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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3, 6, 10-13 & 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Behr (US 2018/0212414) in view of Patton (US 9,410,332).
With regard to claim 1, Behr teaches a base assembly (110) for a portable lightning protection system (Abstract) comprising: a. an outer base structure (comprising all sections of 112), the outer base structure comprising a plurality of outer horizontal beams (112) attached to one another in an end to end configuration forming a generally closed outer base structure (as seen in Fig. 3); c. radially extending inner horizontal beams (114) each having a first end attachable to a corner region of the outer base structure formed where corresponding ends of two of the plurality of outer horizontal members are attached together (at 144), and a second end attachable to one of the central connection point (120) of the base assembly or to one of the inner horizontal support brackets of the inner base structure; and d. a plurality of angled support members (112) each having a first end attachable to one of the radially extending inner horizontal beams (114, as seen in Fig. 3) and a second end attachable to a base mast section (132) attachable to the base assembly (by hinge section 120).
Behr does not teach an inner base structure, the inner base structure comprising a plurality of inner horizontal support brackets attached in an end-to-end configuration forming a generally closed inner base structure, wherein the inner base structure is formed about a central connection point of the base assembly.
Patton, in Figure 5D, teaches a portable base structure (519) to support a portable mast (115). The base of Patton is similar to Patton in that it includes an outer base structure (517) as well as radial extending inner horizontal beams (509) which are connected to end sections of where the outer base structure meets and an end connected to a central connection point. Patton further teaches an inner base structure (529), the inner base structure comprising a plurality of inner horizontal support brackets (529) attached in an end-to-end configuration forming a generally closed inner base structure, wherein the inner base structure is formed about a central connection point (525) of the base assembly (as seen in Fig. 5D).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teachings of Behr with Patton, by including an inner base structure as well as an outer base structure to the device of Behr as taught by Patton, for the purpose of forming a rigid cage structure which decreases the structure from bending or warping.
With regard to claims 3, 6, 10-13, 16 & 17, Behr in view of Patton discloses the device of claim 1, and further discloses that the generally closed inner base structure comprises a generally triangular shape (as the base of Behr is triangular, if the inner base structure of Patton were incorporated into the base of Behr, and attached to the radially extending inner horizontal beams then they would necessarily form a triangle as Behr teaches three inner horizontal beams) (re claim 3), wherein the second end of the angled support members are attachable to radially projecting fins (119) of the base mast section (as seen in Fig. 5 of Behr) (re claim 6), wherein each of the inner horizontal support brackets extend between adjacent horizontal beams of the radially extending inner horizontal beams (as seen in Fig. 3 of Behr and 5D of Patton) (re claim 10), wherein the base mast section is attachable to the base assembly via a hinge assembly (Behr, 120, paragraph 0057), wherein the hinge assembly comprises a top horizontal plate and a bottom horizontal plate, wherein the top horizontal plate and the bottom horizontal plate are hingedly connected on at least one side thereof (re claim 11), wherein the base mast section is attachable to the top horizontal plate of the hinge assembly (as seen in Fig. 3 of Behr) (re claim 12), wherein the plurality of angled support members (116 of Behr) comprises three angled support members (as seen in Fig. 3 of Behr) (re claim 13), wherein each of the plurality of angled support members are at about a 45 degree angle relative to the base mast section and the inner horizontal member to which it is attached (as seen in Fig. 1 of Behr the angle appears to be about 45 degrees) (re claim 16), further comprising quick connect/disconnect fasteners for attachment of one or more of the plurality of outer horizontal beams, plurality of inner horizontal support brackets, radially extending inner horizontal beams, and/or angled support members (Behr, paragraph 0071) (re claim 17).
With regard to claim 18, Behr teaches a method of deploying a base assembly (110) for a portable lightning protection system (Abstract), the method comprising: a. providing a base assembly for a portable lightning protection system, (step 2610) comprising: i. an outer base structure (multiple beams 118), the outer base structure comprising a plurality of outer horizontal beams (118) attached to one another in an end-to-end configuration forming a generally closed outer base structure; iii. radially extending inner horizontal beams (114) each having a first end attachable to a corner region of the outer base structure formed where corresponding ends of two of the plurality of outer horizontal members are attached together (at 144), and a second end attachable to one of the central connection point (120) of the base assembly or to one of the inner horizontal support brackets of the inner base structure; and iv. a plurality of angled support members (116) each having a first end attachable to one of the radially extending inner horizontal beams (114) and a second end attachable to a base mast section (118) attachable to the base assembly; b. assembling the base assembly (step 2614); c. connecting the base mast section to the base assembly via the hinge assembly (step 2618); d. positioning the base assembly to a desired location and securing in position (step 2624); e. grounding the lightning protection system (step 2628); and f. placing and securing sections of a multi-section conductive mast assembly in an upright position (step 2632).
