DETAILED ACTION
Claim Objections
Claims 12, 19 and 26 are objected to because of the following informalities:
In claim 12 (line 6) “vertical member” should recite –vertical member--.
In claim 12 (line 7) “vertical member” should recite –vertical member--.
In claim 12 (line 9) “vertical member” should recite –vertical member--.
In claim 12 (line 10) “vertical member” should recite –vertical member--.
In claim 19 (line 8) “vertical member” should recite –vertical member--.
In claim 19 (line 9) “vertical member” should recite –vertical member--.
In claim 19 (line 11) “vertical member” should recite –vertical member--.
In claim 19 (line 12) “vertical member” should recite –vertical member--.
In claim 26 (line 6) “vertical member” should recite –vertical member--.
In claim 26 (line 7) “vertical member” should recite –vertical member--.
In claim 26 (line 9) “vertical member” should recite –vertical member--.
In claim 26 (line 10) “vertical member” should recite –vertical member--.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12-31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 (lines 3-11) recites “a horizontal member extending in a first direction, a vertical member extending in a second direction transverse to the first direction… the first retainer receiver extending along a bottom side of the [horizontal] member in a third direction that is transverse to the first direction and the second direction, and… the second retainer receiver extending along the bottom side of the [horizontal] member in the third direction”.
It is unclear as to structural features of the horizontal and vertical members define the first and second directions such that second direction is “transverse to the first direction” and third direction is “transverse to the first direction and the second directions”. It is unclear as whether such first and second directions are defined by a longitudinal extension direction or a width extension direction of each of the horizontal and vertical members; it is unclear as to what surfaces of the horizontal and vertical members define such extension directions, and unclear as to how such surfaces correspond to the bottom side of the horizontal member. Accordingly, one is unable to properly determine the metes and bounds of such claim. Claims 13-18 depend from claim 12 and are likewise rejected as being indefinite.
Claim 19 (lines 4-13) and claim 26 (lines 2-10) each recite “a horizontal member extending in a first direction… the vertical member extending in a second direction transverse to the first direction… the first retainer receiver extending along a bottom side of the [horizontal] member in a third direction that is transverse to the first direction and the second direction, and… the second retainer receiver extending along the bottom side of the [horizontal] member in the third direction”.
It is unclear as to structural features of the horizontal and vertical members define the first and second directions such that second direction is “transverse to the first direction” and third direction is “transverse to the first direction and the second directions”. It is unclear as whether such first and second directions are defined by a longitudinal extension direction or a width extension direction of each of the horizontal and vertical members; it is unclear as to what surfaces of the horizontal and vertical members define such extension directions, and unclear as to how such surfaces correspond to the bottom side of the horizontal member. Accordingly, one is unable to properly determine the metes and bounds of such claims. Claims 20-25 and 27-31 depend from claims 19 and 26 and are likewise rejected as being indefinite.
Claim 12 (lines 12-23), claim 19 (lines 14-25) and claim 26 (lines 11-22) each recite “a fastener configured to extend through the horizontal member; a retainer including: a central opening, a plurality of arms radially disposed around the central opening… a first coupling member extending from a distal end of a first arm of the plurality of arms, the first coupling member configured to be disposed within the first retainer receiver, and a second coupling member extending from a distal end of a second arm of the plurality of arms, the second coupling member configured to be disposed within the second retainer receiver; and a sealing washer configured to be disposed within the retainer”.
Claims 12, 19 and 26 each fail to recite any limitations which allow one to properly determine how the fastener engages each of the retainer and the sealing washer such to allow the first and second coupling members to be disponed within the first and second retainer receivers with the sealing washer disposed within the retainer. It is unclear as to how the first and second coupling members can be disponed within the first and second retainer receivers with the sealing washer disposed within the retainer, without interference between the fastener and the retainer and/or sealing washer. Accordingly, one is unable to properly determine the metes and bounds of such claims. Claims 13-18, 20-25 and 27-31 depend from claims 12, 19 and 26 and are likewise rejected as being indefinite.
Allowable Subject Matter
Claims 12-31 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
As to claims 12, 19 and 26 as best understood, Liu (US 8,136,311) in view of Wu (US 5,281,065) discloses the claimed mounting assembly with the exception of comprising a first retainer receiver at a first end of the horizontal member extending along a bottom side of the horizontal member in a third direction that is transverse to the first direction and the second direction, and a second retainer receiver at a second end of the horizontal member extending along the bottom side of the horizontal member in the third direction; and a retainer including: a central opening, a plurality of arms radially disposed around the central opening and extending away from the central opening, a first coupling member extending from a distal end of a first arm of the plurality of arms and configured to be disposed within the first retainer receiver, and a second coupling member extending from a distal end of a second arm of the plurality of arms and configured to be disposed within the second retainer receiver.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting assembly disclosed by Liu in view of Wu to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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04/20/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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