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
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, 3-8, 14-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witherbee et al. (US PG. Pub. 2021/0041059) and further in view of Johnson et al. (US PG. Pub. 2019/0376643) and further in view of Oh et al. (US PG. Pub. 2020/0378553).
Regarding claim 1 – Witherbee teaches a cover plate (fig. 2, 200 [paragraph 0032] Witherbee states, “box bracket 200”) that is connectable to an electrical box (fig. 3, J [paragraph 0032] Witherbee states, “junction boxes J of different sizes to attach to the box bracket 200”) comprising: a body (body shown between members 208 & 210) that has a first side member (208 [paragraph 0034] Witherbee states, “left and right stud-mounting flanges 208 and 210”) on a first side (left side) of the body and a second side member (210) on a second side (right side) of the body opposite the first side (left side), the body having a first frame member (upper member connecting between 208 and 210) between the first side member (208) and the second side member (210) on a third side (upper side) and a second frame member (lower member connecting between 208 and 210) between the first side member (208) and the second side member (210) on a fourth side (lower side) that is opposite the third side, the first side member (208) and the second side member (210) being configured to mount to a stud (figure 6 shows a side member being mounted to a stud, therefore the first and second side members 208/210 are “configured to mount to a stud”), the first frame member (fig. 2, 208) and the second frame member (210) being configured to mount to a brace assembly (100 [paragraph 0036] Witherbee states, “support bracket 100”) by positioning one or more first tabs (220 [paragraph 0036] Witherbee states, “at least one clamping flange 220 configured to engage the telescoping member of the support bracket 100”) around a first outer rail (upper rail) of the brace assembly (100) to temporarily hold the cover plate (200) in place on the brace assembly (100) allowing the positioning of fasteners (202 [paragraph 0032] Witherbee states, “slots 202 that allow access to the holes of bracket 100 to allow fastening of box bracket 200 thereto”) to secure the cover plate (200) to the brace assembly (100), the first side member (208) and the second side member (210) being configured to mount the cover plate (200) in a gang application (figure 2 shows two cover plates 200 adjacent to each other and appear to be in a “gang application”).
Witherbee fails to teach explicitly wherein one or more second tabs around a second outer rail of the brace assembly; when the cover plate is a first cover plate and the body is a first body that is mounted to a first side of the stub by the first side member or the second side member of the first cover plate, a second body of a second cover plate can overlap a portion of the first body to be mounted to a second side of the stud at the same time that the first body of the first cover plate is mounted to the first side of the stud.
Johnson teaches when the cover plate (figs. 15-16, 10 [paragraph 0060] Johnson states, “Johnson states, “mounting bracket 10”) is a first cover plate (fig. 16, 10) and the body is a first body that is mounted to a first side (left side of stud S) of the stub (S [paragraph 0045] Johnson states, “stud S”) by the first side member (20 [paragraph 0057] Johnson states, “left and right stud mounting flanges 18, 20”) or the second side member of the first cover plate, a second body of a second cover plate (10’ [paragraph 0062] Johnson states, “second mounting bracket 10’ ”) can overlap a portion of the first body (see overlap of flanges 18 and 20 in figures 15-16) to be mounted to a second side (right side of stud S) of the stud (S) at the same time that the first body of the first cover plate (10) is mounted to the first side (left side of stud S) of the stud (S).
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the cover plate that is connectable to an electrical box connected to a brace assembly as taught by Witherbee with the cover plate is a first cover plate mounted to one side of a stud and a second cover plate mounted to an opposite side of a stud with overlapping portions as taught by Johnson because Johnson states regarding this structure, “Referring to FIG. 16, the mounting bracket 10 is configured to overlap with a second mounting bracket 10′ in a side-by-side arrangement on either side of the stud. This permits two or more mounting brackets 10, 10′ to be attached to the stud S at the same height on the stud” [paragraph 0070].
Oh explicitly teaches wherein one or more second tabs (figs. 1A-2A, 122b [paragraph 0051] Oh states, “second arm 122a, 122b”) around a second outer rail (lower rail 66 [0052] Oh states, “first or second rail 64, 66”) of the brace assembly (80 [paragraph 0059] Oh states, “support 80”).
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the cover plate that is connectable to an electrical box having a first tabs around a first outer rail of the brace assembly as taught by Witherbee in view of Johnson with the cover plate also having second tabs around a second outer rail of the brace assembly as taught by Oh because Oh states, “the first arms 120a, 120b and second arms 122a, 122b are configured to engage the rails 64, 66 of the support 80 to secure the mounting bracket 100 to the support 80” [paragraph 0059]. This additional tab will further secure the cover plate to the brace assembly.
Regarding claim 3 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, wherein the electrical box (Witherbee; fig. 3, J) is a plurality of electrical boxes each having a different size ([paragraph 0032] Witherbee states, “The first and second mounting opening types 204a, 204b are configured to receive a fastener in a plurality of different locations to enable junction boxes J of different sizes to attach to the box bracket 200 and in different orientations (FIG. 4)”), and wherein the body is connectable to each of the plurality of electrical boxes (discussed above).
