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 .
Election/Restrictions
Claims 19-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected device, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/26/2025.
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 7-18 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 7 states “A support element comprising … the fastener coupling the base to a plate” and it is not clear if the claimed plate is required as being positively claimed as a part of the support element. If the plate is not to be part of the support element it should only be recited in functional language terms. Appropriate correction is required.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, 10-12, 15-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Lundrigan et al. (US 2010/0327134).
Regarding claim 1, (hereafter “D1”) discloses a mounting system (mount 10) comprising: a first plate (one or more front surface of slatwall 400) configured to be coupled to a wall (figure 5); and a support element (slatwall interface 20) slidably coupled to the first plate comprising: a base (25, walls 91, 92) slidably coupled to the first plate; and a first rib (ribs are defined as the portions of 90 and flange 100 which extend into and towards center of slit 130 and also extend outward – figure 3) extending from the base in a first direction (towards the center of slit 130), the first rib offset from the first plate, the first rib configured to detachably couple with a utility module (device interface 150) such that a first portion of the utility module is disposed between the first rib and the first plate (as in figure 2; [0025, 0032]).
Regarding claim 2, D1 discloses wherein the support element (20) comprises a second rib (other side of rib members at 90/100) extending from the base in a second direction opposite the first direction (on opposite side of slit 130 extending toward the center of slit 130), the second rib offset from the first plate, the second rib configured to detachably couple with a utility module such that a second portion of the utility module is disposed between the second rib and the first plate (figure 2).
Regarding claim 3, D1 discloses wherein the support element comprises a first projection (one of engagement members 40 – figure 1) and a second projection (other instance of 40), each of which comprise an interfacing surface that interfaces with the first plate ([0028]), wherein the first projection is closer to the first rib than the second rib and the second projection is closer to the second rib than the first rib (projections 40 are selectable to be closer to respective ribs), the support element further comprising a third projection (hardware 220) extending from the base (figure 5), the third projection extending past the interfacing surface of the first projection and the interfacing surface of the second projection (as seen in figure 5 first/second projection interfaces on its inner side and third projection extends past that interface).
Regarding claim 5, D1 discloses the first plate (at 400) comprising a recessed channel (groove 402) that extends laterally along the first plate (figure 5), the support element comprising a projection (one of engagement members 40) extending from the base into the recessed channel, the projection interfacing with the first plate as the support element slides with respect to the first plate ([0029]).
Regarding claim 7, D1 discloses a support element (20) comprising: a base (25, walls 91, 92) extending along a primary longitudinal axis that extends vertically; a first aperture (one of hole 45) defined by and extending through the base (figure 1), the first aperture configured to receive a fastener (securing hardware 220) extending through the first aperture, the fastener slidably coupling the base to a plate ([0044]); a first rib (ribs are defined as the portions of 90 and flange 100 which extend into and towards center of slit 130 and also extend outward – figure 3) extending from the base in a first direction, the first rib offset from the plate; and a second rib (other side rib at 90/100) extending from the base in a second direction opposite the first direction, the second rib offset from the plate, the first rib and the second rib configured to detachably couple with a utility module (150) such that a first portion of the utility module is disposed between the first rib and the plate and a second portion of the utility module is disposed between the second rib and the plate (figure 1).
Regarding claim 10, D1 discloses comprising a first projection (one of 40) and a second projection (other of 40), each of which comprise an interfacing surface that interfaces with the plate, wherein the first projection is closer to the first rib than the second rib and the second projection is closer to the second rib than the first rib (projections 40 are selectable to be closer to respective ribs).
Regarding claim 11, D1 discloses comprising a third projection (220) extending from the base, the third projection extending past the interfacing surface of the first projection and the interfacing surface of the second projection (as seen in figure 5 first/second projection interfaces on its inner side and third projection extends past that interface).
Regarding claim 12, D1 discloses the third projection (220) extending above the interfacing surface of the first projection and the interfacing surface of the second projection (first / second projection 40 are selectable to be lower than 220).
Regarding claims 15-16, D1 discloses the first rib (portion of 90 and flange 100 which extend into and towards center of slit 130 and also extend outward) extending in the first direction a first width from the base, and the first rib extending along the primary longitudinal axis a first length, wherein the first length is longer than the first width, wherein the first length is at least twice as long as the first width (figure 3).
Regarding claim 17, D1 discloses comprising a first channel (in/at 125) defined at least in part by the first rib, the base, and the plate (plate at 140 closes off back of channel when secure to members 40), the first channel extending vertically downward from a closed back end to an open front end (figure 3).
Regarding claim 18, D1 discloses comprising a first ledge (at the top of 40) extending outward from the base and facing downward towards the first channel, the first ledge defining the closed back end of the first channel (members 40 interface with 400 to close the back of channel 125 – figure 5).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundrigan et al. (US 2010/0327134) in view of Thrush (US 2021/0085101).
Regarding claim 4, D1 does not specifically disclose a second plate and third plate.
Thrush teaches slat type wall plates (600) which are interconnectable at the tops and bottoms to like plates where at upper segment of a lower plate (620) overlaps and connects with a lower segment of a higher plate (610) (figure 6; [0033]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to provide three of more of the plates of D1 modified having overlapping interconnecting features as taught by Thrush, for expansion and size selection of the supporting wall device.
Claim(s) 6, 8, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lundrigan et al. (US 2010/0327134) in view of Melville (US 10,222,172).
Regarding claims 6 and 14, D1 discloses the base (25, walls 91, 92) comprising an upper portion (upper regions of 25) and a lower portion (lower regions of 25) from which the first rib extends, the projection (40) defining a supporting surface that faces downward and towards the first plate (figure 5). D1 does not disclose an upper region above the first rib.
Melville teaches a support element (base plate assembly 20) comprising a base (at base plate 30) and two ribs (guide rails 41, 42) extending inward in opposite directions to form a slot (at channel 43), the ribs (41, 42) having an angled top and the base having an upper portion (at top 33) extending above the tops of the ribs (figure 1).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to modify D1 to have angled and lowered top rib portions as taught by Melville for the benefit of reduced material use and ease of ingress for the module being supported.
Regarding claim 8, D1 as modified discloses the base comprising an upper portion above each of the first rib and the second rib (ribs as modified per claim 6), and a lower portion from which each of the first rib and second rib extend, the first aperture (upper aperture 45) extending through the upper portion of the base, the base comprising a second aperture (lower aperture 45) extending through the lower portion of the base, the second aperture configured to receive a second fastener extending through the second aperture, the second fastener slidably coupling the base to the plate.
Allowable Subject Matter
Claims 9 and 13 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.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not disclose or suggest any combination meeting the limitations of the claims 9 or 13. Specifically, Lundrigan et al., Melville, and/or Thrush do not teach at least the claimed hexagonal portion or the third projection defining a supporting surface that faces downward at an angle between 30 and 60 degrees, and the prior art documents of record do not suggest a modification to meet these limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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/PATRICK D HAWN/ Primary Examiner, Art Unit 3631