DETAILED ACTION
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 .
Response to Arguments
Applicant's arguments filed May 26, 2026 have been fully considered but they are not persuasive.
The examiner assumes the interpretation of “hooking means” and “locking means” from the previous action was correct because Applicant did not clarify the terms. Therefore, in the amended claim 1, these terms will retain the same interpreted definition of any means for locking or hooking the metal insert.
Regarding claim 1, Applicant argues that Lauxen A in view of Lauxen B does not read on claim 1 because it does not teach a structural locking mechanism achieved by sliding a U-shaped metal insert into a plastic element in a radial direction secured by a hooking means lock being a locking surface.
Aligned with MPEP 2111, the broadest reasonable interpretation of the claim is used for examination. In this case the clip house (1) of Lauxen is used to teach the structural locking mechanism of the invention with a U-shaped metal insert (25, metal spring) sliding into the plastic element (4, housing) in a radial direction mimicking the direction claimed in the present invention. Since the hooking means is not explicitly clarified, the retention pockets (25 and 26) of Lauxen are enough to teach the present invention. Examiner maintains the rejection of claim 1 by Lauxen A in view of Lauxen B.
Regarding claims 4 and 5, Lauxen A/B taught the limitations of claim 1 and the additional limitations were taught by Yoyasu including the locking surface (36, engage-and-stop portion) formed on both the top face (30b, upper seat surface) and the bottom face (under side of 30b) in the raised rim (35, insertion groove) where said raised rim comprising slanted surfaces. Examiner maintains the rejection of claims 4 and 5 by Lauxen A/B in view of Yoyasu.
Regarding claims 8-10, they were previously rejected by Lauxen A/B due to their dependency on claim 1. The addition of Cornea taught the metallic element being secured to the plastic element and the rod being fixed there onto. Examiner maintains the rejection of claims 8-10 by Lauxen A/B in view of Cornea.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 2, 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lauxen et al. US 20140191526 A1 embodiment of Figures 6 and 8 (Lauxen A) in view of Lauxen et al. US 20140191526 A1 embodiment of Figures 10 and 11 (Lauxen B).
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Annotated Figure 6 of Lauxen A
Regarding claim 1, Lauxen A discloses a fastener assembly (1, clip housing), comprising:
a plastic element (4, housing) comprising a fixing portion in the form of a plate (4, parallelepipedal housing, paragraph 28, lines 4-6) having a top face (6, upper side) and a bottom face (underside of 6), extending essentially in a plane (Figure 6) and provided with an edge (7a, free end) and an inlet (7, elongated hole) open at the edge (7a, free end), the inlet (7, elongated hole) being bordered by two longitudinal border segments (Annotated Figure 6) extending parallel to the plane of the plate in an insertion direction (Annotated Figure 6), and a bottom border segment also extending parallel to the plane of the plate between the two longitudinal border segments (Annotated Figure 6).
Lauxen A does not explicitly disclose a locking means, a metal insert, or a hooking means.
Regarding claim 1, Lauxen B teaches: the locking means (26a and 26b, retention pockets) of the plastic element (4, housing), an essentially U-shaped metal insert (25, metal spring) comprising two legs and a junction between the two legs (metal spring of Figure 10), and a hooking means (25a and 25b, retention portions), wherein the hooking means (25a, 25b, retention pockets) are configured to lock behind (paraph 38) the locking means (26a, 26b, retention pockets) to retain the metal insert (25, metal spring) within the plastic element (4, housing) upon insertion of the metal insert (25, metal spring) into the inlet (7, elongated hole) and wherein the metal insert (25, metal spring) is configured to receive a rod (9, securing clip) between the two legs (paragraph 31, lines 12-14) and to transfer a clamping force from a retention means to the rod to securely fasten the assembly thereto (paragraph 38).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to have modified the replacement element (16) of Lauxen A with the metal spring (25) as taught by Lauxen B because using metal ensures that the piece is less likely to become deformed over time. Lauxen B teaches that the metal spring is used to secure a rod into the fastener assembly. The metal spring needs to be resilient enough to withstand forces so great that the spring may bend, but will not deform (paragraph 30, lines 6-11). Lauxen A and Lauxen B are considered to be analogous art to the claimed invention because both are in the same field of securing vehicular pieces together.
