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 .
This is a non-final Office Action for serial number 18/065,277, Portable And Variable Directional Mounting Device, Method And System, filed on December 13, 2022.
Election/Restrictions
Applicant's election with traverse of Species 5 which includes claims 1-11, 13, 14, 16, and 17. in the reply filed on January 27, 2025 is acknowledged. The traversal is on the ground(s) that all the figures and claims in the application provide mounting devices and have the same classification. This is not found persuasive because there are different embodiments and applicant can only choose one embodiment for this prosecution.
The requirement is still deemed proper and is therefore made FINAL.
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 1-7 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.
Claim 2 recites the limitation "the centroid" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the plane" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the direction" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the traversing path" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the centroid" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the same general direction" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 13-14, 16-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. 2024/0183686 to Hedeen et al. (Hedeen).
Regarding claim 1, Hedeen ‘686 disclsoes a device (10) comprising of a channel (hole), an actuator (18 inside) and a fastener (30).
Regarding claim 2, Hedeen ‘686 discloses wherein the channel traverse the centroid of the actuator.
Regarding claim 3, Hedeen ‘686 discloses wherein the actuator has a mounting surface (see Fig. 2 – (18) surface).
Regarding claim 4, see 112 rejections above, Hedeen ‘686 discloses wherein the plane of the mounting surface is parallel to the direction of the traversing path of the channel.
Regarding claim 5, Hedeen ‘686 discloses wherein the mounting surface is configured to accept a pinning mechanism.
Regarding claim 6, Hedeen ‘686 discloses when the mounting surface is configured with a screw hole and the pinning mechanism is a screw.
Regarding claim 13, Hedeen ‘686 discloses a system (82 of the magnetic section 18) comprising an actuator (88 – inside), at least one mounting surface (18 – surface in Fig. 6), fastener (138), and at least one pinning mechanism (142), wherein the actuator further comprises a channel (104), wherein the channel traversing the centroid of the actuator.
Regarding claim 14, Hedeen ‘686 discloses wherein the pinning mechanism is a screw (142).
Regarding claim 16, Hedeen ‘686 discloses multiple channels (104, 106).
Regarding claim 17, Hedeen ‘686 discloses wherein the multiple channels all traverse the same general direction.
Claim Rejections - 35 USC § 103
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) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hedeen ‘686 in view of U.S. Patent No. 10,663,089 to Sylvester.
Hedeen ‘686 fails to disclose wherein the fastener is a thin flexible strap with notched surface and locking mechanism attached to one of the ends of the strap. Nevertheless, Sylvester ‘089 discloses a mounting bracket with several fasteners, each fastener is a thin flexible strap with a notched surface and a locking mechanism. Accordingly, 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 device of Hedeen ‘686 to include the mounting bracket with several fasteners (cable tie) because one would have motivation to provide holding means to hold multiple cables as taught by Sylvester ‘089.
Claim(s) 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Hedeen ‘686.
Concerning method claim 8-11, in view of the structure discloses by Hedeen ‘686, the method for holding a planer object would have been obvious, since it is the normal and logical manner in which the device would be used. If a prior art device, in its normal and usual operation, would be necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 9,004,417 – fastening device with cable ties
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/TODD M EPPS/ Primary Examiner, Art Unit 3632 April 4, 2025