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
Applicant’s election without traverse of Invention 1, Species A in the reply filed on 12/19/2025 is acknowledged.
Claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/19/2025.
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 6, 8, and 9 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 6 defines the scope of the mounting feet in terms of the mounting feet’s relationship to the aperture of the base plate. Specifically, lines 1-2 of claim 6 recite "the plurality of mounting feet are received within one single mounting aperture in an interference fit”. The claims, however, do not explicitly define the mounting feet and base plate aperture in combination. Because of this conflict, the claim must be amended to positively recite the combination or the features of the mounting feet must be defined by other explicit means. The language “the plurality of mounting feet are received within one single mounting aperture in an interference fit” will therefore be treated as functional in nature when the claims are applied to the prior art herein.
Claim 8 defines the scope of the lock tab in terms of the lock tab’s relationship to the lock aperture of the base plate. Specifically, lines 2-4 of claim 8 recite " the at least one tab is received within a lock aperture formed within the base plate, the lock aperture being different from the one mounting aperture”. The claims, however, do not explicitly define the lock tab and base plate lock aperture in combination. Because of this conflict, the claim must be amended to positively recite the combination or the features of the lock tab must be defined by other explicit means. The language “the at least one tab is received within a lock aperture formed within the base plate, the lock aperture being different from the one mounting aperture” will therefore be treated as functional in nature when the claims are applied to the prior art herein.
Claim 9 is rejected for incorporating the indefinite limitations of claim 8 by dependency.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brunner et al. (US 10583962, hereinafter ‘Brunner’).
Brunner discloses an attachment structure, comprising: a base support (main container body 202) with a plurality of mounting feet (240, 258) and a lock (230) separate from the base support, wherein the base support is configurable to hold one or more items on a base plate, and wherein the plurality of mounting feet are configured to be received within one mounting aperture of the base plate (functional recitations).
Brunner further discloses the base support includes a base surface with at least one attachment interface (236, 248) that cooperates with a support member to hold the one or more items; the base support includes a flange surrounding a majority of the base surface and a wall that transitions from an inner peripheral portion of the flange to the base surface such that the base surface comprises a raised boss (see Figs. 9A-9C); the base support includes a first side with the base surface and a second side facing opposite the first side, and wherein the plurality of mounting feet extend outwardly of the second side of the base support and are spaced circumferentially apart from each other (see Fig. 8C); each mounting foot comprises a base end attached to the base support and which extends to a distal end that is bent at an angle relative to the base end (see Fig. 3A for better view of mounting foot orientation); the plurality of mounting feet are received within one single mounting aperture in an interference fit (functional recitation); the attachment structure includes an arm that that has a first end (see Fig. 8C, end above 230) associated with the base support and a second end associated with the lock (end @ 235); the lock comprises at least one tab (235) that extends outwardly of a base plate facing surface of the arm (see Fig. 8C), and wherein the at least one tab is received within a lock aperture formed within the base plate, the lock aperture being different from the one mounting aperture (functional recitation); the arm comprises an elongated body that extends from the first end to the second end, and wherein the second end of the arm comprises a distal end portion that is bent at an angle relative to the elongated body (see Fig. 8C) to provide a grippable portion (functional recitation).
Brunner further discloses an attachment system, comprising: a base plate (206) having a plurality of mounting apertures (236); and an attachment structure comprising a base support (202) with a plurality of mounting feet (240, 258) and a lock (230) separate from the base support, wherein the base support is configurable to hold one or more items, and wherein the plurality of mounting feet are received within one mounting aperture of the plurality of mounting apertures to attach the attachment structure to the base plate (Fig. 9B); the base plate is mounted within a cargo area of a vehicle (functional recitation).
Allowable Subject Matter
Claims 16 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
March 16, 2026