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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 4, 2026 has been entered.
Response to Amendment
Claims 1, 11, 13, 28-31, and 33-35 have been amended. Therefore, claims 1-4, 7, 9, 11-15, and 17-35 remain pending in the application.
With respect to the Claim amendments filed March 4, 2026, the Examiner respectfully notes amendments to the Claims appear to have been made without appropriate markings showing changes, e.g. claim 13, line 15 of “said inner passage” should read “said inner passageway” and claim 33, line 22 of “the wall” should read “the wall structure”, and respectfully requests Applicant to carefully review in its entirety and correct appropriately in future responses; see MPEP 714.
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 1-4, 7, 9, 11-15, and 17-35 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.
The Examiner notes the claims appear to have numerous 112(b) rejections and respectfully requests Applicant to carefully review all claims in their entirety and correct appropriately; a non-exhaustive list is as follows:
Claim 1 recites the limitation "the body" in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 1 will be read as “the elongated body”.
Claim 13 recites the limitation "said inner passage" in line 15. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 13 will be read as “said inner passageway”.
Claim 29 recites the limitation "said grommet body" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 29 will be read as “a grommet body”.
Claim 30 recites the limitation "said flat segments" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 30 will be read as “said plurality of flat wall segments”.
Claim 33 recites the limitation "the anchor" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 33 will be read as “the molly bolt anchor”.
Claim 33 recites the limitation "the shank portion" in line 15. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, claim 33 will be read as “a shank portion”.
Regarding claim 33, lines 6 and 18, claim recitations of “to receive a bolt” and “inserting a threaded bolt”, respectively, is unclear and renders the claim indefinite. Specifically, it is unclear whether both a bolt and a threaded bolt are being claimed. For the purpose of examination, claim 33 will be examined as best understood.
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.
Claim(s) 1-4, 7, 9, 11-15, 17-22, 25, and 27-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tjerrild (US20190301505A1), hereinafter "Tjerrild-1", in view of Bales et al. (US4726374A), hereinafter "Bales".
Regarding claim 1, as best understood, Tjerrild-1 teaches a mounting assembly (Figs 1 and 3, assembly 100, Paragraphs 0030-0031) [for securing (see Fig 3, Paragraph 0039) a supported element (Fig 3, element 306) to a laminated wall panel (Fig 3, panel 316, Paragraph 0042) having protruding molly bolt anchor head surrounding a threaded opening (Fig 3, threaded surface 119)], comprising:
an elongated body (Fig 8, body 134) formed of rigid plastic (see Fig 8, Examiner notes hatching of body 134 in Fig 8 as formed of rigid plastic) having an inner passageway (Fig 8, center 112) passing (see Fig 8) between a lower end (Fig 8, underside 138) and an upper end (Fig 8, surface 145) of the body (134), wherein said inner passageway (112) has an inner passageway diameter (see Fig 8, Examiner notes a reduced diameter of open center 112 between groove 146 and projection 136 as has an inner passageway diameter) [dimensioned to receive (capable of receiving, i.e. this is a functional recitation; see Fig 3) a bolt (Fig 3, fastener 102, Paragraph 0035) through the elongated body (134) for securing (see Fig 3) the mounting assembly (100) to a wall structure (Fig 3, wall 302)];
a bottom gasket (Fig 3, gasket 140) is attached (see Fig 3) at said lower end (138) of the elongated body (134), said bottom gasket (140) being formed of a circumferential ring (see Fig 1) of compressible material (Paragraph 0057, Examiner notes O-ring or other elastomer as compressible material) surrounding (see Fig 3) the inner passageway (112) and [configured to engage (capable of engaging, i.e. this is a functional recitation; see Fig 3) with a wall surface (see Fig 3, Paragraph 0057, Examiner notes an outer surface of the laminate cover 316 as a wall surface) to form a moisture barrier (see Fig 3, Paragraph 0057, Examiner notes compressed to form a seal as to form a moisture barrier) surrounding (see Fig 3) said inner passageway (112)]; and,
a shank gasket (see Fig 3, Paragraph 0058, Examiner notes compressible washer 144 therebetween can prevent slippage and create a tight, secure seal as a shank gasket) positioned (see Fig 3) at said upper end (145) of the elongated body (134), said shank gasket (see Fig 3) comprises a grommet (Fig 3, washer 144) of compressible gasket material (see Fig 3, Paragraph 0058, Examiner notes a material of compressible washer 144 as of compressible gasket material) positioned (see Fig 3, Paragraph 0058) within an upper cavity (Fig 8, groove 146) of said elongated body (134), said grommet (144) having a central opening (see Fig 1) aligned (see Fig 3) with said inner passageway (112).
