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 § 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) 1-3, 6-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Stickles (US 6690802 B2, hereinafter “Stickles”) in view of Kyle Martin Tech (YouTube Title: NEW GoPro Handlebar and Large Tube Mount, hereinafter “Martin”).
Regarding claim 1, Stickles teaches a speaker system comprising: a speaker (see Fig. 1: speaker box 1, high frequency speakers 3);
and a mounting bracket comprising (see Figs. 1-4: mounted by adjustable mechanism 9):
a cleat configured to be mounted to the speaker in a plurality of mounting positions (see Figs. 3-4: mounted by support pins or members 37 between the plate member 11);
and the clamp including end portions and a connecting portion, the end portions spaced apart from each other and engaging the cleat (see Fig. 4: end and connecting portions following a fixedly attached C-clamp 13),
the connecting portion disposed between the end portions and configured to receive a support bar. (see Fig. 2: connecting portion between the end portions and configured to engage a sports bar 2).
Stickles is silent to a clamp configured to slide relative to the cleat among a plurality of positions.
However, Martin teaches a clamp configured to slide relative to the cleat among a plurality of positions. (see page 1-2 or timestamp 4:29: a Tube mount for a camera: a cleat is mounted on a camera; a clamp contains a groove (or access slot). The cleat of the camera can slide into the groove of the clamp so that the camera can be mounted on the crossbar (or tube) )
Stickles and Martin are considered to be analogous to the claimed invention because both are in the field of clamping systems applied to a vehicle crossbar clamp. It would have been obvious that such mechanical structure of Martin could have been used to modify the mechanical structure of a speaker. It would have been obvious to one of ordinary skill in the art to have chosen to apply the broad teachings of Martin to Stickles in order to securely and freely fastening or mounting a clamp onto a crossbar-to-vehicle in a plurality of positions. Moreover, the concept of a clamp slidably engaging a cleat reflects a common and well-understood mechanical principle and this approach can be found in mechanical applications (e.g., bar clamps, adjustable brackets, mounting systems, or rack attachments).
Regarding claim 2, Stickles teaches wherein the cleat extends parallel to a length of the speaker in one mounting position of the plurality of mounting positions. (see Figs. 3-4, 8: cleat extends parallel to the speaker in a plurality of mounting positions, from F to V).
Regarding claim 3, Stickles teaches wherein the cleat is angled relative to a length of the speaker in one mounting position of the plurality of mounting positions. (see Figs. 3-4, 8: cleat is angled relative to the speaker in a plurality of mounting positions, from F to V).
Regarding claim 6, Stickles teaches a fastener extending through the cleat and configured to extend at least partially through the speaker, the fastener engages the cleat in a loose position in which the cleat is rotatable relative to the speaker and in a tightened position in which the cleat is inhibited from rotating relative to the speaker. (see Figs. 3-6, Column 3, line 33-66: detents 25 are engageable and disengage-able to be rotated relative to the speaker and with the respective of plate member 11).
Regarding claim 7, Stickles teaches wherein the cleat is rotatable about the fastener when the fastener is in the loose position. (see Figs. 3-6, Column 3, line 11-66: detents 25 are withdrawn and the rotation will move support members 37 respective to the plate member 11).
Regarding claim 8, Stickles teaches wherein the cleat is rotatable 360 degrees when the fastener is in the loose position. (see Fig. 12, Column 5, line 20-45: pivotal movement about a vertical axis 59).
Regarding claim 9, Stickles teaches wherein the cleat includes an upper surface, a lower surface, and a slot, the slot is located between the upper surface and the lower surface and extends along a length of the cleat. (see Fig. 6: support member 37 includes a fixed plate member 11 between the upper and lower surface).
Regarding claim 10, Stickles teaches a clamp fastener extending through the end portions of the clamp and through the slot of the cleat, the clamp fastener engages the clamp in a loose state in which the clamp (see Fig. 6, Column 3, line 33-55: handles 31 are squeezed together in the direction of arrows 35, sliding the rods 15 together and disengages the detents 25).
Stickles is silent to a clamp is slidable.
