1DETAILED 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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 6/27/2024 and 8/22/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of species I and sub-species A in the reply filed on 10/15/2025 is acknowledged. Claims 9-10 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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.
REJECTION BASED ON FIRST EMBODIMENT OF RIXEN
Claim(s) 1, 8, 11 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 4304239 to Rixen.
Regarding claim 1, Rixen discloses a mounting system for mounting an object or bracket to a frame of a transportation device, the mounting system comprising: a base assembly (47 – Fig. 2) positionable against the frame, the base assembly including: a first passage (Annotated Fig. 2 below) orientable along the frame (Fig. 5 – long dimension of passage extends along the frame), and at least one second passage (Annotated Fig. 2) transversely oriented to the first passage; a flexible fastener (19) including an elongated flexible body extending through the first passage and positionable around the frame and through the at least one second passage (Fig. 2); and at least one fastener coupler (16) to couple the flexible fastener in the at least one second passage.
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Rixen Annotated Fig. 2
Regarding claim 8, Rixen discloses wherein the at least one fastener coupler (16 – clamping screw) is a threaded fastener threadingly engaged to the base assembly to secure the flexible body in the at least one second passage (Fig. 2).
Regarding claim 11, Rixen discloses wherein the base assembly includes a first plate (23) and a second plate (22), the second plate being positionable against the frame and the first plate positioned on the second plate (Fig. 2).
Regarding claim 17, Rixen discloses a method for mounting an object or bracket to a frame of a transportation device, the method comprising: positioning a base assembly (47 – Fig. 2) against the frame with a first passage of the base assembly oriented along the frame (Annotated Fig. 2 above; Fig. 5) and at least one second passage oriented transversely to the frame (Annotated Fig. 2 above), the base assembly including a flexible fastener (19) extending through the first passage; wrapping a first portion of the flexible fastener in a first direction around the frame (Fig. 2); positioning the flexible fastener through the at least one second passage transversely to the frame (Fig. 2); and coupling the flexible fastener to the base assembly (via 16).
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) 2, 6 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rixen in view of WO 00/43257 to Ortlieb.
Regarding claim 2, Rixen discloses wherein: the at least one second passage of the base assembly includes two second passages at opposite ends of the base assembly (Annotated Fig. 2 – second passages are at a top and bottom end of the base) that each extend transversely to the first passage; the elongated flexible body of the flexible fastener is positionable around the frame from opposite ends of the first passage and through each of the two second passages (the flexible body is capable of this routing). Rixen discloses one fastener coupler (16), but not two. However, Ortlieb discloses a mounting system including a flexible fastener that has a fastener coupler (26) to secure the flexible fastener within a passage. It would have been obvious to one of ordinary skill to have used a fastener coupler at one end of the flexible fastener to assist in keeping the flexible fastener in position when securing the mounting system. In the combination, the two fastener couplers couple the flexible fastener in respective ones of the two second passages.
Regarding claim 6, Rixen fails to disclose an end stop. However, Ortlieb discloses a mounting system including a flexible fastener that has an end stop (26) having a flange (enlarged head of 26 – Fig. 5) that is positioned in a receptacle (receptacle for receiving 26 – Fig. 5) of the base assembly to fixedly engage the flexible fastener to the base assembly. It would have been obvious to one of ordinary skill to have used an end stop at one end of the flexible fastener (either in addition to or instead of the bend in end portion of 19) to assist in keeping the flexible fastener in position when securing the mounting system.
Regarding claim 21, the combination from claim 6 discloses fixing a first end of the flexible fastener to the base assembly, wherein fixing the first end includes: restraining an end stop (26 – Ortlieb) of the flexible fastener in a fastener receptacle of the base assembly (receptacle receiving 26 – Ortlieb); and extending a flexible body of the flexible fastener (19 – Rixen) through a slot that extends from the receptacle through the base assembly (for this claim, the lower “second passage” in Annotated Fig. 2 can be considered the slot).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rixen in view of US Patent 4,437,596 to Shook.
Regarding claim 12, Rixen discloses wherein the first plate includes an inner side (upper side of 23 in Fig. 2) facing the second plate and an opposite outer side. Rixen fails to disclose a nut receptacle. However, Shook discloses a holding bracket including a nut receptacle (Fig. 5A – receptacle in 26 for accommodating nut 29), and further including a fastener bore (hole in 26) aligned with the nut receptacle (Fig. 5A). It would have been obvious to one of ordinary skill to have used a fastener and nut receptacle in the first plate (23 – Rixen) to attach the desired object to the mount because the modification only involves a simple substitution of one known, equivalent fastening element for another to obtain predictable results. The combination fails to disclose two receptacles and two fastener bores. However, Rixen discloses using two fastening elements (Fig. 5 – 9 and 20), and using two fasteners would have been obvious because the modification only involves a mere duplication of known elements having only predictable results. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 13, the combination from claim 12 discloses a first nut positioned in the first nut receptacle and a second nut positioned in the second nut receptacle (Rixen as modified by Shook).
Regarding claim 14, the combination from claim 12 discloses a first bracket fastener (30 – Shook) extending through the first fastener bore and in engagement with the first nut positioned in the first nut receptacle; and a second bracket fastener (30 – Shook) extending through the second fastener bore and in engagement with the second nut positioned in the second nut receptacle, wherein the first and second bracket fasteners secure the object or bracket to the base assembly.
REJECTION BASED ON SECOND EMBODIMENT OF RIXEN
Claim(s) 1 and 3-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 4304239 to Rixen.
Regarding claim 1, Rixen discloses a mounting system for mounting an object or bracket to a frame of a transportation device, the mounting system comprising: a base assembly (4, 13 – Fig. 1) positionable against the frame, the base assembly including: a first passage (Annotated Fig. 1 below) orientable along the frame (Fig. 5 – long dimension of passage extends along the frame), and at least one second passage (Annotated Fig. 1) transversely oriented to the first passage (passage is at an angle to the first passage – Fig. 1); a flexible fastener (9) including an elongated flexible body extending through the first passage and positionable around the frame and through the at least one second passage (Annotated Fig. 1); and at least one fastener coupler (6) to couple the flexible fastener in the at least one second passage.
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Rixed Annotated Fig. 1
Regarding claim 3, Rixen discloses a fastener tensioner (5; page 4, first paragraph of English translation) engageable to the base assembly and the flexible fastener, wherein the fastener tensioner is configured to tighten and tension the flexible fastener around the frame with the flexible body of the flexible fastener fixedly coupled to the base assembly and with the fastener coupler and the first end of the flexible fastener fixedly engaged in a receptacle of the base assembly (Fig. 1/Annotated Fig. 1).
Regarding claim 4, Rixen discloses wherein the fastener tensioner includes: a slider (shank of 5) engageable to the flexible fastener (Fig. 1); and a slider adjuster (head of 5) engageable to the base assembly and the slider (when tightened, the head is engaged with the base assembly and slider), the slider adjuster configured to displace the slider relative to the base assembly to tension the flexible fastener (Fig. 1).
Allowable Subject Matter
Claims 5, 7, 15 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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