Tjerrild-1 fails to teach wherein the central opening of the grommet has a narrow diameter relative to said inner passageway diameter and [is smaller than an outer diameter of a shank portion of the bolt, such that the grommet surrounds and compresses against the shank portion of the bolt]; and wherein said grommet has a non-circular outer shape engaged with a mating non-circular shape of an inner sidewall of said upper cavity to prevent rotation of the grommet within the upper cavity.
However, Bales teaches it is known in the art of seals to provide wherein the central opening (Figs 3-4, bore 38) of the grommet (Figs 3-4, gasket 30) has a narrow diameter (see Figs 3-4, Col 4, lines 22-34, Examiner notes bore 38, which may be slightly undersized as has a narrow diameter) relative to said inner passageway diameter (see Figs 3-4, Examiner notes an inner diameter of a bore extending through housing 16 as said inner passageway diameter) and [is smaller (see Fig 3, Col 4, lines 22-34) than an outer diameter (see Fig 3, Examiner notes an outer diameter of wire 24 as an outer diameter) of a shank portion (Fig 3, wire 24), such that the grommet (30) surrounds (see Fig 3, Col 4, lines 22-34) and compresses (see Fig 3, Col 4, lines 22-34) against the shank portion (24)]; and wherein said grommet (30) has a non-circular outer shape (see Figs 3-4, Examiner notes an outer shape of gasket 30 as has a non-circular outer shape) engaged (see Figs 3-4) with a mating non-circular shape (see Figs 3-4, Examiner notes a mating non-circular shape of piece 32 as with a mating non-circular outer shape) of an inner sidewall (see Figs 3-4) of said upper cavity (see Figs 3-4) to prevent rotation (see Figs 3-4, Col 4, lines 9-21, Examiner notes prevent rotational slippage as to prevent rotation) of the grommet (30) within the upper cavity (see Figs 3-4).
Therefore, as evidenced by Bales, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped central opening of the grommet to have a narrow diameter relative to said inner passageway diameter and [is smaller than an outer diameter of a shank portion, such that the grommet surrounds and compresses against the shank portion]; and wherein said grommet has a non-circular outer shape engaged with a mating non-circular shape of an inner sidewall of said upper cavity to prevent rotation of the grommet within the upper cavity as taught by Bales to the assembly of Tjerrild-1. The rationale for supporting this conclusion of obviousness is to optimize sealing of the assembly based on application and use requirements, e.g. providing a second seal to prevent leakage when the first seal is not being compressed (Bales, Col 2, lines 26-44).
Claim language set in brackets set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of a mounting assembly, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the wall mounting assembly taught by modified Tjerrild-1 as set forth above, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 1 and further teaches wherein an extent (see Fig 8) of said elongated body (134) has an outer shape (see Fig 8) comprised of a lower cylindrical portion (see Fig 8, Examiner notes a lower portion of body 134 adjacent projection 136, i.e. the lower portion of body 134 having channel 142, as comprised of a lower cylindrical portion) but fails to teach an upper cylindrical portion and wherein said lower cylindrical portion has a greater diameter than a diameter of said upper cylindrical portion, and wherein said upper cylindrical portion and lower cylindrical portion are separated by a conical central portion.
However, Tjerrild-1 indicates in Paragraph 0058, the recess or flat groove 146 may have an outer upstanding wall with a height that is selected in order to accommodate the compressible washer 144 as well as a bottom portion of the spacer 104. Thus, Tjerrild-1 teaches an upper cylindrical portion (Paragraph 0058) and wherein said lower cylindrical portion (see Fig 8, Examiner notes a lower portion of body 134 adjacent projection 136, i.e. the lower portion of body 134 having channel 142, as said lower cylindrical portion) has a greater diameter (see Fig 8) than a diameter (Paragraph 0058) of said upper cylindrical portion (Paragraph 0058), and wherein said upper cylindrical portion (Paragraph 0058) and lower cylindrical portion (see Fig 8) are separated (see Fig 8) by a conical central portion (see Fig 8, Examiner notes a chamfer of body 134 adjacent surface 145 as a conical central portion).
Therefore, as evidenced by Tjerrild-1 in Paragraph 0058, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped upper cylindrical portion and wherein said lower cylindrical portion has a greater diameter than a diameter of said upper cylindrical portion, and wherein said upper cylindrical portion and lower cylindrical portion are separated by a conical central portion as taught by Tjerrild-1 in Paragraph 0058 to modified Tjerrild-1. The rationale for supporting this conclusion of obviousness is to provide a groove which can accommodate the compressible washer and a bottom portion of the spacer (Tjerrild-1, Paragraph 0058).
Regarding claim 3, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 2 but fails to teach wherein the upper cylindrical portion has an outer diameter of approximately 0.75 inch and said lower cylindrical portion has an outer diameter of approximately 1.50 inch (Paragraph 0060, Examiner notes Tjerrild-1 indicates washer assembly 106 can be made in various sizes to accommodate different types of installations or use cases and the washer 134 may be made available in different diameters).
