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 Objections
Claims 7 and 17 are objected to because of the following informalities:
Claim 7, in lines 1-2, recites: “the one or more mounting bosses are configured are configured to slide along crossed tracks”. It should read: the one or more mounting bosses are configured to slide along crossed tracks.
Claim 17, in line 12, recites: “wherein the mounting hole is configured receive a fastener”. It should read wherein the mounting hole is configured to receive a fastener.
Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 9-11, 13, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Moon (US 20190191581 A1, and Moon hereinafter) in view of Gassaway (US 4858878 A, and Gassaway hereinafter).
Regarding Claim 1, Moon discloses a bracket (fig. 1B, including 100 and 200) for a heating, ventilation, and/or air conditioning (HVAC) system, wherein the bracket is configured to mount an electronic board on a housing of HVAC equipment (20, fig. 1A) in a plurality of installed configurations (figs. 1A-1B, e.g., 200 could be installed upside down), wherein each of the plurality of installed configurations corresponds to a respective mounting location of a plurality of mounting locations on the HVAC equipment (“the cover 100 of the assembly 30 is configured to couple to a component within an air handler 10, such as an internal or external wall (e.g., a side wall 21, upper wall 22, or internal wall 24”, [0022]), the bracket comprising:
a body (100, fig. 1B) comprising a first side (fig. 3A, top surface of 122a and 122b as shown in fig. 3A, defining inner side facing interior space 101), and a second side (fig. 3A, bottom side of 122a and 122b defining outer side, i.e., surface abutting 21 in fig. 1B), wherein the first side is opposite the second side (fig. 1B and 3A), the first side is configured to couple with the electronic board (300, fig. 1B), and the second side is configured to face a mounting surface of the housing (fig. 1B); and
a mounting hole (152, fig. 3B) extending from the first side to the second side of the body (fig. 3B).
Moon does not explicitly disclose the mounting hole is configured receive a fastener therethrough to mount the bracket in a first installed configuration of the plurality of installed configurations, and wherein the mounting hole is configured to be aligned with an opening on the mounting surface and secured with the fastener in the first installed configuration.
Gassaway discloses a mounting hole (holes of 21 corresponding to 55-56, fig. 3) is configured receive a fastener (55-56, fig. 3) therethrough to mount a bracket (fig. 3) in a first installed configuration of a plurality of installed configurations (fig. 3), and wherein the mounting hole is configured to be aligned with an opening on the mounting surface (fig. 3) and secured with the fastener in the first installed configuration (fig. 6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon to incorporate the teachings of Gassaway so that the mounting hole is configured receive a fastener therethrough to mount the bracket in a first installed configuration of the plurality of installed configurations, and wherein the mounting hole is configured to be aligned with an opening on the mounting surface and secured with the fastener in the first installed configuration, in order to hold the bracket to the mounting surface (“On vertical walls and on certain substrates, bolt means will be passed through the base plate and through the substrate body, additionally to hold the base plate to the body”, Col. 2, ln. 38-41 of Gassaway). This modification would be implemented by adding fastener to each of the holes located in the mounting tabs of Moon (such as 150, 151 of fig. 3B) to couple them to the mounting surface of the housing (“one or more mounting tabs 150 configured to couple with the housing wall 21”, [0034] of Moon).
Regarding Claim 2, Moon/Gassaway discloses the bracket of claim 1, comprising an additional mounting hole extending from the first side to the second side of the body (fig. 3B of Moon, hole located in 150), wherein the additional mounting hole is configured to receive the fastener to mount the electronic board in a second installed configuration of the plurality of installed configurations (figs. 1A-1B of Moon in view of fig. 3 of Gassaway. See also rejection of Claim 1 above), wherein the additional mounting hole is configured to be aligned with the opening on the mounting surface and secured with the fastener (fig. 6 of Gassaway) in the second installed configuration, the second installed configuration differing from the first installed configuration (See rejection of Claim 1 above).
Regarding Claim 3, Moon/Gassaway discloses the bracket of claim 2, wherein the mounting hole and the additional mounting hole are symmetrically located about a transverse plane of the body (fig. 3B of Moon).
