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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/3/26 has been entered.
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 23 and 25 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.
With Respect to Claim 23
The phrase "cross-like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "-like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claim 25
The scope of the phrase “generally define a T-shape” is unclear, specifically it is unclear how different the shape can be from a T-shape or how much the parts must “define” the T-shape (e.g. does defining for example one side of the vertical line of a T-shape constitute generally defining a T-shape? does defining the top and a side of the top line of the T-shape?).
The remainder of this office action is based on the invention as best understood by Examiner.
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.
Claims 14-15 and 18-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent #5,332,183 to Kagayama (Kagayama). Kagayama discloses:
With Respect to Claim 14
A mounting system for mounting an accessory on a vehicle, the mounting system comprising: a base including: a foot portion (5, FIG. 1) configured to be selectively connectable to the vehicle; a first interface portion (3 and 7a/b) extending from the foot portion, and having a retainer (7a/b); and a stopping assembly comprising: a stopping member (19-20, 37a/b) moveable between a stopping position and a releasing position (FIGS. 6-11 and description); and a biasing member (21) operatively connected to the stopping member for biasing the stopping member toward the stopping position, an interchangeable swivel member (15) including: a second interface portion (17a/b and related structure) selectively connectable to the first interface portion in at least two orientations (locked configuration and any sliding position towards release), and an accessory portion (23 and/or the fastener that connects 29 and/or 29); with the first interface portion being connected to the second interface portion, and in response to the stopping member being in the stopping position: the stopping member stops the interchangeable swivel member from moving relative to the base in a first direction (it prevents it from moving in the elongated direction of the grooves 7a/b); and the retainer (7a/b) stops the interchangeable swivel member from moving relative to the base in a second direction and a third direction (they prevent movement to the left/right or up/down), the second direction being different from the first direction, and the third direction being different from the first and second directions; in response to the stopping member being in the releasing position: the interchangeable swivel member is free to move relative to the base in the first direction (i.e. it is released to move along 7a/b towards release from the base), and in response to the interchangeable swivel member being moved relative to the base in the first direction, the interchangeable swivel member being free to move relative to the base in at least the third direction (i.e. it is moved off of 7a/b and then can be moved in any direction).
With Respect to Claim 15
The mounting system of claim 14, wherein: the base defines a base axis extending through the first interface portion; the first direction extends along a first axis orthogonal to the base axis; the second direction extends along a second axis orthogonal to the base and first axes; and the third direction extends along a third axis parallel to the base axis.
With Respect to Claim 18
The mounting system of claim 14, wherein the retainer (7a/b) defines a gap between an upper surface of the base and a lower surface of the retainer, the gap being configured to receive part of the second interface portion therein (i.e. the portion of the second interface portion below 17a/b is received between the bottom of the upper portion of 7a/b and the base).
With Respect to Claim 19
The mounting system of claim 14, wherein the accessory portion (23 and/or the fastener that connects the headlamp and/or the headlamp) includes at least one of : a belt, a shovel, an axe, a frame member, a retention member, and a light (capable of holding at least the frame member, retention member, and light, which is also the intended use noting that the accessory member includes a frame member 23, a retention member (the fastener) and a light (headlamp)).
With Respect to Claim 20
The mounting system of claim 14, wherein the biasing member is a spring.
With Respect to Claim 21
The mounting system of claim 14, wherein the second interface portion (17a/b and related structure) includes a housing segment (main body 16 enclosing 17a/b and related structure is a housing segment), and an engaging segment (bottom of groove 17a/b, alone or in combination with the sides of the bottom opening) partially received in the housing segment (as it is interior thereto).
With Respect to Claim 22
The mounting system of claim 21, wherein the housing segment defines an inner space with a ceiling (top of groove 17a/b) and a shoulder (vertical wall of groove 17a/b), and the engaging segment abuts the shoulder and is spaced from the ceiling (see, e.g. FIG. 8, noting that the ceiling of 17b is not shown in that view but e.g. FIG. 6 demonstrates its presence).
With Respect to Claim 23
The mounting system of claim 22, wherein the engaging segment defines a cross-like recess configured to engage with the first interface portion (at least inasmuch as it defines a portion of a cross-like recess with the shoulder, ceiling, and the bottom opening, see e.g. FIG. 8 or 11).
Alternately, taking the engaging segment to include the bottom of both grooves 17a/b, the sidewalls of the bottom opening, and the sidewalls of one of the grooves 17/ab, the structure of this engaging segment entirely defines on its own a recess that is more cross-like.
With Respect to Claim 24
The mounting system of claim 22, wherein the engaging segment defines a first passage connected to a first opening, a second passage connected to a second opening, a third passage connected to a third opening, and a fourth passage connected to a fourth opening (e.g. left front passage to left front opening, right front passage to right front opening, rear passage towards rear opening that receives 19, bottom passage to bottom opening).
With Respect to Claim 25
The mounting system of claim 24, wherein the first passage and the first opening generally define a T-shape, the second passage and the second opening generally define a T-shape, the third passage and the third opening generally define a T-shape, the fourth passage and the fourth opening generally define a T-shape (it is Examiner’s position that the structure meets these limitations, e.g. the opening for 19 is generally T-shaped, the opening at the end of 17a or 17b are also generally T-shaped as they are each shaped similar to a T as shown in FIG. 1, and the bottom opening and passage generally define a T-shape with the ceiling and shoulder).
With Respect to Claim 26
The mounting system of claim 24, wherein the first, second, third and fourth passages intersect at a center of the housing segment (as they all meet at this location).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kagayama as applied to claim 14 above, alone or further in view of U.S. Patent #9,701,354 to Cheng (Cheng).
With Respect to Claim 16
The mounting system of claim 14, but discloses that the stopping portion abuts part of the first interface portion in the stopping position and the first interface portion defines a passage for receiving the stopping portion when the stopping member is in the releasing position (see, e.g. FIGS. 10-11, noting passage between 7a/b), and so does not disclose wherein: the stopping member has a stopping portion configured to abut part of the second interface portion when the stopping member is in the stopping position, and the second interface portion defines a passage for receiving the stopping portion when the stopping member is in the releasing position.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to modify the structure to locate the stopping member on the first interface portion rather than the second interface portion (with related modifications to maintain the locking functionality such as moving 9a/b to 17a/b), as doing so constitutes at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04). It is Examiner’s position that the combination will include a passage (central passage between 17a/b) for receiving the stopping portion when the stopping member is in the releasing position in order to allow the first and second interface members to disconnect.
Alternately, Cheng discloses a similar quick release attachment where the stopping portion is located on the first interface portion, which provides additional motivation for or evidence of the obviousness of this modification.
With Respect to Claim 17
The mounting system of claim 16, wherein the second interface portion defines an opening (17a/b) connected to the passage, the opening being sized to receive the retainer (7a/b) therethrough.
Response to Arguments
Applicant’s arguments with respect to claims 14-26 have been considered but are largely moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
For clarity, Applicant’s arguments that the amendments overcome the previous rejection in the Final Office Action of 10/3/25 are persuasive; however, in view of the amended claim language, new grounds of rejection using the prior art of record were applicable, see the rejection of the claims above for details.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734