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, 4-7, 11, 17 and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Gretz (US 6,779,764).
Regarding claim 1, Gretz discloses an outdoor mounting assembly (20) for an electrical device (94) comprising: a post (24) having a hollow body with an upper end and a lower end (see figure 1), the upper end including an upper surface (56) having one or more knockouts (62); a receptacle housing (22) removably connected to the upper end of the post (24; see figure 1), the receptacle housing (22) having a top and a plurality of side walls defining an interior cavity (see figure 11), at least one of the side walls having an opening (90); and a receptacle mounting structure (98,see figure 11) positioned in the receptacle housing and accessible through the opening (90; see figures 11 and 12).
Regarding claim 4, Gretz discloses the outdoor mounting assembly (20) for an electrical device (94), wherein the receptacle housing (26) includes a set of outer mounting tabs (98) configured to connect to a receptacle cover (102; see figure 11).
Regarding claim 5, Gretz discloses the outdoor mounting assembly (20) for an electrical device (94), wherein a stabilizer fin (46) is connected to the lower end of the post (see figure 1).
Regarding claim 6, Gretz discloses the outdoor mounting assembly (20) for an electrical device (94), wherein the lower end of the post (see figure 1) includes a truncated portion (see figure 1).
Regarding claim 7, Gretz discloses the outdoor mounting assembly (20) for an electrical device (94), wherein the lower end of the post (see figure 1) includes a mounting flange (46).
Regarding claim 11, Gretz discloses the outdoor mounting assembly (20) for an electrical device (94), wherein the receptacle mounting structure (98; see figure 11) includes an upper mounting tab and a lower mounting tab (see figure 11).
Regarding claim 17, Gretz discloses an outdoor mounting assembly (see figure 1) for an electrical device comprising: a post (24) having a hollow body with an upper end and a lower end (see figure 1); a receptacle housing (22) removably connected to the upper end of the post (see figure 1), the receptacle housing (22) having a top and a plurality of side walls defining an interior cavity (see figure 1), at least one of the side walls having an opening (90); a receptacle mounting structure (98) positioned in the receptacle housing (22) and accessible through the opening (90), wherein the receptacle mounting structure (98) is configured to receive an electrical receptacle (94); and a receptacle cover mounting structure (98) positioned in the receptacle housing (22) and extending into the opening (90), the receptacle cover mounting structure (98) configured to connect a receptacle cover (102) to the receptacle housing (22), wherein the receptacle housing (22) is secured to the post (24) with a mechanical fastener (70; column 5 lines 61- column 6 line 3 .
Regarding claim 20, Gretz discloses the outdoor mounting assembly (20) for an electrical device, wherein the receptacle mounting structure ( includes an upper mounting tab and a lower mounting tab.
Claim Rejections - 35 USC § 103
3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 3, 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Gretz (US 6,779,764) in view of Gretz (US 6,863,251; hereinafter Gretz’251).
Regarding claim 2, Gretz discloses the claimed invention except for the receptacle housing includes a base positioned around the opening and a cover pivotally connected to the base. Gretz’ 251 teaches an outdoor mounting assembly (20) for an electrical device comprising: a post (22) having a hollow body with an upper end and a lower end; a receptacle housing (see figure 1) having a top and a plurality of side walls defining an interior cavity (see figure 11), at least one of the side walls having an opening (34); and a base (44) positioned around the opening (34) and a cover (46) pivotally connected to the base (see figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide to Gretz’s outdoor assembly with a base positioned around the opening and a cover pivotally connected to the base as taught by Gretz’251 to provide the outdoor mounting assembly with a base for mounting a movable cover for protecting the electrical receptacle against the elements.
Regarding claim 3, the modified Gretz discloses the outdoor mounting assembly (20) for an electrical device, wherein the base (46; as taught by Gretz’ 251) is integrally formed with the receptacle housing (as taught by Gretz’251).
Regarding claim 12, Gretz discloses an outdoor mounting assembly (20) for an electrical device comprising: a post (24) having a hollow body with an upper end and a lower end; a receptacle housing (22) removably connected to the upper end of the post (24), the receptacle housing (22) having a top and a plurality of side walls defining an interior cavity (see figure 11), at least one of the side walls having an opening (90) with an upper edge and a lower edge (see figure 11); a first central mounting tab (98) positioned in the receptacle housing (22) and extending from the upper edge into the opening (90; see figure 11), wherein the first central mounting tab (98) is configured to receive an electrical receptacle (94); a second central mounting tab (98) positioned in the receptacle housing and extending from the lower edge into the opening (90), wherein the second central mounting tab is configured to receive the electrical receptacle (see figure 11); but Gretz lacks a first outer mounting tab positioned in the receptacle housing and extending from the upper edge into the opening, wherein the first outer mounting tab is configured to connect to a receptacle cover; and a second outer mounting tab positioned in the receptacle housing and extending from the lower edge into the opening, wherein the second outer mounting tab is configured to connect to the receptacle cover. Gretz‘251 teaches an outdoor mounting assembly (20) for an electrical device comprising: a post (22) having a hollow body with an upper end and a lower end; a receptacle housing (see figure 1) with a first outer mounting tab (see figure 1) positioned in the receptacle housing and extending from the upper edge into the opening (see figure 1), wherein the first outer mounting tab (see figure 1) is configured to connect to a receptacle cover (46); and a second outer mounting tab (see figure 1) positioned in the receptacle housing and extending from the lower edge into the opening (see figure 1), wherein the second outer mounting tab (see figure 1) is configured to connect to the receptacle cover (46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add to Gretz’s outdoor assembly with a first and second outer mounting tab positioned in the receptacle housing and extending from an upper and lower edge into the opening to connect to a receptacle cover as taught by Gretz’251 to provide the outdoor mounting assembly with means for mounting a movable cover for protecting the electrical receptacle against the elements.
