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 § 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 1-20 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.
With regards to claims 1, 5, and 13, the claim recites “a threaded collar having an internally-threaded collar and a collar flange.” The claim uses “collar” to name both the whole component and a part of the same component. The specification further describes the threaded collar 150 comprising a collar flange 158 and a “threaded collar” 122 in para [0046]. The threaded collar uses two identical names for different elements 150 and 122. Claims 1, 5, and 13 then recites that the threaded collar is “configured to threadedly engage the threaded insert through the retainer passageway via the threaded body and the internally-threaded collar,” and for claim 1 that “the collar flange comprises one or more tabs.” It is indefinite as to whether the “the threaded collar” is being refer to the overall component or to its internally-threaded tubular portion. The scope of the claim is indefinite. Applicant is suggested to rename the tubular portion to --a threaded collar having an internally-threaded sleeve and a collar flange-- and all the dependent recitations.
Claims 2-4, 6-12, and 14-20 are rejected as being dependent on, and failing to cure the deficiencies, of rejected dependent claims 1, 5, and 13.
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 1-4, 13, 15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (US-9829021-B2) in view of Clark et al. (US-20220341447-A1), further in view of Figge et al. (US-8066465-B2).
With regards to claim 1, Johnson et al. disclose a fastening system for coupling a first component and a second component with a hybrid compensating assembly (panels 102 and 104, Figs. 6-8) comprising a male fastener (fastener 80), a spring clip (torque clip 12, col 3, lns 63-col 4, lns 17) defining a passageway configured to receive at least a portion of the male fastener and received within the sleeve through-hole of the threaded insert with torque clip 12, a component of assembly 10, having a tubular main body 20 with one or more longitudinal recesses 23 formed therein, the body being inserted into the fastener-receiving channel 22 of the first nut 14 as shown in Fig. 1 (col 4, lns 3-17, Johnson et al. disclose that the torque clip 12 centers and holds a fastener such as a bolt or screw as the fastener is inserted into that channel, that it ensures the fastener remains in place and does not dislodge from the first nut, and that it may be a plastic sleeve used to grip a fastener during installation (col 4, lns 9-17), a screw or bolt having a solid shaft carrying external threads, a threaded insert having a threaded body defining a sleeve through-hole with the first nut 14 (threaded insert) having a shaft 24 whose outer surface carries threads 30 and through which a fastener receiving channel 12 is formed longitudinally as shown in Fig. 1, a retainer defining a retainer passageway and comprising a cylindrical body (retaining tube 18 having a tubular wall 58 that defines a central channel 60 sized to receive the second nut as shown in Figs. 1), a threaded collar having an internally-threaded collar and a collar flange with (second nut 16 having a circumferential retaining wall 40 whose interior carries threads 46 and defines a central passage 44, together with a lower panel-abutting collar 42 extending radially from the wall as shown in Fig. 1), the threaded collar threadedly engaging the threaded insert through the retainer passageway (threads 30 of the shaft are threadedly connected to internal threads 46 of the second nut, the engaged pair being received within the central channel of the retaining tube, and their relative rotation varies the axial length of the assembly to take up the gap between the panels as shown in Figs. 6-8), the collar flange comprising one or more tabs extending radially therefrom (cantilevered tabs 52 extending outwardly from root 50, which rises from lower collar 42 as shown in Figs. 1-4, the tabs configured to secure the threaded collar relative to the retainer with each tab snaps into a reciprocal slot 62 formed in tubular wall 58, so that the retaining tube securely retains the second nut within the central channel as shown in Figs. 2-4).
Johnson et al. fail to disclose a retainer configured to couple with the first component via one or more legs, a threaded insert having a flange defining one or more notches, and a retainer wherein the cylindrical body comprises one or more retention arms configured to engage the notches.