Regarding claim 4 – Witherbee in view of Johnson and Oh teach the cover plate of claim 3, wherein the body (Witherbee; fig. 2, see body with center opening) has a box flange (see box flange surrounding the center opening), and wherein the body has a plurality of fastener holes (204a [paragraph 0032] Witherbee states, “The first and second mounting opening types 204a, 204b are configured to receive a fastener in a plurality of different locations to enable junction boxes J of different sizes to attach to the box bracket 200 and in different orientations (FIG. 4)”) and and/or grooves through the box flange (see fig. 3) to connect to electrical boxes (J) of various sizes (discussed above).
Regarding claim 5 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, wherein the body (Johnson; fig. 2, see body with center opening 14) has a tab (22 [paragraph 0060] Johnson states, “The mounting bracket 10 includes at least one clamping flange 22 coupled to the left and right stud mounting flanges 18, 20 and configured to engage the stud S of the wall”) and a projection (see projection of tab 22) that extend on opposite sides of the stud (S) to connect the cover plate (10) to the stud (S).
Regarding claim 6 – Witherbee in view of Johnson and Oh teach the cover plate of claim 5, wherein the tab (Johnson; fig. 2, 22) has a bent portion (see inward bent portion of projection) to apply tension to maintain a connection between the cover plate (10) to the stud (S [paragraph 0060] Johnson states, “The mounting bracket 10 includes at least one clamping flange 22 coupled to the left and right stud mounting flanges 18, 20 and configured to engage the stud S of the wall”).
Regarding claim 7 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, wherein the body (Johnson; fig. 2, see body with center opening 14) has a hole (19 [paragraph 0058] Johnson states, “circular fastener opening 19”) to receive a fastener (fig. 15, 15 [paragraph 0064] Johnson states, “fasteners 15”) to connect the cover plate (10) to the stud (S [paragraph 0064] Johnson states, “fasteners 15 (e.g., self-tapping sheet metal screws) to secure the mounting bracket 10 to the stud S”).
Regarding claim 8 – Witherbee in view of Johnson and Oh teach the cover plate of claim 7, wherein the cover plate is the first cover plate (Johnson; fig. 16, 10) and further comprising the second cover plate (10’), wherein the body (see body with center opening 14 shown in figure 1) of the first cover plate (10) has a first opening (30 [paragraph 0070] Johnson states, “slots 30”) to receive a tab (22 [paragraph 0070] Johnson states, “clamping flanges 22”) of the second cover plate (10’) to connect the first cover plate (10) and the second cover plate (10’) in a gang application (figure 16 and 17 show the first and second cover plate 10 and 10’ connected as claimed).
Regarding claim 14 - Witherbee in view of Johnson and Oh teach the cover plate of claim 1, wherein the body is connectable to a mud ring (Johnson; fig. 15, PR [paragraph 0048] Johnson states, “plaster ring PR”) has a connection portion (see notches in mud ring PR) that has a fixed depth that is not adjustable (figure 15 shows the mud ring PR having a fixed depth and not adjustable in relation to the cover plate 10) and that is connectable to an electrical device (the mud ring PR is considered “connectable” to an electrical device).
Regarding claim 15 - Witherbee in view of Johnson and Oh teach the cover plate of claim 14, wherein the body (Johnson; see body with center opening 14 shown in figure 1) is connectable to a side support (fig. 9, 50 [paragraph 0072] Johnson states, “the mounting bracket 10 may include a detachable leg 50 removably (e.g., releasably) attached to the mounting bracket”).
Regarding claim 16 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, wherein the body (Witherbee; see body with center opening shown in figure 1) is connectable to a mud ring ([paragraph 0033] Witherbee states, “Each box bracket 200 also can also include one or more plaster ring mounting tabs 206 for use in attaching a plaster ring PR (e.g., mud ring) (FIG. 3) to the box bracket 200”) to form a fixed connection between the body and the mud ring (claimed structure discussed above).
Regarding claim 20 – Witherbee in view of Johnson and Oh teach the cover plate of claim 17, wherein the first side member (Johnson; fig. 14, 18) has a tab (22) and the second side member (20) has a tab (22), and wherein the tab (22) of the first side member (18) and the tab (22) of the second side member (18) are each connectable to the stud ([paragraph 0060] Johnson states, “The mounting bracket 10 includes at least one clamping flange 22 coupled to the left and right stud mounting flanges 18, 20 and configured to engage the stud S of the wall”).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witherbee et al. in view of Johnson et al. and Oh et al. as applied to claim 1 above, and further in view of Bonino (US Patent 9595819).
Regarding claim 2 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, but fails to teach wherein the body is connectable to a mud ring to form a hinged connection between the body and the mud ring.