Regarding claim 13, the modified Gretz discloses the outdoor mounting assembly (see figure 1) for an electrical device, wherein the receptacle housing (22) includes a base (44; as taught by Gretz’251) positioned around the opening and a cover (46; as taught by Gretz’251) pivotally connected to the base (see figure1, Gretz’251).
Regarding claim 14, the modified Gretz discloses the outdoor mounting assembly (see figure 1), wherein the receptacle housing (22) includes a third outer mounting tab (as taught by Gretz’251) configured to connect to the receptacle cover (46) and a fourth outer mounting tab configured to connect to the receptacle cover (46; see figure 1; as taught by Gretz’251).
Regarding claim 16, Gretz discloses the outdoor mounting assembly (see figure 1) for an electrical device, wherein the post (24) includes an upper surface (56) with one or more knockouts (60).
4. Claims 8, 10, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gretz (US 6,779,764) in view of Gretz (US 6,742,748; hereinafter Gretz’748).
Regarding claim 8 , Gretz discloses the claimed invention except for the post includes one or more recessed outer surfaces bounded by an edge for receiving the receptacle housing. Gretz’748 teaches an outdoor mounting assembly (20) for an electrical device (80) comprising: a post (22) having a hollow body with an upper end and a lower end (see figure 9); a receptacle housing (24) removably connected to the upper end of the post (22; see figure 9), the post (22) includes one or more recessed outer surfaces (see figure 9) bounded by an edge for receiving the receptacle housing (24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide to Gretz’s outdoor assembly with a post (22) including one or more recessed outer surfaces bounded by an edge for receiving the receptacle housing as taught by Gretz’ 748 to provide means for firmly securing the post to the receptacle housing.
Regarding claim 10, Gretz discloses the claimed invention except for the post includes a first fastener opening and the receptacle housing includes a second fastener opening configured to align with the first fastener opening. Gretz’748 teaches an outdoor mounting assembly (20) for an electrical device (80) comprising: a post (22) having a hollow body with an upper end and a lower end (see figure 9); a receptacle housing (24) removably connected to the upper end of the post (22; see figure 9), the post (22) includes a first fastener opening (44) and the receptacle housing (24) includes a second fastener opening (see figure 9) configured to align with the first fastener opening (44) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide to Gretz’s outdoor assembly with a post that includes a first fastener opening and a receptacle housing that includes a second fastener opening configured to align with the first fastener opening as taught by Gretz’748 to provide means for firmly securing the post to the receptacle housing.
Regarding claim 18, Gretz discloses the claimed invention except for the mechanical fastener is a threaded fastener. Gretz’748 teaches an outdoor mounting assembly (20) for an electrical device (80) comprising: a post (22) having a hollow body with an upper end and a lower end (see figure 9); a receptacle housing (24) removably connected to the upper end of the post (22; see figure 9), the post (22) includes a first fastener opening (44) and the receptacle housing (24) includes a second fastener opening (see figure 9) configured to align with the first fastener opening (44) , wherein the receptacle housing (24) is secured to the post (22) with a threaded mechanical fastener. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide to Gretz’s outdoor assembly with a post includes a first fastener opening and a receptacle housing that includes a second fastener opening configured to align with the first fastener opening wherein the receptacle housing is secured to the post with a threaded mechanical fastener as taught by Gretz’748 to provide means for firmly securing the post to the receptacle housing.
Regarding claim 19, the modified Gretz discloses the outdoor mounting assembly (20) for an electrical device, wherein the post (22) has a thickened section (as taught by Gretz’ 748; see figure 9) for receiving the threaded fastener (as taught by Gretz’ 748).
5. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Gretz (US 6,779,764) in view of Gretz (US 6,863,251; hereinafter Gretz’251), as applied in claim 12, and further in view of Gretz (US 6,742,748; hereinafter Gretz’748).
Regarding claim 15, the modified Gretz discloses the claimed invention except for the post includes one or more recessed outer surfaces bounded by an edge for receiving the receptacle housing. Gretz’748 teaches an outdoor mounting assembly (20) for an electrical device (80) comprising: a post (22) having a hollow body with an upper end and a lower end (see figure 9); a receptacle housing (24) removably connected to the upper end of the post (22; see figure 9), the post (22) includes one or more recessed outer surfaces (see figure 9) bounded by an edge for receiving the receptacle housing (24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide to Gretz’s outdoor assembly with a post that includes one or more recessed outer surfaces bounded by an edge for receiving the receptacle housing as taught by Gretz’748 provide means for firmly securing the post to the receptacle housing.
6. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gretz (US 6,779,764).
Regarding claim 9, Gertz discloses the claimed invention except for the upper surface is integrally formed with the hollow body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the surface is integrally formed with the hollow body to save on manufacturing cost . Furthermore, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Response to Arguments
7. Applicant’s arguments with respect to claims 1-20 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
8. 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.
9. Any inquiry concerning this communication should be directed to Angel R. Estrada at telephone number (571) 272-1973. The Examiner can normally be reached on Monday-Friday (8:30am -5:00pm).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani N. Hayman can be reached on (571) 270-5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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February 23, 2026
/ANGEL R ESTRADA/Primary Examiner, Art Unit 2841