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 .
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 6 and 17 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.
Regarding claims 6 and 17, it is unclear if the “pole arm connector” is the same as the “pole arm connector plug”.
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) 1, 4, 5, 6, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US 10297177 to Schwartz in view of US 7810265 to Beatty.
Regarding claim 1, Schwartz teaches a wind load limited banner support comprising: a plurality of signage holders (upper banner support 10A and lower banner support 10B); a plurality of pole connectors (proximal end of support arms are rigidly attached to pole, column 2, line 22-26); a sign board (banner or flag, not labeled, figures 3A-3D); a pole (not labeled, figures 3A-D); each of the plurality of signage holders (10A and 10B) comprising a pole arm (support arm 11), a swivel arm (slotted banner bracket 28), and a connecting member (assembly in figure 1B, 22-27, 31 and 32); the pole arm (11) comprising a first end (distal end) and a second end (proximal end), wherein the first end is positioned opposite to the second end, across a length of the pole arm; the sign board being mounted between the plurality of signage holders (10A and 10B); each of the plurality of signage holders (10A and 10B) being mounted to the pole through a corresponding pole connector, wherein the corresponding pole connector is from the plurality of pole connectors (upper and lower connector); the connecting member being mounted between the pole arm (11) and the swivel arm (28); the connecting member being mounted adjacent to the first end (distal end) of the pole arm (11); the swivel arm (28) being pivotably mounted along a center of the connecting member (column 2, line 55-59); the swivel arm (28) being mounted to the pole arm (11) along an off-center pivot point , wherein the off-center pivot point is laterally offset from the center of the swivel arm (figures 3A-3D); and the sign board (banner or flag) being operatively connected to the connecting member through the swivel arm (28), wherein the connecting member restores the sign board and the swivel arm to a resting position from a pivoted position (column 1,lines 41-45).
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Although Schwartz teaches the proximal end of support arm (11) is rigidly attachable to the pole on which the banner or flag is to be displayed, Schwartz does not teach a pole connectors. Beatty teaches a bracket (10) for mounting banners to a supporting structure.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to attach the banner support taught by Schwartz with bracket as taught by Beatty with a reasonable expectation of success to provide a means to removable attach the banner to a support pole..
Regarding claim 4, Beatty teaches each of the pole connectors comprising: a pole bracket (bracket 10 and 510); a plurality of pole fasteners (retaining member 20 may include stainless steel (or other metal types) banding); the pole bracket (10 and 510) being mounted onto the pole (post 101); and the plurality of pole fasteners (20) being integrated between the pole bracket (10 and 510) and the pole (101).
Regarding claim 5, Beatty teaches the plurality of pole fasteners (20) comprises at least one of a plurality of hose clamps (not shown) and a ratchet strap (metal band 21 having a plurality of threads or grooves 22 therein, column 3,lines 25-46).
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Regarding claim 6, Beatty teaches pole bracket comprising: a pole facing surface (magnetic surface portion 40, bracket rear surface 35, rear elevation, figure 4); a sign facing surface (front elevation, figure 3); a pole arm connector plug (central mounting arm holding bore 13); a plurality of grooves (upper mounting channel 14 and lower mounting channel 15); the pole facing surface being positioned opposite to the sign facing surface across the pole bracket; the pole arm connector plug (13) being mounted onto the sign facing surface (figure 3); the pole arm connector plug (13) extending away from the pole facing surface (figure 5); the pole arm connector traversing centrally into the pole arm (banner retention arm 11), through the second end of the pole arm; and the plurality of grooves (14 and 15) being distributed along the sign facing surface.
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Regarding 9, Beatty teaches an end cap (not labeled, figure 1); and the end cap being mounted onto the first end of the pole arm.
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Regarding claim 10, Schwartz teaches a plurality of sign board fasteners (clevis pin 34); and the plurality of sign board fasteners (34) being integrated between the sign board (banner or flag, not labeled) and the plurality of swivel arms (28).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over US 10297177 to Schwartz in view of US 7810265 to Beatty as applied to claim 1 above and in further view of US 2867918 to Miller.
Regarding claim 7, Schwarts does not teach the swivel arm comprising an angle sign connector; a flat sign connector; and a plurality of swivel arm fasteners.
Miller teaches a support comprising an angle sign connector (outer bar 19); a flat sign connector (inner bar 20); a plurality of swivel arm fasteners (bolt 21 and nuts 22); the plurality of swivel arm fasteners (bolts) being integrated between the angle sign connector (19) and the flat sign connector (20); and a terminal edge of the sign board (18) being positioned between the angle sign connector (19) and the flat sign connector (20).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct swivel arm taught by Schwarts with an angled arm, a flat arm and a plurality of fastener as taught by Miller with a reasonable expectation of success to provide a means to selectively interchange the sign board without disconnecting the sign holder form the support post/pole.
Regarding claim 8, Miller teaches the plurality of swivel arm fasteners are nuts (22) and bolts (21).
Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 10297177 to Schwartz in view of US 4880195 to Lepley.
Regarding claim 1, Schwartz teaches a wind load limited banner support comprising: a plurality of signage holders (upper banner support 10A and lower banner support 10B); a plurality of pole connectors (proximal end of support arms are rigidly attached to pole, column 2, line 22-26); a sign board (banner or flag, not labeled, figures 3A-3D); a pole (not labeled, figures 3A-D); each of the plurality of signage holders (10A and 10B) comprising a pole arm (support arm 11), a swivel arm (slotted banner bracket 28), and a connecting member (assembly in figure 1B, 22-27, 31 and 32); the pole arm (11) comprising a first end (distal end) and a second end (proximal end), wherein the first end is positioned opposite to the second end, across a length of the pole arm; the sign board being mounted between the plurality of signage holders (10A and 10B); each of the plurality of signage holders (10A and 10B) being mounted to the pole through a corresponding pole connector, wherein the corresponding pole connector is from the plurality of pole connectors (upper and lower connector); the connecting member being mounted between the pole arm (11) and the swivel arm (28); the connecting member being mounted adjacent to the first end (distal end) of the pole arm (11); the swivel arm (28) being pivotably mounted along a center of the connecting member (column 2, line 55-59); the swivel arm (28) being mounted to the pole arm (11) along an off-center pivot point , wherein the off-center pivot point is laterally offset from the center of the swivel arm (figures 3A-3D); and the sign board (banner or flag) being operatively connected to the connecting member through the swivel arm (28), wherein the connecting member restores the sign board and the swivel arm to a resting position from a pivoted position (column 1,lines 41-45).
Although Schwartz teaches the proximal end of support arm (11) is rigidly attachable to the pole on which the banner or flag is to be displayed, Schwartz does not teach a pole connectors. Lepley teaches a pair of bracket assemblies (12) for mounting banners to a supporting members (11), such as a municipal light pole, a telephone pole or other vertically upright standing members (column 2, line 64-68).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to attach the banner support taught by Schwartz with bracket as taught by Lepley with a reasonable expectation of success to provide a means to removable attach the banner to a support pole..
Regarding claim 12, Lepley teaches a plurality of wall mounting plates (pair of spaced housing members 12) can be mounted to a flat planar wall surface (column 2, line 64-68); the plurality of wall mounting plates (12) being terminally connected to the plurality of signage holders (51); and the plurality of wall mounting plates (12) being integrated between a wall and the plurality of signage holders.
Allowable Subject Matter
Claims 2, 3, and 11 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.
Claims 13-20 are allowed.
Claim 17 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631