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 .
This is a non-final Office Action for serial number 18/618,884, Multi-Gang Mounting Bracket For Electrical Or Communication Device, filed on March 27, 2024.
Election/Restrictions
Claims 4, and 9-14 are withdrawn from further consideration Applicant timely traversed the restriction (election) requirement in the reply filed on February 6, 2026. Applicant can only elect one embodiment for this prosecution.
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) 1-3, 5-8, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2019/0376643 to Witherbee et al. (Witherbee).
Witherbee ‘643 discloses a mounting bracket (10) for attaching a junction box to a wall stud comprising: a face plate (12) having opposite upper and lower edge margins and opposite left and right edge margins; a stud mounting flange (18) extending laterally from the left edge margin of the face plate and configured for attaching the mounting bracket to the wall stud; and a box mounting flange (32) attached to the right edge margin of the face (near “20”), the box mounting flange being configured to engage a side wall of the junction box to couple the box to the mounting bracket.
Regarding claim 2, Witherbee ‘643 discloses wherein when the box mounting flange is in engagement with the side wall of the junction box, a front surface of the face plate is flush with a front surface of the junction box (see Fig. 13).
Regarding claim 3, Witherbee ‘643 discloses wherein the box mounting flange comprises a clip (between two flanges – 32) configured to clip onto the side wall of the junction box and engage inner and outer side surface of the side wall to retain the junction box to the mounting bracket.
Regarding claim 5, Witherbee ‘643 discloses alignment flanges (34 – bottom) and (above 17 in Fig. 8) and a first alignment flange (top) being configured to engage a top wall of the junction box and a second alignment flange (bottom) being configured to engage a bottom walls of the junction box to align and center the junction box on the mounting bracket when the junction box is coupled to the mounting bracket.
Regarding claim 6, Witherbee ‘643 discloses a far side support (42) extending rearwardly from the face plate.
Regarding claim 7, Witherbee ‘643 discloses mounting tabs (17) extending rearwardly from upper and lower edge margins of the face plate.
Regarding claim 8, Witherbee ‘643 discloses wherein the face plate has a generally rectangular shape (see Fig. 13).
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(s) 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Witherbee ‘643.
Concerning method claims 15-20, in view of the structure discloses by Witherbee ‘643, the method of coupling a mounting bracket to a junction box would have been obvious, since it is the normal and logical manner in which the device would be used. If a prior art device, in its normal and usual operation, would be necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication No. 2020/0378553 - Mounting Bracket For Electrical Boxes
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TODD M. EPPS whose telephone number is (571) 272-8282. The examiner can normally be reached Monday-Friday 8am - 5pm.
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/TODD M EPPS/Primary Examiner, Art Unit 3632 May 27, 2026
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