It would have been an obvious matter of design choice to have modified the upper cylindrical portion and said lower cylindrical portion as disclosed by modified Tjerrild-1 to have an outer diameter of approximately 0.75 inch and have an outer diameter of approximately 1.50 inch, respectively, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 (IV)(A). The rationale for supporting this conclusion of obviousness is to provide various sizes to accommodate different types of installations or use cases (Tjerrild-1, Paragraph 0060).
Regarding claim 4, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 1 and further teaches wherein said lower end (138) of the elongated body (134) has an inner void area (see Fig 8, Examiner notes an inner void area of projection 136 as has an inner void area) [configured to cover (capable of covering, i.e. this is a functional recitation; see Fig 3) the molly bolt anchor head protruding from the laminated wall panel (316)].
Regarding claim 7, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 1 and further teaches wherein the bottom gasket (140) is attached (see Fig 3) to the elongated body (134) by an arrangement (see Fig 3) of a projection (see Fig 3, Examiner notes a portion of gasket 140 projecting into channel 142 as a projection) and a mating receiver (Fig 8, channel 142), wherein the projection (see Fig 3) is located (see Fig 3) on either the bottom gasket (140) or the elongated body and the mating receiver (142) is located (see Fig 8) on the other of said bottom gasket or elongated body (134).
Regarding claim 9, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 1 and further teaches wherein the bottom gasket (140) has a lower surface (see Fig 3) with a protruding ridge (see Fig 3, Examiner notes a portion of gasket 140 engaged with an outer surface of the laminate cover 316 as a protruding ridge, Paragraph 0057) of gasket material (Paragraph 0057, Examiner notes O-ring or other elastomer as gasket material).
Regarding claim 11, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 1 and further teaches wherein said non-circular shape (Bales, see Figs 3-4) of the inner sidewall (see Fig 8) comprises a plurality of flat segments (Bales, see Figs 3-4) and said non-circular outer shape (Bales, see Figs 3-4) of the grommet (144) comprises a plurality of flat outer surfaces (Bales, see Figs 3-4) that mate (Bales, see Figs 3-4) with said flat segments (Bales, see Figs 3-4) of the upper cavity (146).
Regarding claim 12, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 11 but fails to teach wherein said inner sidewall has a hexagonal sidewall arrangement and said grommet has an outer surface substantially mating with said hexagonal sidewall arrangement.
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the inner sidewall to have a hexagonal sidewall arrangement and said grommet has an outer surface substantially mating with said hexagonal sidewall arrangement as an obvious change in shape. MPEP 2144.04 (IV)(B). The rationale for supporting this conclusion of obviousness is to provide a desired shape based on application and use requirements, e.g. cost, manufacturing, assembly, etc.
Regarding claim 13, as best understood, Tjerrild-1 teaches a mounting assembly (Figs 1 and 3, assembly 100, Paragraphs 0030-0031) [for securing (see Fig 3, Paragraph 0039) a supported element (Fig 3, element 306) to a wall structure (Fig 3, wall 302)], the mounting assembly (100) comprising:
an elongated body (Fig 8, body 134) having an inner passageway (Fig 8, center 112) which extends (see Fig 8) between a first end (Fig 8, underside 138) and a second end (Fig 8, surface 145) of the body (134), said inner passageway (112) having a diameter (see Fig 8, Examiner notes a diameter of open center 112 extending through projection 136 as having a diameter) [dimensioned to receive (capable of receiving, i.e. this is a functional recitation; see Fig 3) a bolt (Fig 3, fastener 102, Paragraph 0035) through the elongated body (134) for securing (see Fig 3) the mounting assembly (100) to the wall structure (302)];
said first end (138) having a circumferential bottom gasket (Fig 3, gasket 140) comprised of compressible material (Paragraph 0057, Examiner notes O-ring or other elastomer as comprised of compressible material) surrounding (see Fig 3) the inner passageway (112), wherein said bottom gasket (140) is [configured to engage (capable of engaging, i.e. this is a functional recitation; see Fig 3) with the wall structure (302) to form a moisture seal (see Fig 3, Paragraph 0057, Examiner notes compressed to form a seal as to form a moisture seal) surrounding (see Fig 3) said inner passageway (112)]; and,
a shank gasket (see Fig 3, Paragraph 0058, Examiner notes compressible washer 144 therebetween can prevent slippage and create a tight, secure seal as a shank gasket) positioned (see Fig 3) within a cavity (Fig 8, groove 146) of said elongated body (134), said shank gasket (see Fig 3) comprising a grommet (Fig 3, washer 144) of compressible material (see Fig 3, Paragraph 0058, Examiner notes a material of compressible washer 144 as of compressible material) having a central opening (see Fig 1) aligned (see Fig 3) with said inner passageway (112), said cavity (146) having a circular inner sidewall (see Fig 11) engaged (see Figs 3 and 11) with a mating circular outer wall (see Figs 3 and 11) of said shank gasket (see Fig 3) to prevent rotation (see Fig 3, Paragraph 0058, Examiner notes compressible washer 144 therebetween can prevent slippage as to prevent rotation) of the shank gasket (see Fig 3) within the cavity (146).
