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 .
DETAILED ACTION
Election/Restrictions
Applicant's election with traverse of claims 1, 3, 4, 6, 7, 9, 11, 13, 14, 16, 17, 19, and 20 in the reply filed on 05/01/2026 is acknowledged. The traversal is on the ground(s) that that there is not sufficient explanation of serious search or examination burden. This is not found persuasive because the Figures of the species groups show various different features that require individual search and consideration. This will create a burden for the examiner.
The requirement is still deemed proper and is therefore made FINAL.
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 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) 1,3-4,6, 11, 13-14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ludevig et al. (DE 102007042991 A1) hereinafter Ludevig.
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Regarding claim 1, Ludevig discloses a system comprising: a surge protection device (6 and 7) comprising a connection point (bottom point of 7 that connects to rigid bar 18; see Fig.3);a carrier assembly ( see Rep.Fig1) juxtaposed to the surge protection device and comprising an interconnection point (see interconnection point that connects to 8) ,an attachment point ( see point that connects to 19) ,a rigid bar (18 and see rigid bar in Rep.Fig.1) connecting between an interconnection point and the attachment point ,wherein a proximal end of the rigid bar integrally forms the interconnection point and a distal end of the rigid bar comprises the attachment point ( see positioning of rigid bar between 19 and 8).
Regarding claim 3, Ludevig discloses wherein the attachment point is a first attachment point and wherein the system further comprises: the first attachment point connecting to a first terminal (see part of attachment that connects to terminal 19); and a second attachment point, of the carrier assembly, connecting to a second terminal (see attachment point that connects to 9;Fig.7).
Regarding claim 4, Ludevig discloses:a carrier of the carrier assembly securing the rigid bar (see carrier in Rep.Fig.1 above).
Regarding claim 6, Ludevig discloses: the attachment point comprising a bolt secured to a carrier of the carrier assembly;and the attachment point comprising a nut fastened to the bolt to secure a terminal to the attachment point (see bolt assembly 19 that secures an end of an attachment point of 18 to a termial;Fig8).
Regarding claim 11, Ludevig discloses a system comprising: a surge protection device (6 and 7) comprising a connection point (bottom point of 7 that connects to rigid bar 18; see Fig.3);a carrier assembly ( see Rep.Fig1) juxtaposed to the surge protection device and comprising an interconnection point (see interconnection point that connects to 8) ,an attachment point ( see point that connects to 19) ,a rigid bar (18 and see rigid bar in Rep.Fig.1) connecting between an interconnection point and the attachment point ,wherein a proximal end of the rigid bar integrally forms the interconnection point and a distal end of the rigid bar comprises the attachment point ( see positioning of rigid bar between 19 and 8).
Regarding claim 13, Ludevig discloses wherein the attachment point is a first attachment point and wherein the system further comprises: the first attachment point connecting to a first terminal (see part of attachment that connects to terminal 19); and a second attachment point, of the carrier assembly, connecting to a second terminal (see attachment point that connects to 9;Fig.7).
Regarding claim 14, Ludevig discloses:a carrier of the carrier assembly securing the rigid bar (see carrier in Rep.Fig.1 above).
Regarding claim 16, Ludevig discloses: the attachment point comprising a bolt secured to a carrier of the carrier assembly;and the attachment point comprising a nut fastened to the bolt to secure a terminal to the attachment point (see bolt assembly 19 that secures an end of an attachment point of 18 to a termial;Fig8).
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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim (s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludevig as applied to claim 1 and 11 above, and further in view of Barcey et al. (US 10468871 B2) hereinafter Barcey.
Regarding claim 7 and 17, Ludevig fails t to specifically disclose a surge protection plug, a base element, and a rail adapter, wherein the base element comprises the connection point of the surge protection device.
Barcey discloses a surge protection plug (140;Fig.3), a base element (see 362 and 370) , and a rail adapter (240, wherein the base element comprises the connection point of the surge protection device (362 and 370 receive a surge protector).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to use the teachings of Barcey with the surge protector of Ludevig in order to perform circuit operations.
Claim (s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludevig as applied to claim 1 and 11 above, and further in view of Yuan (CN 108872787 A).
Regarding claim 9 and 19, Ludevig fails to specifically disclose a panel affixed to a tower.
Yauan discloses a panel (1) affixed to a tower ( 3;Fig.1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to use the teachings of Yuan with the surge protector of Ludevig in order to perform circuit operations.
Claim (s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ludevig in view of Yuan.
Regarding claim 20, Ludevig discloses method comprising installing a rigid bar ( see Rep.Fig.1 above) to a carrier ( see carrier in Rep.Fig.1 above) to form a carrier assembly,
carrier assembly ( see Rep.Fig1) juxtaposed to the surge protection device and comprising an interconnection point (see interconnection point that connects to 8) ,an attachment point ( see point that connects to 19) ,a rigid bar (18 and see rigid bar in Rep.Fig.1) connecting between an interconnection point and the attachment point ,wherein a proximal end of the rigid bar integrally forms the interconnection point and a distal end of the rigid bar comprises the attachment point ( see positioning of rigid bar between 19 and 8) and attaching the carrier assembly to the surge protection device (carrier is attached to a surge protection circuit which is not shown in drawings).
Ludevig fails to specifically disclose securing a surge protection device within a panel.
Yauan discloses a panel (1) with a surge protection device attached (see surge protection device attached to 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to use the teachings of Yuan with the surge protector of Ludevig in order to perform circuit operations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETE LEE whose telephone number is (571) 270-5921. The examiner can normally be reached on Monday-Friday (2nd & 4th Friday Off). If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Timothy Dole can be reached at (571) 272-2229 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/PETE T LEE/Primary Examiner, Art Unit 2847
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