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 with respect to claim(s) 1-2 and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Camus, U.S. Patent 9,488,209.
Regarding Claim 1, Camus teaches:
A pair of substantially V-shaped outer legs (4) oppositely positioned in a front-back
direction (see below) and having head portions (20) and first and second proximal end portions (see below),
a pair of inner legs (6) positioned between the pair of outer legs and having head portions (5, 6) and proximal end portions (50, 60), and
a pair of connecting members (41),
wherein the first and second proximal end portions of the outer legs are respectively connected to each other via the connecting members in the front-back direction in such a manner that the outer legs are allowed to flex relative to each other in the front-back direction with respect to the connecting members (see below),
wherein the proximal end portions of the inner legs are respectively connected to the connecting members such that the inner legs are positioned laterally opposite to each other (Fig. 2),
wherein the outer legs respectively include engagement portions (see below) configured to engage the attaching hole of the object member (Fig. 8), and
wherein the inner legs respectively include engagement projections (52, 62) configured to be coupled to the coupling portion of an attachment base (7, 72).
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635
740
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Regarding Claim 2, Camus teaches:
The outer legs are positioned at an interval in the front-back direction, thereby forming a
space therebetween, which allows the outer legs to elastically flex relative to each other in the front-back direction with respect to the connecting members in a condition in which the clip main body is inserted into the attaching hole formed in the object member.
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315
279
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Claim Rejections - 35 USC § 103
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Camus ‘209 as applied to claim 1 above, and further in view of Berres, U.S. Patent 11,994,160.
Camus is silent regarding the limitations of the instant claim.
Berres teaches:
The proximal end portions of the inner legs are positioned such that inner surfaces thereof are projected toward an axial line of the clip main body (see Figs. 3c, d) relative to inside faces of the first and second proximal end portions of the outer legs, and wherein the connecting members include inner projections (see below) to which the proximal end portions of the inner legs are connected.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Camus with the teachings of Berres such that Camus would have inner projections because that would move the inner legs further inward and this would provide a stronger engagement between the inner legs and the attachment base.
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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 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.
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.
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/MATTHEW J SULLIVAN/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
