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 .
Claim Objections
Claims 1, 3, 5, and 7 are objected to because of the following informalities:
Claim 1, line 12, delete “structure”;
Claim 3, line 3, delete second recitation of “surface”;
Claim 3, line 4, delete “surface”;
Claim 3,line 7, delete second recitation of “surface”;
Claim 3, line 9, delete first recitation of “surface”;
Claim 5, last line, delete “in”;
Claim 7, line 4, delete “20”; and
Claim 7, line 5, delete “48”.
Appropriate correction is required.
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fink (US#5645308).
Regarding claim 1, Fink discloses an assembly comprising: a body (vehicle roof); a lid (visor) 20; a hinge 30,40 for rotatably connecting the lid to the body, and the hinge defines a hinge axis and includes a pin 30 and a socket 40 on at least a part of the axis of the hinge; and; the pin is equipped with an interference part (perimeter) comprising a long side M and a short side 31,32 (Fig. 5), the socket comprises a hole part 48 having a long side (top/bottom sides of 48 including 54,56, Fig. 4) and a short side (left/right sides of 48 including 50,52, Fig. 4) and surrounds the interference part of the pin, the short side being shorter than the long side of the pin (Fig. 4), and the long side comprising a recess 54,56; and wherein the lid can be opened (deployed) and closed (stored) relative to the body via the hinge structure, and when the lid is opened to an upright (raised) position (stored position, col. 3, lines 36-45) relative to the body, the short side of the interference part of the pin fits into the recess of the hole part of the socket so that the lid is held in the upright (raised) position relative to the body.
Regarding claim 1, the above described assembly of Fink is being viewed and labeled as a “clip” as it includes all the structure required by the claim and thus meets the applicant’s claim definition of a “clip”. Where there is physical identity between the subject matter of the claims and the prior art, the label given to the claimed subject matter does not distinguish the invention over the prior art. In re Pearson, 494 F.2d 1399, 1403, 181 USPQ 641, 644 (CCPA 1974); In re Lemin, 326 F.2d 437, 140 USPQ 273 (CCPA 1964). It is further noted portion 21 of the pin 30 of the Fink assembly can be “clipped” to element 23 which is explicitly identified as a “clip”.
Regarding claim 1, the “element” and “larger assembly” are not being claimed and represent the intended use of the invention. The device/clip of Fink is “capable of” securing an element to a larger assembly.
Regarding claim 2, the interference part and the hole part are elliptical via their respective long and short sides (see Fig. 4), i.e. not circular, in as much as the interference part and hole part of the applicant’s invention are elliptical.
Allowable Subject Matter
Claims 3 and 4 are 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.
Claims 5-8 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, Fink fails to disclose or suggest the cooperation of the restricting surfaces of the socket and the long/short sides of the interference part of the pin as claimed in detail.
Regarding claim 5, Fink fails to disclose or suggest the clip for securing a component to a larger assembly as claimed in detail, specifically the collective following: the body including a holding part for securing the clip to the larger assembly, and the body partially defining a receptacle operable for holding the component to the clip and partially defining an opening to the receptacle; and the lid movable relative to the body between a closed position over the opening.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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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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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677