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 .
Claim Rejections - 35 USC § 112
Claim 9 is 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.
The following claims are vague, indefinite, awkwardly, confusingly worded and/or lacking proper antecedent basis:
“a first planar surface” in claim 9. The limitation has been previously mentioned.
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.
Claim(s) 1-4 and 8-9 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Rosing 8316777.
Rosing discloses the claimed invention as recited in the claims as shown below:
A support securing device Fig.1 for securing items wherein said device is arcuately shaped 1000
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The support securing device of claim 1 wherein said device includes a first planar surface 31 formed by the device's periphery and a second planar surface 2000 recessed 50 within said first planar surface.
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The support securing device of claim 2 wherein said device is arcuately shaped and includes a first planar surface formed by the device's periphery and a second planar surface recessed 50 within said first planar surface.
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4. The support securing device of claim 3 wherein said second planar surface includes a passage 33 for a locking member 63 to hold items within said recess, said locking member comprises a locking end and a working end.
8. A support securing device wherein said device includes a first planar surface 31 formed by the device's periphery and a second planar surface recessed 50 within said first planar surface.
9. The support securing device of claim 8 wherein said device includes a first planar surface formed Fig.1 by the device's periphery and a second planar surface forming a recess 50 within said first planar surface.
10. The support securing device of claim 9 wherein said second planar surface includes a passage 33 for a locking member 63 and the member device to hold items within said recess.
Allowable Subject Matter
Claims 14-20 are allowed.
Claims 5-7 and 11-13 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The 892 form discloses the prior art being made of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 January 29, 2026