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 .
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.
DETAILED ACTION
This is the Final action for application #18/382408, Bracket Assembly For Fire Sprinkler Support Assembly, filed 10/20/2023. Claims 1-20 are pending. This Final Office Action is in response to applicant's reply dated 3/17/2026. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Specification
The specification is objected to because by deleting para [0037], the remaining paragraphs numbers are not in sequential order.
Claim Objections
Claim 14 is objected to because of the following informalities: The sections defining “a first bracket assembly” and “a second bracket assembly” were indented below the section defining the bracket bar, but were not marked accordingly. Additionally, the indentations do not make sense since the bracket assemblies are not further defining the bracket bar. The Examiner suggests removing the indentations. Since the indentations were not marked to show amendment to the claim, claim 14 should be canceled and a new claim should be added with the same subject matter. The dependencies of the dependent claims must be amended. 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 1-20 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.
Regarding Claims 1 and 14, there is no antecedent basis for “the width”.
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.
(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 1-5, 10, 13-15, and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2014/0117188 (Wronski).
Regarding Claim 1, as best understood, Wronski teaches a bracket assembly (144; Figures 3A-3C) comprising:
an inner plate (148; Figure 3A) defining a first end (upper end) and a second end (edge that 149 extends from) opposite the first end of the inner plate;
an outer plate (146; Figure 3B) defining a first end (upper end) and a second end (portion containing the apertures 147) opposite the first end of the outer plate, the outer plate substantially parallel with the inner plate (as depicted in Figure 3C); and
a seating frame comprising:
a first member (156) extending from the second end of the inner plate (148), the first member (156) defining a first free end (lower end 158; Figure 3C) distal to the inner plate;
a second member (structure below apertures 147; Figure 3B) extending from the second end of the outer plate and wider than the width of the first member (156; Figure 3A), the second member defining a second free end (free end of 152) distal to the outer plate, wherein the seating frame is configured to receive a beam (105; Figure 15) between the first member and the second member (Figure 15; para [0040] teaching attaching at each end to T-grids 105); and
a first fastener (153a) extending through one of the first member or the second member and configured to engage the beam (105) to retain the seating frame on the beam (Figure 15; last sentence of para [0054]).
Regarding Claim 2, as best understood, Wronski teaches the bracket assembly of claim 1, wherein at least one of the first free end (158) and the second free end (free end of 152) is angled away from the other of the first free end and the second free end (Figure 3C), such that a distance between the first member and the second member increases towards the first and second free ends (as depicted).
Regarding Claim 3, as best understood, Wronski teaches the bracket assembly of claim 2, wherein the first free end (158) is angled away from the second free end (free end of 152) and the second free end (free end of 152) is angled away from the first free end (158; see Figure 3C).
Regarding Claim 4, as best understood, Wronski teaches the bracket assembly of claim 1, wherein:
the second member (lower end of 146 below the apertures 147) defines a first section (158a; Figures 3B-3C,7B), a second section (portion below 158a that includes a bend), and a third section (horizontal portion extending outwardly from the bend);
the first section (158a) extends towards the inner plate (148; Figure 3C);
the second section (portion below 158a that includes a bend) is disposed between the first section (158a) and the third section (horizontal portion extending outwardly from the bend); and
the third section (horizontal portion extending outwardly from the bend) defines the second free end (Figure 7B).
Regarding Claim 5, as best understood, Wronski teaches the bracket assembly of claim 4, wherein the first section (158a) comprises an arm, the arm defining an arm free end (upwardly/inwardly extending end in Figure 3C) distal to the second section (bend that connects to 152; Figures 3B,7B).
Regarding Claim 10, as best understood, Wronski teaches the bracket assembly of claim 1, further comprising an upper wall (upper horizontal wall) extending between the first end (upper end) of the inner plate (148) and the first end (upper end) of the outer plate (146; Figure 3A).
Regarding Claim 13, as best understood, Wronski teaches the bracket assembly of claim 1, wherein the first fastener (153a) is a screw (Figure 15).
