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 .
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
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 and 3-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grahl (US 20100101479 A1).
Regarding Claim 1: Grahl discloses (in at least figures 1-5, the description, and the claims) a full-mast to half-mast convertible flagpole device (fig.’s 1A-2A and par.’s 70-72: telescopic flagpole system 10) comprising:
a base plate comprised of a receiving area (fig.’s 4-5 par. 93: stand/bracket structure 60 with tubular support member 62);
a primary pole comprised of a first fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: bottom section 12 with aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.);
a secondary pole comprised of a second fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.);
a flag (fig. 3 and par. 71: flag 11); and
a flag fastener (fig. 1A-1B, fig. 3 and par. 71: connector assemblies 22 and 24).
Regarding Claim 3: Grahl discloses the full-mast to half-mast convertible flagpole device of claim 1, wherein the first fastener is comprised of a threaded fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: bottom section 12 with aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Regarding Claim 4: Grahl discloses the full-mast to half-mast convertible flagpole device of claim 1, wherein the second fastener is comprised of a threaded fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Regarding Claim 5: Grahl discloses the full-mast to half-mast convertible flagpole device of claim 1, wherein the flag fastener is comprised of a clip or a clamp (fig. 1A-1B, fig. 3, par. 71, and par. 93: connector assemblies 22 and 24 shown with clips connected to gromets 38 of flag 11).
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 6 are rejected under 35 U.S.C. 103 as being unpatentable over Grahl as applied to claim 1 above, and further in view of van der Wyk (US 4593877 A), hereinafter referred to as Wyk.
Regarding Claim 2: Grahl discloses the full-mast to half-mast convertible flagpole device of claim 1, but does not disclose wherein the receiving area is comprised of a threaded set screw.
Wyk discloses an analogous art (fig.’s 1-4 and col. 2 lines 53-63: flagpole or banner support bracket 10) wherein the receiving area (fig. 1: openings 14, 15, and 16) is comprised of a threaded set screw (fig. 1-2 and col. 3 lines 1-18: set screws 21, 22, and 23 corresponding to each opening.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the set screws, as taught by Wyk, to be included in the receiving area of Grahl to provide additional security to the receiving areas thereby providing the base with adequate strength to support longer flagpoles and flags of greater size (Wyk col. 3 lines 12-25).
Regarding Claim 6: Grahl discloses the full-mast to half-mast convertible flagpole device of claim 1, but does not disclose wherein the receiving area is comprised of a threaded opening.
Wyk discloses an analogous art (fig.’s 1-4 and col. 2 lines 53-63: flagpole or banner support bracket 10) wherein the receiving area (fig. 1: openings 14, 15, and 16) is comprised of a threaded opening (fig. 1-2 and col. 3 lines 1-18: threaded openings receiving set screws 21, 22, and 23.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the threaded openings, as taught by Wyk, to be included in the receiving area of Grahl to provide additional security to the receiving areas thereby providing the base with adequate strength to support longer flagpoles and flags of greater size (Wyk col. 3 lines 12-25)
Claims 7-9 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Grahl further in view of Wyk.
Regarding Claim 7: Grahl discloses (in at least figures 1-5, the description, and the claims) a full-mast to half-mast convertible flagpole device (fig.’s 1A-2A and par.’s 70-72: telescopic flagpole system 10) comprising:
a base plate comprised of a first receiving area (fig.’s 4-5 par. 93: stand/bracket structure 60 with tubular support member 62);
a primary pole comprised of a first fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: bottom section 12 with aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.);
a secondary pole comprised of a second fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.);
a flag (fig. 3 and par. 71: flag 11); and
a flag fastener (fig. 1A-1B, fig. 3 and par. 71: connector assemblies 22 and 24).
Grahl does not explicitly disclose a second receiving area.
Wyk discloses an analogous art comprising a base (fig.’s 1-4 and col. 2 lines 53-63: flagpole or banner support bracket 10) comprised of a first receiving area and a second receiving area (fig. 1 and col. 2 line 64- col. 3 line 11: openings 14, 15, and 16).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the base plate with additional receiving areas, as taught by Wyk, to be included in the device of Grahl to provide additional mounting positions for the flagpole and/or space for multiple flags to be installed simultaneously thereby providing a wider variety of vertically and horizontally mounted display configurations from a singular bracket (Wyk fig.’s 3-9 and col. 1 lines 31-61).
Regarding Claim 8: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7 and Grahl discloses the device further comprised of a topper (fig. 1 and par. 89: top end plug 54).
Regarding Claim 9: Grahl and Wick disclose the full-mast to half-mast convertible flagpole device of claim 8, and Grahl further discloses wherein the topper is comprised of a third fastener (fig. 1 and par. 89: top end plug 54 “has a vertical extension 56 extending downwardly from the ball. The outer diameter of the hollow plug extension 56 is sized to fit snugly into the upper end of the upper section 20 […]”).
Regarding Claim 11: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Grahl further discloses wherein the secondary pole is comprised of a fourth fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Regarding Claim 12: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 11, and Grahl further discloses wherein the fourth fastener is comprised of a threaded fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Regarding Claim 13: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Grahl further discloses wherein the first fastener is comprised of a threaded fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: bottom section 12with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Regarding Claim 14: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Grahl further discloses wherein the second fastener is comprised of a threaded fastener (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Regarding Claim 15: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Wyk discloses wherein the first receiving area forms an angle less than 180 degrees with a front surface of the base plate (fig. 1 and col. 2 line 64- col. 3 line 11: openings 14, 15, and 16. See fig’s. 1-2: opening 16 forms an angle less than 180 degrees with the base 11).
