DETAILED ACTION
This is a non-final Office action in response to the RCE filed 02/10/2026.
Status of Claims
Claims 1-18 are pending;
Claim 1 is currently amended; claims 2-18 were previously presented;
Claims 1-5 and 7-18 are rejected; claim 6 is objected to.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed 02/10/2026 has been entered.
Response to Arguments
Applicant's arguments with respect to Gordin et al. (US 8,789,967 B2), hereinafter Gordin, on pages 8 and 9 of the remarks filed 02/10/2026 have been fully considered but they are not persuasive. In particular, Applicant argues that the particular flat portion (Gordin: 213, fig 3B, see annotation) of Gordin, broadly and reasonably interpreted by the Examiner as a front flat portion, is an inner side surface and further identifies some other flat portion as an actual front flat portion (remarks, pages 8 and 9). The Examiner respectfully disagrees, since the orientational term "front" is dependent upon the arrangement of the modular apparatus (Gordin: 12, fig 3B) with respect to the viewer. For example, in the orientation of the modular apparatus as shown in Figure 4A, at least two flat portions (Gordin: 213, 219, fig 7B, see annotation) are arranged in the front-rear directions with respect to the reader or viewer. As such, one of ordinary skill in the art would broadly and reasonably consider the flat portion arranged more forwardly in the front-rear directions as a front flat portion (Gordin: 213, fig 7B, see annotation, also see Figure 4A) and the flat portion arranged more rearwardly in the front-rear directions as a rear flat portion (Gordin: 219, fig 7B, see annotation, also see Figure 4A).
Applicant's arguments with respect to Gordin et al. (US 8,789,967 B2), hereinafter Gordin, on page 10 of the remarks filed 02/10/2026 have been fully considered but they are not persuasive. In particular, Applicant argues that the particular bracket (Gordin: 21, fig 7B) of Gordin, broadly and reasonably interpreted by the Examiner as an aiming bracket, is a knuckle and that the particular flat plate (Gordin: 1210, fig 7B, see annotation) of Gordin, broadly and reasonably interpreted by the Examiner as an at least substantially flat aiming plate, is an attachment plate. The Examiner respectfully disagrees. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). One of ordinary skill in the art would broadly and reasonably consider the particular bracket (Gordin: 21, fig 7B) as an aiming bracket and the particular flat plate (Gordin: 1210, fig 7B, see annotation) as an at least substantially flat aiming plate.
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.
Claims 1, 7-13, and 15-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gordin et al. (US 8,789,967 B2), hereinafter Gordin, under a first interpretation.
Regarding claim 1, Gordin, under the first interpretation, discloses an assembly (10, fig 5D) comprising: a structural member (14, fig 5D); an aiming bracket (21, fig 7B; alternatively, 20, 21, 32, 34, 101, fig 7B), including an outer circular portion (210, fig 3B, see annotation) defining a circular axis (see Figures 4A and 7B), and a radial direction (see Figure 7B), the circular portion including a circular periphery (211, fig 3B, see annotation, also see Figure 7B) that is spaced a first radial distance from the circular axis (see Figure 7B), an annular boss (212, fig 7B, see annotation) centered on the circular axis (see Figures 2E and 7B), and a front flat portion (213, fig 7B, see annotation, also see Figure 3B; as shown in the orientation in Figure 4A, the front flat portion 213 is arranged more forwardly than the rear flat portion 219 in the front-rear directions with respect to the reader or viewer and therefore is broadly and reasonably considered as a front flat portion) that is spaced a second radial distance from the circular axis that is greater than the first radial distance (see Figures 3B and 7B); and an at least substantially flat aiming plate (1210, fig 7B, see annotation) defining an annular boss receiving aperture (1211, fig 7B, see annotation) and a first fastener receiving aperture (1212, fig 7B, see annotation) that is spaced radially away from the annular boss receiving aperture (see Figure 7B), the at least substantially flat aiming plate being configured to be interposed between the structural member and the aiming bracket (see Figures 5C, 5D, 7A, and 7B, the at least substantially flat aiming plate is configured to be interposed between the structural member 14 and the aiming bracket 12 [or, 20, 21, 32, 34, 101] via at least the fixture mounting portion 122, the threaded fasteners 101, and the nuts 102).