Lauxen A discloses that the fastening region of the inlet needs to be centered so that the securing clip can remain centered and its function be optimized (abstract lines 8-11). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to have modified the replacement element 16 of Lauxen A with the retention portions (25a and 25b) and retention pockets (26a and 26b) as seen in Figure 10 of Lauxen B to lock and hook the metal spring 25 into its proper place so the fastener assembly can be used as intended.
Regarding claim 2, the previously made combination of Lauxen A/Lauxen B discloses on both the top face (6, upper side) and the bottom face (underside of 6), a raised rim (18 of Lauxen A, spring) around the inlet (7, elongated hole), the locking means (26a and 26b of Lauxen B, retention pockets) comprising at least one locking surface (26a and 26b of Lauxen B, retention pockets) formed on at least one of the top face (6, upper side) and the bottom face (underside of 6), in the raised rim (18 of Lauxen A, spring), perpendicular to the insertion direction (Figure 10 of Lauxen B), the hooking means (25a and 25b, retention portions) cooperating with the at least one locking surface (26a and 26b of Lauxen B, retention pockets).
Regarding claim 3, the previously made combination of Lauxen A/Lauxen B discloses on the bottom face (underside of 6), the raised rim (18, spring) comprises at least one notch (26a and 26b of Lauxen B, retention pockets) for accommodating hooking means (25a and 25b of Lauxen B, retention portions) near the edge (7a, free end).
Regarding claim 6, the previously made combination of Lauxen A/Lauxen B discloses the plastic element (4, housing) comprising openings (17 left and 17 right of Lauxen A, recesses) in the raised rim (18, spring).
Regarding claim 7, the previously made combination of Lauxen A/Lauxen B discloses a positioning feature (paragraph 8, lines 3-6) for the metal insert (25, metal spring), on the bottom border segment (Annotated Figure 6).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lauxen A in view of Lauxen B as applied to claim 1 above further in view of Yoyasu CA 2358824 C.
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Annotated Figure 1 of Yoyasu
Regarding claim 4, the previously made combination of Lauxen A/Lauxen B discloses the fastener assembly (1, clip housing) of claim 1. Lauxen A/Lauxen B does not explicitly disclose at least one locking surface on the top and bottom face of the raised rim that is perpendicular to the insertion direction and cooperates with the hooking means.
In regards to claim 4, Yoyasu discloses on both the top face (30b, upper seat surface) and the bottom face (under sider of 30b), a raised rim (35, insertion groove) around the inlet (26, opening), the locking means (37, engaging hole) comprising at least one locking surface (36, engage-and-stop portion) formed on both the top face (30b, upper seat surface) and the bottom face (under sider of 30b), in the raised rim (35, insertion groove), perpendicular to the insertion direction (Annotated Figure 1 of Yoyasu), the hooking means (39, engaging claws) cooperating with the locking surfaces (36, engage-and-stop portion) on both the top face (30b, upper seat surface) and the bottom face (under sider of 30b).
Yoyasu teaches an insert being inserted and held in place securely to the fastener assembly (abstract). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to have modified the replacement element 16 of Lauxen A with the locking means 37 and hooking means 39 as taught by Yoyasu because as vehicles are used, they can produce vibrations and other interference. The pieces would be need to be secured together to ensure they do not separate unwarranted. Yoyasu is considered to be analogous art to the claimed invention because both are in the same field of securing vehicular pieces together.
Regarding claim 5, Lauxen A/Lauxen B further in view of Yoyasu discloses the raised rim (35, insertion groove of Yoyasu) comprising slanted surfaces near the edge (Annotated Figure 1 of Yoyasu).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lauxen A in view of Lauxen B as applied to claim 1 above further in view of Cornea et al (US 5558369 A)
Regarding claim 8, the previously made combination of Lauxen A/Lauxen B discloses a fastener assembly (1, clip housing) comprising a rod (9b, shaft) extending substantially perpendicularly (Figure 2) to the fastening region (8, securing region), with the insert (25, metal spring) being placed into the inlet (7, elongated hole), with the rod (9b, shaft) placed between the two legs (paragraph 31, lines 12-14).
