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 .
Drawings
The drawings are objected to because of the reference numbers in the drawings are not clearly written. Fig. 1B contains a reference number that could be interpreted to read 100B or 10013.
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 § 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) 1-6 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Flex-prop (WO 2009/091299 A1).
Regarding claim 1, Flex-prop discloses a crossover fastener assembly (see Fig. 4) comprising:
first and second crossed arms (see Abstract, see page 8 lines 9-15, and openings for tubes in Fig. 4);
between the arms, a bridge (2 in Fig. 5) into which the arms are fitted (see Fig. 5), the bridge for preventing a relative rotation of the first arm with respect to the second arm (see Fig. 5);
the arms fixed to the bridge by a compression frame (1, see Figs. 4 and 7);
the compression frame having opposing members (see Fig. 4) for capturing the bridge and the arms therebetween (see Fig. 4); and,
opposing member corners with fitments (19) for bolts (3), the bolts operable to move the opposing members closer together (see Figs. 4 and 7 for example).
Regarding claim 2, Flex-prop discloses wherein:
the bridge (2) receives the first arm (see page 8 lines 9-15) into opposed slots (8 in Fig. 5) with openings at one end of the bridge (see Fig. 5); and,
the bridge receives the second arm (see page 8 lines 9-15) into opposed slots (8 in Fig. 5) with openings at an opposite end of the bridge (see Fig. 5).
Regarding claim 3, Flex-prop discloses wherein one of the compression frame members (1) includes a web (7 and 9 in Fig. 7) with canted web portions (15 in Fig. 7) that join at a web centerline (see Fig. 7).
Regarding claim 4, Flex-prop discloses wherein:
both compression frame members (1 in Fig. 4) have a web (7 and 9 on member 1);
one of the webs being received by the opposed slots (8 on member 2) at one end of the bridge (2, see Fig. 4);
the other of the webs being received by the opposed slots (8 on member 2) at the other end of the bridge (see Fig. 2).
Regarding claim 5, Flex-prop discloses wherein various sizes or diameters of one of the arms (see Abstract and openings for tubes in Fig. 4) are accommodated when one of the webs (9 on member 1) fits inside a pair of the bridge slots (8 on member 2).
Regarding claim 6, Flex-prop discloses wherein each arm (see Abstract and openings for tubes in Fig. 4) contacts the bridge (2) and one of the compression frame members (1, see Abstract and Fig. 4 for example).
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) 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Flex-prop (WO 2009/091299 A1) in view of Strishock (US 11,594,809 B1).
Regarding claim 7, Flex-prop discloses an assembly (see Fig. 4) comprising:
first and second crossed arms (see Abstract, page 8 lines 9-15, and openings for tubes in Fig. 4);
a crossover fastener (see Fig. 4) including a bridge (2 in Fig. 5) and a compression frame (1, see Figs. 4 and 7);
between the arms, the bridge into which the arms are fitted (see Fig. 5), the bridge for preventing a relative rotation of the first arm with respect to the second arm (see page 8 lines 9-15 and Fig. 4);
the arms fixed to the bridge by the compression frame (1, see Fig. 4);
the compression frame having opposing members (1) for capturing the bridge and the arms therebetween (see Fig. 4);
opposing member corners with fitments (19) for bolts (3), the bolts operable to move the opposing members closer together (see Figs. 4 and 7 for example).
Flex-prop fails to disclose as claimed that the assembly that includes a cell tower that supports a cellular telephone antenna via the crossover fastener, the first and second arms being tower arms, and the cellular telephone antenna coupled to the tower via the first tower arm or the second tower arm.
However, Strishock teaches that it is known to use crossover fasteners for cell towers, and further teaches an assembly (see Fig. 14) that includes a cell tower (A in annotated Figure 14 below) that supports a cellular telephone antenna (141a-c) via the crossover fastener (144a-c), the first (143) and second (142a-c) arms being tower arms (see Fig. 14), and the cellular telephone antenna coupled to the tower via the first tower arm or the second tower arm (see Fig. 14), in order to provide removable and adjustable crossed rod connections for cell towers and cellular telephone antennas.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed to modify the assembly of Flex-prop, with Strishock, such that the crossover fastener of Flex-prop is used to connect tower arms as taught by Strishock, in order to provide removable and adjustable crossed rod connections for cell towers and cellular telephone antennas.
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Figure 1. Annotated Figure 14.
Regarding claim 8, the combination of Flex-prop and Strishock teaches wherein:
the bridge (2 of Flex-prop) receives the first tower arm (143 of Strishock) into opposed slots (8 in Fig. 5 of Flex-prop) with openings at one end of the bridge (see Fig. 5 of Flex-prop); and,
the bridge receives the second tower arm (142a-c of Strishock) into opposed slots (8 in Fig. 5 of Flex-prop) with openings at an opposite end of the bridge (see Fig. 5 of Flex-prop).
Regarding claim 9, the combination of Flex-prop and Strishock teaches wherein one of the compression frame members (1 of Flex-prop) includes a web (7 and 9 in Fig. 7 of Flex-prop) with canted web portions (15 in Fig. 7 of Flex-prop) that join at a web centerline (see Fig. 7 of Flex-prop).
Regarding claim 10, the combination of Flex-prop and Strishock teaches wherein:
both compression frame members (1 of Flex-prop) have a web (7 and 9 in Fig. 7 of Flex-prop);
one of the webs being received by the opposed slots (8 on member 2 of Flex-prop) at one end of the bridge (2 of Flex-prop, see Fig. 4 of Flex-prop);
the other of the webs being received by the opposed slots (8 on member 2 of Flex-prop) at the other end of the bridge (2 of Flex-prop, see Fig. 4 of Flex-prop).
Regarding claim 11, the combination of Flex-prop and Strishock teaches wherein each tower arm (142a-c and 143 of Strishock) contacts the bridge (2 of Flex-prop) and one of the compression frame members (1 of Flex-prop, see Fig. 4 of Flex-prop).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678