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 Objections
Claim 1 is objected to because of the following informalities: claim 1 appears to either not have a preamble, or not have a body. The transitional phrase that ends the preamble of the claim and marks the beginning of the body of the claim should be denoted by a colon, however no colon appears in the claim. It appears that the phrase “wherein the bracket comprises” is the transitional phrase that ends the preamble and so a colon should follow the word “comprises”, and the claim is examined consistent with this. Appropriate correction is required.
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 8, 13, 14 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.
Claims, 8 and 13 contains the trademark/trade name “VESA”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe display support structures and, accordingly, the identification/description is indefinite.
The term “as close together as possible” in claim 14 is a relative term which renders the claim indefinite. The term “as close together as possible” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. There is no discussion of what metes and bounds the present application places on what is or is not included in what is “possible” closeness and what is not.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2004/0118984).
Regarding claim 1 Kim discloses:
A bracket suitable to be connected to an audio or an audio and video installation, wherein the bracket comprises
a main load carrying profile (e.g. 30 FIG.2), the main load carrying profile having a first longitudinal extent (e.g. up/down FIG2), from which main load carrying profile one or more mounting studs (e.g. 37nFIG.2) extend, wherein the mounting studs are fastened to the main load carrying profile and further are provided with resilient sleeves (e.g. formed in 12 FIG.2), wherein the one or more mounting studs are arranged perpendicular to and extending away from the first longitudinal extent of the main load carrying profile (e.g. shown FIG.2), wherein the main load carrying profile in a distal end is provided with an engagement member (e.g. 42 FIG.3) fastened to the main load carrying profile (e.g. extending downward FIG.3), and wherein the engagement member has coupling means suitable to engage and fix the bracket to a floor, wall, or table stand (e.g. via 11 shown FIG.3).
Regarding claim 2 Kim discloses:
two or more mounting rods (e.g. 21, 22 FIG.2) are provided on the main load carrying profile, and the mounting rods extend from the main load carrying profile in a direction opposite to the mounting studs (e.g. inward).
Regarding claim 3 Kim discloses:
each mounting rod has a second longitudinal extent substantially perpendicular to the first longitudinal extent (e.g. left/right) of the main load carrying profile, and wherein two or more grooves (e.g. shown on sides of 21/22 FIG.2) are provided in each mounting rod perpendicular (e.g. up/down) to the second longitudinal extent of the mounting rods.
Regarding claim 5 Kim discloses:
the cross section of the mounting rods in a direction perpendicular to the second longitudinal extend is circular (e.g. circular section shown FIG.2), and wherein the grooves encircle the mounting rods (e.g. grooves of 21 encircles 22 shown FIG.2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0118984) in view of Bunting (US 2022/0034086).
Regarding claim 4 Kim discloses:
a mutual distance between adjacent grooves of the two or more grooves in the second longitudinal extent is a fixed distance (e.g. fixed as shown FIG.2)
Kim does not explicitly discuss:
wherein the distance is selected between 5 mm and 20 mm
Bunting teaches:
wherein the distance is selected between 5 mm and 20 mm (1/4 inch paragraph [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teachings of Bunting, as pointed out above, in Kim, as one having ordinary skill in the art would have would have recognized the teaching, suggestion, and motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings (as pointed out above) to arrive at the claimed invention, and would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification would have allowed for: ideal fitting of the components within the body such as interference fit and press fit to account for changing load profile tolerances (paragraph [0031]).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0118984) in view of Kim et al. (US 2022/0232188).
Regarding claim 12 Kim discloses:
an arrangement of the installation, wherein the floor, wall, or table stand is fastened to the bracket by connecting the coupling means provided in the engagement member with corresponding coupling means provided in the floor, wall, or table stand configured for engagement with the coupling means in the engagement member (e.g. shown via dotted lines FIG.2), and inserting the mounting studs, with the resilient sleeves into apertures provided in a rear side of the installation, such that the weight of the installation is transferred to the mounting studs, and via the main load carrying profile and the engagement member to the floor, wall, or table stand (e.g. shown via dotted lines FIG.2)
Kim does not explicitly discuss:
audio installation
Kim(88) teaches:
audio installation (e.g. 80 FIG.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teachings of Kim(88), as pointed out above, in Kim, as one having ordinary skill in the art would have would have recognized the teaching, suggestion, and motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings (as pointed out above) to arrive at the claimed invention, and would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification would have allowed for: the provision of audio to provide an audio-visual system (paragraph [0040]).