Regarding Claim 4, Moon/Gassaway discloses the bracket of claim 3 but does not explicitly disclose the first side and the second side comprise substantially trapezoidal circumferences, and the mounting hole and the additional mounting hole are formed at respective acute corners of the body.
However, a person of ordinary skill in the art would have recognized that such modification would be equivalent to a change of shape. Courts have ruled that absent disclosure of new, unexpected functional result, changing the shape of a known device is a matter of routine design choice and carries no patentable weight (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). See also MPEP § 2144.04 (IV)(B)). A person of ordinary skill would have been motivated to implement said modification, for instance, to make it more appealing to the user by providing a non-conventional shape.
Regarding Claim 9, Moon/Gassaway discloses the bracket of claim 1, wherein the mounting hole comprises a mounting sleeve extending outwardly from the second side and/or the first side of the body (150 and 152, fig. 3B of Moon).
Regarding Claim 10, Moon discloses a heating, ventilation, and/or air conditioning (HVAC) system, comprising:
HVAC equipment comprising a housing (20, fig. 1A);
an electronic board (300, fig. 1A);
a bracket (100, fig. 3A) configured to mount the electronic board on the housing of the HVAC equipment in a plurality of installed configurations (figs. 1A-1B, e.g., 200 could be installed upside down), wherein each of the plurality of installed configurations corresponds to a respective mounting location of a plurality of mounting locations on the HVAC equipment (“the cover 100 of the assembly 30 is configured to couple to a component within an air handler 10, such as an internal or external wall (e.g., a side wall 21, upper wall 22, or internal wall 24”, [0022]), the bracket comprising:
a body (100, fig. 1B) comprising a first side (fig. 3A, top surface of 122a and 122b as shown in fig. 3A defining inner side facing interior space 101), and a second side (fig. 3A, bottom side of 122a and 122b defining outer side, i.e., surface abutting 21 in fig. 1B), wherein the first side is opposite the second side (fig. 1B and 3A), the first side is configured to couple with the electronic board (300, fig. 1B), and the second side is configured to face a mounting surface of the housing (fig. 1B); and
a mounting hole (152, fig. 3B) extending from the first side to the second side of the body (fig. 3B).
Moon does not explicitly disclose a fastener; and the mounting hole is configured receive the fastener therethrough to mount the bracket in a first installed configuration of the plurality of installed configurations, and wherein the mounting hole is configured to be aligned with an opening on the mounting surface and secured with the fastener in the first installed configuration.
Gassaway discloses a fastener (55-56, fig. 3); and a mounting hole (holes of 21 corresponding to 55-56, fig. 3) is configured receive a fastener (fig. 3) therethrough to mount a bracket (fig. 3) in a first installed configuration of a plurality of installed configurations (fig. 3), and wherein the mounting hole is configured to be aligned with an opening on the mounting surface (fig. 3) and secured with the fastener in the first installed configuration (fig. 6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon to incorporate the teachings of Gassaway so that the mounting hole is configured receive a fastener therethrough to mount the bracket in a first installed configuration of the plurality of installed configurations, and wherein the mounting hole is configured to be aligned with an opening on the mounting surface and secured with the fastener in the first installed configuration, in order to hold the bracket to the mounting surface (“On vertical walls and on certain substrates, bolt means will be passed through the base plate and through the substrate body, additionally to hold the base plate to the body”, Col. 2, ln. 38-41 of Gassaway). This modification would be implemented by adding fastener to each of the holes located in the mounting tabs of Moon (such as 150, 151 of fig. 3B). This modification would be implemented by adding fastener to each of the holes located in the mounting tabs of Moon (such as 150, 151 of fig. 3B) to couple them to the mounting surface of the housing (“one or more mounting tabs 150 configured to couple with the housing wall 21”, [0034] of Moon).
