DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 103
2. 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.
3. Claims 1-7 and 9-19 are rejected under 35 U.S.C. 103 as being obvious over Kukuczka et al. (US 12636989 B2) in view of Kukuczka (US 20240026915 A1) in further view of Hoen (US 4657462 A) and in further view of Hillgaertner (US 20160168884 A1).
The applied references have a common inventor with the instant application. Based upon the earlier effectively filed date of the references, it constitutes prior art under 35 U.S.C. 102(a)(3; Kukuczka et al. Fig 2).
This rejection under 35 U.S.C. 103 might be overcome by: (1; Kukuczka et al. Fig 2) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(3; Kukuczka et al. Fig 2)(A); (3; Kukuczka et al. Fig 2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(3; Kukuczka et al. Fig 2)(B); or (4; Kukuczka et al. Fig 2) a statement pursuant to 35 U.S.C. 102(b)(3; Kukuczka et al. Fig 2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claim 1, Kukuczka et al. (US 12636989 B2) teaches “An assembly (1; Kukuczka et al. Fig 2) for providing a fastening possibility for a vehicle component to a body component (100; Kukuczka et al. Fig 6), wherein the assembly is configured as a torsion clip and comprises the following: a connecting element (3; Kukuczka et al. Fig 2) made of a plastic material (Kukuczka et al. col 10, lines 4-10) to which the vehicle component is connectable; and a retaining element (4; Kukuczka et al. Fig 2) made of a plastic material (Kukuczka et al. col 10, lines 11-14) for retaining the connecting element on the body component, wherein the retaining element comprises a base body having a retaining region (7; Kukuczka et al. Fig 2), and wherein the connecting element comprises a base body having a receiving region (11; Kukuczka et al. Fig 2 and col 10, lines 20-24), … in which at least the retaining region of the retaining element is or can be rotatably received at least partially or regionally relative to the receiving region about an axis of rotation (Kukuczka et al. col 11, lines 13-18), and wherein the assembly can be transferred from a pre-assembly or deliverable state into an assembled state (Kukuczka et al. col 10, lines 58-67), wherein in the pre-assembly or deliverable state of the assembly, the retaining element or at least the retaining region of the retaining element lies in a first rotational position relative to the receiving region of the connecting element counter to a torsion torque serving as a biasing force and exerted by a biased torsion spring (14; Kukuczka et al. Fig 2) on the retaining element (Kukuczka et al. col 15, line 65-col 16, line 11), wherein, in the assembled state of the assembly, the retaining element or at least the retaining region of the retaining element lies in a second rotational position that is different from the first rotational position, and wherein, due to an external pulse or trigger exerted on the retaining element, the assembly can be transferred from its pre-assembly or deliverable state into its assembled state, wherein, when the assembly is transferred from its pre-assembly or deliverable state into its assembled state, the retaining element or at least the retaining region of the retaining element is at least partially transferred, and is rotated, into the second rotational position due to the force of the torsion spring (Kukuczka et al. col 15, line 65-col 16, line 11).”
Kukuczka et al. fails to teach the receiving region being cage-like in design. Additionally, the torsion element of the art is not a torsional spring.
However, Kukuczka (US 20240026915 A1) teaches a cage-like receiving element (10 &11; Kukuczka Fig 4).
Still, the combination of the aforementioned art does not teach the torsion element being a torsional spring.
However, Hoen (US 4657462 A) discloses a conical spring (15; Hoen Fig 1) in a quick connect fastener.
Still, the prior art of record does not disclose a torsional spring.
However, Hillgaertner (US 20160168884 A1) discloses the use of a torsional spring (18; Hillgaertner Fig 3) in fastening applications.
Therefore, it would be obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention to have combined the assembly of Kukuczka et al. with the receiving element of Kukuczka and to replace the torsional element with a torsional spring as taught by Hoen and Hillgaertner with a reasonable expectation of success for an attachment assembly better configured to locate and center itself in an opening of a body component and allow for adjusting of the torque required to install the component by changing spring stiffness.
