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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP23202863, filed on October 20, 2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
In claim 1 both a “locking means” and a “hooking means” are disclosed. Since there is no supporting structure within the application the examiner interpreted these terms as any means for locking or hooking that would work within the broadest reasonable interpretation of the claims.
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).
PNG
media_image1.png
358
462
media_image1.png
Greyscale
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.
In regards to 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).
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 insert is used to secure a rod into the fastener assembly. The metal insert needs to be resilient enough to withstand forces so great that the insert 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.
PNG
media_image2.png
514
731
media_image2.png
Greyscale
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.
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. 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); and
mounting the plastic element (4, housing) on the metallic element (11, side rail of Cornea) in sliding the plastic element (4, housing) on the metallic element (11, side rail of Cornea) parallel to the insertion direction (paragraph 34, lines 3-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Naik et al. (US 20080181745 A1) teaches a fastener assembly with tabs to secure an insert into it.
Hiramatsu et al. (US 20130259595 A1) teaches an installation member for vehicular parts consisting of a metallic housing, a resin insert, and a bolt whose head is in the retaining portion of the insert.
Kuroda (US 20060239772 A1) teaches a connecting structure for connecting automotive parts consisting of a housing and two connecting pieces for locking and securing the vehicular parts.
Liang (US 5850996 A) teaches a mobile phone hanging device consisting of a base plate with push rods for securing and insert within.
Horton et al. (US 4419794 A) teaches a portable fastening device consisting of a female keyhole section with a spring and guiding bar and a male section with a securing stud.
Gordon (US 6994504 B2) teaches a slide fastener consisting of legs on the insert to ensure the two slide pieces stay intact.
Zou (US 11780383 B2) teaches a fastener a mounting base and an insert portion secured within.
Frenal et al. (US 10323796 B2) teaches a support assembly with a housing and fixing element that slides within as well as a fixing element to ensure the pieces stay secure.
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.
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.
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.
/K.J.B./Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677