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 .
Receipt is acknowledged of Applicant’s amendment filed November 18, 2025. Claims 1-2 and 21-25 are pending on the merits.
Claim Rejections - 35 USC § 103
1. 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.
2. The factual inquiries for establishing a background for determining
obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
3. Claims 1 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hoglan et al. (US D560,221) in view of Erwin (US D437,772).
Re. Cl. 1, Hoglan et al. discloses: a fixed plate mount for equipment comprising:
a device mounting plate configured for the electronic device to be mounted onto the device mounting plate, wherein the device mounting plate comprises one or more device holes; and a surface mounting plate, wherein the surface mounting plate comprises one or more surface holes, wherein the one or more device holes align with the one or more surface holes, wherein the surface mounting plate is configured to be mounted onto a surface, wherein the device mounting plate and the surface mounting plate are configured to be assembled together by fastening the device mounting plate to the surface mounting plate through one or more of a mechanical fastening mechanism or a non-mechanical fastening mechanism.
Hoglan fails to disclosed the following limitations. However, Erwin teaches the
very well-known scope / idea of a single central aperture extending laterally across the surface, the lateral extent of the aperture extending beyond a lateral extent of mounting holes disposed on opposing sides of the surface plate such that each side of the central aperture extends beyond a pair of mounting holes corresponding to that side (Figs. 1-5).
It would have been obvious and very well known to one of ordinary skill in the art
before the effective filing date of the claimed invention to modify Hoglan’s mount for equipment with Erwin’s scope / idea of a single central aperture extending laterally across the surface plate, the lateral extent of the aperture extending beyond a lateral extent of mounting holes disposed on opposing sides of the surface plate such that each side of the central aperture extends beyond a pair of mounting holes corresponding to that side. Wherein when combined with Hoglan et al. mount for equipment comprising a fixed plate mount for a device mounting plate and a surface mounting plate the central aperture and mounting holes would be coplanar.
Doing so would provide a central aperture large enough to accommodate any intended use based on a given work environment.
Re. Cls. 21-22, Hoglan et al. discloses: the surface mounting plate comprises a
slot on each of two opposing sides thereof; and the device mounting plate comprises a corresponding tab on each of two opposing sides thereof.
Re. Cls. 23-25, Hoglan et al. discloses: each tab of the device mounting plate is
configured to slidably engage a corresponding slot of the surface mounting plate to secure the device mounting plate to the surface mounting plate; wherein the tabs and slots are dimensioned to provide a friction fit and prevent lateral displacement of the device mounting plate relative to the surface mounting plate; and wherein the tabs and slots are aligned such that the device mounting plate is secured to the surface mounting plate via a downward sliding motion.
4. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hoglan et al. (US D560,221) in view of Erwin (US D437,772) as applied to claims above, and further in view of Chen (US 2014/0096404).
Re. Cl. 2, Hoglan et al., as modified by Erwin fails to discloses: the surface
mounting plate is mounted onto a wall surface using one or more of one or more screws or one or more anchors. However, Chen teaches the very well-known use of surface mounting plate (21) including a single central aperture (Figs. 2 and 12-14) extending laterally across the surface mounting plate, the lateral extent of the aperture being greater than a lateral spacing between each pair of mounting holes disposed on
opposing sides of the surface mounting plate (Figs. 2 and 12-14). Chen also teaches: the surface mounting plate is mounted onto a wall surface using one or more of one or more screws or one or more anchors (Figs. 11-14).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to modify Hoglan’s et al. plate mount with Chen’s surface mounting plate being mounted onto a wall surface using one or more of one or more screws or one or more anchors. Doing so would provide a stable and secure connections for surface mounting plate.
Response to Arguments
Applicant's arguments with respect to claims 1-2 and 21-25 have been considered and found to be persuasive.
Applicant States, it is clear from the drawings of Erwin that, “the surface mounting plate includes a single central aperture extending laterally across the surface mounting plate, the lateral extent of the aperture extending beyond a lateral extent of mounting holes disposed on opposing sides of the surface mounting plate such that each side of the central aperture extends beyond a pair of mounting holes corresponding to that side”, are not coplanar as required by claim 1.
As stated above, Erwin was used to teach the idea / scope of the surface mounting plate includes a single central aperture extending laterally across the surface mounting plate, the lateral extent of the aperture extending beyond a lateral extent of mounting holes disposed on opposing sides of the surface mounting plate such that each side of the central aperture extends beyond a pair of mounting holes corresponding to that side. Wherein when combined with Hoglan et al. mount for equipment comprising a fixed plate mount for a device mounting plate and a surface mounting plate the central aperture and mounting holes would be coplanar.
Conclusion
THIS ACTION IS MADE FINAL. 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 TERRELL L MCKINNON whose telephone number is (571)272-4797. The examiner can normally be reached Mon-Fri. 8:00 am to 4:30 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, Terrell L McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TERRELL L MCKINNON/ Supervisory Patent Examiner, Art Unit 3632