Tjerrild-1 fails to teach a non-circular inner sidewall, a mating non-circular outer wall, and wherein said opening of the grommet has a diameter smaller than an immediately adjacent portion of said inner passage and [less than an outer diameter of a shank portion of the bolt when inserted through the elongated body such that the grommet surrounds and compresses against the shank portion to form a moisture seal].
However, Bales teaches it is known in the art of seals to provide a non-circular inner sidewall (see Figs 3-4, Examiner notes an inner side wall of piece 32 as a non-circular inner sidewall), a mating non-circular outer wall (see Figs 3-4, Examiner notes an outer wall of gasket 30 as a non-circular outer wall), and wherein said opening (Figs 3-4, bore 38) of the grommet (Figs 3-4, gasket 30) has a diameter smaller (see Figs 3-4, Col 4, lines 22-34, Examiner notes bore 38, which may be slightly undersized as has a diameter smaller) than an immediately adjacent portion (see Figs 3-4, Examiner notes a portion of an inner diameter of a bore extending through housing 16 as an immediately adjacent portion) of said inner passage (see Figs 3-4, Examiner notes the inner diameter of the bore extending through housing 16 as said inner passage) and [less (see Fig 3, Col 4, lines 22-34) than an outer diameter (see Figs 3-4, Examiner notes an outer diameter of wire 24 as a diameter) of a shank portion (Figs 3-4, wire 24) when inserted (see Fig 3) through the elongated body (see Fig 3, Examiner notes housing 16 with piece 32 as the elongated body) such that the grommet (30) surrounds (see Fig 3, Col 4, lines 22-34) and compresses (see Fig 3, Col 4, lines 22-34) against the shank portion (24) to form a moisture seal (see Fig 3, Col 4, lines 22-34)].
Therefore, as evidenced by Bales, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped non-circular inner sidewall, a mating non-circular outer wall, and wherein said opening of the grommet has a diameter smaller than an immediately adjacent portion of said inner passage and [less than an outer diameter of a shank portion of the bolt when inserted through the elongated body such that the grommet surrounds and compresses against the shank portion to form a moisture seal] as taught by Bales to the assembly of Tjerrild-1. The rationale for supporting this conclusion of obviousness is to optimize sealing of the assembly based on application and use requirements, e.g. providing a second seal to prevent leakage when the first seal is not being compressed (Bales, Col 2, lines 26-44).
Regarding claim 14, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 13 and further teaches wherein said first end (138) of the elongated body (134) is [configured to cover (capable of covering, i.e. this is a functional recitation; see Fig 3) a molly bolt anchor head protruding from a wall panel].
Regarding claim 15, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 13 and further teaches wherein said first end (138) of the elongated body (134) has an inner void area (see Fig 8, Examiner notes an inner void area of projection 136 as has an inner void area) that is [dimensioned to receive (capable of receiving, i.e. this is a functional recitation; see Fig 3) a molly bolt anchor head protruding from a wall].
Regarding claim 17, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 13 but fails to teach wherein said elongated body has a length that is at least one inch, [such that a support element secured to the second end (145) of the mounting assembly (100) will be positioned at least one inch from the wall structure (302)] (Paragraph 0060, Examiner notes Tjerrild-1 indicates washer assembly 106 can be made in various sizes to accommodate different types of installations or use cases).
It would have been an obvious matter of design choice to have modified said elongated body as disclosed by modified Tjerrild-1 to have a length that is at least one inch, [such that a support element secured to the second end of the mounting assembly will be positioned at least one inch from the wall structure], since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 (IV)(A). The rationale for supporting this conclusion of obviousness is to provide various sizes to accommodate different types of installations or use cases (Tjerrild-1, Paragraph 0060).
Regarding claim 18, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 13 and further teaches wherein the elongated body (134) has an outer shape (see Fig 8) comprised of a cylindrical sidewall arrangement (see Fig 8, Examiner notes a lower portion of body 134 adjacent projection 136, i.e. the lower portion of body 134 having channel 142, as comprised of a cylindrical sidewall arrangement).
Regarding claim 19, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 18 and further teaches wherein the elongated body (134) has a widened base portion (see Fig 8, Examiner notes the lower portion of body 134 adjacent projection 136, i.e. the lower portion of body 134 having channel 142, as has a widened base portion) but fails to teach an upper portion and said upper portion and said base portion being connected by a generally conical central portion.
