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 .
Amendment filed 7/14/2025 has been entered. Claims 1-20 remain pending in the present application.
Claim Objections
Claims 7-8 are objected to because of the following informalities: Claims 7-8 should be amended to read “the first end” and “the second end” since claim 1 has been amended to specify the first and second end. Appropriate correction is required.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Heppler US 9518683 (hereinafter Heppler).
Re. Cl. 1, Heppler discloses: A multiple-pipe support device (Fig. 7) comprising: a body (300, Fig. 7) comprising a first end (see top end of 300, Fig. 7), a second end (see bottom end of 300, Fig. 7) of a first opening (see Fig. 7, where 330-1 passes through), a first fastener (330-1, Fig. 7), a second fastener (330-4, Fig. 7), a first pipe support (325-1, Fig. 7), and a second pipe support (325-4, Fig. 7).
Re. Cl. 2, Heppler discloses: the first fastener is comprised of a threaded bolt (see 330-1, Fig. 7).
Re. Cl. 3, Heppler discloses: the second fastener is comprised of a threaded bolt (see 330-4, Fig. 7).
Re. Cl. 4, Heppler discloses: the first fastener secures the first pipe support to the body (see Fig. 7).
Re. Cl. 5, Heppler discloses: the second fastener secures the second pipe support to the body (see Fig. 7).
Re. Cl. 6, Heppler discloses: the second pipe support can rotate 180 degrees around the second fastener (see Fig. 7, the support 325-4 can rotate about 330-4 until it engages with 325-3 in both directions which is greater than 180 degrees).
Re. Cl. 7, Heppler discloses: the first pipe support is positioned at a first end of the body (see Fig. 7, top end of the body 300).
Re. Cl. 8, Heppler discloses: the second pipe support is positioned at second end of the body (see Fig. 7, lower end of body 300).
Re. Cl. 9, Heppler discloses: the first fastener and the first pipe support form a second opening (see Fig. 7, where a pipe would fit within between 330-1 and 325-1).
Re. Cl. 10, Heppler discloses: the second fastener and the second pipe support form a third opening (see Fig. 7, where a pipe would fit within between 330-4 and 325-4).
Re. Cl. 11, Heppler discloses: A multiple-pipe support device (Fig. 7) comprising: a body (300, Fig. 7) comprised of a first end and a second end (see Fig. 7, top and bottom ends); a first opening positioned on the body at the first end (see Fig. 7, where 330-1 passes through); a second opening positioned on the body (see Fig. 7, where 330-2 passes through); a third opening positioned on the body (see Fig. 7, where 330-4 passes through); a first fastener (330-2 Fig. 7); a second fastener (330-4, Fig. 7); a first pipe support (325-2, Fig. 7) comprised of a fourth opening (see Fig. 7, where 330-2 passes through); and a second pipe support (325-4, Fig. 7) comprised of a fifth opening (see Fig. 7, where 330-4 passes through).
Re. Cl. 12, Heppler discloses: the second fastener is positioned through the third opening and the fifth opening (see Fig. 7).
Re. Cl. 13, Heppler discloses: the first fastener is positioned through the second opening and the fourth opening (see Fig. 7).
Re. Cl. 14, Heppler discloses: the first fastener is comprised of a threaded bolt (see Fig. 7).
Re. Cl. 15, Heppler discloses: the second fastener is comprised of a threaded bolt (see Fig. 7).
Re. Cl. 16, Heppler discloses: the first fastener and the first pipe support form a sixth opening (see Fig. 7, where a pipe would be received).
Re. Cl. 17, Heppler discloses: the second fastener and the second pipe support form a seventh opening (see Fig. 7, where a pipe would be received).
Re. Cls. 1 and 11, Heppler does not explicitly show in the embodiment of Fig. 7 that the first end comprises an opening configured to receive a screw for securing the first end to a structural element of a building. Heppler does however disclose a different embodiment (Fig. 6) which includes a body (245) having a first end (250) comprising an opening (251) configured to receive a screw for securing the first end to a structural element of a building (see Fig. 6 and Col. 3, Lines 40-44, the opening 251 is configured to receive a screw due to its open configuration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment shown in Fig. 7 to include the opening shown in Fig. 6 with reasonable expectation of success since Heppler states that the bracket shown in Fig. 6 is suitable for various embodiments of the invention and the opening enables the device to be secured to a rigid member (e.g. a ceiling beam) (Col. 3, Lines 35-44).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Heppler in view of Mooney US 4101103 (hereinafter Mooney).
Re. Cl. 18, Heppler discloses: A method of using a multiple-pipe support device (Fig. 7 and Col. 3 Line 53-Col. 4, Line 4), the method comprising the following steps: providing a multiple-pipe support device comprised of a body (300, Fig. 7) comprised of a first fastener (330-1, Fig. 7), a second fastener (330-4, Fig. 7), a first pipe support member (325-1, Fig. 7), and a second pipe support member (325-4, Fig. 7); placing a first pipe between the first pipe support and the first fastener (see Fig. 7, the pipe would be placed with 325-1); placing a second pipe between the second pipe support and the second fastener (see Fig. 7, the pipe would be placed with 325-4); placing a third fastener (330-3, Fig. 7) through an opening of the body (see Fig. 7, through 320-1 of the body 300) to secure the body to a surface (see Fig. 7, secured to the surface of 325-3).
Re. Cl. 19, Heppler discloses: the first pipe is positioned vertically between the first pipe support member and the first fastener (see Fig. 7).
Re. Cl. 20, Heppler discloses: the second pipe is positioned vertically between the second pipe support member and the second fastener (see Fig. 7).
Re. Cl. 18, Heppler does not disclose the particular embodiment shown in Fig. 7 as being secured using a first end of the body to a structural element of a building with a screw through an opening in the first end of the body. Heppler discloses a different embodiment (Fig. 6) which includes a body (245) having a first end (250) comprising an opening (251) configured for securing the first end to a structural element of a building (see Fig. 6 and Col. 3, Lines 40-44) but does not explicitly discuss the use of a screw which secures the first end to the structural element. Mooney discloses a method of using a pipe support (Fig. 1) which includes a body (12) having a first end (14) including an opening (17) which receives a screw (19) securing the first end to a structural element of a building (see 18, Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment shown in Fig. 7 of Heppler to include the opening and screw combination of Mooney with reasonable expectation of success since Mooney states that such a modification secures the device to an overhead support such as a beam, ceiling (Col. 3, Lines 26-30).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dodson US 2004/0056156, Hardtke US 7320448, Roth US 6505796, Smith US 2023/0178971, Thackeray US 9127787, Thackeray US 2009/0321587, and Thomas US 2012/0318934 disclose other known multiple pipe support devices which are presented to the Applicant for their consideration.
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632