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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/23/2026 has been entered.
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.
Claim 1, 4-5, 7-12 and 14-17 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.
A broad range or limitation together with a narrow range or limitation that falls
within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, independent claims 1 and 10 recite the broad recitation "mount the electrical box to a stud, a brace assembly, in a gang application, or..." & "a member being connectable to a stud, another electrical box assembly or structure", and the claims also recite specific structure relating only to a "stud" which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Therefore claims 4-5, 7-9, 11-12 and 14-17 are rejected based on their dependence on the rejected independent claims 1 and 10 discussed above.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zacharevitz et al. (US PG. Pub. 2010/0176138).
Regarding claim 1 – Zacharevitz teaches an electrical box assembly (figs. 1A-10A) comprising: an electrical box (fig. 1A, 150 [paragraph 0060] Zacharevitz states, “wiring box 150”); and a bracket (250a [paragraph 0064] Zacharevitz states, “bracket 250a”) having a first leg (figs. 1C-1D, 278 [paragraph 0064] Zacharevitz states, “coupling tabs 278”) that is connected to an outer surface of a sidewall of the electrical box (150; claimed structure shown in figure 1D), the first leg extends (278) from a first side (front side of bracket 250a shown in figure 1) of the bracket (250a), the bracket (250a) being configured to mount the electrical box to a stud (fig. 10A, 100 [paragraph 0061] Zacharevitz states, “bracket 250a is coupled to an adjacent framing member such as a wall, floor or ceiling framing member such as a stud/beam/joist”), a brace assembly (fig. 2A, 10), in a gang application, or (This “or” as currently written and understood indicates that the remainder of the claim is not positively recited and the features that follow are optional), when the electrical box is a first electrical box and the bracket is a first bracket that is mounted to a first side of the stud, a second bracket connected to a second electrical box can be mounted to a second side of the stud at the same time that the first bracket is mounted to the first side of the stud so that at least a portion of the first bracket is at the same height of at least a portion of the second bracket on the stud, the bracket having a member that extends from a second side of the bracket that is opposite the first side of the bracket that is extendible around an edge of the stud to connect the electrical box to the stud, and the bracket having a plurality of connectors being connectable around a top portion and a bottom portion of the brace assembly.
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) 10-12 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zacharevitz et al. in view of Oh et al. (US PG. Pub. 2020/0378553).
Regarding claim 10 – Zacharevitz teaches a mounting bracket (figs. 1A-10A, 250a [paragraph 0064] Zacharevitz states, “bracket 250a”) for supporting an electrical box (fig. 1A, 150 [paragraph 0060] Zacharevitz states, “wiring box 150”) comprising: a first leg (figs. 1C-1D, 278 [paragraph 0064] Zacharevitz states, “coupling tabs 278”) being connectable to an outer surface of a sidewall of an electrical box (150; claimed structure shown in figure 1D), the first leg (278) extending from a first side (front side of bracket 250a shown in figure 1) of the bracket (250a); a member (fig. 10A, 258b [paragraph 0088] Zacharevitz states, “mounting plate flanges 256b and 258b”) being connectable to a stud (100 [paragraph 0061] Zacharevitz states, “bracket 250a is coupled to an adjacent framing member such as a wall, floor or ceiling framing member such as a stud/beam/joist”), another electrical box assembly or structure, the member (258b) extends from a second side of the bracket (250a) that is opposite to the first side of the bracket (250a; claimed structure shown in figures 1A-10A), and the member (258a) extending around an edge (front edge of stud 100) of the stud (100) to connect the electrical box (150) to the stud (100).
Zacharevitz fails to teach a first connector and a second connector being connectable to a brace assembly each having a portion between the member and the first leg, and the first connector and the second connector extend around a top portion and a bottom portion respectively, of the brace assembly.
Oh teaches a mounting bracket (figs. 1A-9, 100 [paragraph 0037] Oh states, “mounting bracket 100”) having a first connector (104 [paragraph 0038] Oh states, “first attachment device 104 and a second attachment device 108”) and a second connector (108) being connectable to a brace assembly (80 [paragraph 0037] Oh states, “support 80”) each having a portion between the member (fig. 9, 268 [paragraph 0072] Oh states, “mounting bracket 200 includes ears 268”) and the first leg (The leg as taught by Zacharevitz will be between the first 104 and second 108 connectors), and the first connector (104) and the second connector (108) extend around a top portion and a bottom portion respectively, of the brace assembly (80; claimed structure shown in figure 1B).
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 mounting bracket for supporting an electrical box as taught by Zacharevitz with the mounting bracket also having a first and second connector connectable to a brace assembly as taught by Oh because Oh states regarding these connectors, “resiliently secure the mounting bracket to the support…The first and second attachment devices can secure the mounting bracket to the support without the use of separate fasteners” [paragraphs 004-0005]. Using a brace with the junction box/mounting bracket allows for increased weight and prevent damage from vibrations.
Regarding claim 11 – Zacharevitz in view of Oh teach the mounting bracket of claim 10, wherein the first connector (Oh; fig. 1B, 104) has a brace support (150a [paragraph 0056] Oh states, “bendable tabs 150a”) that extends around the brace assembly (80).
Regarding claim 12 – Zacharevitz in view of Oh teach the mounting bracket of claim 11, wherein the brace support (Oh; fig. 1B, 150a) has a bent member (figure 7 shows brace support 150a being bent and is considered to be a “bent member”).
Regarding claim 14 – Zacharevitz in view of Oh teach the mounting bracket of claim 10, wherein each of the first connector (Oh; fig. 1B, 104) and the second connector (108) has a brace support (150a and 150b [paragraph 0056] Zacharevitz states, “bendable tabs 150a, 150b”) that each extend around the brace assembly (80; claimed structure shown in figure 7).
Regarding claim 15 – Zacharevitz in view of Oh teach the mounting bracket of claim 14, wherein each of the first connector (Oh; fig. 1B, 104) and the second connector (108) has a hole (see holes shown that align with brace assembly 80) to receive a fastener to connect the mounting bracket (100) to the brace assembly (80 [paragraph 0065] Oh states, “As desired, a user can then use screws or other separate fasteners to further secure the mounting bracket 100 for final installation”).
Regarding claim 16 – Zacharevitz in view of Oh teach the mounting bracket of claim 10, wherein the member (Zacharevitz; fig. 10A, 258b [paragraph 0088] Zacharevitz states, “mounting plate flanges 256b and 258b”) is connectable to the stud (100), the another electrical box assembly or structure.
Regarding claim 17 – Zacharevitz in view of Oh teach the mounting bracket of claim 16, wherein the member (Zacharevitz; fig. 1A, 258a) has a first tab (252a [paragraph 0061] Zacharevitz states, “angled tabs, 252a, 254a, 260a”), a second tab (260a), a first aperture (259a [paragraph 0062] Zacharevitz states, “fastener holes 257a, and 259a”) and a second aperture (261a [paragraph 0062] Zacharevitz states, “fastener holes 261a”).
Allowable Subject Matter
Claims 18-21 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-5, 7-12, 14-17 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN T SAWYER whose telephone number is (571)270-5469. The examiner can normally be reached M-F 8:30 am - 5pm.
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/STEVEN T SAWYER/Primary Examiner, Art Unit 2847