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 .
Amendment filed 9/8/2026 has been entered. Claims 1 and 3-6 remain pending in the present application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re. Cls. 1 and 10, the limitation “the plurality of fitting grooves are fitted into the plurality of fitting ribs such that the member is prevented from rotating on the cylindrical coupling protrusion” renders the claim indefinite in the Examiner’s position. It is unclear how grooves can fit into ribs since grooves are generally open structures which receive projections whereas ribs are generally projecting structures which can enter into open structures. It is unclear therefore since it appears as if the Applicant is claiming the opposite configuration. It is suggested that the applicant amend the limitation to read ““the plurality of fitting ribs are fitted into the plurality of fitting grooves such that the member is prevented from rotating on the cylindrical coupling protrusion” to overcome this issue.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hong 2021/0107431 (hereinafter Hong) in view of Heimann US 2016/0258465 (hereinafter Heimann).
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Re. Cl. 1, Hong discloses: A fixing device (Fig. 2) comprising: a cover bracket (10, Fig. 2) configured to allow an electronic component to be seated thereon (see Fig. 2; wiper motor as discussed in Paragraph 0037); and a coupling portion (40, 50, 60, 70, Fig. 2) protruding rearward from a rear surface of the cover bracket (see Fig. 2), wherein the coupling portion includes: a fixing body (40, Fig. 2) extending from the rear surface of the cover bracket (see Fig. 2); a cylindrical coupling protrusion (70, Fig. 2-5) extending from the fixing body (see Fig. 3-5); a head positioned at one end of the cylindrical coupling protrusion (portion above 79 as shown in Fig. 5) and including a curved surface (see Fig. 5); and a member (60, Fig. 2) configured to be fitted along the curved surface of the head and to surround an outer circumferential surface of the cylindrical coupling protrusion (see Fig. 3-5); wherein the cylindrical coupling protrusion includes a plurality of fitting ribs (76, Fig. 5) positioned to be spaced apart from each other on the outer circumferential surface of the cylindrical coupling protrusion (see Fig. 5), wherein the member includes a plurality of fitting grooves (66, Fig. 6) defined therein corresponding to the plurality of fitting ribs (see Fig. 3-4); wherein the plurality of fitting grooves are fitted into the plurality of fitting ribs such that the member is prevented from rotating on the cylindrical coupling protrusion (see Fig. 3-4 and Paragraph 0045-0046 and 0058, by having the groove and ribs (76 and 66) coupled together and linearly guiding movement would prevent relative rotation between the two parts).
Re. Cl. 3, Hong discloses: the plurality of fitting ribs are configured to extend in a longitudinal direction of the cylindrical coupling protrusion (see Fig. 5).
Re. Cl. 4, Hong discloses: the cylindrical coupling protrusion includes a step (79, Fig. 5) defined to be recessed at the one end (see Fig. 5), wherein the member includes a catch protrusion (68, Fig. 4) positioned on an inner circumferential surface thereof and inserted into the step (see Fig. 4).
Re. Cl. 5, Hong discloses: a diameter of the head is greater than a diameter of the cylindrical coupling protrusion (see Fig. 5, the diameter of the head or top of 70 is greater than the diameter of the portion below 74 for instance).
Re. Cl. 6, Hong discloses: the fixing body has a cylindrical shape (see Fig. 2), wherein a diameter of the fixing body is greater than a diameter of the cylindrical coupling protrusion (see Fig. 2).
Re. Cl. 7, Hong discloses: the fixing body extends from the rear surface of the cover bracket and includes a plurality of fixing ribs (see annotated figure 3) positioned to be spaced apart from each other on an outer circumferential surface thereof (see Fig. 2, spaced apart so as to receive 30 therebetween) .
Re. Cl. 8, Hong discloses: the plurality of fixing ribs are configured to extend in a longitudinal direction of the fixing body (see annotated figure 3, the ribs have a thickness in a longitudinal direction, i.e. vertical direction, of the fixing body 40).