The motivation to combine is the same as for claim 7.
Regarding Claim 16: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Wyk discloses wherein the second receiving area forms an angle less than 180 degrees with a front surface of the base plate (fig. 1 and col. 2 line 64- col. 3 line 11: openings 14, 15, and 16. See fig’s. 1-2: opening 15 forms an angle less than 180 degrees with the base 11).
The motivation to combine is the same as for claim 7.
Regarding Claim 17: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Wyk discloses wherein the base plate is comprised of an opening (fig. 1 and col. 3 lines 12-18: mounting holes 20).
The motivation to combine is the same as for claim 7.
Regarding Claim 18: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Grahl discloses wherein the first receiving area is positioned on a front surface of the base plate (fig.’s 4-5 par. 93: stand/bracket structure 60 with tubular support member 62. See fig.’s 5-6: 62 positioned on front surface of plate 64.).
Regarding Claim 19: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 7, and Wyk discloses wherein the second receiving area is positioned on a front surface of the base plate (fig. 1 and col. 2 line 64- col. 3 line 11: openings 14, 15, and 16. See fig’s. 1-2: each opening positioned on front surface of base 11).
Regarding Claim 20: Grahl discloses (in at least figures 1-5, the description, and the claims) a method of using a full-mast to half-mast convertible flagpole device (fig.’s 1A-2A and par.’s 70-72: telescopic flagpole system 10), the method comprising the following steps:
providing a full-mast to half-mast convertible flagpole device comprised of a base plate with a first receiving area (fig.’s 4-5 par. 93: stand/bracket structure 60 with tubular support member 62), a primary pole (fig.’s 2A-2C, fig. 4, and par.’s 86-87: bottom section 12), a secondary pole ((fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20), a flag (fig. 3 and par. 71: flag 11), and a flag fastener (fig. 1A-1B, fig. 3 and par. 71: connector assemblies 22 and 24);
placing and securing the primary pole into the first receiving area (fig.’s 2A-2C, fig. 4, and par.’s 91-94: bottom section 12 placed in tubular support member 62. See also par.’s 81-83.); and
securing the secondary pole to the primary pole (fig.’s 2A-2C, fig. 4, and par.’s 86-87: additional extension members 14,16,18, and 20 each with an aperture 15 configured to engagingly receive designated threaded fastener 17. See par. 86: “ […] each of the tubular sections 12, 14, 16, and 18 includes in the upper section end thereof an aperture 15 that is configured to engagingly receive a threaded fastener 17. Each threaded fastener 17 is configured to self-thread, i.e., by being manually rotated into each respective aperture 15, so as to provide additional structural integrity for the telescopic flagpole 10 in the extended position.” See also par.’s 81-83.).
Grahl does not explicitly disclose securing the base plate to a surface.
Wyk discloses an analogous method (fig.’s 1-4 and col. 2 lines 53-63: flagpole or banner support bracket 10 with plate 11) comprising the step of securing the base plate to a surface (fig. 1 and col. 3 lines 12-18: mounting holes 20 used to secure bracket 10 to surfaces. See fig.’s 3-9: bracket 10 secured to a variety of surfaces.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to, as taught by Wyk, secure the base plate to a provide additional mounting positions allowing for a wider variety of vertically and horizontally mounted display configurations (Wyk fig.’s 3-9 and col. 1 lines 31-61).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Grahl and Wyk as applied to claim 9 above, and further in view of Somers (US 20080053362 A1).
Regarding Claim 10: Grahl and Wyk disclose the full-mast to half-mast convertible flagpole device of claim 9, but do not explicitly disclose wherein the third fastener is comprised of a threaded fastener.
Somers discloses an analogous art (fig. 1 and par. 13: flagpole ornament 10) comprising a fastener that is comprised of a threaded fastener (fig.’s 1-2 and par. 16: “ornament post member 22 includes an externally threaded end part 23 which is shown threadedly engaged with truck member 16 and suitably locked in engagement therewith by a conventional hex-shaped locknut 43.”).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the threaded fastener, as taught by Somers, to be included in the third faster of Grahl and Wyk’s topper to better distribute stresses on the assembly thereby forming a stronger and more durable structure (Somers par. 16).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes:
Gilbert (US 2794414 A) discloses the method according to claim 20 and the device according to certain limitations of claims 1, 5, 7-9, and 15-18.
Proctor (US 20130061797 A1) discloses the method according to claim 20 and the device according to certain limitations of claims 1, 5, 7-9, and 15-18.
Klevana (US 20190251880 A1) discloses the method according to claim 20 and the device according to certain limitations of claims 1, 5, 7-9, and 15-18.
Luo (US 20030168573 A1) discloses the method according to claim 20 and the device according to certain limitations of claims 1, 5, 7-9, and 15-18.
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/EVAN MANCINI/Examiner, Art Unit 2855
/KRISTINA M DEHERRERA/Supervisory Patent Examiner, Art Unit 2855 1/23/26