DETAILED ACTION
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the clip for mounting an airbag must be shown or the feature canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-10 are 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.
Regarding claims 1 and 6 and all claims that depend from claims 1 and 6, in the last paragraph and second to last paragraph, respectively, the limitation “each of the at least one resilient spring elements” lacks antecedence. The claim has only defined that there be “at least one resilient spring element”. It is suggested that the limitation be changed to “the at least one resilient spring element” to correct the problem.
Also, in claims 1 and 6 and all the claims that depend therefrom, the limitation “across the longitudinal axis” is misdescriptive. The longitudinal axis (228) runs from top to bottom of the fastening clip and runs down the center of the clip. It is misdescriptive to state that the transverse portion extends across the longitudinal access. It is suggested that the limitation be changed to the traverse portion (250, figure 10) extends from one side of the fastener clip to the other while being spaced from and parallel to a side that connects the one side of the fastener clip to the other to correct the problem.
Regarding claim 2, line 1, the limitation “each of the at least one intermediate portions” lacks antecedence. It is suggested that the limitation be changed to “the intermediate portion” to correct the problem.
Regarding claims 3 and 8, line 1, the limitation “each of the at least one resilient spring elements” lacks antecedence. The claim has only defined that there be “at least one resilient spring element”. It is suggested that the limitation be changed to “the at least one resilient spring element” to correct the problem.
Regarding claim 4, line 3, the limitation “the opening” lacks antecedence. It is suggested that the limitation be changed to “the orifice” to correct the problem.
Regarding claim 6, line 17, the limitation “the opening” lacks antecedence. It is suggested that the limitation be changed to “the orifice” to correct the problem.
Claim Rejections - 35 USC § 102
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 and 6-8 are rejected under 35 U.S.C. 102a(1) as being anticipated by Maschat, US 2015/0300388 A1. Maschat discloses a fastening clip capable of mounting a component, such as a ring to a support structure (panel (7) with an aperture (30). The fastening clip comprising a head portion having a plate (2) arranged to retain a part of the component between the plate (3) and the support structure (7) during use. The fastening clip having a body portion extending from the head portion to a lower end region along a longitudinal axis (A). The body portion comprises at least one elastically deflectable retaining member (12) projecting laterally from said lower end region of the body portion, to engage a surface of the support structure when inserted into an orifice of the support structure (figure 4). At least one resilient spring element (11) extends from the head portion to contact an opposite side of the support structure (figure 4) to the at least one elastically deflectable retaining member (12) to bias the at least one elastically deflectable retaining member (11) into contact with the support structure. The at least one resilient spring element comprises a transverse portion (see annotated drawing) extending in a direction parallel to a side of the body portion connecting one side to another opposite side of the body portion. An intermediate portion (see annotated drawing) extending from an end of the transverse portion between the transverse portion and the plate (2). The intermediate portion being disposed to engage the part of the component when the resilient spring element is deflected towards the plate during use.
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Regarding claim 6, Maschat also discloses the resilient spring element having a longitudinal portion (6) and it shows, in figure 8, the resilient spring element substantially parallel to the support structure (7). Futhermore, Maschat’s device is capable of being used with a thicker support structure that would put the resilient spring element even closer to a parallel orientation relative to the support structure (7).
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Regarding claim 7, Maschat discloses the longitudinal portion (6) extending parallel to the longitudinal axis (A).
Regarding claim 8, Maschat discloses an intermediate portion extending from the transverse portion between the transverse portion and the head portion.
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Claims 1 and 5 are rejected under 35 U.S.C. 102a(1) as being anticipated by figure 2 in the applicant’s specification, i.e., applicant’s admitted prior art (AAPA). The applicant admits in figure 2 the limitation of the claims 1 and 5 are old. Figure 2 shows a fastening clip (100) mounting a component (luggage ring 120) to a support structure via the lower portion (106) of the fastening clip. The fastening clip comprising a head portion having a plate (102) that retains a part of the component (120) between the plate (102) and the support structure, during use. The fastening clip (100) having a body portion (106) extending from the head portion to a lower end region along a longitudinal axis. The body portion comprises at least one elastically deflectable retaining member (108) projecting laterally from said lower end region (106) of the body portion to engage a surface of the support structure when inserted into an orifice of the support structure. At least one resilient spring element (112) extends from the head portion to contact an opposite side of the support structure to the at least one elastically deflectable retaining member (112) to bias the at least one elastically deflectable retaining member (112) into contact with the support structure. The at least one resilient spring element (112) comprises a transverse portion (see annotated drawing on the subsequent page) extending in a direction parallel to a side of the body portion connecting one side to another opposite side of the body portion. An intermediate portion (see annotated drawing) extending from an end of the transverse portion between the transverse portion and the plate (2). The intermediate portion being disposed to engage the part of the component when the resilient spring element is deflected towards the plate during use.
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Allowable Subject Matter
Claims 2-4 and 9-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677