Clark et al. disclose a push retainer 102 comprising an annular body 122 having a topside surface 122a and an underside surface 122b and defining an opening 124, together with one or more legs 118 extending downwardly away from the underside surface as shown in Figs. 2a-2c. Each leg carries at its distal end 118a an engagement feature 120 by which the push retainer is secured to a first panel 104 through a panel opening 106. Clark additionally discloses cutouts 202 at leg bend line 204 which reduce the rigidity of the leg so that it deflects as the engagement feature passes through the opening as shown in Figs. 2a-2c.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the retaining tube of Johnson et al. with downwardly extending legs carrying engagement features, as taught by Clark et al., in order to secure the compensating assembly directly to the first panel so that it may be pre-attached at the factory and can be handled as a single unit. Clark et al. disclose that a retainer is pre-attached to a panel at the factory before shipment to the end user (paras [0003]-[0004]) and that adhesives are currently used in the industry and that increases cost and introduces additional manufacturing steps and that a mechanical solution is more economical because it eliminates materials and several steps.
Furthermore, Figge et al. disclose a fastening device with tolerance compensation in which a sleeve-shaped retainer 14 receives a threaded adjusting nut 10 having an internal thread 16, into which is screwed a threaded sleeve 40 carrying a matching external thread 66 and hollow so that the connecting screw passes through it. A locating plate 38 clamped on the axial end of the aht sleeve carries on its periphery six indentations forming latching projections 60 with lateral stop surface 62; a radially projecting portions 30 on the outer face of the retainer carries an elastically flexible latching arm 32 with an adjacent stop surface 34; and on assembly the projection slides over a rounded raised portion of the arm until stop surface 62 meets stop surface 34, Figs 1, 3, and 5-7.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form one or more notches in the collar of Johnson et al.’s first nut and to provide the cylindrical wall of the retainer with corresponding retention arms engaging those notches, as taught by Figge et al., in order to hold the threaded insert against rotation and against axial displacement relative to the retainer.
With regards to claim 2, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 1 as set forth above. Clark et al. further disclose each of the one or more legs 118 comprises spring tab 504 to lock the retainer to the first component (in embodiment in Figs. 5a-5e the sheet metal being stamped with a tab 504 connected to leg 118 on at least one side and is then bent to extend outwardly from the leg to engage the first panel 104 which is only shown in Fig. 1 and the tab 504 serving as part of the engagement feature 502).
With regards to claim 3, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 1 as set forth above. Clarke et al. further disclose that retainer is fabricated from a plastic material (although the retainer 102 of Clark et al. is made primarily of stamped metal, Clark et al. discloses that other materials can be used including synthetic or semi-synthetic polymers , composite materials , or a combination thereof, para [0026]) in order to make the component lighter in weight and cost less to manufacture.
With regards to claim 4, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 1 as set forth above. Johnson et al. disclose wherein the threaded insert and the threaded collar are fabricated from a metal material (the first nut 14 and second nut 16 may each be formed of metal, col 4, lns 18 and col 4, lns 44) and Figge et al. disclose with the threaded adjusting nut 10, blind rivet nut 12, threaded sleeve 40 and locating plate 38 are made of metal (col 4, lns 64-67).
With regards to claim 13, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 1 as set forth above. Johnson et al. disclose a compensating assembly for coupling a first component and a second component with panels 102 and 104 as shown in Figs. 6-8, a threaded insert having a threaded body defining a sleeve through-hole (the first nut 14 having a shaft 24 whose outer surface receives threads 30 and through which a fastener-receiving channel 22 is formed longitudinally as shown in Fig. 1), a retainer defining a retainer passageway and comprising a cylindrical body (retaining tube 18 having a tubular wall 58 that defines a central channel 60 sized to receive the second nut as shown in Figs. 1 and 13), a threaded collar having an internally-threaded collar and a collar flange (the second nut 16 having a circumferential retaining wall 40 whose interior receives threads 46 and defines a central passage 44, together with a lower panel-abutting collar 42 extending radially from that wall as show in Fig. 1), and the threaded collar configured to threadedly engage the threaded insert through the retainer passageway via the threaded body and the internally-threaded collar (the threads 30 of the shaft are threadedly connected to internal threads 46 of the second nut, the engaged pair being received within the central channel of the retaining tube, and relative rotation of the two nuts varies the axial length of the assembly so as to take up the gap between the panels as shown in Figs. 6-8).