However, Martin teaches a clamp is slidable. (see page 1-2 or timestamp 4:29: a Tube mount for a camera: a cleat is mounted on a camera; a clamp contains a groove (or access slot). The cleat of the camera can slide into the groove of the clamp so that the camera can be mounted on the crossbar (or tube) )
Stickles and Martin are considered to be analogous to the claimed invention because both are in the field of clamping systems applied to a vehicle crossbar clamp. It would have been obvious that such mechanical structure of Martin could have been used to modify the mechanical structure of a speaker. It would have been obvious to one of ordinary skill in the art to have chosen to apply the broad teachings of Martin to Stickles in order to securely and freely fastening or mounting a clamp onto a crossbar-to-vehicle in a plurality of positions. Moreover, the concept of a clamp slidably engaging a cleat reflects a common and well-understood mechanical principle and this approach can be found in mechanical applications (e.g., bar clamps, adjustable brackets, mounting systems, or rack attachments).
Regarding claim 11, Stickles teaches a cleat fastener extending through the cleat and configured to extend at least partially through the speaker, the cleat fastener engages the cleat in a loose position in which the cleat is rotatable relative to the speaker and in a tightened position in which the cleat is inhibited from rotating relative to the speaker, the cleat fastener extending perpendicular to the clamp fastener. (see Figs. 3-6, Column 3, line 33-66: detents 25 are engageable and disengage-able to be rotated relative to the speaker and with the respective of plate member 11).
Regarding claim 12, Stickles teaches wherein the end portions of the clamp are perpendicular to a top surface of the speaker and the connecting portion of the clamp is arcuate. (see Fig. 4: plate member II is perpendicular to the top surface of the speaker, and connection portion is arcuate).
Regarding claim 13, the claimed limitations are directly corresponding to claim 1; therefore, is rejected for the significant similar reasons as claim 1 as discussed above.
Regarding claim 14, Stickles teaches wherein one mounting bracket of the pair of mounting brackets is mounted proximate a first end of the speaker and the other mounting bracket of the pair of mounting brackets is mounted proximate a second end of the speaker that is opposite the first end. (see Fig. 1-4: mounted by adjustable mechanism 9 is mounted by support pins or members 37 on respective rods on each side of the speaker box 1).
Regarding claim 15, Stickles teaches wherein the connecting portion of each clamp is arcuate. (see Fig. 4: following the plate member II, the connection portion is arcuate).
Regarding claim 18, Stickles teaches a pair of clamp fasteners, each clamp fastener extending through the end portions of the clamp of a respective mounting bracket of the pair of mounting brackets and through the slot of the cleat of the respective mounting bracket of the pair of mounting brackets, the clamp fastener engages the clamp in a loose state in which the clamp (see Fig. 6, Column 3, line 33-55: handles 31 are squeezed together in the direction of arrows 35, sliding the rods 15 together and disengages the detents 25).
Stickles is silent to a clamp is slidable.
However, Martin teaches a clamp is slidable. (see page 1-2 or timestamp 4:29: a Tube mount for a camera: a cleat is mounted on a camera; a clamp contains a groove (or access slot). The cleat of the camera can slide into the groove of the clamp so that the camera can be mounted on the crossbar (or tube) )
Stickles and Martin are considered to be analogous to the claimed invention because both are in the field of clamping systems applied to a vehicle crossbar clamp. It would have been obvious that such mechanical structure of Martin could have been used to modify the mechanical structure of a speaker. It would have been obvious to one of ordinary skill in the art to have chosen to apply the broad teachings of Martin to Stickles in order to securely and freely fastening or mounting a clamp onto a crossbar-to-vehicle in a plurality of positions. Moreover, the concept of a clamp slidably engaging a cleat reflects a common and well-understood mechanical principle and this approach can be found in mechanical applications (e.g., bar clamps, adjustable brackets, mounting systems, or rack attachments).
Regarding claim 19, Stickles teaches a pair of cleat fasteners, each cleat fastener extending through the cleat of a respective mounting bracket of the pair of mounting brackets and configured to extend at least partially through the speaker, the cleat fastener engages the cleat in a loose position in which the cleat is rotatable relative to the speaker and in tightened position in which the cleat is inhibited from rotating relative to the speaker. (see Figs. 3-6, Column 3, line 33-66: detents 25 are engageable and disengage-able to be rotated relative to the speaker and with the respective of plate member 11 on the axis 19).
