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 § 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 1, 7 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190219080 to Schmid-Koemmerling.
Regarding claims 1 and 7, Schmid-Koemmerling teaches a device for fastening a planar object to a construction comprising a first piece (first holding element 16) attachable to one of the mounting surface (building structure 14, e.g. to a wall) or the object (planar object 12, such as a shelf), said first piece (16) comprising a channel (C-shaped inner profile 24); and a second piece (second holding element 20) attachable to another of the mounting surface (14) or the object (12), said second piece (20) including a key (C-shaped outer profile 26) adapted to be moveably received with said channel to position said object (12) at a selected position on the mounting surface (14), wherein the first piece (16) further comprises at least one hole (not labeled, figure 1) configured to receive at least one set screw , and the at least one set screw (clamping element 28, e.g. a stud screw) is manipulable to vertically engage the key (C-shaped outer profile 26) and adjust a vertical adjustment of the key (26) within the channel (24).
PNG
media_image1.png
457
385
media_image1.png
Greyscale
Regarding claim 15, Schmid-Koemmerling teaches a device and method for fastening a planar object (planar object 12, such as a shelf) to a construction (building structure 14, e.g. to a wall) comprising attaching a first mounting piece (first holding element 16) to one of a mounting surface (wall 14) and the object (shelf 12) for display, the first mounting piece (16) comprising at least one hole (not labeled) configured to receive at least one set screw (clamping element 28, e.g. a stud screw); attaching a second mounting piece (second holding element 20) to another of the mounting surface (14) and the object (12) for display; moveably registering at least a portion of said first mounting piece (16) relative to at least a portion of said second mounting piece (20), thereby orienting said object (12) for display at a selected position on the mounting surface (14); and vertically aligning said second mounting piece (20) relative to said first mounting (16) piece by engaging the at least one set screw (28) with the second mounting piece (20).
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 1, 2, 5, 7-10 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2872140 to Zareko in view of US 20190219080 to Schmid-Koemmerling.
Regarding claim 1, Zareko teaches a frame mounting for displaying an object (frame 32) on a mounting surface (wall 46), comprising: a first piece (slide 36) attachable to one of the mounting surface (wall 46) or the object (frame 32), said first piece (36) comprising a channel (not labeled; column 2, lines 55-62, figures 1-5); and a second piece (guide 30) attachable to another of the mounting surface (46) or the object (32), said second piece (30) including a key adapted to be moveably received with said channel to position said object (32) at a selected position on the mounting surface (46).
PNG
media_image2.png
136
784
media_image2.png
Greyscale
PNG
media_image3.png
314
200
media_image3.png
Greyscale
Zareko does not teach the first piece further comprises at least one hole configured to receive at least one set screw, and the at least one set screw is manipulable to vertically engage the key and adjust a vertical adjustment of the key within the channel.
Schmid-Koemmerling teaches a device for fastening a planar object to a construction comprising a first piece (first holding element 16) attachable to one of the mounting surface (building structure 14, e.g. to a wall) or the object (planar object 12, such as a shelf), said first piece (16) comprising a channel (C-shaped inner profile 24); and a second piece (second holding element 20) attachable to another of the mounting surface (14) or the object (12), said second piece (20) including a key (C-shaped outer profile 26) adapted to be moveably received with said channel to position said object (12) at a selected position on the mounting surface (14), wherein the first piece (16) further comprises at least one hole (not labeled, figure 1) configured to receive at least one set screw , and the at least one set screw (clamping element 28, e.g. a stud screw) is manipulable to vertically engage the key (C-shaped outer profile 26) and adjust a vertical adjustment of the key (26) within the channel (24).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the frame mounting for displaying an object taught Zareko with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 2, Zareko teaches said channel is an elongate horizontal channel (the slide 36 is in the form of a channel of dovetailed cross sectional shape having side flanges 38 integrally connected to the web 39 by the resilient bends 40) and wherein said key (30) is slideably received within said elongate horizontal channel to position said object (32) of display at a selected horizontal position on the mounting surface (46).
Regarding claim 5, Zareko teaches said horizontal channel has divergent end walls to facilitate registration of said key (30) with the horizontal channel (column 2, lines 62-64).
Regarding claim 7, Zareko teaches a frame mounting for displaying an object (frame 32) on a mounting surface (wall 46), comprising: an elongate wall mount (slide 36) comprising a first base (web 39) attachable to the wall (46) and a slotted channel (channel of dovetailed cross sectional shape having side flanges 38 integrally, connected to the web 39 by the resilient bends 40) protruding from said first base (39); and an elongate picture frame mount (guide 30) comprising a second base attachable to the picture frame (32) and a key protruding from said second base, said key adapted to be slidably received within said slotted channel to mount the picture frame at a selected horizontal position on the wall.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the frame mounting for displaying an object taught Zareko with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 8, Zareko teaches said slotted channel extends a majority of a length of said first base (39), and said key (guide 30) extends a majority of a length of said second base.