In reference to claim 2, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein the assembly comprises a catching or locking device (23; Kukuczka et al. Fig 10), which, in the pre-assembly or deliverable state of the assembly, is configured to hold or lock the retaining element (4; Kukuczka et al. Fig 2) or at least the retaining region (7; Kukuczka et al. Fig 2) of the retaining element, counter to the torsion torque exerted by the biased torsion spring (14; Kukuczka et al. Fig 2) on the retaining element (Kukuczka et al. Col 12, line 56-col 13, line 7), in the first rotational position relative to the receiving region (11; Kukuczka et al. Fig 2 and col 10, lines 20-24) of the connecting element (3; Kukuczka et al. Fig 2).”
With respect to claim 3, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 2, wherein the catching or locking device (23; Kukuczka et al. Fig 10) is configured to lift a locking of the retaining element (4; Kukuczka et al. Fig 2) or at least of the retaining region (7; Kukuczka et al. Fig 2) of the retaining element in the first rotational position when the external pulse or trigger is exerted on the retaining element (Kukuczka et al. col 13, line 8-18).”
Regarding claim 4, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein the assembly is configured such that, in the pre-assembly or deliverable state of the assembly, the receiving region (11; Kukuczka et al. Fig 2) of the connecting element (3; Kukuczka et al. Fig 2), with the retaining region (7; Kukuczka et al. Fig 2) of the retaining element (4; Kukuczka et al. Fig 2) at least partially or regionally received therein, can be inserted into the body component (100; Kukuczka et al. Fig 6) at least partially or regionally through a fastening opening (101; Kukuczka et al. Fig 7)( Kukuczka et al. col 10 lines 25-38).”
In reference to claim 5, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 4, wherein, by exerting a predefined or definable minimum force on the retaining element (4; Kukuczka et al. Fig 2) in a direction in which the receiving region (11; Kukuczka et al. Fig 2) of the connecting element (3; Kukuczka et al. Fig 2) with the retaining region (7; Kukuczka et al. Fig 2) of the retaining element at least partially or regionally received therein can be inserted into the body component (100; Kukuczka et al. Fig 6) through a fastening opening, the assembly can be transferred from its pre-assembly or deliverable state into its assembled state (Kukuczka et al. col 16 lines 30-37).”
With respect to claim 6, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein the torsion spring (14; Kukuczka et al. Fig 2) is configured as a torsion rod (14; Kukuczka et al. Fig 2), or as a coil spring made of metal.”
Regarding claim 7, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein the base body of the connecting element (3; Kukuczka et al. Fig 2) comprises a receiving opening (11; Kukuczka et al. Fig 2) into which the retaining element (4; Kukuczka et al. Fig 2) can be at least regionally received or inserted together with the biased torsion spring (14; Kukuczka et al. Fig 2).”
In reference to claim 9, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein the assembly comprises a state indicator which is configured to indicate the pre-assembly or deliverable state and/or the assembled state of the assembly, or to indicate when the assembly has been transferred from its pre-assembly or deliverable state into its assembled state (Kukuczka et al. col 15 lines 57-59).”
With respect to claim 10, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein a receiving opening is formed in the base body of the connecting element (3; Kukuczka et al. Fig 2), via which at least the retaining region (7; Kukuczka et al. Fig 2) of the retaining element (4; Kukuczka et al. Fig 2) can be inserted into the cage-like (10 &11; Kukuczka (US 20240026915 A1) Fig 4) receiving region (11; Kukuczka et al. Fig 2) of the connecting element, wherein the assembly further comprises a cover (13; Kukuczka et al. Fig 3), which, at least in the assembled state of the assembly, is configured to cover the receiving opening flush, and strake-flush, in relation to an edge region of the base body of the connecting element surrounding the receiving opening (13; Kukuczka et al. Fig 3).”
Regarding claim 11, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 10, wherein the cover (13; Kukuczka et al. Fig 3) is configured as a state indicator (Kukuczka et al. col 15 lines 57-59), and wherein, when the assembly is transferred from its pre-assembly or deliverable state into its assembled state, the cover is automatically transferred into its position closing the receiving opening, and into a position that is flush, and strake-flush, in relation to the edge region of the base body of the connecting element (3; Kukuczka et al. Fig 2) surrounding the receiving opening (13; Kukuczka et al. Fig 35 &36).”
In reference to claim 12, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 11, wherein, in the pre-assembly or deliverable state of the assembly, the cover (13; Kukuczka et al. Fig 3) is retained in a first position relative (Kukuczka et al. col 16 lines 21-29) to the connecting element (3; Kukuczka et al. Fig 2) with the aid of at least one catching or locking element (18; Kukuczka et al. Fig 2), wherein, by exerting a critical force, a catching or locking effect of the at least one catching or locking element can be overcome, and the assembly can be transferred into its assembled state (Kukuczka et al. col 16 lines 38-45).”
