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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
Claims 1-2 and 10 are currently amended; claims 3-9 and 11-20 are original;
Claims 1-14 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 03/18/2024 and reviewed by the Examiner.
Response to Arguments
Applicant’s arguments with respect to claims 1-14 have been considered but are moot because the arguments do not apply to the current rejection/interpretation of Johnson, LaPalomento and Lowe.
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 11 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 11 recites the limitation " the at least one first apertures" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 10-14 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Johnson (U.S. Pat. No. 7,271,350 B2).
Regarding claim 1 Johnson teaches an electrical device support assembly for securement to a surface, comprising:
a support bracket (21) having an outer rim (32-35), a main region (J1 see annotated figure below), an inner region (J2 see annotated figure below), and a plurality of first apertures (27-28, 94-95) spaced from one another so as to be configured to secure the support bracket to a pair of structural supports (14, 16) of the surface,
the outer rim surrounding the main region,
the main region surrounding the inner region, and
the inner region includes one or more second apertures (24) that are configured for mechanical connection of an electrical device to the support bracket.
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Claim Rejections - 35 USC § 103
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 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 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.
Alternatively, claims 1-7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over LaPalomento (U.S. Pat. No. 5,183,233) in view of Lowe (U.S. Pat. No. 8,418,981 B1).
Regarding claim 1, LaPalomento teaches an electrical device support assembly for securement to a surface, comprising: a support bracket (LaPalomento; 10) having a main region (LaPalomento; surface area including 11) a plurality of first apertures (LaPalomento; 11) spaced from one another so as to be configured to secure the support bracket to a pair of structural supports (LaPalomento; 42) of the surface; an inner region (LaPalomento; region defined between 14 comprising 17A); the inner region includes one or more second apertures (17A) that are configured for mechanical connection of an electrical device to the support bracket.
However, LaPalomento is silent to disclose a rim.
Lowe teaches a support bracket (Lowe; 100) having an outer rim (Lowe; L1 see annotated figure below), a main region (Lowe; L2 see annotated figure below), the outer rim surrounding the main region, and an inner region (Lowe; 105)
the main region surrounding the inner region, and
the inner region includes one or more second apertures (Lowe; 110 of inner region) that are configured for mechanical connection of an electrical device to the support bracket [capable/intended use].
LaPalomento and Lowe are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of LaPalomento having a rim surrounding the main region and the main region surrounding the inner region as disclosed by Lowe. The motivation would have been to facilitate the installation and as well as to make the product cost effective. Additionally, it would have been the obvious matter of design choice. Therefore, it would have been obvious to modify LaPalomento as specified in claim 1.
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Regarding claim 2, LaPalomento as modified teaches the plurality of first apertures (LaPalomento; 11) are in the outer rim or the main region.
Regarding claim 3, LaPalomento teaches the inner region has a first window (LaPalomento; 12) through which electrical leads of an electrical device can pass [intended use/capable].
Regarding claim 4, LaPalomento as modified teaches the main region comprises a plurality of first windows (Lowe; L4 see annotated figures above) through which electrical leads of an electrical device can pass.
Regarding claim 5, LaPalomento as modified teaches the plurality of first windows comprises. However, Lowe is silent to disclose a plurality of knockouts. The Examiner takes the official notice that providing the plurality of knockouts are old and well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the first windows of Lowe having knockouts. The motivation would have been to utilize the desired windows while keeping the other windows sealed.
Regarding claim 6, LaPalomento as modified teaches the outer rim (Lowe; L1) is offset from the main region by a first distance (vertical distance) along an axis (vertical axis) and the main region (Lowe; L2) is offset from the inner region (Lowe; 105) by a second distance along the axis.
Regarding claim 7, LaPalomento as modified teaches the first distance provides a space (vertical space) through which the electrical leads can pass (via window).
Regarding claim 10, LaPalomento teaches the plurality of first apertures (LaPalomento; 11) have a center-to-center distance (distance between each 121) equal to a center-to-center distance (D) of the pair of structural supports (LaPalomento; 42) [capable/intended use].
Regarding claim 11, LaPalomento as modified teaches the support bracket is configured such that the outer rim (Lowe; L1) extends into the main area to define ears on opposite sides of a portion of the outer rim having the at least one first apertures.
Regarding claim 12, LaPalomento as modified teaches the support bracket. However, LaPalomento is silent to disclose the bracket is formed as a single piece of galvanized steel. The Examiner takes the official notice that bracket made of galvanized steel are old and well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the bracket of LaPalomento formed as a single piece of galvanized steel. The motivation would have been to make the inventio durable and as well as to provide appropriate strength during the retention.
Regarding claim 13, LaPalomento teaches a decorative cover (LaPalomento; 20), wherein the decorative cover is sized to conceal the support bracket and has second window (21) sized and positioned to be in alignment with the inner region of the support bracket when the cover is removably connected to the support bracket.
Regarding claim 14, LaPalomento teaches the decorative cover. However, LaPalomento is silent to disclose an integrally formed connector that is removably connectable with the support bracket. Lowe teaches the integrally formed connector (Lowe; 310) that is removably connectable with the support bracket. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the cover of LaPalomento having integrally formed connector as disclosed by Lowe. The motivation would have been to facilitate the installation of the of cover.
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over LaPalomento (U.S. Pat. No. 5183233) in view of Lowe (U.S. Pat. No. 8418981 B1) and further in view of Johnson (U.S. Pat. No. 7271350 B2).
Regarding claim 8, LaPalomento a cover plate (LaPalomento; 20). However, LaPalomento is silent to disclose the cover plate is positioned on the outer rim so that an enclosed space is defined in the support bracket. Johnson teaches the cover plate (Johnson; 41) is positioned on the outer rim so that an enclosed space is defined in the support bracket (see Fig. 2 for configuration).
LaPalomento and Johnson are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the cover plate of LaPalomento as disclosed by Johnson. The motivation would have been the motivation would have been to provide space/gap for electrical cables.
Regarding claim 9, LaPalomento as modified teaches the cover is between the surface and the support bracket or the bracket (LaPalomento; 10) is between the surface (Fig. 4; surface in contact with 10) and the cover (Johnson; 41).
Allowable Subject Matter
Claims 15-20 would be allowable if rewritten or amended 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/Primary Examiner, Art Unit 3631