Regarding claim 9, Zareko teaches said slotted channel has divergent walls on at least one channel end portion, and wherein said key has converging walls on a least one key end portion to facilitate registration of said key within the slotted channel.
Regarding claim 10, Zareko teaches said slotted channel has divergent walls on opposed channel end portions, and wherein said key has converging end portions to facilitate registration of said key within the slotted channel.
Regarding claim 14, Zareko teaches each of said elongate wall mount and said elongate picture frame mount comprises plastic.
Regarding claim 15, Zareko teaches a frame mounting for displaying an object (frame 32) on a mounting surface (wall 46) and a method of hanging the object (frame 32) for display, comprising: attaching a first mounting piece (slide 36) to one of a mounting surface (wall 46) and the object (frame 32) for display; attaching a second mounting piece (guide 30) to another of the mounting surface (wall 46) and the object for display (frame 32); moveably registering at least a portion of said first mounting piece (36) relative to at least a portion of said second mounting piece (30), thereby orienting said object (32) for display at a selected position on the mounting surface (46).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the frame mounting for displaying an object taught Zareko with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 16, Zareko teaches the first mounting piece (36) is attached to the mounting surface (wall 46) and the second mounting piece (guide 30) is attached to the object for display (frame 32), and whereby the second mounting piece (30) of moveable registered within a channel of the first mounting piece (36) to orient the object (frame 32) for display at a selected position on the mounting surface (wall 46).
Regarding claim 17, Zareko teaches moveably registering comprises slideably registering a key of said second mounting piece (30) horizontally within a channel of said first mounting piece (36), thereby orienting the object (frame 32) for display at a selected horizontal position on the mounting surface (wall 46).
Claims 1-3, 7, 8, 11 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over EP 1034727 to Hayde in view of US 20190219080 to Schmid-Koemmerling.
Regarding claim 1, Hayde teaches a hanging a system for mounting an item (38) to a vertical surface (36) comprising: a first piece (base or track 12) attachable to one of the mounting surface (support surface 36) or the object (item 38, such as a picture frame, ¶0029), said first piece (12) comprising a channel (channel 42, ¶0039) and a second piece (slider 14) attachable to another of the mounting surface (36) or the object (38), said second piece (14) including a key adapted to be moveably received with said channel (42) to position said object (38) at a selected position on the mounting surface (36).
PNG
media_image4.png
264
522
media_image4.png
Greyscale
Hayde does not teach the first piece further comprises at least one hole configured to receive at least one set screw, and the at least one set screw is manipulable to vertically engage the key and adjust a vertical adjustment of the key within the channel.
Schmid-Koemmerling teaches a device for fastening a planar object to a construction comprising a first piece (first holding element 16) attachable to one of the mounting surface (building structure 14, e.g. to a wall) or the object (planar object 12, such as a shelf), said first piece (16) comprising a channel (C-shaped inner profile 24); and a second piece (second holding element 20) attachable to another of the mounting surface (14) or the object (12), said second piece (20) including a key (C-shaped outer profile 26) adapted to be moveably received with said channel to position said object (12) at a selected position on the mounting surface (14), wherein the first piece (16) further comprises at least one hole (not labeled, figure 1) configured to receive at least one set screw , and the at least one set screw (clamping element 28, e.g. a stud screw) is manipulable to vertically engage the key (C-shaped outer profile 26) and adjust a vertical adjustment of the key (26) within the channel (24).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the hanger system taught Hayde with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 2, Hayde teaches the channel (42) is an elongate horizontal channel (42) and wherein said key of the second piece (14) is slideably received within said elongate horizontal channel (42) to position said object of display (38) at a selected horizontal position on the mounting surface (36). Figure 6 of Hayde discloses a horizontal orientation for the system 10 which is desirable for use when adjustability of horizontal rather than vertical orientation is of greater importance (¶0037).
Regarding claim 3, Hayde teaches said first piece (12) comprises a pair of vertical, oblong mounting holes (50) to allow for vertical adjustment of said first piece (12) when attached to the mounting surface (36).
