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 .
This is a final Office action responsive to the reply filed on 06/23/2026.
Claims 4, 16 and 19 have been canceled.
Claims 21-23 were added.
Claims 1-3, 5-15, 17, 18 and 20-23 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 23 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amendment filed on 06/23/2026 introduces new matter that is not supported in the originally filed disclosure. The claimed subject matter pertaining to “the grommet insert slidable relative to the grommet base to a different one of the plurality of fixed positions when the plurality of interlocking features are in the disengaged state” constitutes new matter since the originally filed disclosure fails to support this claimed subject matter.
Claim Rejections - 35 USC § 102
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 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 1-3, 5, 6, 11-15, 17, 18, 20, 21 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Safry et al. (US Patent No. 10,408,248).
Regarding claim 1, Safry et al. discloses an adjustable fastener assembly, comprising:
a grommet base (see annotated Fig. 1); and
a grommet insert having a socket that holds a stud to secure the stud relative to the grommet insert, the grommet insert adjustable relative to the grommet base between a plurality of fixed positions (the grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1, Figs. 3; also Col. 5, lines 14-21).
Regarding claim 2, Safry et al. discloses, wherein the grommet base includes a plurality of base teeth and the grommet insert includes a plurality of insert teeth, the plurality of base teeth interlocking with the plurality of insert teeth to hold the grommet insert in one of the plurality of fixed positions (the grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1, Figs. 3; also Col. 5, lines 14-21).
Regarding claim 3, Safry et al. discloses, wherein one of the plurality of insert teeth or the plurality of base teeth is biased into engagement with the other of the plurality of insert teeth or the plurality of base teeth (see annotated Fig. 1; Col. 7, lines 7-11).
Regarding claim 5, Safry et al. discloses, wherein the socket receives the stud in a first direction, wherein the grommet insert is slidably adjustable relative to the grommet base in a second direction that is transverse to the first direction (see annotated Fig. 1).
Regarding claim 6, Safry et al. discloses, wherein the stud is secured to a first component (30) of a vehicle, wherein the grommet base and the grommet insert are secured to a second component (28) of the vehicle, wherein the socket holding the stud secures the first component relative (30) to the second component (28).
Regarding claim 11, Safry et al. discloses, wherein a plurality of interlocking features of the grommet base are configured to interlock with a plurality of interlocking features of the grommet insert to hold the grommet insert in one of the plurality of fixed positions (the grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1, Figs. 3; also Col. 5, lines 14-21).
Regarding claim 12, Safry et al. discloses, wherein the grommet base includes at least one groove that slidably receives the grommet insert (see annotated Fig. 1).
Regarding claim 13, Safry et al. discloses an adjustable fastener assembly, comprising:
a grommet assembly secured to a first component (28), the grommet assembly having a grommet base holding a grommet insert, the grommet insert slidable relative to the grommet base when the grommet insert is held by the grommet base, the grommet insert having a plurality of insert interlocking features that engage a plurality of base interlocking features to block sliding of the grommet insert relative to the grommet base (the interlocking features block sliding in Z-direction, see annotated Fig. 1); and
a stud secured to a second component (30), the stud held within a socket of the grommet insert and slidable with the grommet insert relative to the grommet base (see annotated Fig. 1).
Regarding claim 14, Safry et al. discloses, wherein the plurality of insert interlocking features are a plurality of insert teeth, and the plurality of base interlocking features are a plurality of base teeth (see annotated Fig. 1).
Regarding claim 15, Safry et al. discloses, wherein the stud is a ball stud (see annotated Fig. 1).
Regarding claim 17, Safry et al. discloses, wherein the plurality of insert interlocking features and the plurality of base interlocking features are biased into engagement with each other (see annotated Fig. 1; Col. 7, lines 7-11).
Regarding claim 18, Safry et al. discloses, wherein the plurality of insert interlocking features and the plurality of base interlocking features are disengaged when the grommet insert slides relative to the grommet base (see annotated Fig. 1).
Regarding claim 20, Safry et al. discloses, wherein the first component (28) is an exterior trim panel of a vehicle (see Col. 3, lines 63-67).
Regarding claim 21, Safry et al. discloses, wherein at least one of the plurality of base teeth or the plurality of insert teeth is carried on a spring arm (58) that biases the at least one of the plurality of base teeth or the plurality of insert teeth into engagement with the other (see annotated Fig. 1; Col. 7, lines 7-11).
