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 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, 3 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6572317, Okada.
In regards to claim 1, in Figures 1-4 and paragraphs detailing said paragraphs, Okada discloses a fastener for connecting a first component to a second component, the fastener comprising: a supporting disc (see Fig. 3 below), the supporting disc having a first side and a second side disposed opposite to each other; a connection portion (see Fig. 3 below), the connection portion being connected to the first side of the supporting disc and extending in an axial direction of the supporting disc; and a sealing portion (5), the sealing portion being connected to a circumferential edge of the supporting disc, and the sealing portion comprising a side wall (see Fig. 3 below) and an extension portion (see Fig. 3 below),wherein the side wall extends from the circumferential edge of the supporting disc in a direction away from the connection portion, the extension portion is located on an outer side of the side wall and extends from a distal end of the side wall toward the supporting disc, and a receiving groove (see Fig. 3 below) is formed between the extension portion and an outer surface of the side wall.
[AltContent: textbox (Connection Portion)][AltContent: textbox (2nd Contact surface)][AltContent: arrow][AltContent: textbox (Receiving groove)][AltContent: textbox (1st Contact surface)][AltContent: arrow][AltContent: arrow][AltContent: rect][AltContent: connector][AltContent: textbox (Extension Portion)][AltContent: rect][AltContent: connector][AltContent: textbox (Side wall)][AltContent: rect][AltContent: connector][AltContent: textbox (Supporting disc)][AltContent: rect]
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In regards to claim 3, in Figures 1-4 and paragraphs detailing said paragraphs, Okada discloses the outer surface of the side wall of the sealing portion (150) comprises a first contact surface (see Fig. 3 above), the first contact surface extending obliquely away from a central axis of the supporting disc in a direction from a proximal end to the distal end of the side wall.
In regards to claim 4, in Figures 1-4 and paragraphs detailing said paragraphs, Okada discloses an inner surface of the extension portion comprises a second contact surface (see Fig. 3 above), the second contact surface extending obliquely away from a central axis of the supporting disc in a direction from the distal end of the side wall to the supporting disc.
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) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okada.
In regards to claim 2, Okada discloses the claimed invention except for the fastener being integrally formed from a thermoplastic material. Applicant has failed to show criticality for the fastener being integrally formed from a thermoplastic material, and the Okada invention is fully capable of being integrally formed from a thermoplastic material. It 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 to fabricate the fastener from a thermoplastic material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
In regards to claim 7, Okada discloses the claimed invention except for the extension portion having a smaller thickness than the side wall. Applicant has failed to show criticality for the extension portion having a smaller thickness than the side wall, and the Okada invention is fully capable of being modified with the extension portion having a smaller thickness than the side wall. It 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 to fabricate the extension portion with a smaller thickness than the side wall, since a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Allowable Subject Matter
Claims 5, 6 and 8-12 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M DUNWOODY whose telephone number is (571)272-7080. The examiner can normally be reached Monday - Friday 9:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at 571-270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON M DUNWOODY/Primary Examiner, Art Unit 3679
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