Johnson et al. fail to disclose a retainer configured to couple with the first component via one or more legs, a threaded insert having a flange defining one or more notches and a retainer wherein the cylindrical body comprises one or more retention arms configured to engage the notches.
Clark et al. disclose a push retainer 102 comprising an annular body 122 having a topside surface 122a and an underside surface 122b and defining an opening 124, together with one or more legs 118 extending downwardly away from the underside surface as shown in Figs. 2a-2c. Each leg carries at its distal end 118a an engagement feature 120 by which the push retainer is secured to a first panel 104 through a panel opening 106. Clark additionally discloses cutouts 202 at leg bend line 204 which reduce the rigidity of the leg so that it deflects as the engagement feature passes through the opening as shown in Figs. 2a-2c.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the retaining tube of Johnson et al. with downwardly extending legs carrying engagement features, as taught by Clark et al., in order to secure the compensating assembly directly to the first panel so that it may be pre-attached at the factory and can be handled as a single unit. Clark et al. disclose that a retainer is pre-attached to a panel at the factory before shipment to the end user (paras [0003]-[0004]) and that adhesives are currently used in the industry and that increases cost and introduces additional manufacturing steps and that a mechanical solution is more economical because it eliminates materials and several steps.
Furthermore, Figge et al. disclose a fastening device with tolerance compensation in which a sleeve-shaped retainer 14 receives a threaded adjusting nut 10 having an internal thread 16, into which is screwed a threaded sleeve 40 carrying a matching external thread 66 and hollow so that the connecting screw passes through it. A locating plate 38 clamped on the axial end of the aht sleeve carries on its periphery six indentations forming latching projections 60 with lateral stop surface 62; a radially projecting portions 30 on the outer face of the retainer carries an elastically flexible latching arm 32 with an adjacent stop surface 34; and on assembly the projection slides over a rounded raised portion of the arm until stop surface 62 meets stop surface 34, Figs 1, 3, and 5-7.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form one or more notches in the collar of Johnson et al.’s first nut and to provide the cylindrical wall of the retainer with corresponding retention arms engaging those notches, as taught by Figge et al., in order to hold the threaded insert against rotation and against axial displacement relative to the retainer.
With regards to claim 15, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the hybrid compensating assembly of claim 13 as set forth above. Figge et al. disclose wherein each of the one or more retention arms includes flexible arm portion, a base portion, and a ledge portion with the retention arm 32 in Fig. 3 having a base portion at element 34, a ledge at element 32, and a flexible arm portion in between elements 34 and 32.
With regards to claim 18, the combination of Johnson et. In view of Clark et al. and Figge et al. discloses the hybrid compensating assembly of claim 13 as set forth above. Clark et al. further disclose each of the one or more legs 118 comprises spring tab 504 to lock the retainer to the first component (in embodiment in Figs. 5a-5e the sheet metal being stamped with a tab 504 connected to leg 118 on at least one side and is then bent to extend outwardly from the leg to engage the first panel 104 which is only shown in Fig. 1 and the tab 504 serving as part of the engagement feature 502).
With regards to claim 19, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 13 as set forth above. Clarke et al. further disclose that retainer is fabricated from a plastic material (although the retainer 102 of Clark et al. is made primarily of stamped metal, Clark et al. disclose that other materials can be used including synthetic or semi-synthetic polymers , composite materials , or a combination thereof, para [0026]).
With regards to claim 20, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 13 as set forth above. Johnson et al. disclose wherein the threaded insert and the threaded collar are fabricated from a metal material (the first nut 14 and second nut 16 may each be formed of metal, col 4, lns 18 and col 4, lns 44) and Figge et al. with the threaded adjusting nut 10, blind rivet nut 12, threaded sleeve 40 and locating plate 38 are made of metal (col 4, lns 64-67).
Claims 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (US-9829021-B2) in view of Clark (US-20220341447-A1).