Regarding claim 7, Hayde teaches a hanging a system for mounting an item (38) to a vertical surface (36) comprising: an elongate wall mount (track 12) comprising a first base (surface 48) attachable to the wall (36) and a slotted channel (42) protruding from said first base (48); and an elongate picture frame mount (slider 14) comprising a second base attachable to the picture frame (38) and a key protruding from said second base, said key adapted to be slidably received within said slotted channel (42) to mount the picture frame at a selected horizontal position on the wall (¶0029). Figure 6 of Hayde discloses a horizontal orientation for the system 10 which is desirable for use when adjustability of horizontal rather than vertical orientation is of greater importance (¶0037).
PNG
media_image5.png
264
596
media_image5.png
Greyscale
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the hanger system taught Hayde with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 8, Hayde teaches said slotted channel (42) extends a majority of a length of said first base, and said key extends a majority of a length of said second base.
Regarding claim 11, Hayde teaches said elongate wall mount (track 12) includes a pair of vertically oblong mounting holes (50 when in the horizontal orientation) to allow for vertical adjustment of said elongate wall mount (12) when mounted to the wall (36).
Regarding claim15, Hayde teaches a hanging a system for mounting an item (38) to a vertical surface (36) and method of hanging an object/item for display, comprising: attaching a first mounting piece (track 12) to one of a mounting surface (36) and the object for display (38); attaching a second mounting piece (slider 14) to another of the mounting surface (36) and the object for display (36); moveably registering at least a portion of said first mounting piece (12) relative to at least a portion of said second mounting piece (14), thereby orienting said object for display (38) at a selected position on the mounting surface (36).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the hanger system taught Hayde with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 16, Hayde teaches the first mounting piece (12) is attached to the mounting surface (36) and the second mounting piece (14) is attached to the object for display (38), and whereby the second mounting piece (14) of moveable registered within a channel (42) of the first mounting piece (12) to orient the object for display (38) at a selected position on the mounting surface (36).
Regarding claim 17, Hayde teaches moveably registering comprises slideably registering a key of said second mounting piece (14) horizontally within a channel (42) of said first mounting piece (12), thereby orienting the object for display (38) at a selected horizontal position on the mounting surface (36).
Regarding claim 18, Hayde teaches vertically adjusting said first mounting piece (12) on the wall (36).
Claims 1-3, 7, 8, 11 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230190016 to Olmstead in view of US 20190219080 to Schmid-Koemmerling.
Regarding claim 1, Olmstead teaches a system for mounting an object on a structure comprising: a first piece (rail portion 103) attachable to one of the mounting surface (a structure, such as a wall, a post, a door, or any other suitable structure; ¶0020) or the object (a piece of artwork, such as picture, a painting, a sign, etc., ¶0018), said first piece (103) comprising a channel (C-channel configuration formed by a back wall 110, an upper guide channel 109, and a lower guide channel 111, ¶0020) and a second piece (mounting bracket portion 101) attachable to another of the mounting surface (wall) or the object (piece of artwork), said second piece (101) including a key (back plate 104) adapted to be moveably received with said channel (¶0020) to position said object at a selected position on the mounting surface.
PNG
media_image6.png
408
454
media_image6.png
Greyscale
Olmstead does not teach the first piece further comprises at least one hole configured to receive at least one set screw, and the at least one set screw is manipulable to vertically engage the key and adjust a vertical adjustment of the key within the channel.
Schmid-Koemmerling teaches a device for fastening a planar object to a construction comprising a first piece (first holding element 16) attachable to one of the mounting surface (building structure 14, e.g. to a wall) or the object (planar object 12, such as a shelf), said first piece (16) comprising a channel (C-shaped inner profile 24); and a second piece (second holding element 20) attachable to another of the mounting surface (14) or the object (12), said second piece (20) including a key (C-shaped outer profile 26) adapted to be moveably received with said channel to position said object (12) at a selected position on the mounting surface (14), wherein the first piece (16) further comprises at least one hole (not labeled, figure 1) configured to receive at least one set screw , and the at least one set screw (clamping element 28, e.g. a stud screw) is manipulable to vertically engage the key (C-shaped outer profile 26) and adjust a vertical adjustment of the key (26) within the channel (24).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the second piece (mounting bracket portion 101) taught Olmstead with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 2, Olmstead teaches the channel (¶0020) is an elongate horizontal channel and wherein said key (104) of the second piece (101) is slideably received within said elongate horizontal channel to position said object of display at a selected horizontal position on the mounting surface.
Regarding claim 6, Olmstead teaches each of said first piece and said second piece comprises plastic (¶0021).