Lauxen A/Lauxen B does not explicitly disclose a metallic element onto which a rod is secured and the plastic element is fixed.
Regarding claim 8, Cornea teaches a metal fastener assembly (40, retention bracket) secured to a metallic vehicle body element (11, sheet metal side rail).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to have modified the base plate 2 of Lauxen A/Lauxen B according to the metallic body element 11 as taught by Cornea because both fastener assemblies are utilized to secure a vehicle frame to an inner panel. It is reasonable for a vehicle panel to be made of metal and for the fastening assembles cited to be able to be used on a metal panel. Cornea is considered to be analogous art to the claimed invention because both are in the same field of securing vehicular pieces together.
Regarding claim 9, the previously made combination of Lauxen A/Lauxen B further in view of Cornea discloses retention means cooperating (paragraph 30, lines 1-4 of Lauxen B) with the rod (9b, shaft) and the insert (25, metal spring) to retain the plastic element (4, housing) on the metallic element (11, side rail of Cornea)
Regarding claim 10, the previously made combination of Lauxen A/Lauxen B further in view of Cornea deems this method as obvious because the device carious out this process during normal operation. See MPEP 2112.02. The previously made combination of Lauxen A/Lauxen B further in view of Cornea discloses a method for assembling a fastener assembly (1, clip housing), the fastener assembly comprising:
a metallic element (11, side rail of Cornea) comprising a fastening region (8, securing region);
a rod (9b, shaft) secured to the metallic element (11, side rail of Cornea) and extending substantially perpendicularly (Figure 2 of Lauxen A) to the fastening region (8, securing region); and
a plastic element (4, housing) fixed to the metallic element (11, side rail of Cornea) at the fastening region (8, securing region), the plastic element (4, housing) comprising a fixing portion in the form of a plate (Annotated Figure 6) having a top face (6, upper side) and a bottom face (underside of 6), extending essentially in a plane (Annotated Figure 6) and provided with an edge (7a, free end) and an inlet (7, elongated hole) open at the edge (7a, free end), the inlet (7, elongated hole) being bordered by two longitudinal border segments extending parallel to the plane of the plate in an insertion direction (Annotated Figure 6), and a bottom border segment also extending parallel to the plane of the plate between the two longitudinal border segments (Annotated Figure 6), the plastic element (4, housing) also comprising locking means (26a and 26b, retention pockets of Lauxen B), the method comprising the steps of:
mounting a metal insert (25, metal spring) on the plastic element (4, housing), the essentially U-shaped metal insert (25, metal spring) comprising two legs and a junction between the two legs (metal spring of Figure 10), the insert (16, replacement element) being inserted into the inlet (7, elongated hole), with the rod (9b, shaft) placed between the two legs (paragraph 31, lines 12-14 of Lauxen A), each one of the legs comprising hooking means (25a and 25b, retention portions of Lauxen B) cooperating with the locking means (26a and 26b, retention pockets of Lauxen B); mounting the plastic element (4, housing of Lauxen A/B) on the metallic element (11, side rail of Cornea) by sliding the inlet of the plastic element (7, elongated hole of Lauxen A/B) radially onto the rod (paragraph 34, lines 3-8) such that the rod engages the inlet from the edge (figure 2 of Lauxen A/B); and securing the assembly (1, clip housing of Lauxen A/B) to the rod (9, securing clip of Lauxen A/B) by applying a retention means (paragraph 30 of Lauxen A/B), wherein the metal insert (25, metal spring of Lauxen A/B) transfers a clamping force from the retention means to the rod (paragraph 38 of Lauxen A/B).
Conclusion
THIS ACTION IS MADE FINAL. 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 KARA BROOKS whose telephone number is (571)272-9484. The examiner can normally be reached M-F: 8am-5pm.
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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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/K.J.B./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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