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 .
Applicant’s submission, filed 14 August 2025, has been entered and acknowledged by the examiner.
Applicant's arguments filed 14 August 2025 have been fully considered but they are not persuasive.
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.
Claims 25-37, 39-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gienger et al. (USPN 20210328337).
With regard to claim 25,
Gienger et al. disclose in at least figures 12-14 an aiming device comprising: a crossarm attachment plate (420); an aiming plate (412); and at least a first wire channel (411) extending between the crossarm attachment plate and the aiming plate, wherein the crossarm attachment plate is capable of being attached to a crossarm, and the aiming plate is capable of being attached to an adjustable armature.
With regard to claim 26,
Gienger et al. disclose the aiming device of claim 25, wherein the crossarm attachment plate defines field facing indicia (grooves in edge of 420).
With regard to claim 27,
Gienger et al. disclose the aiming device of claim 26, wherein the field facing indicia includes one or more grooves disposed near or on a field facing surface (grooves in edge of 420).
With regard to claim 28,
Gienger et al. disclose the aiming device of claim 25, wherein the crossarm attachment plate defines a plurality of fastener receiving apertures (see figures).
With regard to claim 29,
Gienger et al. disclose the aiming device of claim 28, wherein the plurality of fastener receiving apertures defines a square pattern (see figures, apertures corresponding to 205).
With regard to claim 30,
Gienger et al. disclose the aiming device of claim 28, wherein the plurality of fastener receiving apertures defines a rectangular pattern (see figures, apertures corresponding to 205).
With regard to claim 31,
Gienger et al. disclose the aiming device of claim 25, wherein the first wire channel includes an inner cylindrical tube (411).
With regard to claim 32,
Gienger et al. disclose the aiming device of claim 25, wherein the first wire channel includes an outer cylindrical tube (117).
With regard to claim 33,
Gienger et al. disclose the aiming device of claim 32, wherein the inner cylindrical tube is inserted into the outer cylindrical tube (see figures 12).
With regard to claim 34,
Gienger et al. disclose the aiming device of claim 25, wherein the aiming plate defines at least a first angle indicator (one 415).
With regard to claim 35,
Gienger et al. disclose the aiming device of claim 34, wherein the aiming plate further defines a second angle indicator (other 415).
With regard to claim 36,
Gienger et al. disclose the aiming device of claim 35, wherein the first angle indicator and the second angle indicator define a pair of shelves that face in the same direction (see figure 12).
With regard to claim 37,
Gienger et al. disclose the aiming device of claim 25, wherein the aiming plate defines a plurality of fastener receiving holes (see figures 12).
With regard to claim 39,
Gienger et al. disclose the aiming device of claim 25, wherein the crossarm attachment plate defines a first wire channel receiving aperture (see figures 12).
With regard to claim 40,
The aiming device of claim 25, wherein the aiming plate defines a wire channel receiving hole (see figures).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Gienger et al. (USPN 2021/0328337).
With regard to claim 38,
Gienger et al. disclose the aiming device of claim 25. While Gienger et al. do not disclose the thickness of the aiming plate, a thickness of 0.200 inches to 0.300 inches was well within the ability of one of ordinary skill in the art at the time of the invention and would have been obvious to the same to try in order to optimize tradeoffs in weight and rigidity.
Response to Arguments
While the applicant argues that the crossarm attachment plate of Gienger et al. is not configured to be attached to a crossarm nor the aiming plate to be attached to an adjustable armature, intended use limitations are considered anticipated if the prior art structure is capable of being used as claimed, as is the case in the instant application, as the elements to which the claimed structure is capable of being attached does not limit the structure in such a manner as to exclude that of the plates of Gienger et al.
Conclusion
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 Raabe whose telephone number is (571)272-8434. The examiner can normally be reached M-F 0530-1430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached at (571)272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER M RAABE/Primary Examiner, Art Unit 2875