DETAILED ACTION
This is a final Office action in response to the amendment filed 01/07/2026.
Status of Claims
Claims 17-22 are pending;
Claims 1-16, 23, and 24 have been cancelled; claims 17 and 19 are currently amended; claim 18 is original; claims 20-22 were previously presented;
Claims 17-22 are rejected herein.
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 .
Response to Arguments
Applicant's arguments with respect to the prior art rejections have been fully considered but are moot in view of the new ground(s) of rejection set forth below in the current Office action. Note that the new ground(s) of rejection is necessitated by Applicant's amendments to the claims.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "a plane that is substantially parallel to the first plate" (claim 1, lines 8 and 9) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendments to the specification filed 01/07/2026 are objected to because of the following informalities:
Paragraph [0013], line 2, "the stationary plate" appears to be --the plate--.
Paragraph [0013], line 7, "the stationary plate" appears to be --the plate--.
Appropriate correction is required.
Claim Objections
Claims 17, 19, and 21 are objected to because of the following informalities:
Claim 17, lines 3 and 4, it is suggested that "first and second side walls" be changed to --a first side wall, a second side wall--.
Claim 17, line 8, it is suggested that "the first opening" be changed to --the first opening in the first side wall--.
Claim 19, line 2, it is suggested that "the side walls" be changed to --the first and second side walls--.
Claim 21, line 3, it is suggested that "the side walls" be changed to --the first and second side walls--.
Claim 21, line 5, it is suggested that "the side walls" be changed to --the first and second side walls--.
Appropriate correction is required.
Claim Interpretation
Regarding claim 1, the limitation "first and second side walls" in lines 3 and 4 are considered as --a first side wall and a second side wall--, since claim 1 further recites the limitation "the first side wall" in line 7 and the limitation "the second side wall" in lines 7 and 8.
Regarding claim 1, the limitation "the first opening" in line 8 is considered as --the first opening in the first side wall--, since claim 1 recites the limitation "a first opening in the first side wall" in lines 6 and 7.
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 17-22 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.
Regarding claim 17, the limitations "the hanger member defining a top wall, a bottom wall, first and second side walls, and a first fastener opening formed through the top wall and the bottom wall" in claim 17 (lines 3-5) are indefinite. As shown in Figure 16, the first fastener opening (551) appears to be formed only through the bottom wall (583). It is not clear as to how the first fastener opening (551) can be reasonably considered as being formed also through the top wall (581). As best understood, the hanger member appears to further define an additional fastener opening formed through the top wall (581) and substantially vertically aligned with the first fastener opening (551), such that the rod (554) extends through the additional fastener opening formed through the top wall (581) and the first fastener opening (551) formed through the bottom wall (583). Also see the annotated Figure 16 below. Note that claim 17 similarly describes the openings of the two sidewalls (579, 580), e.g., "a bracket bar that extends through a first opening in the first side wall and through a second opening in the second side wall" in lines 6-8. For the purpose of examination, the instant limitations in claim 17 (lines 3-5) are considered as --the hanger member defining a top wall, a bottom wall, a first side wall, a second side wall, a first fastener opening formed through the top wall, and a second fastener opening formed through the bottom wall and substantially vertically aligned with the first fastener opening--, with the limitation "a second fastener opening" in claim 18 (lines 1 and 2) considered as --a third fastener opening--, and with the limitation "the second fastener opening" in claim 18 (lines 2 and 3) considered as --the third fastener opening--. Appropriate correction is required.
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[AltContent: connector]
[AltContent: connector]
[AltContent: textbox (Additional Fastener Opening Formed Through Top Wall (581))]
[AltContent: textbox (First Fastener Opening (551) Formed Through Bottom Wall (583))]
Regarding claim 17, the limitations "the first opening is in a plane that is substantially parallel to the first plate" in claim 17 (lines 8 and 9) are indefinite. As similarly mentioned in the Office action mailed 10/01/2025, it is not clear as to how the first opening, i.e., the first opening of the first side wall (579 or 580), is "in a plane that is substantially parallel to the first plate" as claimed. "As shown, the bracket assembly 512 may include a first plate 523 oriented perpendicular, or substantially perpendicular, to the bracket bar 514" (specification, paragraph 0074, lines 5-7). As shown in Figures 14 and 16, the first opening of the first side wall (579 or 580) appears to be oriented in a plane, which is substantially parallel to certain structural components of the first plate (523), e.g., the first side wall (579), the second side wall (580), and the middle segment extending from the first end (524) and the second end (525), and also substantially parallel to certain structural components of the first plate (523), e.g., the top wall (581) and the bottom wall (583). Also see the annotated Figure 14 below. Which particular structural component(s) of the first plate (523) is referred to when claim 17 recites "a plane that is substantially parallel to the first plate" in claim 17 (lines 8 and 9)? Appropriate correction is required.