With regards to claim 5, Johnson et al. disclose a hybrid compensating assembly for coupling a first component and a second component (panels 102 and 104, Figs. 6-8) comprising: a retainer defining a retainer passageway (retaining tube 18 having a tubular wall 58 that defines a central channel 60 sized to receive the second nut as shown in Figs. 1 and 13), a threaded insert having a threaded body defining a sleeve through-hole (first nut 14 having a shaft 24 whose outer surface has threads 30 and through which a fastener-receiving channel 22 is formed longitudinally, the channel extending through the fastener-receiving end 28 and the distal tip 36 and centered about longitudinal axis 38 as shown in Fig. 1), a threaded collar having an internally-threaded collar and a collar flange (second nut 16 having a circumferential retaining wall 40 whose internal surface has threads 46 and which defines a central passage 44, together with a lower panel-abutting collar 42 that radially extends from that wall as shown in Fig. 1), the threaded collar configured to threadedly engage the threaded insert via the internally-threaded collar (threads 30 of the shaft are threadedly connected to internal threads 46 of the second nut 16, and relative rotation of the two nuts moves the first nut 14 within the central passage so as to compensate the gap between the panels as shown in Figs. 6-8), and the collar flange comprising one or more tabs extending radially therefrom (cantilevered tabs 52 extending outwardly from root 50, which rises from the lower collar 42 as shown in Figs. 1-4).
However, Johnson et al. fail to disclose wherein the retainer configured to couple with the first component via one or more legs.
Clark et al. disclose a push retainer 102 comprising an annular body 122 having a topside surface 122a and an underside surface 122b and defining an opening 124, together with one or more legs 118 extending downwardly away from the underside surface as shown in Figs. 2a-2c. Each leg carries at its distal end 118a an engagement feature 120 by which the push retainer is secured to a first panel 104 through a panel opening 106. Clark additionally discloses cutouts 202 at leg bend line 204 which reduce the rigidity of the leg so that it deflects as the engagement feature passes through the opening as shown in Figs. 2a-2c.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the retaining tube of Johnson et al. with downwardly extending legs carrying engagement features, as taught by Clark et al., in order to secure the compensating assembly directly to the first panel so that it may be pre-attached at the factory and can be handled as a single unit. Clark et al. disclose that a retainer is pre-attached to a panel at the factory before shipment to the end user (paras [0003]-[0004]) and that adhesives are currently used in the industry and that increases cost and introduces additional manufacturing steps and that a mechanical solution is more economical because it eliminates materials and several steps.
With regards to claim 6, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Johnson et al. further disclose wherein one or more tabs 52 are configured to secure the threaded collar or tubular wall 58 as shown in Figs. 2-4 relative to the retainer.
With regards to claim 7, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Johnson et al. further disclose wherein the one or more tabs are configured to secure the threaded collar relative to the retainer via a snap fitting with the free end 74 of each tab 52 slides along the interior of the retaining tube until aligned with slot 62, flexes outwardly and snaps in as shown in Fig. 3.
With regards to claim 8, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Johnson et al. further disclose wherein the one or more tabs are parallel to and offset relative to a plane in which the collar flange resides with flange 56 being parallel with the lower collar 42 and offset from it by the height of root 50 plus beam 54 as shown in Fig. 1.
With regards to claim 9, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Johnson et al. further disclose wherein the threaded collar defines one or more pockets and retention snap configured to engage the one or more tabs with the retaining tube 18 defines reciprocal slots 62 sized and shaped to receive and retain the tabs 52, into which the tabs snap as shown in Figs. 2-4.
With regards to claim 10, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Clark et al. disclose wherein each of the one or legs comprises spring tab to lock the retainer relative to the first component via a retention snap with one or more legs 118 comprising spring tab 504 to lock the retainer to the first component, In embodiment in Figs. 5a-5e the sheet metal being stamped with a tab 504 connected to leg 118 on at least one side and is then bent to extend outwardly from the leg to engage the first panel 104 which is only shown in Fig. 1 and the tab 504 serving as part of the engagement feature 502.
