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 .
Election/Restrictions
Claims 5-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/26/26.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheng, U.S. Patent 11,394,189.
Regarding Claim 1, Sheng teaches:
First and second sides (110, 120) located opposite each other;
a first detent (113) located on the first side of the clip and a second detent (123) located on the second side of the clip.
**Examiner’s Note: Examiner notes that the above claim contains the claim language “wherein the clip is configured to be inserted into a slot of a hollow member, wherein the slot has first and second longitudinal ends, wherein the slot includes first notches extending along a length of the first longitudinal end, wherein the slot includes second notches extending along the length of the second longitudinal end, wherein the first and second notches are located opposite each other, wherein the clip is configured to be inserted into the slot such that the first detent engages one of a plurality of first notches and the second detent engages one of the second notches opposite the first notch engaged by the first detent, wherein the clip is configured to enable the first and second detents to disengage from their respective first and second notches to enable the clip to be moved along a length of the first slot to a position where the first detent can engage another one of the first notches and the second detent can engage another one of the second notches“, and a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim because the prior art need only be capable of meeting the claimed limitations. See MPEP 2114 [R-1].
Regarding Claim 2, Sheng teaches:
A first pair of top and bottom wings (see below), wherein the first pair of top and bottom wings extends outwardly from the first side of the clip, wherein the clip includes a second pair of top and bottom wings (see below), wherein the second pair of top and bottom wings extends outwardly from the second side of the clip that is opposite the first side.
**Examiner’s Note: Examiner notes that the above claim contains the claim language “wherein each of the first and second pairs of the top and bottom wings is configured to sandwich a wall of the hollow member when the clip is inserted into the slot to hold the clip to the hollow member“, and a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim because the prior art need only be capable of meeting the claimed limitations. See MPEP 2114 [R-1].
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Regarding Claim 3, Sheng teaches:
A first arm (114) located on the first side of the clip and a second arm (124) located on the second side of the clip, wherein the first and second arms extend upwardly and outwardly away from each other together forming a V-shape configuration (see above), wherein the first arm includes a first projection (see above) that defines the first detent, wherein the second arm includes a second projection (see above) that defines the second detent, wherein the first pair of top and bottom wings extends outwardly from the first arm of the clip, wherein the second pair of top and bottom wings extends outwardly from the second arm of the clip that is opposite the first arm.
Regarding Claim 4, Sheng teaches:
The clip includes a mounting aperture (see below) extending through the first and second arms of the clip, wherein the mounting aperture is configured to enable objects to be mounted to the clip.
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**Examiner’s Note: Examiner notes that the above claim contains the claim language “configured to enable objects to be mounted to the clip“, and a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim because the prior art need only be capable of meeting the claimed limitations. See MPEP 2114 [R-1].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J SULLIVAN whose telephone number is (571)270-5218. The examiner can normally be reached IFP, Typically M-Th, 8:00-6:00, regular Fr availability.
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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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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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