This is a Non-Final office action for serial number 18/420,189.
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 Objections
Claim 7 is objected to because of the following informalities: “but cut” should be deleted since it is a grammatical error. 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.
Claim 7 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.
Claim 7 recites the limitation "but cut" in line 3. There is insufficient antecedent basis for this limitation in the claim.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zurn Zi1231EZ-WL, year 2022 (hereinafter Zurn 2022) in view of Reuter 6,164,460.
Zurn 2022 discloses:
(Claim 1) A system comprising: a first upright portion having a first hollow interior having a first set of holes; a second upright portion having a second hollow interior having a second set of holes; a body having a front side and a back side with an aperture that passes from the front side to the back side; an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions.
(Claim 2) further comprising: a first through bolt configured to extend through the first upright portion and the upper extension in a plane parallel to the aperture, the first through bolt being fastened to a first nut; and a second through bolt configured to extend through the second upright portion and the lower extension in the plane parallel to the aperture, the second through bolt being fastened to a second nut; (bolts parallel to the aperture since aperture planes include x, y, and z planes).
(Claim 3) further comprising: a first through bolt configured to extend through the first upright portion and the upper extension in a plane perpendicular to the aperture, the first through bolt being fastened to a first nut; and a second through bolt configured to extend through the second upright portion and the lower extension in the plane perpendicular to the aperture, the second through bolt being fastened to a second nut; (bolts perpendicular to the aperture since aperture planes include x, y, and z planes);
(Claim 4) wherein the aperture is 2 obround in shape.
[AltContent: textbox (Obround shape)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (body)][AltContent: textbox (Body )][AltContent: textbox (Connection means of 1st set of holes)][AltContent: arrow][AltContent: textbox (Lower extension)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd bolts)][AltContent: arrow][AltContent: textbox (Second upright portion with 2nd hollow interior)][AltContent: arrow][AltContent: textbox (aperture)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First upright with 1st hollow interior)][AltContent: arrow][AltContent: textbox (Upper extension)]
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Zurn discloses all of the limitations of the claimed invention except for the first upright portion having a first set of spaced slotted holes and a first set of small holes and the second upright portion having a second set of spaced slotted holes and a second set of small holes.
Reuter teaches that it is known to have a connection means being a first set (on 12) of spaced slotted holes (24, thin slots) and a first set of small holes (24, round holes) and a second set (on 15) of spaced slotted holes (24, thin slots) and a second set of small holes (24, round holes) .
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Zurn to have included a connection means being the first upright portion having a first set of spaced slotted holes and a first set of small holes and the second upright portion having a second set of spaced slotted holes and a second set of small holes as taught/motivated by Reuter for the purpose of providing a more secure, versatile, and equivalent means of attaching the upper and lower extension to the first and second upright portions respectively to prevent accidental removal.
Modified Zurn in view of Reuter teaches:
(Claim 6) A system comprising: a first upright portion having a first hollow interior, the first upright portion having a first set of spaced slotted holes and a first set of small holes; a second upright portion having a second hollow interior, the second upright portion having a second set of spaced slotted holes and a second set of small holes; a body having a front side and a back side with an aperture that passes from the front side to the back side; an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior, wherein the first set of spaced slotted holes are spaced to align with the first set of set screws; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior, wherein the first set of spaced slotted holes are spaced to align with the first set of set screws; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via insertion into the first and second set of spaced slotted holes.
(Claim 7) The system of claim 6 wherein the first and second set of small holes are spaced apart to be utilized as indicators as to where the first and second upright portions are to but cut to install the upper and lower extensions (inherently teaches this feature since, the slots and holes are physically identical to the applicant’s invention).
(Claim 8) A system comprising: a first upright portion having a first hollow interior, the first upright portion having a first set of spaced slotted holes and a first set of small holes; a second upright portion having a second hollow interior, the second upright portion having a second set of spaced slotted holes and a second set of small holes; a body having a front side and a back side with an aperture that passes from the front side to the back side; an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via insertion into the first and second set of spaced slotted holes.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zurn Zi1231EZ-WL, year 2022 (hereinafter Zurn 2022) in view of Reuter 6,164,460 in view of MacMillian 3,620,558.
Zurn in view of Reuter discloses all of the limitations of the claimed invention except for a first arm and a second arm and the first set of set screws cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion; and wherein the lower extension has a third arm and a fourth arm and the second set of set screws cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion.
MacMillian teaches that it is known to have:
(Claim 5) wherein the upper extension has a first arm (upper 17) and a second arm (upper 18) and a first screw cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion (upper 11); and wherein the lower extension has a third arm (lower 17) and a fourth arm (lower 18) and second screw cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion (lower 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Zurn in view of Reuter to have substituted the a first arm and a second arm and the first set of set screws cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion; and wherein the lower extension has a third arm and a fourth arm and the second set of set screws cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion as suggested/taught by MacMillian for the purpose of providing a stable and firm friction fit for the device to the upright portions preventing accidental removal.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631