However, Tjerrild-1 indicates in Paragraph 0058, the recess or flat groove 146 may have an outer upstanding wall with a height that is selected in order to accommodate the compressible washer 144 as well as a bottom portion of the spacer 104. Thus, Tjerrild-1 teaches an upper portion (Paragraph 0058) and said upper portion (Paragraph 0058) and said base portion (see Fig 8, Examiner notes a lower portion of body 134 adjacent projection 136, i.e. the lower portion of body 134 having channel 142, as said base portion) being connected (see Fig 8) by a generally conical central portion (see Fig 8, Examiner notes a chamfer of body 134 adjacent surface 145 as a generally conical central portion).
Therefore, as evidenced by Tjerrild-1 in Paragraph 0058, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped upper portion and said upper portion and said base portion being connected by a generally conical central portion as taught by Tjerrild-1 in Paragraph 0058 to modified Tjerrild-1. The rationale for supporting this conclusion of obviousness is to provide a groove which can accommodate the compressible washer and a bottom portion of the spacer (Tjerrild-1, Paragraph 0058).
Regarding claim 20, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 19 and further teaches wherein the upper portion (Paragraph 0058) has an outer diameter (Paragraph 0058), and said widened base portion (see Fig 8) has an outer diameter (see Fig 8) but fails to teach approximately twice said outer diameter of the upper portion. (Paragraph 0060, Examiner notes Tjerrild-1 indicates washer assembly 106 can be made in various sizes to accommodate different types of installations or use cases and the washer 134 may be made available in different diameters).
It would have been an obvious matter of design choice to have modified said widened base portion as disclosed by modified Tjerrild-1 to be approximately twice said outer diameter of the upper portion, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04 (IV)(A). The rationale for supporting this conclusion of obviousness is to provide various sizes to accommodate different types of installations or use cases (Tjerrild-1, Paragraph 0060).
Regarding claim 21, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 13 and further teaches wherein said circumferential bottom gasket (140) is comprised of a compressible ring (see Fig 1, Paragraph 0057, Examiner notes compressible gasket 140 (e.g., an O-ring or other elastomer) as comprised of a compressible ring) secured (see Fig 3) to a rigid portion (see Fig 8, Paragraph 0057, Examiner notes configured to mate with a recess, an annular groove or channel 142 formed on the underside surface 138 as a rigid portion) of said elongated body (134), said compressible ring (see Fig 1) having an inner diameter (see Fig 1) and having an outer diameter (see Fig 1).
Regarding claim 22, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 21 and further teaches wherein the compressible ring (see Fig 1) is secured (see Fig 3) to said rigid portion (see Fig 8) by an arrangement (see Fig 3) of a projection (see Fig 3, Examiner notes a portion of gasket 140 projecting into channel 142 as a projection) and a mating receiver (Fig 8, channel 142), wherein said projection (see Fig 3) is located (see Fig 3) on the compressible ring (see Fig 1) or the rigid portion and said receiver (142) is located (see Fig 3) on the other of the compressible ring or the rigid portion (see Fig 8).
Regarding claim 25, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 21 and further teaches wherein the compressible ring (see Fig 1) has a lower gasket surface (see Fig 3) with at least one circumferential projection (see Fig 3, Examiner notes a portion of gasket 140 engaged with an outer surface of the laminate cover 316 as with at least one circumferential projection).
Regarding claim 27, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 21 and further teaches wherein at least a portion (see Fig 3, Paragraph 0057) of said bottom gasket (140) is formed (Paragraph 0057) of one of a group of materials (Paragraph 0057) comprising rubber (Paragraph 0057), silicone, neoprene, nitrile, acrylic, urethane, EPDM, or PTFE.
Regarding claim 28, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of claim 13 and further teaches wherein said shank gasket (see Fig 3) is entirely formed of compressible material (see Fig 3, Paragraph 0058, Examiner notes a material of compressible washer 144 as entirely formed of compressible material).
Regarding claim 29, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 28 and further teaches wherein said inner sidewall (see Fig 11) of the cavity (146) is comprised of a linear wall segment (Bales, see Figs 3-4) and at least an extent (see Fig 3) of said grommet body (see Fig 3) has an outer shape (Bales, see Figs 3-4) defined by an outer sidewall (Bales, see Figs 3-4) that mates (Bales, see Figs 3-4) with said linear wall segment (Bales, see Figs 3-4) of said inner sidewall (see Fig 11).