[AltContent: connector][AltContent: textbox (211 – Circular Periphery)]
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[AltContent: textbox (226 – Second Fastener Receiving Aperture)][AltContent: connector][AltContent: arrow][AltContent: textbox (210 – Outer Circular Portion)]
[AltContent: connector][AltContent: connector]
[AltContent: textbox (213 – Front Flat Portion)]
[AltContent: textbox (225 – First Fastener Receiving Aperture)]
[AltContent: textbox (1213 – Second Fastener Receiving Aperture)][AltContent: connector][AltContent: textbox (1210 – At Least Substantially Flat Plate)][AltContent: arrow]
[AltContent: textbox (1212 – First Fastener Receiving Aperture)]
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[AltContent: connector]
[AltContent: connector][AltContent: textbox (1211 – Annular Boss Receiving Aperture)]
[AltContent: connector][AltContent: textbox (218 – Second Web Portion)][AltContent: textbox (222 – Core Out Recesses)][AltContent: connector]
[AltContent: connector][AltContent: connector][AltContent: textbox (212 – Annular Boss)]
[AltContent: connector][AltContent: textbox (216 – Central Hub)][AltContent: textbox (214 – First Arcuate Slot)]
[AltContent: connector]
[AltContent: connector][AltContent: connector][AltContent: textbox (223 – Core Out Recesses)][AltContent: textbox (217 – First Web Portion)][AltContent: connector][AltContent: connector][AltContent: connector]
[AltContent: connector][AltContent: connector][AltContent: textbox (211 – Circular Periphery)]
[AltContent: arrow][AltContent: textbox (219 – Rear Flat Portion)][AltContent: textbox (215 – Second Arcuate Slot)]
[AltContent: textbox (221 – Undercut)][AltContent: connector][AltContent: textbox (220 – Rectangular Pocket)]
[AltContent: connector][AltContent: textbox (213 – Front Flat Portion)]
[AltContent: textbox (224 – Electrical Connector Receiving Aperture)]
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Regarding claim 7, wherein the aiming bracket defines a first arcuate slot (214, fig 7B, see annotation) and the first fastener receiving aperture of the aiming plate is disposed above the first arcuate slot (see Figure 7B).
Regarding claim 8, wherein the first aiming bracket defines a second arcuate slot (215, fig 7B, see annotation), and the aiming plate further defines a second fastener receiving aperture (1213, fig 7B, see annotation) that is disposed above the second arcuate slot (see Figure 7B).
Regarding claim 9, wherein the aiming bracket includes a central hub (216, fig 7B, see annotation) at least partially defined by the first arcuate slot and the second arcuate slot (see Figure 7B), the annular boss extends form the central hub (see Figure 7B), and the central hub is joined to the front flat portion and the outer circular portion by a first web portion (217, fig 7B, see annotation), and a second web portion (218, fig 7B, see annotation).
Regarding claim 10, wherein the first web portion at least partially defines the first arcuate slot and the second arcuate slot (see Figure 7B), and the second web portion at least partially defines the second arcuate slot (see Figure 7B).
Regarding claim 11, wherein the first aiming bracket further comprises a rear flat portion (219, fig 7B, see annotation), and the front flat portion and the rear flat portion define a rectangular pocket (220, fig 7B, see annotation) that is configured to receive an upper knuckle portion of a knuckle (see Figure 7B).
Regarding claim 12, wherein the rear flat portion of the aiming bracket defines an undercut (221, fig 7B) that is configured to receive and vertically trap the upper knuckle portion of the knuckle (see Figure 7B).
Regarding claim 13, wherein the aiming bracket defines a plurality of core out recesses (222, 223, fig 7B, see annotation) disposed radially about the first arcuate slot, and the second arcuate slot (see Figure 7B).
Regarding claim 15, wherein the aiming bracket includes an annular cylindrical pilot portion (32, fig 7B) that is configured to fit within a cavity of the upper knuckle portion of the knuckle (see Figure 7B).
Regarding claim 16, wherein the aiming bracket further defines an electrical connector receiving aperture (224, fig 7B, see annotation) that is disposed inside the annular cylindrical pilot portion (see Figure 7B).
Regarding claim 17, wherein the aiming plate is affixed to a top surface of the aiming bracket (see Figure 7A; note that the term "affix" is commonly defined as "[t]o secure to something; attach" at https://www.thefreedictionary.com/affix, last accessed 03/22/2025; the aiming plate 1210 is affixed, i.e., attached, to a top surface of the aiming bracket 21).
Regarding claim 18, wherein the aiming plate is adhered to a top surface of the aiming bracket (see Figure 7A; note that the term "adhere" is commonly defined as "[t]o stick fast to something; stay attached" at https://www.thefreedictionary.com/affix, last accessed 03/22/2025; the aiming plate 1210 is adhered, i.e., staying attached, to a top surface of the aiming bracket 21).