Regarding claim 20, Stickles teaches a speaker (see Fig. 1: speaker box 1, high frequency speakers 3); and
a pair of mounting brackets spaced apart from each other and mounted to an exterior surface of the speaker, each mounting bracket of the pair of mounting brackets comprising (see Fig. 1-4: mounted by adjustable mechanism 9):
a cleat including an upper surface a lower surface, and a slot, the slot located between the upper surface and the lower surface and extending along at least a portion of the cleat (see Fig. 6: support member 37 includes a fixed plate member 11 between the upper and lower surface);
a clamp including end portions and a connecting portion, the end portions spaced apart from each other and engaging the cleat proximate the slot, the connecting portion disposed between the end portions and configured to receive a support bar (see Fig. 2: connecting portion between the end portions and configured to engage a sports bar 2);
a pair of clamp fasteners, each clamp fastener extending through the end portions of the clamp of a respective mounting bracket of the pair of mounting brackets and through the slot of the cleat of the respective mounting bracket of the pair of mounting brackets, the clamp fastener engages the clamp in a loose state in which the clamp (see Fig. 6, Column 3, line 33-55: handles 31 are squeezed together in the direction of arrows 35, sliding the rods 15 together and disengages the detents 25); and
a pair of cleat fasteners, each cleat fastener extending through the cleat of a respective mounting bracket of the pair of mounting brackets and at least partially through the speaker, the cleat fastener engages the cleat in a loose position in which the cleat is rotatable relative to the speaker and in a tightened position in which the cleat is inhibited from rotating relative to the speaker, the pair of cleat fasteners extending perpendicular to the pair of clamp fasteners. (see Figs. 3-6, Column 3, line 33-66: detents 25 are engageable and disengage-able to be rotated relative to the speaker and with the respective of plate member 11 on the axis 19).
Stickles is silent to a clamp is slidable.
However, Martin teaches a clamp is slidable. (see page 1-2 or timestamp 4:29: a Tube mount for a camera: a cleat is mounted on a camera; a clamp contains a groove (or access slot). The cleat of the camera can slide into the groove of the clamp so that the camera can be mounted on the crossbar (or tube) )
Stickles and Martin are considered to be analogous to the claimed invention because both are in the field of clamping systems applied to a vehicle crossbar clamp. It would have been obvious that such mechanical structure of Martin could have been used to modify the mechanical structure of a speaker. It would have been obvious to one of ordinary skill in the art to have chosen to apply the broad teachings of Martin to Stickles in order to securely and freely fastening or mounting a clamp onto a crossbar-to-vehicle in a plurality of positions. Moreover, the concept of a clamp slidably engaging a cleat reflects a common and well-understood mechanical principle and this approach can be found in mechanical applications (e.g., bar clamps, adjustable brackets, mounting systems, or rack attachments).
Claim(s) 4-5 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Stickles (US 6690802 B2, hereinafter “Stickles”) in view of Kyle Martin Tech (YouTube Title: NEW GoPro Handlebar and Large Tube Mount, hereinafter “Martin”) and further in view of Harary (US 20030001055 A1, hereinafter “Harary”).
Regarding claims 4, 5, 16, and 17, Stickles in view of Martin teaches all of the elements of the current invention as stated above except a pad secured to an upper surface of the cleat, a pad secured to an inner surface of the connecting portions, a pair of pads, each pad of the pair of pads located between the lower surface of a respective mounting bracket of the pair of mounting brackets and the speaker, and a pair of pads, each pad of the pair of pads located on the connecting portion of a respective clamp.
However, Harary teaches a support pad coupled to secure the base member 110 (see Fig. 1, [0019-0021])
Stickles in view of Martin and Harary are considered to be analogous to the claimed invention because both are in the same field of loudspeaker sound bars. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to include a pair of support pads of Harary to the connecting portions, including the clamp and cleat, of Stickles in view of Martin because both are known to secure, provide cushioning and/or grip between connecting and clamping portions.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Applicant's arguments filed October 9, 2025 have been fully considered but they are not persuasive. On page 8-10 of applicant’s remarks, applicant mainly argues that the art of record fails to disclose "a clamp configured to slide relative to the cleat among a plurality of positions." Although Stickles is silent to a clamp slidably engaging the cleat among a plurality of positions, it would have been obvious that the designer could have chosen such arrangement.
Mechanical applications of this implementation include: bar clamps, adjustable brackets, mounting systems, or rack attachments. In the presented examples, a clamping member is designed to slide along a track, bar, or cleat, and lock into one of many selectable positions. The idea of allowing a clamp to slide among multiple cleat positions achieve functional benefits, such as flexibility and ease of use. Choosing a slidable engagement further allows easier repositioning and alignment without removing and reinstalling the clamp, which is a clear advantage known to one skilled in the art. Hence, this implementation reflects a basic mechanical design choice.
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 ANNABELLE KANG whose telephone number is (571)270-3403. The examiner can normally be reached Monday-Thursday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNABELLE KANG/Examiner, Art Unit 2695
/PAUL KIM/Primary Examiner, Art Unit 2695
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