DETAILED ACTION
Claim Objections
Claim 2 objected to because of the following informalities:
Claim 2 recites “the first partial region has a third screw element which penetrates a third through opening of the clamping element”. The clamping element is not recited to have a first and second through openings. The Examiner has interpreted the limitation to read “a third through opening of the structural element” as this is set forth in the disclosure.
Claims 3, 4 recite “a transverse direction of the vehicle”. The vehicle is a three dimensional object, all directions are transverse to a three dimensional object. The Examiner has interpreted the limitation to read “a direction transverse with respect to the vehicle direction of travel”.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaden (U.S. 4,532,578)
Regarding claim 1, Gaden teaches a fastening arrangement for a lighting device (taillamp assembly 34) on a structural element (finishing panel 30) of a vehicle, the lighting device being configured to light at least a partial region of an environment of the vehicle, comprising:
a fastening device by which the lighting device is fastened to the structural element, the fastening device comprising:
at least one first through opening (space between 88) of the structural element, the first through opening of which is penetrated by the lighting device such that a first partial region (rear of taillamp housing including portion of 86, retention flanges 74, and cantilever brackets 78) of the lighting device is arranged on a rear side of the structural element facing away from the environment (see fig. 8, arranged behind finishing panel) and a second partial region of the lighting device is arranged on a front side of the structural element facing the environment (lens 70);
at least one clamping element (spring clip 86) which is arranged on the rear side, is connected to the first partial region (portion of the lamp behind 30), and is clamped against the rear side, as a result of which the second partial region is clamped against the front side;
at least one second through opening (holes for 82) of the structural element, which second through opening is arranged next to the first through opening, is spaced apart and is separated from the first through opening (see fig. 8);
at least one first screw element (82) of the lighting device, the screw element having threads and penetrating the second through opening; and
at least one second screw element (slotted nut 80) which is arranged on the rear side (arranged on rear of finishing panel 30), is screwed to the first screw element and thus clamped against the rear side (clamped to rear side), as a result of which the second partial region is clamped against the front side.
Regarding claim 2, Gaden teaches that the first partial region has a third screw element which penetrates a third through opening (additional hole for 82) of the structural element and to which a fourth screw element is screwed, as a result of which the fourth screw element is clamped against a side of the clamping element facing away from the rear side and the clamping element is clamped against the rear side (see fig. 8).
Regarding claim 3, Gaden teaches that the second through opening follows the first through opening in a transverse direction (upwards, transverse to travel axis) of the vehicle.
Regarding claim 4, Gaden teaches that the second through opening follows the first through opening inward in the transverse direction of the vehicle (see annotated figure 8).
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Regarding claim 5, Gaden teaches that the first through opening is arranged in an indentation in the structural element (see fig. 8).
Regarding claim 6, Gaden does not clearly teach that the indentation is formed by a stamping of the structural element.
The limitation “stamping” has been considered but not given patentable weight because this is a product by process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe , 227 USPQ 964, 966 (Fed. Cir. 1985) MPEP. 2113
Regarding claim 7, Gaden teaches that in the indentation (46), there is a second indentation (opening) in the structural element, in the second indentation of which the second through opening is arranged (see fig. 8).
Regarding claim 8, Gaden does not teach that the second indentation is formed by a stamping of the structural element.
The limitation “stamping” has been considered but not given patentable weight because this is a product by process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe , 227 USPQ 964, 966 (Fed. Cir. 1985) MPEP. 2113
Regarding claim 9, Gaden teaches that the first and second through openings are formed in a wall of the structural element (see fig. 8, outer wall of finishing panel), which wall is formed from a single piece (formed of single piece).
Regarding claim 10, Gaden teaches a vehicle comprising at least one fastening arrangement according to claim 1.
Regarding claim 11, Gaden teaches that the threads of the third screw element are external (screw 82 with external threads), and the threads of the fourth screw element are internal (spring nut 80, internal threads).
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Examiner finds that Gaden specifically teaches the use of spring clips (86), interlocking flanges (76) and screw elements together to mount vehicle lamps. The Examiner notes in the interest of compact prosecution that such elements may be rearranged according to the structures of the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miyoshi (US 5,060,122) teaches a similar structure, however it does not specifically teach a clamping structure with 35.
Metti (US 4,796,165) teaches the use of screw elements to clamp a taillight structure, which additionally uses interlocking structures at 41.
Kao (U.S. 4,953,065) teaches a similar arrangement to applicant’s, however it does not clearly set forth clamping structures, using only screw structures.
Mizusawa (U.S. 4,488,206) teaches a similar structure, however it only teaches clamping structures and no threaded structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J PEERCE whose telephone number is (571)272-6570. The examiner can normally be reached 8-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James Greece can be reached on (571) 272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Matthew J. Peerce/Primary Examiner, Art Unit 2875