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.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Gordin et al. (US 8,789,967 B2), hereinafter Gordin, under a first interpretation, in view of Cutler et al. (US 2009/0116210 A1), hereinafter Cutler.
Regarding claim 2, Gordin, under the first interpretation, does not disclose the assembly, wherein the circular periphery includes a plurality of angle markings.
Cutler teaches an assembly (200, fig 4) comprising: an aiming bracket (210, fig 4, see annotation) including a curved periphery (211, fig 4, see annotation); and an aiming plate (220, fig 4, see annotation); wherein the curved periphery includes a plurality of angle markings (212, fig 4, se annotation); wherein the aiming plate includes an angle indicator (203, fig 4) extending to the curved periphery.
[AltContent: textbox (210 – Aiming Bracket)][AltContent: arrow]
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[AltContent: connector][AltContent: connector]
[AltContent: arrow][AltContent: textbox (211 – Curved Periphery)]
[AltContent: textbox (212 – Angle Markings)][AltContent: textbox (220 – Aiming Plate)]
Gordin and Cutler are analogous art because they are at least from the same field of endeavor, i.e., bracket assemblies. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the circular periphery (Gordin: 211, fig 7B, see annotation) with a plurality of angle markings (Cutler: 212, fig 7B, see annotation) and form the aiming plate (Gordin: 1210, fig 7B, see annotation) with an angle indicator (Cutler: 203, fig 4) extending to the circular periphery, as taught by Cutler, with a reasonable expectation of success. The motivation would have been to allow the installer or user to more precisely set the aiming angles (Gordin: col 7, lines 42-45). Therefore, it would have been obvious to combine Gordin, under the first interpretation, and Cutler to obtain the invention as specified in claim 2.
Regarding claim 3, wherein the aiming plate includes an angle indicator (Cutler: 203, fig 4) extending to the circular periphery (Cutler: see Figure 4; Gordin: see Figures 7A and 7B).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gordin et al. (US 8,789,967 B2), hereinafter Gordin, under a first interpretation, alone.
Regarding claim 14, Gordin, under the first interpretation, discloses the assembly, wherein the aiming bracket defines a first fastener receiving hole (225, fig 3B, see annotation), and a second fastener receiving hole (226, fig 3B, see annotation) spaced opposite to each other.
Gordin, under the first interpretation, does not disclose the assembly, wherein the aiming bracket defines a first fastener receiving hole, and a second fastener receiving hole spaced 180 degrees from the first fastener receiving hole about the circular axis.
Gordin is analogous art because it is at least from the same field of endeavor, i.e., bracket assemblies. Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to rearrange the first fastener receiving hole (225, fig 3B, see annotation) and the second fastener receiving hole (226, fig 3B, see annotation), such that the second fastener receiving hole is spaced 180 degrees from the first fastener receiving hole about the circular axis, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to accommodate consumers in need of different lighting area coverage. Therefore, it would have been obvious to modify Gordin, under the first interpretation, to obtain the invention as specified in claim 14.
Claims 1, 7-10, 13, 14, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gordin et al. (US 8,789,967 B2), hereinafter Gordin, under a second interpretation, alone.
Regarding claim 1, Gordin, under the second interpretation, discloses an assembly (10, fig 5D) comprising: a structural member (14, fig 5D); an aiming bracket (21, fig 7B; alternatively, 20, 21, 32, 34, 101, fig 7B), including an outer circular portion (210, fig 3B, see annotation) defining a circular axis (see Figures 4A and 7B), and a radial direction (see Figure 7B), the circular portion including a circular periphery (211, fig 3B, see annotation, also see Figure 7B) that is spaced a first radial distance from the circular axis (see Figure 7B), an annular boss (212, fig 7B, see annotation) centered on the circular axis (see Figures 2E and 7B), and a front portion (227, fig 7B, see annotation, also see Figure 3B, the front portion opposite to the circular periphery 211; when the modular apparatus 12 in the orientation in Figure 2E is rotated 180 degrees clockwise, the front portion 227 is arranged forwardly in the front-rear directions with respect to the reader or viewer and therefore is broadly and reasonably considered as a front portion) that is spaced a second radial distance from the circular axis that is greater than the first radial distance (see Figures 3B and 7B); and an at least substantially flat aiming plate (1210, fig 7B, see annotation) defining an annular boss receiving aperture (1211, fig 7B, see annotation) and a first fastener receiving aperture (1212, fig 7B, see annotation) that is spaced radially away from the annular boss receiving aperture (see Figure 7B), the at least substantially flat aiming plate being configured to be interposed between the structural member and the aiming bracket (see Figures 5C, 5D, 7A, and 7B, the at least substantially flat aiming plate is configured to be interposed between the structural member 14 and the aiming bracket 12 [or, 20, 21, 32, 34, 101] via at least the fixture mounting portion 122, the threaded fasteners 101, and the nuts 102).