With regards to claim 11, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Clarke et al. further disclose that retainer is fabricated from a plastic material (although the retainer 102 of Clark et al. is made primarily of stamped metal, Clark et al. disclose that other materials can be used including synthetic or semi-synthetic polymers , composite materials , or a combination thereof, para [0026]) in order to make the component lighter in weight and cost less to manufacture.
With regards to claim 12, the combination of Johnson et al. in view of Clark et al. discloses the hybrid compensating assembly of claim 5 as set forth above. Johnson et al. disclose wherein the threaded insert and the threaded collar are fabricated from a metal material (the first nut 14 and second nut 16 may each be formed of metal, col 4, lns 18 and col 4, lns 44) and Figge et al. with the threaded adjusting nut 10, blind rivet nut 12, threaded sleeve 40 and locating plate 38 are made of metal (col 4, lns 64-67).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al. (US-9829021-B2) in view of Clark et al. (US-20220341447-A1) and Figge et al. (US-8066465-B2), and further in view of Burger et al. (US-7891927-B2).
With regards to claim 14, the combination of Johnson et al. in view of Clark et al. and Figge et al. discloses the fastening system of claim 13 as set forth above. However, the combination of Johnson et al. in view of Clark et al. and Figge et al. fail to disclose wherein each of the one or more retention arms is positioned in a recessed pocket formed in the cylindrical body.
Burger et al. disclose a fastening apparatus with tolerance compensation in which the adjustment element 4 comprises a sleeve-shaped body 30 carrying a flange 32 at its upper end. In an area below the flange, the sleeve-shaped body is provided with two diametrically opposed windows 44, in which two elastic drag arms 46 are arranged and shown in Figs. 3 and 9-10. Each drag arm is formed on the inner perimeter of the flange and runs axially downward and protrudes radially inward. Therefore, Burger discloses the resilient arms positioned within the openings formed in the cylindrical wall of a sleeve, so that each arm is received within the wall rather than projecting beyond its outer envelope.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the cylindrical wall of the retainer of the modified Johnson et al. in view of Clark et al. and Figge et al. with a recess or opening at the retention arm and in order to position the arm within the recess, as taught by Burger.
Allowable Subject Matter
Claims 16-17 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.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 16, US-9829021-B2 to Johnson et al. disclose a compensation nut fastener assembly comprising a first nut 14 having a shaft 24 with external threads 30 and a fastener-receiving channel 22; a second nut 16 having a circumferential retaining wall 40 with internal threads 46 and a lower panel-abutting collar 42; and a retaining tube 18 having a tubular wall 58 defining a central channel 60 which receives the second nut. Johnson secures the second nut 16 within the retaining tube 18 by cantilevered tabs 52, which extend outwardly from a root 50 rising from the lower collar 42 and snap into reciprocal slots 63 formed in the tubular wall proximate to the upper edge 64. However, Johnson et al., considered individually or in combination, do not teach or suggest a compensation nut fastener assembly having a retention arm carried on the cylindrical body of a retainer and having a base portion resiliently coupled with a floor portion of a recessed pocket formed in the cylindrical body.
Claim 17 is allowable because of their dependence from allowable claim 16 and because they further limit the claimed assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-9771962-B2 to Metten et al. discloses a tolerance compensation assembly having notches in circumferential flange.
EP-4332388-A1 to Bente et al., US-20200173472-A1 to Erpenbeck, US-20190293099-A1 to Pitt, US-20230167841-A1 to Lee et al., and US-20240044349-A1 to Bente et al. disclose devices for compensating tolerances.
US-20220065284-A1 to Li et al. discloses a nut fastener assembly with protrusions integral with a base plate, channels, and an elastic portion.
US-11566649-B2 to Gagliardi et al. discloses a spacer assembly.
US-5632584-A1 to Acevedo discloses a blind snap mounted clip system with a locking paw.
US-20040244156-A1 to Jackson, Jr. et al. discloses a sheet metal fastening clip with notches.
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/L.B.N./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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