DETAILED ACTION
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, 15 and 20 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. The transverse portion extending from one side of the fastening clip to the other while being spaced from and parallel to a side that connects the one side to the other (at elements 13,13). 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. Maschat also discloses a longitudinal portion (5) extending from the head portion in a direction substantially parallel to the longitudinal axis (A).
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Regarding claim 15, Maschat discloses the body portion comprising a box with a pair of openings formed in opposite sides. The at least one elastically deflectable retaining member comprises a pair of resilient arms projecting laterally through the pair of openings. Please see the annotated drawing.
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Regarding claim 20, the claim is directed to a fastening clip. The manner in which is made does not further limit the structure of the final clip that is any different from the structure of Maschat’s clip. Furthermore, Maschat discloses that the clip is made from a single piece of metal and common manufacturing techniques of metal cutting, forming and bending are used to form the final shape of the fastening clip ([0042]).
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. The transverse portion extending from one side of the fastening clip to the other while being spaced from and parallel to a side that connects the one side to the other (see annotated drawing). 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. The AAPA (figure 2) also discloses a longitudinal portion (112) extending from the head portion in a direction substantially parallel to the longitudinal axis of the body portion. Please see the annotated drawings on the subsequent page.
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Allowable Subject Matter
Claims 6-8, 10-14, and 16-19 allowed.
Claims 2-4 are 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.
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive. The applicant argues that amended claim 1 “incorporates subject matter of formerly dependent claim 3”. However, amended claim 1 is missing the limitations defined in claim 2, which were part of dependent claim 3, i.e., claim 3 depended from claim 2. The missing, indicated allowable, limitations of claim 2 are “wherein each of the at least one intermediate portions comprises a tab portion extending towards the transverse portion to contact the transverse portion and limit deflection of the intermediate portion towards the transverse portion during use.” Therefore, the argument is not persuasive because the limitation being argued in not found in the amended claim 1.
Conclusion
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 JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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