Regarding Claim 11, Moon/Gassaway discloses the HVAC system of claim 10, wherein the bracket comprises an additional mounting hole extending from the first side to the second side of the body (fig. 3B of Moon, hole located in 150), wherein the additional mounting hole is configured to receive the fastener to mount the electronic board in a second installed configuration of the plurality of installed configurations (figs. 1A-1B of Moon in view of fig. 3 of Gassaway. See also rejection of Claim 10 above), wherein the additional mounting hole is configured to be aligned with the opening on the mounting surface and secured with the fastener (fig. 6 of Gassaway) in the second installed configuration, the second installed configuration differing from the first installed configuration (See rejection of Claim 1 above).
Regarding Claim 13, Moon/Gassaway discloses the HVAC system of claim 10, wherein the housing comprises a left panel and a right panel (fig. 1A of Moon, housing wall 21 and instance opposite to it), and the plurality of mounting locations comprise an interior surface of the left panel, an interior surface of the right panel, an exterior surface of the left panel, and an exterior surface of the right panel (“the cover 100 of the assembly 30 is configured to couple to a component within an air handler 10, such as an internal or external wall (e.g., a side wall 21, upper wall 22, or internal wall 24”, [0022]).
Regarding Claim 17, Moon discloses a method, comprising:
coupling an electronic board to a bracket (figs. 1A-1B, board 300 couples to bracket 100), wherein the bracket is configured to mount the electronic board on a housing of heating, ventilation, and/or air conditioning (HVAC) equipment (20, fig. 1A) in a plurality of installed configurations (figs. 1A-1B, e.g., 200 could be installed upside down), wherein each of the plurality of installed configurations corresponds to a respective mounting location of a plurality of mounting locations on the HVAC equipment (“the cover 100 of the assembly 30 is configured to couple to a component within an air handler 10, such as an internal or external wall (e.g., a side wall 21, upper wall 22, or internal wall 24”, [0022]), the bracket comprising:
a body (100, fig. 1B) comprising a first side (fig. 3A, top surface of 122a and 122b as shown in fig. 3A defining inner side facing interior space 101), and a second side (fig. 3A, bottom side of 122a and 122b defining outer side, i.e., surface abutting 21 in fig. 1B), wherein the first side is opposite the second side (fig. 1B and 3A), the first side is configured to couple with the electronic board (300, fig. 1B), and the second side is configured to face a mounting surface of the housing (fig. 1B); and
a mounting hole (152, fig. 3B) extending from the first side to the second side of the body (fig. 3B).
Moon does not explicitly disclose the mounting hole is configured receive a fastener therethrough to mount the bracket in a first installed configuration of the plurality of installed configurations, and wherein the mounting hole is configured to be aligned with an opening on the mounting surface and secured with the fastener in the first installed configuration; and mounting the bracket on the housing in the first installed configuration by: orientating the bracket to align the mounting hole with an opening on the mounting surface; and inserting the fastener through the mounting hole to secure the bracket.
Gassaway discloses a mounting hole (holes of 21 corresponding to 55-56, fig. 3) is configured receive a fastener (55-56, fig. 3) therethrough to mount a bracket (fig. 3) in a first installed configuration of a plurality of installed configurations (fig. 3), and wherein the mounting hole is configured to be aligned with an opening on the mounting surface (fig. 3) and secured with the fastener in the first installed configuration (fig. 6); and mounting the bracket on the housing in the first installed configuration by: orientating the bracket to align the mounting hole with an opening on the mounting surface (fig. 3); and inserting the fastener through the mounting hole to secure the bracket (figs. 3 and 6).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon to incorporate the teachings of Gassaway so that the mounting hole is configured receive a fastener therethrough to mount the bracket in a first installed configuration of the plurality of installed configurations, and wherein the mounting hole is configured to be aligned with an opening on the mounting surface and secured with the fastener in the first installed configuration; and mounting the bracket on the housing in the first installed configuration by: orientating the bracket to align the mounting hole with an opening on the mounting surface; and inserting the fastener through the mounting hole to secure the bracket, in order to hold the bracket to the mounting surface (“On vertical walls and on certain substrates, bolt means will be passed through the base plate and through the substrate body, additionally to hold the base plate to the body”, Col. 2, ln. 38-41 of Gassaway). This modification would be implemented by adding fastener to each of the holes located in the mounting tabs of Moon (such as 150, 151 of fig. 3B) to couple them to the mounting surface of the housing (“one or more mounting tabs 150 configured to couple with the housing wall 21”, [0034] of Moon).