Re. Cl. 10, Hong discloses: A vehicle (Fig. 3) comprising: a vehicle body (90, Fig. 3); and a fixing device (Fig. 2) configured to fix an electronic component to the vehicle body (see Fig. 2; wiper motor as discussed in Paragraph 0037), wherein the fixing device includes: a cover bracket (30, Fig. 2) configured to allow the electronic component to be seated thereon (see Fig. 2; wiper motor as discussed in Paragraph 0037); and a coupling portion (40, 50, 60, 70, Fig. 2) protruding rearward from a rear surface of the cover bracket (see Fig. 3, towards 90), wherein the coupling portion includes: a fixing body (40, Fig. 2) extending from the rear surface of the cover bracket (see Fig. 2);a cylindrical coupling protrusion (70, Fig. 2-3) extending from the fixing body (see Fig. 2-4);a head (see tip of 70, Fig. 5) positioned at one end of the cylindrical coupling protrusion and including a curved surface (see Fig. 5); and a member (60, Fig. 2-4) configured to be fitted along the curved surface of the head and to surround an outer circumferential surface of the cylindrical coupling protrusion (see Fig. 3-4); wherein the cylindrical coupling protrusion includes a plurality of fitting ribs (76, Fig. 5) positioned to be spaced apart from each other on the outer circumferential surface of the cylindrical coupling protrusion (see Fig. 5), wherein the member includes a plurality of fitting grooves (66, Fig. 6) defined therein corresponding to the plurality of fitting ribs (see Fig. 3-4); wherein the plurality of fitting grooves are fitted into the plurality of fitting ribs such that the member is prevented from rotating on the cylindrical coupling protrusion (see Fig. 3-4 and Paragraph 0045-0046 and 0058, by having the groove and ribs (76 and 66) coupled together and linearly guiding movement would prevent relative rotation between the two parts).
Re. Cls. 1-2, 4 and 9-10, Hong does not disclose that the member is rubber (Cls. 1-2, 4 and 10) or the rubber member includes at least one material selected from a group consisting of silicone, urethane, and thermoplastic elastomer (TPE) (Cl. 9). Heimann discloses a coupling portion (Fig. 2) which includes a cylindrical coupling portion (10, 12, Fig. 2) including a head portion (12) which mates with a rubber member (20, Fig. 1-2) configured to be fitted along the curved surface of the head and to surround an outer circumferential surface of the cylindrical coupling protrusion (see Fig. 2); wherein the rubber member includes at least one material selected from a group consisting of silicone, urethane, and thermoplastic elastomer (TPE) (see paragraph 0021, Lines 1-3 and Paragraph 0032).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Hong member to be made out of the materials claimed as disclosed by Heimann with reasonable expectation of success 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. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant's arguments filed 9/8/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Hong does not disclose the claimed structure as recited in claim 1, the Examiner disagrees. It is the Examiner’s position Hong discloses such a claimed configuration since the the ribs (76) fit within the grooves (66) as shown in Figs. 3-4. Specifically, by having the grooves receiving the ribs, relative rotation between the two would be prevented. Hong in Paragraph 0045 and 0058 discloses that the “sliding guide of the inner pin member 70 described below may be coupled to the split slot (66). Further, Hong discloses in Paragraph 0058 that the “sliding guide 76 may guide the inner pine member (70) to move linearly.” It is the Examiner’s position that these portions of the disclosure in combination with Figs. 3-4 support the Examiner’s position that the mating ribs and grooves would prevent relative rotation as claimed. Applicant alleges that the ribs and grooves “cooperate to guide linear movement of the inner pin member within the outer pine member during one-touch push assembly.” The Examiner agrees with this summary and is of the position that the guided linear movement would prevent rotation as claimed by the Applicant. Therefore, Applicant’s argument has been considered but is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Morgillo US 2017/0108025, Metten US 2014/0199116, and McFadden US 2099655 disclose other known fixing devices which are presented to the Applicant for their consideration.
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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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