257330 to Tieman
US 2025/0083609 to Lee
US 2023/0039052 to Shimizu
US 2025/0229720 to Jo
US 2015/0282338 to Lu
The above prior art discloses various vehicle attached devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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, Terrell McKinnon can be reached at 571-272-4797. 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.
STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/ Primary Examiner, Art Unit 3632
Prosecution Insights