Regarding claim 23, Safry et al. discloses, comprising:
a grommet base securable to a vehicle body panel (28) (see annotated Fig. 1);
a grommet insert carried by the grommet base, the grommet insert having a socket (40) that holds a stud extending from a trim panel (30) (see annotated Fig. 1); and
a plurality of interlocking features between the grommet base and the grommet insert, the plurality of interlocking features biased into an engaged state that holds the grommet insert in a selected one of a plurality of fixed positions relative to the grommet base, the plurality of interlocking features movable to a disengaged state in response to a force applied to the grommet insert that overcomes the bias, the grommet insert slidable relative to the grommet base to a different one of the plurality of fixed positions when the plurality of interlocking features are in the disengaged state (the grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1, Figs. 3 and 4; also Col. 5, lines 14-21, and Col. 7, lines 7-11).
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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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Safry et al. (US Patent No. 10,408,248), in view of Vaitus et al. (US Patent No. 6,834,906 cited by applicant).
Regarding claim 7, Safry et al. discloses the claimed invention except for the first component is a trim panel.
However, Vaitus et al. teaches the first component is a trim panel (see Col. 1, lines 18-22).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the first component from Safry et al. as a trim panel in order to attach the trim panel to a liftgate panel to cover components mounted on the gate as taught by Vaitus.
Regarding claim 8, Safry et al. discloses, wherein the second component (28) is a body panel of a vehicle (see Col. 3, lines 63-67).
Regarding claim 9, the combination of Safry et al. in view of Vaitus et al. discloses, wherein the body panel is a liftgate body panel (see Col. 3, lines 63-67 from Vaitus).
Regarding claim 10, Safry et al. discloses, wherein the grommet base is snap-fit within an aperture (26) of the body panel (see Col. 3, lines 63-67).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Safry et al. (US Patent No. 10,408,248), in view of Lee (US Patent No. 11,882,906).
Regarding claim 22, Safry et al. discloses wherein the plurality of base teeth and the plurality of insert teeth, and a horizontal force applied to the grommet insert that overcomes a biasing force disengages and to permit the grommet insert to move from one of the plurality of fixed positions to another of the plurality of fixed positions (the grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1, Figs. 3 and 4; also Col. 5, lines 14-21, and Col. 7, lines 7-11).
Safry et al.does not disclose the plurality of base teeth and the plurality of insert teeth are ratchet teeth.
However, Lee teaches the plurality of base teeth and the plurality of insert teeth are ratchet teeth (146, 148, 202, 204) (see Fig. 7).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of base teeth and the plurality of insert teeth from Safry with ratchet teeth as taught by Lee to facilitate mechanical engaging and disengaging the grommet insert into the grommet base.
Response to Arguments
Applicant's arguments filed 06/23/2026 have been fully considered but they are not persuasive.
Regarding claim 1, the applicant alleged that Safry does not disclose “the grommet insert adjustable relative to the grommet base between a plurality of fixed positions”. The examiner disagrees because Safry broadly discloses the grommet insert adjustable relative to the grommet base between a plurality of fixed positions (see annotated Fig. 1). The grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1 and Figs. 3; also Col. 5, lines 14-21.
Regarding claims 2 and 11, the applicant alleged that Safry discloses “no teeth and no interlocking features that hold the inner housing in a position”. The examiner disagrees because Safry broadly discloses teeth and interlocking features, also the grommet insert move in a plurality of fixed positions in negative or positive Y-direction, and is fix in Z-direction, see annotated Fig. 1, Figs. 3; also Col. 5, lines 14-21.
Regarding claim 13, the applicant alleged that Safry does not disclose “the grommet insert having a plurality of insert interlocking features that engage a plurality of base interlocking features to block sliding of the grommet insert relative to the grommet base (see annotated Fig. 1)”. The examiner disagrees because Safry broadly discloses a plurality of insert interlocking features that engage a plurality of base interlocking features to block sliding of the grommet insert relative to the grommet base (the interlocking features block sliding in Z-direction, see annotated Fig. 1).
Applicant’s arguments are more limiting than the claimed invention.
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 LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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 W. 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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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
Prosecution Insights