Regarding claim 7, Olmstead teaches a system for mounting an object on a structure comprising, comprising: an elongate wall mount (103) comprising a first base (back wall 110) attachable to the wall (a structure, such as a wall, a post, a door, or any other suitable structure; ¶0020) and a slotted channel (C-channel configuration formed by a back wall 110, an upper guide channel 109, and a lower guide channel 111, ¶0020) protruding from said first base (110); and an elongate picture frame mount (mounting bracket portion 101) comprising a second base (front plate 106) attachable to the picture frame (a piece of artwork, such as picture, a painting, a sign, etc., ¶0018) and a key (back plate 104) protruding from said second base (106), said key (104) adapted to be slidably received within said slotted channel to mount the picture frame at a selected horizontal position on the wall It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the second piece (mounting bracket portion 101) taught Olmstead with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 8, Olmstead teaches said slotted channel extends a majority of a length of said first base (103), and said key (104) extends a majority of a length of said second base (106).
Regarding claim 14, Olmstead teaches each of said elongate wall mount and said elongate picture frame mount comprises plastic (¶0021).
Regarding claim 15, Olmstead teaches a system for mounting an object on a structure comprising, comprising: and a method of hanging the object for display, comprising: attaching a first mounting piece (103) to one of a mounting surface (a structure, such as a wall, a post, a door, or any other suitable structure; ¶0020) and the object (a piece of artwork, such as picture, a painting, a sign, etc., ¶0018) for display; attaching a second mounting piece (101) to another of the mounting surface and the object for display; moveably registering at least a portion of said first mounting piece (103) relative to at least a portion of said second mounting piece (101), thereby orienting said object for display at a selected position on the mounting surface.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the second piece (mounting bracket portion 101) taught Olmstead with a hole and set screw in the second piece as taught by Schmid-Koemmerling with a reasonable expectation of success to provide a means to securely fasten or clamp the first and second pieces together (¶0062).
Regarding claim 16, Olmstead teaches the first mounting piece (103) is attached to the mounting surface and the second mounting piece (101) is attached to the object for display, and whereby the second mounting piece (101) of moveable registered within a channel of the first mounting piece (103) to orient the object for display at a selected position on the mounting surface.
Regarding claim 17, Olmstead teaches moveably registering comprises slideably registering a key (104) of said second mounting piece (101) horizontally within a channel of said first mounting piece (103), thereby orienting the object for display at a selected horizontal position on the mounting surface.
Claims 4, 8 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190219080 to Schmid-Koemmerling in view of US 9699924 to Hagen.
Regarding claims 4, 8, 12-13 Hagen teaches a mount for mounting an item (flat panel electronic display device 86) to a vertical surface (wall 87) comprising: a first piece (support bracket 20) attachable to one of the mounting surface (87) or the object (86), said first piece (20) comprising a channel (figures 3-4) and a second piece display bracket 60) attachable to another of the mounting surface (87) or the object (86), said second piece (60) including a key (66) adapted to be moveably received with said channel to position said object at a selected position on the mounting surface (87). Hagen also teaches said first piece further comprises at least one level bubble (48).
PNG
media_image7.png
388
638
media_image7.png
Greyscale
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the device for fastening a planar object to a construction taught by Schmid-Koemmerling with integrated level bubble as taught by Hagen with a reasonable expectation of success to provide a means to level the object attached to the wall.
Claims 19, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Schmid-Koemmerling in view of US 3131251 to Ryan.
Schmid-Koemmerling does not teach the key comprises at least one valley formed by a shape of the key, and the at least one set screw is configured to vertically engage the at least one valley of the key within the channel.
Ryan teaches a mirror mounting assembly, comprising: a first piece (mounting member 68) attachable to one of the mounting surface (hub or other journal bearing 76) or the object, said first piece (68) comprising a channel; and a second piece (base member 60) attachable to another of the mounting surface or the object (interior surface 61 of a windshield 62), said second piece (60) including a key (upper exposed face edge 64 and downwardly directed face edge 66 of mounting member 68) adapted to be moveably received with said channel to position said object at a selected position on the mounting surface, wherein the first piece (68) further comprises at least one hole (opening 73) configured to receive at least one set screw (74), and the at least one set screw (74) is manipulable to vertically engage the key and adjust a vertical adjustment of the key within the channel.
Regarding claims 19-21, Ryan also teaches the key comprises at least one valley (recess 67) formed by a shape of the key, and the at least one set screw (74) is configured to vertically engage the at least one valley (67) of the key within the channel.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the device for fastening a planar object to a construction taught by Schmid-Koemmerling with the set screw configured to engage a valley or recess as taught by Ryan with a reasonable expectation of success to provide a camming means/surface to facilitate seating the set screw at a desired location.
Response to Arguments
Applicant’s arguments with respect to claims 1-17 and 19-21 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631