Regarding Claim 19, Moon/Gassaway discloses the method of claim 17, wherein the bracket comprises an additional mounting hole extending from the first side to the second side of the body (fig. 3B of Moon, hole located in 150), wherein the additional mounting hole is configured to receive the fastener to mount the electronic board in a second installed configuration of the plurality of installed configurations (figs. 1A-1B of Moon in view of fig. 3 of Gassaway. See also rejection of Claim 17 above), wherein the additional mounting hole is configured to be aligned with the opening on the mounting surface and secured with the fastener (fig. 6 of Gassaway) in the second installed configuration, the second installed configuration differing from the first installed configuration (See rejection of Claim 17 above).
Regarding Claim 20, Moon/Gassaway discloses the method of claim 19, comprising: mounting the bracket on the housing in the second installed configuration (fig. 1 B of Moon, 300 installed upside down, see rejection of claim 17 above) by: orientating the bracket to align the additional mounting hole with an opening on the mounting surface; and inserting the fastener through the additional mounting hole to secure the bracket (figs. 1B and 3A of Moon in view of fig. 3 of Gassaway; all mounting holes oriented to align with openings on mounting surface and fastener inserted through them. See also, rejection of Claim 19 above).
Claims 5, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of Gassaway, further in view of DeLoach et al. (US 11187418 B1, and DeLoach hereinafter).
Regarding Claim 5, Moon/Gassaway discloses the bracket of claim 1 but does not explicitly disclose the mounting hole comprises a quarter-turn nut.
DeLoach discloses a mounting hole comprises a quarter-turn nut (fig. 3, “flanges 22 with holes where screws or fasteners, such as quarter turn fasteners, can be inserted into the holes 26 of the mounting sleeve”, Col. 8, ln. 41-43).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon and Gassaway to incorporate the teachings of DeLoach so that the mounting hole comprises a quarter-turn nut, in order to reduce the amount of time driving the fastener through the hole.
Regarding Claim 14, Moon/Gassaway discloses the HVAC system of claim 10, but does not explicitly disclose the mounting hole comprises a quarter-turn nut.
DeLoach discloses a mounting hole comprises a quarter-turn nut (fig. 3, “flanges 22 with holes where screws or fasteners, such as quarter turn fasteners, can be inserted into the holes 26 of the mounting sleeve”, Col. 8, ln. 41-43).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon and Gassaway to incorporate the teachings of DeLoach so that the mounting hole comprises a quarter-turn nut, in order to reduce the amount of time driving the fastener through the hole.
Regarding Claim 18, Moon/Gassaway discloses the method of claim 17 but does not explicitly disclose rotating the fastener by 90 degrees to lock the fastener in place within the mounting hole, wherein the mounting hole comprises a quarter-turn nut.
DeLoach discloses rotating the fastener by 90 degrees to lock the fastener in place within the mounting hole, wherein the mounting hole comprises a quarter-turn nut (fig. 3, “flanges 22 with holes where screws or fasteners, such as quarter turn fasteners, can be inserted into the holes 26 of the mounting sleeve”, Col. 8, ln. 41-43; 90 degrees rotation to lock fastener in place inherently disclosed by quarter turn fastener).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon and Gassaway to incorporate the teachings of DeLoach so that it further comprises rotating the fastener by 90 degrees to lock the fastener in place within the mounting hole, wherein the mounting hole comprises a quarter-turn nut, in order to reduce the amount of time driving the fastener through the hole.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of Gassaway, further in view of Riedel et al. (US 20140131536 A1, and Riedel hereinafter).
Regarding Claim 6, Moon/Gassaway discloses the bracket of claim 1 but does not explicitly disclose the body further comprises one or more mounting bosses disposed on the first side configured to secure the electronic board to the bracket.