Regarding claim 30, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 29 and further teaches wherein said inner sidewall (see Fig 11) of the cavity (146) is comprised of a plurality of flat wall segments (Bales, see Figs 3-4) and the outer sidewall (Bales, see Figs 3-4) of the grommet body (see Fig 3) has mating flat segments (Bales, see Figs 3-4) that engage (Bales, see Figs 3-4) with said flat wall segments (Bales, see Figs 3-4) of the cavity (146) to prevent rotation (Bales, see Figs 3-4, Col 4, lines 9-21, Examiner notes prevent rotational slippage as to prevent rotation) of the grommet body (see Fig 3) within the cavity (146).
Regarding claim 31, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 13 and further teaches wherein said inner sidewall (see Fig 11) of the cavity (146) comprises a plurality of flat segments (Bales, see Figs 3-4) and said mating outer wall (see Figs 3 and 11) of the shank gasket (see Fig 3) has a plurality of flat outer surfaces (Bales, see Figs 3-4) in mating engagement (Bales, see Figs 3-4) with said flat segments (Bales, see Figs 3-4) of the cavity (146).
Regarding claim 32, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 31 and further teaches wherein said cavity (146) has a sidewall arrangement (Bales, see Figs 3-4) and said shank gasket (see Fig 3) has an outer shape (Bales, see Figs 3-4).
Modified Tjerrild-1 fails to teach a hexagonal sidewall arrangement and an outer hexagonal shape.
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify said cavity to have a hexagonal sidewall arrangement and said shank gasket has an outer hexagonal shape as an obvious change in shape. MPEP 2144.04 (IV)(B). The rationale for supporting this conclusion of obviousness is to provide a desired shape based on application and use requirements, e.g. cost, manufacturing, assembly, etc.
Claim(s) 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tjerrild-1, in view of Bales and Tjerrild (US20200378427A1), hereinafter "Tjerrild-2".
Regarding claim 23, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 21 and further teaches wherein the compressible ring (see Fig 1) has a lower gasket surface (see Fig 3) and an upper surface (see Fig 3) but fails to teach said upper surface has at least one recess configured to receive a mating projection of an adjacent rigid portion of the elongated body.
However, Tjerrild-2 teaches it is known to provide said upper surface (see Fig 19B, Examiner notes an upper surface of gasket 750 having projections engaged with washer assembly 734 as said upper surface) has at least one recess (see Fig 19B) configured to receive (capable of receiving, i.e. this is a functional recitation; see Fig 19B, Paragraph 0120) a mating projection (see Fig 19B, Examiner notes projections of washer assembly 734 projecting into gasket 750 as a mating projection, Paragraph 0120) of an adjacent rigid portion (see Fig 19B) of the elongated body (Fig 19B, washer assembly 734).
Therefore, as evidenced by Tjerrild-2, 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 compressible ring and the elongated body of modified Tjerrild-1 with an adequately sized and shaped upper surface having at least one recess configured to receive a mating projection of an adjacent rigid portion of the elongated body as taught by Tjerrild-2. The rationale for supporting this conclusion of obviousness is to provide an alternative gasket geometry based on application and use requirements.
Regarding claim 24, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 23 and further teaches wherein said at least one recess (Tjerrild-2, see Fig 19B) includes a circumferential groove (Tjerrild-2, see Figs 19B and 23) in the compressible ring (see Fig 1) which is configured to receive (capable of receiving, i.e. this is a functional recitation; see Fig 19B, Paragraph 0120) a mating circumferential projection (Tjerrild-2, see Fig 19B, Examiner notes the projections of washer assembly 734 projecting into gasket 750 as a mating circumferential projection) of said adjacent rigid portion (Tjerrild-2, see Fig 19B).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tjerrild-1, in view of Bales and Stoll et al. (US6173969B1), hereinafter "Stoll".
Regarding claim 26, as best understood, modified Tjerrild-1 teaches the mounting assembly (100) of Claim 25 but fails to teach wherein said at least one circumferential projection of the lower gasket surface comprises an outer projection of gasket material located at an outer edge of the circumferential bottom gasket and an inner projection located at an inner edge of the circumferential bottom gasket.
However, Stoll teaches it is known to provide wherein said at least one circumferential projection (Fig 3, first sealing section 13) of the lower gasket surface (see Fig 3, Examiner notes a surface of sealing ring 12 adjacent first component 1 as the lower gasket surface) comprises an outer projection (Fig 3, projection 22’) of gasket material (Col 4, lines 4-26, Examiner notes thermoplastic synthetic resin as gasket material) located (see Fig 3) at an outer edge (see Fig 3) of the circumferential bottom gasket (Fig 3, sealing ring 12) and an inner projection (Fig 3, projection 22’’) located (see Fig 3) at an inner edge (see Fig 3) of the circumferential bottom gasket (12).
Therefore, as evidenced by Stoll, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify said at least one circumferential projection of the lower gasket surface of modified Tjerrild-1 to comprise an outer projection of gasket material located at the outer edge of the gasket and an inner projection located at an inner edge of the gasket as taught by Stoll. The rationale for supporting this conclusion of obviousness is to provide several such axial projections to achieve a sealing effect akin to that of a labyrinth seal (Stoll, Col 5, lines 8-15).