Behr does not teach an inner base structure, the inner base structure comprising a plurality of inner horizontal support brackets attached in an end-to-end configuration forming a generally closed inner base structure, wherein the inner base structure is formed about a central connection point of the base assembly.
Patton, in Figure 5D, teaches a portable base structure (519) to support a portable mast (115). The base of Patton is similar to Patton in that it includes an outer base structure (517) as well as radial extending inner horizontal beams (509) which are connected to end sections of where the outer base structure meets and an end connected to a central connection point. Patton further teaches an inner base structure (529), the inner base structure comprising a plurality of inner horizontal support brackets (529) attached in an end-to-end configuration forming a generally closed inner base structure, wherein the inner base structure is formed about a central connection point (525) of the base assembly (as seen in Fig. 5D).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teachings of Behr with Patton, by including an inner base structure as well as an outer base structure to the device of Behr as taught by Patton, for the purpose of forming a rigid cage structure which decreases the structure from bending or warping.
With regard to claims 19 & 20, Behr in view of Patton discloses the method of claim 18, and further discloses that 18(d) is conducted prior to 18(c) (paragraph 0077 of Behr teaches that the mast can be placed after the base assembly is placed into position) (re claim 19), wherein the base assembly is assembled using quick connect/disconnect fasteners (Behr, paragraph 0042) (re claim 20).
Claims 2, 7 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Behr in view of Patton as applied to claim 1 above, and further in view of Cobián Babé (US 2022/0380006).
With regard to claim 2, Behr in view of Patton teaches the device of claim 1.
Behr in view of Patton does not teach that the generally closed outer base structure comprises a generally hexagonal shape.
Cobián Babé, in Figures 1a & 3a, teaches a base structure (3) to support a mast (1). It is taught in Fig. 1b that the base can be triangular similar to the base of Behr or that the base structure comprises a generally hexagonal shape as seen in Fig. 3a.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teachings of Behr in view of Patton with Cobián Babé, by forming the generally closed outer base structure as a generally hexagonal shape as taught by Cobián Babé, for the purpose of increasing the area of base thus making the device more stable.
With regard to claim 7, Behr in view of Patton teaches the device of claim 1.
Behr in view of Patton does not teach the plurality of outer horizontal beams comprises six outer horizontal beams, and wherein the plurality of radially extending inner horizontal beams comprises six inner horizontal beams.
Cobián Babé, in Figures 1a & 3a, teaches a base structure (3) to support a mast (1). It is taught in Fig. 1b that the base can be triangular similar to the base of Behr or that the base structure comprises a generally hexagonal shape as seen in Fig. 3a. If the base taught by Behr in view of Patton were formed in a hexagonal shape as taught by Cobián Babé then the plurality of outer horizontal beams would necessarily comprise six outer horizontal beams, and the plurality of radially extending inner horizontal beams would necessarily comprise six inner horizontal beams.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teachings of Behr in view of Patton with Cobián Babé, by forming the generally closed outer base structure as a generally hexagonal shape as taught by Cobián Babé, for the purpose of increasing the area of base thus making the device more stable.
With regard to claim 14, Behr in view of Patton teaches the device of claim 1.
Behr in view of Patton does not teach that the plurality of angled support members comprises six angled support members.
Cobián Babé, in Figures 1a & 3a, teaches a base structure (3) to support a mast (1). It is taught in Fig. 1b that the base can be triangular similar to the base of Behr or that the base structure comprises a generally hexagonal shape as seen in Fig. 3a.
If the base taught by Behr in view of Patton were formed in a hexagonal shape as taught by Cobián Babé then the plurality of angled support members would necessarily comprise six angled support members
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to combine the teachings of Behr in view of Patton with Cobián Babé, by forming the generally closed outer base structure as a generally hexagonal shape as taught by Cobián Babé, for the purpose of increasing the area of base thus making the device more stable.
Allowable Subject Matter
Claims 4, 5, 8, 9 & 15 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 4 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record does not teach or fairly suggest a system comprising all the features as recited in the claims and in combination with the radially extending inner horizontal beams, comprising a first set of radially extending inner horizontal beams; and a second set of radially extending inner horizontal beams, wherein the second ends of the first set of inner horizontal beams are attachable to the central connection point, and the second ends of the second set of inner horizontal beams are attachable to the plurality inner horizontal support brackets of the inner base structure.
Claims 5, 8 & 9 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because they depend on claim 4 which would also be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 15 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art of record does not teach or fairly suggest a system comprising all the features as recited in the claims and in combination with three of the six angled support members being attachable to radially projecting fins formed on the base mast section, and the other three of the six angled support members are attachable to the base mast section between adjacent ones of the radially projecting fins.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT BAUER whose telephone number is (571)272-5986. The examiner can normally be reached M-F 12pm - 8pm EST.
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/Scott Bauer/Primary Examiner, Art Unit 2838