Bonino teaches a cover plate (fig. 1, 20 [column 3 line 64] Bonino states, “mounting plate 20”) having a body (see body of cover plate 20) wherein the body is connectable to a mud ring (34 [column 4 lines 9-10] Bonino states, “mounting plate 30 includes a mud ring segment 34-9”) to form a hinged connection between the body and the mud ring ([column 4 lines 23-24] Bonino states, “device mounting plate 30 is hinged to the box mounting plate 20”).
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the cover plate as taught by Witherbee in view of Johnson and Oh with the cover plate is connectable to a mud ring and hinged as taught by Bonino because Bonino states, “a device mounting plate portion hinged to the box mounting plate portion for mounting the device allowing the use of both hands for wiring the device” [Abstract].
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witherbee et al. in view of Johnson et al. and Oh et al. as applied to claim 1 above, and further in view of Korcz et al. (US PG. Pub. 2018/0241188).
Regarding claim 11 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, but fails to teach wherein the body has a receptacle to receive a hinge projection of a mud ring.
Korcz teaches wherein the body (figs. 9-10, 14 [paragraph 0058] Korcz states, “base member 14”) has a receptacle (74 [paragraph 0059] Korcz states, “hinge recess 74”) to receive a hinge projection (134 [paragraph 0063] Korcz states, “hinge tabs 134”) of a mud ring (18 [paragraph 0070 & title] Korcz states, “movable member 18…hinged mud ring assembly”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover plate as taught by Witherbee in view of Johnson and Oh with the cover plate having a body with a receptacle to receive a hinge projection of a mud ring as taught by Korcz because Korcz states regarding a hinged mud ring, “The mud ring assembly 10 also acts as a cover for the junction box (not shown) and allows access to the front and back of the electrical device during installation, wiring, and maintenance, while allowing a user to use both hands (as compared to holding the device in one hand and working with the other hand, or allowing the electrical device to hang from its wiring during installation)” [paragraph 0057].
Regarding claim 12 – Witherbee in view of Johnson, Oh and Korcz teach the cover plate of claim 11, wherein the mud ring (Korcz; fig. 9-10, 18) has a hinge tab (134) that is bendable ([paragraph 0006] Korcz states, “A hinge projection extends from the hinge tab and is bendable between a first position in which the hinge tab is permitted to be inserted into the hinge slot and a second position in which the hinge tab is secured within the hinge slot”) to connect the mud ring (18) to the body (14).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witherbee et al. in view of Johnson et al. and Oh et al., and further in view of Korcz et al. (US PG. Pub. 2018/0241187).
Regarding claim 13 – Witherbee in view of Johnson and Oh teach the cover plate of claim 1, but fails to teach wherein the body is connectable to a mud ring that has a sleeve, and wherein the sleeve has a depth that is adjustable.
Korcz teaches wherein the body (fig. 1, 18 [paragraph 0021] Korcz states, “base member 18”) is connectable to a mud ring (22 [Abstract & paragraph 0024] Korcz states, “adjustable mud ring assembly…movable member 22”) that has a sleeve (see sleeve/wall 74 as shown in figure 4), and wherein the sleeve has a depth that is adjustable ([paragraph 0028] Korcz states, “an operator can rotate the actuators 26 to thread or unthread the threaded shanks 142 relative to the threaded holes 66, thereby changing the position of the movable member 22 relative to the base member 18”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover plate as taught by Witherbee in view of Johnson and Oh with the mud ring having an adjustable sleeve as taught by Korcz because Korcz states, “In this manner, the operator may adjust the depth of the movable member 22 as necessary to accommodate various wall thicknesses.” [paragraph 0028].
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Witherbee et al. in view of Johnson et al. and Oh et al. as applied to claim 1, and further in view of Rinderer (US Patent 8403289).
Regarding claim 18 – Witherbee in view of Johnson and Oh teach the cover plate of claim 17, but fails to teach wherein the body has a plurality of slots through the first frame member and a ridge that is bent along two of the plurality of slots.
Rinderer teaches wherein a body (figs. 1a-1b, 12 [column 7 line 9] Rinderer states, “first plate 12”) has a plurality of slots (see slots along axis 38 [column 7 lines 21-23] Rinderer states, “The tabs 30 may be flexible due to a weakened or perforated area along their length”) through the first frame member (top horizontal member of body 12) and a ridge (see ridge shown along bent axis 38) that is bent along two of the plurality of slots ([column 7 lines 16-18] Rinderer states, “The mounting tabs 30 may be flexible about an axis 38 defined by the area of attachment 38 to the first plate 12”; claimed structure shown in figures 1a-1b).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the cover plate having a body with a first frame member as taught by Witherbee in view of Johnson and Oh with a body having a plurality of slots through the first frame member and a ridge that is bent along two of the plurality of slots as taught by Rinderer because Rinderer states, “the tabs 30 may be flexible about any other defined axis along their length between a position parallel with the first plate 12 and various desired alternative positions relative to the first plate 12” [column 7 lines 18-21]. This flexible tab can be connected to different structures such as vertical studs or horizontal rails/braces.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 11-16, 18 and 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.
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.
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/STEVEN T SAWYER/Primary Examiner, Art Unit 2847