With respect to claim 13, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 10, wherein the retaining element (4; Kukuczka et al. Fig 2) is mounted to be rotatable or pivotable about an axis of rotation (Kukuczka et al. col 11 lines 13-18) relative to the connecting element (3; Kukuczka et al. Fig 2) and relative to the cover (13; Kukuczka et al. Fig 2).”
Regarding claim 14, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 13, wherein the cover (13; Kukuczka et al. Fig 29) comprises guide means (27; Kukuczka et al. Fig 29), in the form of at least one guide pin, and wherein the retaining element (4; Kukuczka et al. Fig 2) comprises guide means (16; Kukuczka et al. Fig 28) which are designed to be at least partially or regionally complementary to the guide means of the cover, in the form of at least one guide groove, in which the guide means of the cover are at least partially or regionally received, wherein the guide means of the cover and the guide means of the retaining element are designed and cooperate with one another in such a manner that, when the assembly is transferred from the pre-assembly or deliverable state into the assembled state, the cover is transferred into the position that is flush in relation to the edge region of the base body of the connecting element (3; Kukuczka et al. Fig 2) surrounding the receiving opening (Kukuczka et al. col 17 lines 10-15).”
In reference to claim 15, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 5, wherein, in order to transfer the assembly from the pre-assembly or deliverable state into the assembled state, the cover (13; Kukuczka et al. Fig 3) can be moved relative to the retaining element (4; Kukuczka et al. Fig 2) and relative to the connecting element (3; Kukuczka et al. Fig 2) in the direction in which the receiving region (11; Kukuczka et al. Fig 2) of the connecting element with the retaining region (7; Kukuczka et al. Fig 2) of the retaining element at least partially or regionally received therein can be inserted through a fastening opening (Kukuczka et al. col 16 lines 11-52) in the body component (100; Kukuczka et al. Fig 6).”
With respect to claim 16, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein, in the receiving region (11; Kukuczka et al. Fig 2) of the connecting element (3; Kukuczka et al. Fig 2), and at least partially or regionally channel-like or groove-like guide system (26; Kukuczka et al. Fig 15a) is configured, and wherein a guide region (19; Kukuczka et al. Fig 11) designed as a radial projection is configured on the base body of the retaining element (4; Kukuczka et al. Fig 2) and interacts with the guide system of the receiving region of the connecting element upon transfer of the assembly from the pre-assembly or deliverable state into the assembled state (Kukuczka et al. col 12, lines 56-64).”
Regarding claim 17, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 16, wherein the guide system (26; Kukuczka et al. Fig 15a) of the receiving region (11; Kukuczka et al. Fig 2) of the connecting element (3; Kukuczka et al. Fig 2) is configured in a self-inhibiting manner such that, after the transfer of the assembly into the assembled state, the guide system locks or blocks a return transfer of the assembly back into the pre-assembly or deliverable state (Kukuczka et al. col 17, lines 21-26).”
In reference to claim 18, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 17, wherein, with the aid of an external manipulation tool, the lock or block of the guide system (26; Kukuczka et al. Fig 15a) can be lifted as needed (Kukuczka et al. col 17, lines 37-43).”
With respect to claim 19, the combination of references, as applied to claim 1, teach “The assembly (1; Kukuczka et al. Fig 2) according to claim 1, wherein the retaining element (4; Kukuczka et al. Fig 2) comprises a locking element, designed to be at least partially or regionally elastic, which is configured to hold the retaining element in the first rotational position in the pre-assembly or deliverable state of the assembly (Kukuczka et al. col 16, lines 53-62).”
Allowable Subject Matter
4. Claims 8 and 20 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.
Regarding claim 8, the combination of references does not explicitly disclose that the wing region of the retaining element do not protrude beyond the window regions of the receiving element. No other reference can be taken alone or combination with any other to achieve the limitations of this claim. Therefore, claim 8 is objected to as being dependent upon a rejected base claim, thus the depending claim 20, receives the same status.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ROBERT DIGIOVANNANTONIO whose telephone number is (571)272-4526. The examiner can normally be reached Monday-Friday 7 a.m. to 5 p.m..
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/D.R.D./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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