Claim(s) 33-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hennon (US20180038518A1), hereinafter "Hennon", in view of Tjerrild-1 and Bales.
Regarding claim 33, as best understood, Hennon teaches a method (see Fig 6, Paragraph 0021) of securing a support element (see Fig 6, Paragraph 0021, Examiner notes securing said block style pipe and tube hangers for embracement with a diameter of a pipe or tube as securing a support element) to a molly bolt anchor (Fig 6, toggle bolt assembly 40) installed (see Fig 6, Paragraph 0044-0045) in a wall structure (Fig 6, panel 51, Paragraph 0044-0045) wherein the molly bolt anchor (40) has a threaded opening (Fig 2, internal bore 58, Paragraph 0044-0045), the method (see Fig 6) comprising the steps (Paragraph 0021) of:
providing (see Fig 6, Paragraph 0044-0045) a mounting assembly (Fig 4, anchor bracket 40) having an elongated body (Fig 4, pedestal 62) with an inner passageway (see Fig 5, Paragraph 0044-0045, Examiner notes pedestal 62 is hollow as an inner passageway) extending (see Fig 5) between a first end (see Fig 4, Examiner notes a lower end of pedestal 62 as a first end) and a second end (see Fig 4, Examiner notes an upper end of pedestal 62 as a second end) of the body (62), said inner passageway (see Fig 5) having a diameter (see Fig 5) dimensioned to receive a bolt (see Fig 6, Paragraph 0044-0045, Examiner notes threaded fasteners 75 would then be inserted as dimensioned to receive a bolt) through the elongated body (62) for securing (see Fig 6, Examiner notes support plate 60 is now secured to the panel as for securing) the mounting assembly (60) to the anchor (40) in the wall structure (51) and said first end (see Fig 4) comprises a bottom void area (Fig 5, cavity 72) surrounded (see Figs 5-6) by a bottom gasket (Fig 6, sealing pad 79);
positioning (see Fig 6, Paragraph 0044-0045) said mounting assembly (60) over the threaded opening (58) of the molly bolt anchor (40), such that the void area (72) covers (see Fig 6, Paragraph 0044-0045) a top (see Fig 6, Paragraph 0044-0045) of the molly bolt anchor (40) and said bottom gasket (79) is engaged (see Fig 6, Paragraph 0044-0045, Examiner notes effectuate a seal between the pedestals and the panel as engaged) with a surface (see Fig 6, Paragraph 0044-0045) of the wall structure (51);
inserting (see Fig 6, Paragraph 0044-0045) a threaded bolt (Fig 6, threaded fasteners 75) into said inner passageway (see Fig 5) of the elongated body (62), wherein the threaded bolt (75) passes (see Fig 6, Paragraphs 0044-0045) though the body (62) and said bolt (75) is threaded (see Fig 6, Paragraph 0044-0045) into the threaded opening (58) of the molly bolt anchor (40); and
tightening (see Fig 6, Paragraph 0044-0045) the threaded bolt (75) into the threaded opening (58) to force (see Fig 6, Paragraph 0044-0045) the bottom gasket (79) against the wall structure (51) such that the bottom gasket (79) is compressed (see Fig 6, Paragraph 0044-0045) against the wall (51) to form a moisture seal (see Fig 6, Paragraph 0044-0045, Examiner notes effectuate a seal between the pedestals and the panel and completely encapsulate and protect the hex head and sealing washer of the toggle bolt as to form a moisture seal) surrounding (see Fig 6, Paragraph 0044-0045) the threaded opening (58) of the molly bolt anchor (40).
Hennon fails to teach providing an upper gasket of compressible material positioned at an upper portion of the elongated body, said upper gasket having a central opening with a diameter less than said inner passageway and the bolt when inserted into the inner passageway, such that the upper gasket surrounds and compresses against the shank portion of the bolt to block moisture from entering into the inner passageway of the elongated body; and wherein the threaded bolt passes though the body and the central opening of the upper gasket.
However, Tjerrild-1 teaches it is known to provide (see Fig 3) an upper gasket (Fig 3, washer 144) of compressible material (see Fig 3, Paragraph 0058, Examiner notes a material of compressible washer 144 as of compressible material) positioned (see Fig 3) at an upper portion (Fig 8, groove 146) of the elongated body (Fig 8, body 134), said upper gasket (144) having a central opening (see Fig 1) and wherein the threaded bolt (Fig 3, fastener 102, Paragraph 0035) passes (see Fig 3) though the body (134) and the central opening (see Fig 1) of the upper gasket (144).