[AltContent: connector][AltContent: textbox (211 – Circular Periphery)]
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[AltContent: connector][AltContent: textbox (225 – First Fastener Receiving Aperture)][AltContent: connector][AltContent: textbox (226 – Second Fastener Receiving Aperture)][AltContent: arrow][AltContent: textbox (210 – Outer Circular Portion)]
[AltContent: textbox (227 – Front Portion)]
[AltContent: connector][AltContent: connector]
[AltContent: textbox (1213 – Second Fastener Receiving Aperture)][AltContent: connector][AltContent: textbox (1210 – At Least Substantially Flat Plate)][AltContent: arrow]
[AltContent: connector][AltContent: textbox (1212 – First Fastener Receiving Aperture)]
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[AltContent: connector]
[AltContent: connector][AltContent: textbox (1211 – Annular Boss Receiving Aperture)]
[AltContent: connector][AltContent: textbox (218 – Second Web Portion)][AltContent: textbox (222 – Core Out Recesses)][AltContent: connector]
[AltContent: connector][AltContent: connector][AltContent: textbox (212 – Annular Boss)]
[AltContent: connector][AltContent: textbox (216 – Central Hub)][AltContent: textbox (214 – First Arcuate Slot)]
[AltContent: connector]
[AltContent: connector][AltContent: connector][AltContent: textbox (223 – Core Out Recesses)][AltContent: textbox (217 – First Web Portion)][AltContent: connector][AltContent: connector][AltContent: connector]
[AltContent: textbox (211 – Circular Periphery)]
[AltContent: textbox (215 – Second Arcuate Slot)]
Gordin, under the second interpretation, does not explicitly disclose the assembly, wherein the front portion is flat.
Gordin is analogous art because it is at least from the same field of endeavor, i.e., bracket assemblies. Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form the front portion (227, fig 7B, see annotation) with a flat shape, with a reasonable expectation of success, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The motivation would have been to provide a continuous flat surface for aesthetic effect. Therefore, it would have been obvious to modify Gordin, under the second interpretation, to obtain the invention as specified in claim 1.
Regarding claim 7, wherein the aiming bracket defines a first arcuate slot (214, fig 7B, see annotation) and the first fastener receiving aperture of the aiming plate is disposed above the first arcuate slot (see Figure 7B).
Regarding claim 8, wherein the first aiming bracket defines a second arcuate slot (215, fig 7B, see annotation), and the aiming plate further defines a second fastener receiving aperture (1213, fig 7B, see annotation) that is disposed above the second arcuate slot (see Figure 7B).
Regarding claim 9, wherein the aiming bracket includes a central hub (216, fig 7B, see annotation) at least partially defined by the first arcuate slot and the second arcuate slot (see Figure 7B), the annular boss extends form the central hub (see Figure 7B), and the central hub is joined to the front flat portion and the outer circular portion by a first web portion (217, fig 7B, see annotation), and a second web portion (218, fig 7B, see annotation).
Regarding claim 10, wherein the first web portion at least partially defines the first arcuate slot and the second arcuate slot (see Figure 7B), and the second web portion at least partially defines the second arcuate slot (see Figure 7B).
Regarding claim 13, wherein the aiming bracket defines a plurality of core out recesses (222, 223, fig 7B, see annotation) disposed radially about the first arcuate slot, and the second arcuate slot (see Figure 7B).
Regarding claim 14, Gordin, under the second interpretation, as modified with respect to claim 1, teaches the assembly, wherein the aiming bracket defines a first fastener receiving hole (225, fig 3B, see annotation), and a second fastener receiving hole (226, fig 3B, see annotation) spaced opposite to each other.
Gordin, under the second interpretation, as modified with respect to claim 1, does not teach the assembly, wherein the aiming bracket defines a first fastener receiving hole, and a second fastener receiving hole spaced 180 degrees from the first fastener receiving hole about the circular axis.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to rearrange the first fastener receiving hole (225, fig 3B, see annotation) and the second fastener receiving hole (226, fig 3B, see annotation), such that the second fastener receiving hole is spaced 180 degrees from the first fastener receiving hole about the circular axis, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. The motivation would have been to accommodate consumers in need of different lighting area coverage. Therefore, it would have been obvious to modify Gordin, under the second interpretation, to obtain the invention as specified in claim 14.
