DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Preliminary amendment received on 12/18/2023 has been acknowledged. Claim(s) 5, 6, 8, 9, and 12 have been amended. Claims 1-12 are now pending and have been considered below.
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.
Claim(s) 1-5 and 9-12, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sergi et al. (U.S. Patent No. 8,130,168).
Regarding claim 1, Sergi et al. teaches a mounting system for telecommunications equipment (apparatus for raising and lowering an antenna; title), the system comprising: a mast (11) capable of supporting telecommunications equipment; a first mounting bracket (14), affixable to supporting infrastructure (12; figure 1); a pivot (22/26), secured to the first mounting bracket (figure 2), into which a first end of the mast is mounted (figure 2), the pivot enabling the mast to be pivoted between a first, raised position (figure 2) and a second, lowered position (figure 1); and a second mounting bracket (33/56), affixable to the supporting infrastructure (figure 2), for selectively supporting the mast while in the first position (figure 2).
Regarding claim 2, Sergi et al. teaches the pivot is rotatable relative to the first mounting bracket (as illustrated, the pivot is rotatable relative to the first mounting bracket; figures 1-2) such that the mast is rotatable about its longitudinal axis (it is understood that the mast is capable of rotating about its longitudinal axis; figure 1).
Regarding claim 3, Sergi et al. teaches the first mounting bracket comprises a limiting mechanism (pin 32 extending through slots in 22; figures 1-2) restricting rotation of the pivot between limits (as illustrated, the slots 18 restrict rotation of the pivot between limits; figure 2).
Regarding claim 4, Sergi et al. teaches the limiting mechanism comprises one or more slots (slots through which pin 32 extends; figures 1-2) in the first mounting bracket (figure 1).
With regards to the limitation that the product is formed by being machined, etc., the examiner would like to point out that these limitations are drawn to the method or process of forming the product. Therefore, since this claim is an apparatus claim, the prior art only needs to show the final product. Thus, since Dvorak et al. teaches all of the structural limitations of the claim, the claim stands rejected. See MPEP 2113.
Regarding claim 5, Sergi et al. teaches the second mounting bracket comprises a section (36/37/60) that is closable (with securing bolts 63) around the mast to support the mast while in the first position (figure 2), and openable (without securing bolts 63) to enable the mast to be pivoted to the second position (it is understood that removing the bolts 63 would enable the mast to be pivoted to the second position).
Regarding claim 9, Sergi et al. teaches the mast has a circular cross-section (figure 1).
Regarding claim 10, Sergi et al. teaches supporting infrastructure 12; a mounting system (figures 1-2) according to claim 1,wherein the first and second mounting brackets are affixed to the supporting infrastructure (figure 1); and telecommunication equipment mounted to the mast (abstract).
Regarding claim 11, Sergi et al. teaches the telecommunication equipment comprises one or more antennas (abstract).
Regarding claim 12, Sergi et al. teaches the first and second mounting brackets are clamped to the supporting infrastructure.
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 of this title, 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) 6 and 7, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sergi et al. (U.S. Patent No. 8,130,168) in view of Heath (U.S. Patent No. 2020/0119442).
Regarding claim 6, Dvorak et al. does not specifically disclose one or more of the mast, the first mounting bracket and the second mounting bracket are manufactured from one or more electrically non-conductive materials.
Heath discloses an antenna mount (abstract) wherein one or more of the mast, the first mounting bracket and the second mounting bracket are manufactured from one or more electrically non-conductive materials (may be formed of fiberglass and polymeric materials; paragraph 42; it is understood that such materials are electrically non-conductive).
Therefore, from the teaching of Heath, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the antenna support assembly of Sergi et al. such that one or more of the mast, the first mounting bracket and the second mounting bracket are manufactured from one or more electrically non-conductive materials, as taught by Heath, in order to provide a lightweight material that is easy to handle and install while also strong enough to withstand external weather conditions.
Regarding claim 7, Heath in the combination discloses the electrically non- conductive materials comprise fibre-reinforced polymeric materials (paragraph 42).
Claim(s) 8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sergi et al. (U.S. Patent No. 8,130,168) in view of Xammar (ES 2,303,435).
Regarding claim 8, Sergi et al. does not specifically disclose an internal profile of the mast has one or more flat sections for the mounting of telecommunication equipment.
Xammar discloses an anchoring mast (figure 1) wherein an internal profile of the mast has one or more flat sections (9a) capable of the mounting of telecommunication equipment.
Therefore, from the teaching of Xammar, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the antenna support assembly of Sergi et al. such that an internal profile of the mast has one or more flat sections for the mounting of telecommunication equipment, as taught by Xammar, in order to provide support for a wider variety of antenna attachments for diversity and ease of assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to mounting systems in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633