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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/18/2025 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a platform” including “at least one pipe support member” wherein the platform is “configured to rest on a flat bottom surface of a utility box containment pit” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-14 and 16-18 and 20-22 are 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. Regarding claim 1, it is unclear if the utility box containment pit is positively recited as part of the claimed invention or not. For example, in the preamble of claim 1, it is clear that the utility box containment pit is not part of the claimed invention. However, in line 5, the limitation “an upper surface at a height above the containment pit bottom surface” appears that the utility box containment pit is part of the claimed invention because positively requires the upper surface of the platform being above the containment pit bottom surface. Also, it is unclear what structure from the figures is the utility box containment pit. It is unclear if the utility box and the utility box containment pit are the same or different features. Further, it is unclear how the upper surface of the platform could be at a height above the containment pit bottom surface, and at same time the platform lower surface could be configured to contact the containment pit bottom surface. In addition, it is unclear how the “outer support member could be configured to reversibly mount a bottom end of the utility box at a height above the containment pit bottom surface. Regarding claim 13, “the boundary” lacks antecedent basis. It is unclear to which boundary applicant is referring.
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 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burke (US 8,249,411).
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Claim 1
Burke discloses an apparatus for supporting a utility box comprising a platform (defined by combined sections 26 and/or 28) (see figure 1) configured to rest on a substantially flat bottom surface of a utility box containment pit under said utility box, said platform comprising an upper surface at a height above the containment pit bottom surface, a lower surface configured to contact said containment pit bottom surface, a central portion, at least one pipe support member (defined by 72 and/or as shown in the figure above), and an outer support member (defined by area of the platform pointed by reference numeral 26 in the figure above) capable to support a reversibly mount a bottom end of said utility box at said height above said containment pit bottom surface (see figure above). Structures referred for section 26 are also applied to section 28.
Claim 2
Burke further discloses the platform upper surface is substantially flat and wherein said platform upper surface encompasses and is substantially co-planar with a central portion upper surface and an outer support member upper surface (see figure above).
Claims 3 and 4
Burke further discloses the central portion comprises at least two removable panels (32) (see column 2 lines 57-60 and column 3 lines 5-16).
Claim 10
Burke further discloses the outer support member comprises a trench (defined by opening where panel 42 is received) capable to receive the bottom end of said utility box (see figure 10).
Claim 11
Burke further discloses the platform upper surface comprises further comprising at least one utility box locking tab (48) mounted thereto, and wherein said at least one utility box locking tab is configured to hold said utility box in position on the upper surface of said platform utility box base (see figure 10 and column 3 lines 39-42).
Claim 12
Burke further discloses the outer support member comprises an inner flange and an outer flange (see figure above).
Claim 13
Burke further discloses the trench defines the boundary between said inner flange and said outer flange (see figure above).
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.
Claim 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Burke (US 8,249,411) as applied to claims 1 or 13 above.
Claims 14 and 16
Burke does not explicitly disclose measurement and/or dimensions for the inner flange and the outer support member. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the required measurements and/or dimensions of each of the inner flange and outer support member, as required, depending on the structural strength and/or rigidity of the platform. Please note that applicant's specification does not disclose any criticality for the required width and/or thickness of the recited structure of the platform.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736