Regarding Claim 14, as best understood, Wronski teaches a fire sprinkler support assembly comprising:
a first beam (105; Figure 15);
a second beam (105; para [0040] and [0048] teaching a bracket at opposing ends of a bar member to attach to parallel support members such as ceiling T-grids);
a bracket bar (120/160) extending transversely to the first beam and the second beam (para [0040] and [0048]; Figure 2);
a first bracket assembly (144 on one end of the bracket bar) coupled to the bracket bar (120/160; Figure 2) and comprising a first inner plate (148), a first outer plate (146 up to the apertures 147), and a first seating frame (lower portion of 144 below apertures 147 and arms 149), the first seating frame mounting the first bracket assembly on the first beam (105), wherein at least a portion (152; Figure 3B) of the first seating frame (the structure below the apertures 147; Figure 3B) is wider than the width of the first inner plate (148) and the first outer plate (148; see Figure 3B showing portion 152 clearly extending to the right wider than both 146 and 148);
a second bracket assembly (144 on opposite end of the bracket bar) coupled to the bracket bar (120/160) and comprising a second inner plate (148), a second outer plate (146 up to the apertures 147), and a second seating frame (lower portion of 144), the second seating frame mounting the second bracket assembly on the second beam (105), wherein at least a portion (152; Figure 3B) of the second seating frame (the structure below the apertures 147; Figure 3B) is wider than the width of the second inner plate (148) and the second outer plate (148; see Figure 3B showing portion 152 clearly extending to the right wider than both 146 and 148; Figure 2 showing the first and second bracket assemblies being the same in structure with the inner plates facing each other); and
a hub connector (110) mounted to the bracket bar (120/160) between the first bracket assembly (144 on one end) and the second bracket assembly (144 on opposite end).
The Examiner notes that the support assembly being for a fire sprinkler is not given patentable weight since the fire sprinkler itself is not positively claimed and since it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987). Wronski teaches that the support assembly may be used to support other devices than those depicted (para [0040]). It is clear that a fire sprinkler head could be supported using the support assembly of Wronski in the same manner that 108 is supported, and therefore the claim is anticipated.
Regarding Claim 15, as best understood, Wronski teaches the fire sprinkler support assembly of claim 14, wherein the first bracket assembly (144) is coupled to a first bar end of the bracket bar (120/160) and the second bracket assembly (144) is coupled to a second bar end of the bracket bar (120/160) opposite the first bar end (Figure 2).
Regarding Claim 20, as best understood, Wronski teaches the fire sprinkler support assembly of claim 14, wherein:
the first seating frame (lower end of one of the assemblies 144) comprises:
a first inner member (156; Figure 3A) extending from the first inner plate (148) and defining a first inner free end (158) distal to the first inner plate; and
a first outer member (structure below apertures 147; Figure 3B) extending from the first outer plate (146), the first outer member defining a first outer free end (free end of 152) distal to the first outer plate (Figure 3C);
the second seating frame (lower end of an opposite one of the assemblies 144) comprises:
a second inner member (156; Figure 3A) extending from the second inner plate (148) and defining a second inner free end (158) distal to the second inner plate; and
a second outer member (structure below apertures 147; Figure 3B) extending from the second outer plate (146), the second outer member defining a second outer free end (free end of 152) distal to the second outer plate (Figure 3C; Figure 2 showing that assemblies 144 on either end of the bar have the same structure);
the first beam (105) is received between the first inner member and the first outer member (Figure 15); and
the second beam (105) is received between the second inner member and the second outer member (Figure 15 depicting the engagement of the seating frame with the beam; para [0040] and [0048] teaching that bracket assemblies on opposing ends of the bracket bar each engage respectively with parallel support members such as T-grids 105).
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 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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wronski.
Regarding Claim 6, as best understood, Wronski teaches the bracket assembly of claim 5, but does not specifically teach wherein at least a portion of the arm is curved. However, by viewing Figures 3B and 7B it is clear that the arm (158a) is bent inwardly and the bend is depicted by two horizontal lines on the lower end of 158a in Figure 3B. Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success that since the arm is bent inward, at least that bent portion would be curved since bends have curvature.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wronski in view of US 9,004,421 (Feenstra).
Regarding Claim 12, as best understood, Wronski teaches the bracket assembly of claim 10, wherein the upper wall (wall at the upper end of 144 that connects 146 to 148) is oriented about horizontally (Figure 3C), but does not specifically teach wherein each of the inner plate and the outer plate are oriented at an acute angle relative to horizontal. However, Feenstra, which is also drawn to a bracket assembly (Figure 5) with opposing inner and outer plates (92/96) having a seating frame at a lower end to receive a beam (Figure 1), further teaches wherein each of the inner plate and the outer plate are oriented at an acute angle relative to horizontal (Figure 3 teaching 60 degrees to the horizontal). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of skill in the art with a reasonable expectation of success to angle the plates of Wronski as taught by Feenstra since this would allow easier access to the first fastener by an installer since the screw would be angled downward for easy turning (col 5, ln 27-40 of Feenstra).
Allowable Subject Matter
Claims 7-9, 11, and 16-19 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.
Response to Arguments
The Examiner has considered all arguments but they are moot due to new grounds of rejection necessitate by amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to INGRID WEINHOLD whose telephone number is (571)272-8822. The examiner can normally be reached on Monday - Tuesday 7:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/INGRID M WEINHOLD/
Primary Examiner, Art Unit 3632
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