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 . The previous Office Action in this application is replaced/superseded by this Office Action.
Second Action Non-FInal
Per the Interview on 6/17/26, Applicant’s amendment did not necessitate the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS NON-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 (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)(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 14-15 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent #11,511,678 to Johnstun (Johnstun). Johnstun discloses:
With Respect to Claim 14
A mounting system for mounting an accessory on a vehicle, the mounting system comprising: a base (18, FIGS. 2B-C and 3A) including: a foot portion (flanges 42 and structure connecting them to upper wall 46) configured to be selectively connectable to the vehicle (capable of this use which is also the intended use); a first interface portion (upper wall 46) extending from the foot portion, and having a retainer (32 and portions forming 32, i.e. physical structure forming the hole); and a stopping assembly comprising: a stopping member (84, alone or in combination with 88) moveable between a stopping position 9FIG. 3C) and a releasing position (not shown, but when lever 92 is lifted it lifts 84 to release); and a biasing member (82) operatively connected to the stopping member for biasing the stopping member toward the stopping position (Fig. 3C), an interchangeable swivel member including: a second interface portion (98, 100) selectively connectable to the first interface portion in at least two orientations (It can take on four orientations as 98 and 100 can enter 30A/B in two orientations each), and an accessory portion (top of cover 63 and/or 64); with the first interface portion being connected to the second interface portion (see, e.g. FIG. 4E), 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 (direction along 30A or B, see e.g. FIG. 4H); and the retainer (32) stops the interchangeable swivel member from moving relative to the base in a second direction and a third direction (noting it stops horizontal or vertical movement perpendicular to the opening in positions between the 4E and 4G positions due to abutment with 98, 100), 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 can move along the opening in the elongated direction of the opening, see e.g. FIGS. 4F/G), 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. after moving along the elongated opening in the first direction until 98 and 100 are at the position of the central opening 32 it can be removed in the third direction through the central opening 32, see e.g. FIGS. 4B-C).
With Respect to Claim 15
The mounting system of claim 14, wherein: the base defines a base axis (vertical axis in e.g. FIG. 4G.) extending through the first interface portion; the first direction extends along a first axis (left right horizontal axis in the FIG. 4G orientation) orthogonal to the base axis; the second direction extends along a second axis orthogonal to the base and first axes (i.e. axis through the page in FIG. 4G); and the third direction extends along a third axis parallel to the base axis (i.e. a different vertical axis).
With Respect to Claim 19
The mounting system of claim 14, wherein the accessory portion includes at least one of: a belt, a shovel, an axe, a frame member, a retention member, and a light (it includes at least a retention member (64).
With Respect to Claim 20
The mounting system of claim 14, wherein the biasing member is a spring.
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 (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 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.
Claims 16 are rejected under 35 U.S.C. 103 as being unpatentable over Johnstun.
With Respect to Claim 16
The mounting system of claim 14, wherein: the stopping member (84, 88) has a stopping portion (bottom of 88) configured to abut part of the second interface portion when the stopping member is in the stopping position (inherent as there is nothing between 88 and the bottom wall of 60, and nothing preventing such abutment, it is noted that some minimal spacing is shown in FIG. 3C but this appears to be for visual reasons and the drawings are also not disclosed as being to scale), and the second interface portion defines a passage (interior passage of 60) for receiving the stopping portion when the stopping member is in the releasing position (FIGS. 3B-D, see also FIG. 5F showing a different embodiment in the releasing position).
Alternately, although Examiner maintains the position that abutment is inherent in the physical structure as shown, as to the stopping portion configured to abut part of the second interface portion when the stopping member is in the stopping position, to the degree that this is not explicitly disclosed or shown, having it do so is obvious as there is nothing disclosed to space 88 from the bottom of 60 and so having the two abut is obvious as there is no reason to add a structure to prevent such.
Allowable Subject Matter
Claims 17-18 and 21-26 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
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
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