DETAILED ACTION
This is a first action on the merits of application 18232420.
Claims 1-18 are pending.
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 5 is 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 5 recites the limitation "the support member". There is insufficient antecedent basis for this limitation in the claim.
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) 1-4, 13 is/are rejected under 35 U.S.C. 102a as being anticipated by LaScala US 20080042027.
Claim 1, LaScala discloses a clamping system 20 adapted to retain an accessory, the clamping system comprising: a clamping block 10 adapted to be coupled to a mounting surface 31; a clamping member 11 having first and second ends, wherein the first end is pivotably coupled [slides vertically and tiltable] to the clamping block 10; a fastener 19 disposed on the clamping member proximal to the second end and adapted to engage the clamping block; and an assembly arm 33, wherein when the fastener 19 is engaged to the clamping block 10, the clamping block and the clamping member 11 cooperatively define an opening adapted to receive and releasably couple with the assembly arm 33. See figs 1-3 [0029-0033]
Claim 2, LaScala discloses wherein the assembly arm 33 is coupled to an undermount assembly 22b. See fig. 2
Claim 3, LaScala discloses wherein the clamping member 11 includes a clamping member hole 26, and the assembly arm 33 includes an assembly arm hole [inherent to receive a screw], wherein the clamping member hole and the assembly arm hole are adapted to be axially aligned and receive a pin [screw 34] to retain the assembly arm in a desired position relative to the clamping member. See fig. 3 [0032]
Claim 4, LaScala discloses the assembly arm is selectively positioned to hold the accessory [boat cover] in a desired position. Abstract
Claim 13, LaScala discloses the clamping block 11 includes a ridge [22 cutout] that restricts movement of the assembly arm 33 in the substantially cylindrical opening.
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) 5-12, 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over LaScala et al.
Claims 5-7, 16 and 18, LaScala discloses the aforementioned limitations of claim 1/14, he does not disclose an entertainment unit accessory coupled to the support member or the entertainment unit accessory includes a grill/table. He does disclose an accessory of a boat cover being coupled, so based on design choice for the intended purpose the accessory connection it could be anything you want. Thus, it 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 to use the said unit accessory for the desired activity required by the user to transport a device on a watercraft.
Claims 8-12, LaScala discloses the aforementioned limitations of claim 1 and a pontoon boat, he does not disclose specifically what the mounting block/clamping block is adapted to be coupled to or what the assembly arm is adapted to couple to. Which is considered intended use and not given significant patentable weight. User can couple any desired object to the clamping device thus, it 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 to couple any of the objects disclosed by applicant to the clamping device for the desired use on the boat.
Claim 14 and 17, LaScala discloses all the limitations of the claim which is almost identical to claim 1 except for the additional limitations of using the clamping device on a cross brace and a support member. However, pontoon boats are well known to be constructed with cross braces and changing location of the clamp is of ordinary skill as with providing a support member for the assembly arm to provide additional stability. Thus, it 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 to use said limitations for the intended use of the clamping device.
Claim 15, LaScala discloses the clamping member hole is adapted to secure the arm in a desired position relative to the clamping block. See fig. 2-3
Conclusion
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/JOVON E HAYES/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615