Regarding claim 17, wherein the aiming plate is affixed to a top surface of the aiming bracket (see Figure 7A; note that the term "affix" is commonly defined as "[t]o secure to something; attach" at https://www.thefreedictionary.com/affix, last accessed 03/22/2025; the aiming plate 1210 is affixed, i.e., attached, to a top surface of the aiming bracket 21).
Regarding claim 18, wherein the aiming plate is adhered to a top surface of the aiming bracket (see Figure 7A; note that the term "adhere" is commonly defined as "[t]o stick fast to something; stay attached" at https://www.thefreedictionary.com/affix, last accessed 03/22/2025; the aiming plate 1210 is adhered, i.e., staying attached, to a top surface of the aiming bracket 21).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Gordin et al. (US 8,789,967 B2), hereinafter Gordin, under a second interpretation, in view of Cutler et al. (US 2009/0116210 A1), hereinafter Cutler.
Regarding claim 2, Gordin, under the second interpretation, as modified with respect to claim 1, does not teach the assembly, wherein the circular periphery includes a plurality of angle markings.
Cutler teaches an assembly (200, fig 4) comprising: an aiming bracket (210, fig 4, see annotation) including a curved periphery (211, fig 4, see annotation); and an aiming plate (220, fig 4, see annotation); wherein the curved periphery includes a plurality of angle markings (212, fig 4, se annotation); wherein the aiming plate includes an angle indicator (203, fig 4) extending to the curved periphery.
[AltContent: arrow][AltContent: textbox (220 – Aiming Plate)][AltContent: textbox (211 – Curved Periphery)][AltContent: connector]
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[AltContent: textbox (210 – Aiming Bracket)]
[AltContent: connector]
[AltContent: arrow]
[AltContent: textbox (212 – Angle Markings)]
Cutler is analogous art because it is at least from the same field of endeavor, i.e., bracket assemblies. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the circular periphery (Gordin: 211, fig 7B, see annotation) with a plurality of angle markings (Cutler: 212, fig 7B, see annotation) and form the aiming plate (Gordin: 1210, fig 7B, see annotation) with an angle indicator (Cutler: 203, fig 4) extending to the circular periphery, as taught by Cutler, with a reasonable expectation of success. The motivation would have been to allow the installer or user to more precisely set the aiming angles (Gordin: col 7, lines 42-45). Therefore, it would have been obvious to combine Gordin, under the second interpretation, and Cutler to obtain the invention as specified in claim 2.
Regarding claim 3, wherein the aiming plate includes an angle indicator (Cutler: 203, fig 4) extending to the circular periphery (Cutler: see Figure 4; Gordin: see Figures 7A and 7B).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Gordin et al. (US 8,789,967 B2), hereinafter Gordin, under a second interpretation, in view of Oerder (US 2014/0270909 A1).
Regarding claim 4, Gordin, under the second interpretation, as modified with respect to claim 1, does not teach the assembly, wherein the front flat portion includes a plurality of angle markings.
Oerder teaches an assembly (see Figure 3) comprising: an aiming bracket (1, fig 3) including a front flat portion (1a, fig 3, see annotation); and an aiming member (2, fig 3); wherein the front flat portion includes a plurality of angle markings (1b, fig 3, see annotation); wherein the aiming member includes an angle indicator (2a, fig 3, see annotation) extending to the front flat portion.
[AltContent: textbox (1a – Front Flat Portion)]
[AltContent: connector]
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[AltContent: connector]
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[AltContent: textbox (1b – Angle Markings)]
[AltContent: textbox (2a – Angle Indicator)]
Oerder is analogous art because it is at least from the same field of endeavor, i.e., bracket assemblies. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the front flat portion (Gordin: 227, fig 7B, see annotation) with a plurality of angle markings (Oerder: 1b, fig 3, see annotation) and form the aiming plate (Gordin: 1210, fig 7B, see annotation) with an angle indicator (Oerder: 2a, fig 3, see annotation) extending to the front flat portion, as taught by Oerder, with a reasonable expectation of success. The motivation would have been to allow the installer or user to more precisely set the aiming angles (Gordin: col 7, lines 42-45). Therefore, it would have been obvious to combine Gordin, under the second interpretation, and Oerder to obtain the invention as specified in claim 4.
Regarding claim 5, wherein the aiming member includes an angle indicator (Oerder: 2a, fig 3, see annotation) extending to the front flat portion (Oerder: see Figure 3; Gordin: see Figures 7A and 7B).
Allowable Subject Matter
Claim 6 is 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 Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