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[AltContent: textbox (Opening in Side Wall (579))][AltContent: connector][AltContent: connector]
[AltContent: textbox (Opening in Side Wall (580))]
[AltContent: connector]
[AltContent: textbox (Middle Segment of First Plate (523))]
Regarding claim 22, the limitation "a top wall" in claim 22 (line 2) is indefinite. It is not clear as to whether the limitation "a top wall" in claim 22 (line 2) and the limitation "a top wall" in claim 17 (line 3) refer to the same top wall of the hanger member or different top walls of the hanger members. For the purpose of examination, the limitation "a top wall" in claim 22 (line 2) is considered as --the top wall--. Appropriate correction is required.
Claims 18-21 are rejected as being dependent from a rejected claim.
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 17 and 19-22, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Chong (US 10,173,088 B2) in view of Silcox et al. (US 8,413,734 B2), hereinafter Silcox, and Farley et al. (US 6,033,363), hereinafter Farley.
Regarding claim 17, Chong discloses a bracket assembly (330, fig 4) comprising: a first plate (3301, 3302, 3310, fig 4) having a first end (3310a, fig 4, see annotation, the upper end of the connecting portion 3310) and a second end (3310b, fig 4, see annotation, the lower end of the connecting portion 3310), the first plate defining a hanger member (3301, fig 4) at the first end (see Figure 4), the hanger member defining a top wall (3307, fig 4), a bottom wall (3308, fig 4), first and second side walls (3304, 3305, fig 4), and a first fastener opening (3307a, 3308a, fig 4, see annotation, see col 5, lines 15-22, the first fastener opening including the hole 3307a in the top wall 3307 and the hole 3308a in the bottom wall 3308) formed through the top wall and the bottom wall (see Figure 4, see col 5, lines 15-22), the hanger member configured to receive a bracket bar (320, fig 1A) that extends through a first opening (3306, fig 4) in the first side wall and through a second opening (3306, fig 4) in the second side wall (see Figures 1A and 4, see col 5, lines 15-22), wherein the first opening is in a plane that is substantially parallel to the first plate (see Figures 3 and 4); and a fastener assembly (3309, fig 4) coupling the bracket bar to the first plate (see Figures 1A and 4), the fastener assembly comprising a rod (3309, fig 4), the rod extending through the top wall of the hanger member and the bottom wall of the hanger member (see Figures 3 and 4, see col 5, lines 15-22) and engaging the first plate (see Figures 3 and 4, see col 5, lines 15-22).
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[AltContent: textbox (3308a – Hole)][AltContent: arrow][AltContent: textbox (3310a – First End)][AltContent: arrow][AltContent: textbox (3307a – Hole)][AltContent: arrow]
[AltContent: arrow]
[AltContent: textbox (3310b – Second End)]
Chong does not disclose the bracket assembly comprising: (1) a second plate rotatable relative to the first plate; (2) a lever assembly movably coupling the first plate to the second plate, the lever assembly comprising a lever and a rod, the rod extending through the top wall of the hanger member and the bottom wall of the hanger member and engaging the second plate.
With respect to the limitations (1) above, Silcox teaches a bracket assembly (302, fig 3) comprising: a first plate (305, 320, 404, fig 4, also see Figure 3); a second plate (406, fig 4) rotatable relative to the first plate (see Figures 5a and 5b); and a coupling assembly (408, fig 4) movably coupling the first plate to the second plate (see Figures 5a and 5b).
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Chong and Silcox are analogous art because they are at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the bracket assembly (Chong: 330, fig 4) with a second plate (Silcox: 406, fig 4) rotatable relative to the first plate (Chong: 3301, 3302, 3310, fig 4; Silcox: see Figures 5a and 5b) and with a coupling assembly (Silcox: 408, fig 4) movably coupling the first plate to the second plate (Silcox: see Figures 5a and 5b), as taught by Silcox, with a reasonable expectation of success. The motivation would have been to allow the bracket assembly (Chong: 330, fig 4) to be conveniently, releasably, and adjustably coupled to the T-bar (Chong: 340, fig 1A) without the need to nail the bracket assembly to the T-bar.
With respect to the missing limitations (2) above, Farley teaches a bracket assembly (21, fig 3) comprising: a hanger set (52, 54, fig 3) defining a top member (52, fig 3), a bottom member (54, fig 3), and a first fastener opening (52a, 54a, fig 3, see annotation, the first fastener opening including the hole 52a in the top member 52 and the hole 54a in the bottom member 54) formed through the top member and the bottom member (see Figure 3); and a lever assembly (56, 58, fig 3) coupling a wedge member (60, fig 3) to the hanger set (see Figure 3), the lever assembly comprising a lever (58, fig 3) and a rod (56, fig 3), the rod extending through the top member of the hanger set and the bottom member of the hanger set (see Figure 3).