Therefore, as evidenced by Tjerrild-1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine providing an adequately sized and shaped upper gasket of compressible material positioned at an upper portion of the elongated body, said upper gasket having a central opening and wherein the threaded bolt passes though the body and the central opening of the upper gasket as taught by Tjerrild-1 to Hennon. The rationale for supporting this conclusion of obviousness is to improve sealing of the anchor bracket by providing additional sealing points at unsealed interfaces.
Hennon, in view of Tjerrild-1 fails to teach said upper gasket having a central opening with a diameter less than said inner passageway and the bolt when inserted into the inner passageway, such that the upper gasket surrounds and compresses against the shank portion of the bolt to block moisture from entering into the inner passageway of the elongated body.
However, Bales teaches it is known in the art of seals to provide said upper gasket (Figs 3-4, gasket 30) having a central opening (Figs 3-4, bore 38) with a diameter less (see Figs 3-4, Col 4, lines 22-34, Examiner notes bore 38, which may be slightly undersized as with a diameter less) than said inner passageway (see Figs 3-4, Examiner notes a bore extending through housing 16 as said inner passageway) and the bolt (see Fig 3, Examiner notes wire 24 as the bolt) when inserted (see Fig 3) into the inner passageway (see Figs 3-4), such that the upper gasket (30) surrounds (see Fig 3, Col 4, lines 22-34) and compresses (see Fig 3, Col 4, lines 22-34) against the shank portion (Fig 3, wire 24) to block moisture (see Fig 3, Col 4, lines 22-34) from entering (see Fig 3, Col 4, lines 22-34) into the inner passageway (see Figs 3-4) of the elongated body (see Fig 3, Examiner notes housing 16 with piece 32 as the elongated body).
Therefore, as evidenced by Bales, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine an adequately sized and shaped upper gasket having a central opening with a diameter less than said inner passageway and the bolt when inserted into the inner passageway, such that the upper gasket surrounds and compresses against the shank portion to block moisture from entering into the inner passageway of the elongated body as taught by Bales to the assembly of modified Hennon. The rationale for supporting this conclusion of obviousness is to optimize sealing of the assembly based on application and use requirements, e.g. providing a second seal to prevent leakage when the first seal is not being compressed (Bales, Col 2, lines 26-44).
Regarding claim 34, as best understood, modified Hennon teaches the method (see Fig 6) of Claim 33 and further teaches wherein the method (see Fig 6) further comprises the steps (Paragraph 0021) of
said step (Tjerrild-1, see Fig 3) of providing (Tjerrild-1, see Fig 3) the upper gasket (144) includes inserting (Tjerrild-1, see Fig 3) a shank gasket (Tjerrild-1, see Fig 3, Paragraph 0058, Examiner notes compressible washer 144 as a shank gasket) at least partially (Tjerrild-1, see Fig 3) within the inner passageway (see Fig 5) at said second end (see Fig 4) of the elongated body (62), the shank gasket (Tjerrild-1, see Fig 3) having a non-circular outer shape (Bales, see Figs 3-4) that mates (Bales, see Figs 3-4) with a non-circular inner sidewall shape (Bales, see Figs 3-4) of the inner passageway (see Fig 5) to prevent rotation (Bales, see Figs 3-4, Col 4, lines 9-21, Examiner notes prevent rotational slippage as to prevent rotation) of the upper gasket (144); and,
said step (see Fig 6) of inserting (see Fig 6) the threaded bolt (75) into the inner passageway (see Fig 5) includes the step (Tjerrild-1, see Fig 3) of forcing (Tjerrild-1, see Fig 3) the threaded bolt (75) through the shank gasket (Tjerrild-1, see Fig 3) to thread (see Fig 6, Paragraph 0044-0045) the bolt (75) to the wall anchor (40) by rotation (see Fig 6, Paragraph 0044-0045) of the bolt (75) without rotation (Bales, see Figs 3-4) of the shank gasket (Tjerrild-1, see Fig 3).
Regarding claim 35, as best understood, modified Hennon teaches the method (see Fig 6) of Claim 34 and further teaches wherein the step (Tjerrild-1, see Fig 3) of inserting (Tjerrild-1, see Fig 3) said shank gasket (Tjerrild-1, see Fig 3) within said second end (see Fig 4) of the elongated body (62) to prevent rotation (Bales, see Figs 3-4) of said shank gasket (Tjerrild-1, see Fig 3) includes aligning (Tjerrild-1, see Fig 3) an outer sidewall arrangement (Bales, see Figs 3-4) of the shank gasket (Tjerrild-1, see Fig 3) to substantially mate (Bales, see Figs 3-4) with an inner sidewall arrangement (Bales, see Figs 3-4) of said inner passageway (see Fig 5).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13, and 33 have been considered but are moot because the new ground of rejection does not rely on any teaching or matter specifically challenged in the argument.
Conclusion
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/J.W./Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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