Regarding claim 13 Kim as modified discloses:
wherein a video screen (e.g. described paragraph [0028]) is provided wherein the video screen is attached to the screen bracket (e.g. 6 FIG.1) and wherein the screen bracket is provided with rows of holes (e.g. shown Fig.1), wherein the rows of holes are arranged according to a standard (e.g. shown Fig.1), wherein the video screen may be fastened to the screen bracket by superposing a number of the holes arranged according to the standard in the screen bracket over corresponding holes provided in a rear surface of the video screen (e.g. shown Fig.1), and threading a bolt or screw through at least some or all of the overlapping holes, thereby fastening the video screen to the screen bracket (e.g. described paragraph [0028] and understood from the structure of 6 FIG.1).
Regarding claim 14 Kim as modified discloses:
The apparatus(method) of claim 13
Kim does not explicitly discuss:
the audio installation is a soundbar, the soundbar having a longitudinal extent, a depth and height, wherein at least one linear guide is provided, and wherein the video screen has a lower edge extending in the width direction of the video screen, and wherein after having attached the video screen to the video screen mounting system, apertures in the legs are inserted over mounting rods and accommodated in grooves, such that an upper rim of each aperture is inserted in a groove, wherein the groove is selected such that the linear guide is parallel with a lower edge of the video screen, and wherein the linear guide and the lower edge of the video screen are as close together as possible, whereafter the adjustment means between a structural bracket and a screen bracket, comprising two or more adjustment studs projecting from either the structural bracket or the screen bracket are manipulated such that by rotating threaded bolts threaded in horizontal and vertical holes of the adjustment studs, the structural bracket or the screen bracket is moved relative to the other bracket, such that the linear guide may be adjusted to be precisely aligned with the lower edge of the video screen, and that a desired distance is provided between the lower edge of the video screen and the linear guide
Kim(88) teaches:
the audio installation is a soundbar (e.g. 80 FIG.2), the soundbar having a longitudinal extent, a depth and height, wherein at least one linear guide is provided (e.g. top of 80 FIG.2), and wherein the video screen (e.g. 20 FIG.2) has a lower edge extending in the width direction of the video screen (e.g. shown FIG.2), and wherein after having attached the video screen to the video screen mounting system, apertures in the legs (e.g. 95 FIG.6) are inserted over mounting rods (e.g. 215 FIG.14) and accommodated in grooves (e.g. 214 FIG.14), such that an upper rim of each aperture is inserted in a groove (e.g. groove in 202 shown FIG.14), wherein the groove is selected such that the linear guide is parallel with a lower edge of the video screen (e.g. indicated FIG.2), and wherein the linear guide and the lower edge of the video screen are as close together as possible (e.g. indicated FIG.2), whereafter the adjustment means between a structural bracket and a screen bracket, comprising two or more adjustment studs projecting from either the structural bracket or the screen bracket (e.g. at least two shown FIG.6) are manipulated such that by rotating threaded bolts threaded in horizontal and vertical holes of the adjustment studs, the structural bracket or the screen bracket is moved relative to the other bracket (e.g. between 95s FIG.6), such that the linear guide may be adjusted to be precisely aligned with the lower edge of the video screen, and that a desired distance is provided between the lower edge of the video screen and the linear guide (e.g. indicated FIG.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teachings of Kim(88), as pointed out above, in Kim, as one having ordinary skill in the art would have would have recognized the teaching, suggestion, and motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings (as pointed out above) to arrive at the claimed invention, and would have been motivated to do this with a reasonable expectation of success because such a combination and/or modification would have allowed for: the provision of audio to provide an audio-visual system (paragraph [0040]).
Allowable Subject Matter
Claims 6-7, 9-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6 Kim discloses:
wherein a video screen mounting system is provided, the video screen mounting system comprises two parts:
a structural bracket and a screen bracket (e.g. shown FIG.1); wherein
the structural bracket has two or more parallel legs (e.g. two extending from 7 shown Fig.1) extending from a main plate section (e.g. 7 FIG.1), wherein at least two apertures are provided in each leg (e.g. two shown FIG.1), such that each leg may be connected to a bracket (e.g. shown FIG.1), and wherein the screen bracket is adjustably connected by adjustment means to the structural bracket (e.g. shown/indicated FIG.1/FIG.3).
However Kim fails to explicitly disclose:
by inserting and having the mounting rods extend through the apertures in the legs, wherein the thickness of the material of the legs may be accommodated in one of the grooves provided in the mounting rods.
Further, none of the references cited, either alone or in combination(s), is believed to disclose the above limitation(s) as claimed.
Claim 8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references cited on the PTO-892 disclose/teach similar electronic device housing/support structures as those disclosed in the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THERON S MILLISER whose telephone number is (571)270-1800. The examiner can normally be reached 9-6.
Limited examiner interviews are available.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N. Hayman can be reached at (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THERON S MILLISER/Examiner, Art Unit 2841