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[AltContent: arrow]
[AltContent: textbox (Free End)]
[AltContent: textbox (54a – Hole)]
[AltContent: arrow][AltContent: textbox (Cam Surface)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First Rod End)]
[AltContent: textbox (52a – Hole)]
[AltContent: arrow]
[AltContent: arrow][AltContent: textbox (Second Rod End)]
Farley is analogous art because it is at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to couple the bracket bar (Chong: 320, fig 1A) to the first plate (Chong: 3301, 3302, 3310, fig 4) with a lever assembly (Farley: 56, 58, fig 3), the lever assembly comprising a lever (Farley: 58, fig 3) and a rod (Farley: 56, fig 3), the rod extending through the top wall (Chong: 3307, fig 4) of the hanger member (Chong: 3301, fig 4) and the bottom wall (Chong: 3308, fig 4) of the hanger member (Farley: see Figure 3; Chong: see Figure 4), as taught by Farley, with a reasonable expectation of success. The motivation would have been to allow the first plate (Chong: 3301, 3302, 3310, fig 4) of the bracket assembly (Chong: 330, fig 4) to be formed without the need to additionally form threaded holes. Therefore, it would have been obvious to combine Chong, Silcox, and Farley to obtain the invention as specified in claim 17.
Accordingly, Chong, as modified by Silcox and Farley with respect to claim 17, teaches a bracket assembly (Chong: 330, fig 4) comprising: a first plate (Chong: 3301, 3302, 3310, fig 4) having a first end (Chong: 3310a, fig 4, see annotation, the upper end of the connecting portion 3310) and a second end (Chong: 3310b, fig 4, see annotation, the lower end of the connecting portion 3310), the first plate defining a hanger member (Chong: 3301, fig 4) at the first end (Chong: see Figure 4), the hanger member defining a top wall (Chong: 3307, fig 4), a bottom wall (Chong: 3308, fig 4), first and second side walls (Chong: 3304, 3305, fig 4), and a first fastener opening (Chong: 3307a, 3308a, fig 4, see annotation, see col 5, lines 15-22, the first fastener opening including the hole 3307a in the top wall 3307 and the hole 3308a in the bottom wall 3308) formed through the top wall and the bottom wall (Chong: see Figure 4, see col 5, lines 15-22), the hanger member configured to receive a bracket bar (Chong: 320, fig 1A) that extends through a first opening (Chong: 3306, fig 4) in the first side wall and through a second opening (Chong: 3306, fig 4) in the second side wall (Chong: see Figures 1A and 4, see col 5, lines 15-22), wherein the first opening is in a plane that is substantially parallel to the first plate (Chong: see Figures 3 and 4); a second plate (Silcox: 406, fig 4) rotatable relative to the first plate (Silcox: see Figures 5a and 5b; Chong: see Figures 1A, 3, and 4); and a lever assembly (Chong: 3309, fig 4, as modified by, Farley: 56, 58, fig 3) movably coupling the first plate to the second plate (Farley: see Figure 3; Chong: see Figure 4; Silcox: see Figures 4, 5a, and 5b; e.g., the lever assembly 56, 58 of Farley movably couples the bottom wall 3308 of the hanger member 3301 of the first plate 3301, 3302, 3310 of Chong to the second plate 406 of Silcox via the actuation of the lever 58 of Farley), the lever assembly comprising a lever (Farley: 58, fig 3) and a rod (Farley: 56, fig 3), the rod extending through the top wall of the hanger member and the bottom wall of the hanger member (Farley: see Figure 3; Chong: see Figure 4) and engaging the second plate (Farley: see Figure 3; Chong: see Figure 4; Silcox: see Figures 4, 5a, and 5b; e.g., the rod 56 of Farley engages the second plate 406 of Silcox via the first plate 3301, 3302, 3310 of Chong).
Regarding claim 19, wherein the rod is oriented substantially parallel to the side walls of the hanger member defined by the first plate (Farley: see Figure 3; Chong: see Figure 4).
Regarding claim 20, wherein the rod defines a first rod end and a second rod end (Farley: see Figure 3, also see the annotation above), the first rod end disposed proximate to the first fastener opening (Farley: see Figure 3; Chong: see Figure 4), the lever pivotably coupled to the first rod end (Farley: see Figure 3).
Regarding claim 21, wherein the lever is pivotable between a first position and a second position (Farley: see Figure 3), and wherein, in the first position, the rod is raised in an upward direction parallel to the side walls of the hanger member defined by the first plate (Farley: see Figure 3; Chong: see Figure 4), and in the second position, the rod is lowered in a downward direction parallel to the side walls of the hanger member defined by the first plate (Farley: see Figure 3; Chong: see Figure 4).
Regarding claim 22, wherein the lever comprises a free end and a cam surface (Farley: see Figure 3, also see the annotation above), the cam surface engaging a top wall (Chong: 3307, fig 4) of the hanger member (Farley: see Figure 3; Chong: see Figure 4), the free end of the lever pivotable relative to the first plate to raise and lower the rod (Farley: see Figure 3; Chong: see Figure 4).
Allowable Subject Matter
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631