Riedel discloses a bracket (10, fig. 4) comprising a body (20, fig. 4), the body further comprises one or more mounting bosses (80, fig. 4) disposed on a first side configured to secure an electronic board to the bracket (140, figs. 1 and 4; “a threaded fastener 90 would be inserted through a first ECM 140 and then threaded into the boss 80”, [0022]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon and Gassaway to incorporate the teachings of Riedel so that the body further comprises one or more mounting bosses disposed on the first side configured to secure the electronic board to the bracket, in order to couple the electronic board to the mounting bracket ([0022] of Riedel).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of Gassaway, further in view of Smith et al. (US 7412898 B1, and Smith hereinafter).
Regarding Claim 15, Moon/Gassaway/DeLoach discloses the HVAC system of claim 14, but does not explicitly disclose the fastener comprises a component assembly, and the quarter-turn nut is configured to secure the component assembly in a desired orientation when the fastener is fully engaged with the quarter-turn nut.
Smith discloses a fastener (100, fig. 1) comprises a component assembly (102, fig. 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon, Gassaway, and DeLoach to incorporate the teachings of Smith so that the fastener comprises a component assembly, in order to allow remote monitoring of the fastener tightness (“The present invention relates, in general, to determining and monitoring whether fasteners such as bolts are properly tightened, e.g., are under a proper pre-load or torque”, Background section of Smith). This modification would be implemented by attaching transponder 120 (fig. 1 of Smith) to the head of the quarter-turn fastener disclosed DeLoach. After said modification, due to the functional mechanism of the quarter-turn fastener and corresponding quarter-turn nut, the quarter-turn nut would necessarily be configured to secure the component assembly in a desired orientation when the fastener is fully engaged with the quarter-turn nut.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Moon in view of Gassaway, DeLoach, and Smith, further in view of Schaff et al. (US 20160261695 A1, and Sschaff hereinafter).
Regarding Claim 16, Moon/Gassaway/DeLoach/Schaff discloses the HVAC system of claim 15, but does not explicitly disclose the component assembly comprises a Wi-Fi antenna assembly.
Schaff discloses a fastener including a component assembly comprising a Wi-Fi antenna assembly (“a fastener component that communicates information in additional to providing mechanical attachment”, Abstract section; “said fastener embodiment the electronics is wifi chip, electrical connection to a wifi chip, and optical transmission”, [0067]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Moon, Gassaway, and DeLoach to incorporate the teachings of Smith so that the component assembly comprises a Wi-Fi antenna assembly, in order to allow remote monitoring of the fastener tightness (“The present invention relates, in general, to determining and monitoring whether fasteners such as bolts are properly tightened, e.g., are under a proper pre-load or torque”, Background section of Smith).
Allowable Subject Matter
Claims 7-8, and 12 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 7 and 12, patentability exists, at least in part, with the claimed features of “bosses (are) configured to slide along crossed tracks of a (mounting) frame to facilitate transitioning the (mounting) bosses between different configurations for coupling to a variety of types of the electronic board”. Spann (US 20020096845 A1), Takenouchi (US 5230635 A), Desarzens (US 20030216716 A1), Mikulec (US 5742987 A), are cited as teaching some elements of the claimed invention including a display panel, a box, a connection frame, and/or a vibration actuator. However, the prior art, when taken alone, or, in combination, cannot be construed as reasonably teaching or suggesting all of the elements of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant. For instance, Span discloses bosses (95, fig. 10) configured to slide along tracks of a mounting frame (38, fig. 2); however the tracks of Spann are not crossed, therefore it lacks bosses configured to slide along crossed tracks of a (mounting) frame to facilitate transitioning the (mounting) bosses between different configurations for coupling to a variety of types of the electronic board.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Martin A Asmat-Uceda whose telephone number is (571)270-7198. The examiner can normally be reached 8 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALLEN L PARKER/Supervisory Patent Examiner, Art Unit 2841
/MARTIN ANTONIO ASMAT UCEDA/Examiner, Art Unit 2841
Prosecution Insights