DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on May 29, 2024. Claims 1 – 20 are pending and currently being examined.
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 § 102
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 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 – 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Publication Number 2023 / 0116745 A1) to Salter et al.
Regarding claim 1, Salter et al., discloses an assembly (See Figure 1), comprising:
a base plate (20) including a plurality of apertures (i.e. Multiple (24) in Figure 1); and
an attachment structure (26) comprising a base body (58) with a plurality of resilient arms (64, 66 & 68) coupled to the base body (58), wherein the base body (58) is associated with an accessory (22) that is attachable to the base plate (20) (See Figures 2, 9 & 10), and wherein each resilient arm (64, 66 & 68) includes at least one snap tab (i.e. Resilient Members Portion of (64) in Paragraph 0055) that is selectively moveable between a locked position where the base body (58) is locked to the base plate (20) within a single aperture (24) of the plurality of apertures (i.e. Multiple (24) in Figure 1) and an unlocked position wherein the base body (58) is removeable from the base plate (20) (See Figures 1, 3, 4, 10 & 11).
Regarding claim 2, Salter et al., discloses wherein the plurality of resilient arms (64, 66 & 68) comprises a pair of resilient arms (i.e. via 2 Pairs of (64, 66 & 68) in Figure 3) that are selectively compressible in a direction towards the base body (58) to move from the locked position to the unlocked position (See Paragraph 0058) (See Figure 3).
Regarding claim 3, Salter et al., discloses wherein the pair of resilient arms (64, 66 & 68) are immediately adjacent to each other relative to the base body (58) (See Figure 3).
Regarding claim 4, Salter et al., discloses wherein the pair of resilient arms (64, 66 & 68) are on opposite sides of the base body (58) from each other (See Figure 2).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5, 6, 9, 10, 11, 12, 17, 18, 19 & 20 are rejected under 35 U.S.C. 103 as being obvious over (U.S. Patent Publication Number 2023 / 0116745 A1) to Salter et al., in view of (U.S. Patent Number 12,637,014 B2) to Rutman et al.
The applied reference has a common (Assignee and /or Joint Inventor) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively to make the locking apertures as taught by Rutman et al., in order to prevent the accessory container from excess movement and accidently dis-attachment.
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claim 5, Salter et al., discloses wherein the plurality of apertures (i.e. Multiple (24) in Figure 1) comprises the plurality of mounting apertures (See Figures 2, 10 & 11).
However, Salter et al., lacks and does not explicitly disclose comprising a plurality of locking apertures, and a plurality of power interface apertures, and wherein the plurality of apertures are arranged in sub-groups comprised of repeating patterns, and wherein each sub-group includes a plurality of mounting apertures, a plurality of locking apertures, and at least one power interface aperture.
Rutman et al., teaches the plurality of apertures comprise a plurality of mounting apertures (30), a plurality of locking apertures (38), and a plurality of power interface apertures (36), and wherein the plurality of apertures (30) are arranged in sub-groups comprised of repeating patterns, and wherein each sub-group includes a plurality of mounting apertures (30), a plurality of locking apertures (38), and at least one power interface aperture (36) (See Figures 1B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a plurality of locking apertures, and a plurality of power interface apertures, and wherein the plurality of apertures are arranged in sub-groups comprised of repeating patterns, and wherein each sub-group includes a plurality of mounting apertures, a plurality of locking apertures, and at least one power interface aperture as taught by Rutman et al., with the assembly of Salter et al., because the motivation only requires a simple substitution of one known equivalent plurality of aperture configuration for another to obtain predictable results.
Regarding claim 6, Salter et al., discloses wherein the base body (58) locks the accessory (22) to the base plate (20) (See Figures 2 & 10).
Furthermore, Salter et al., as modified by Rutman et al., discloses wherein the single aperture comprises one of the plurality of locking apertures (38), and wherein the base body (32) locks the accessory (22) to the base plate (20) (See Figures 1A, 1B & 1C).
Regarding claim 9, Salter et al., discloses wherein the single aperture (24) comprises one of the plurality of mounting apertures (i.e. Multiple (24) in Figure 1), and wherein the base body (58) includes an accessory mount interface (56) to which the accessory (22) is selectively attachable (See Paragraph 0053).
Regarding claim 10, Salter et al., discloses wherein the base body (58) comprises a polygonal shape (See Figures 2 & 11) having at least a first side (i.e. Front Side of (58) in Figures 2 & 11), a second side (i.e. Rear Side of (58) in Figures 2 & 11) opposite of the first side (i.e. Front Side of (58) in Figures 2 & 11), a third side (i.e. Left Side of (58) in Figures 2 & 11) connecting the first side (i.e. Front Side of (58) in Figures 2 & 11) and second side (i.e. Rear Side of (58) in Figures 2 & 11) together, and a fourth side (i.e. Right Side of (58) in Figures 2 & 11) connecting the first side (i.e. Front Side of (58) in Figures 2 & 11) and second side (i.e. Rear Side of (58) in Figures 2 & 11) together and which is opposite the third side (i.e. Left Side of (58) in Figures 2 & 11) (See Figures 2 & 11).
Regarding claim 11, Salter et al., discloses wherein the plurality of resilient arms (64, 66 & 68) comprises at least a first arm (See Figure 3) and a second arm (See Figure 3) that each comprise a first portion extending away from the base body (58) in a first direction (i.e. De-compressed Outward Direction) and a connecting portion that transitions from the first portion into a second portion that extends in a second direction (i.e. Compressed Inward Direction) opposite from the first direction (i.e. Outward Direction in Figure 3), and wherein the second portion is compressible toward the first portion to move from the locked position to the unlocked position (See Paragraph 0055).
Regarding claim 12, Salter et al., discloses wherein the at least one snap tab (i.e. Resilient Members Portion of (64) in Paragraph 0055) extends outwardly of the second portion in a direction towards an edge of the single aperture (24) (See Figures 3, 4 & 11).
Regarding claim 16, Salter et al., discloses including a first wall and a second wall that extend away from the base body (58) in the first direction, and wherein the first arm, the second arm, the first wall, and the second wall are circumferentially separated from each other by open gaps (See Figure 3).
Regarding claim 17, Salter et al., discloses a method comprising: providing a base plate (20) with a plurality of mounting apertures (i.e. Multiple (24) in Figure 1); forming an attachment structure to comprise a base body (58) with a plurality of resilient arms (64, 66 & 68) coupled to the base body (58), wherein the base body (58) is associated with an accessory (22) that is attachable to the base plate (20), and wherein each resilient arm (64, 66 & 68) includes at least one snap tab; and selectively moving the at least one snap tab (i.e. Resilient Members Portion of (64) in Paragraph 0055) between a locked position where the base body (58) is locked within a single aperture of the plurality of mounting apertures (i.e. Multiple (24) in Figure 1) and an unlocked position wherein the base body (58) is removeable from the base plate (20) (See Paragraph 0055).
However, Salter et al., lacks and does not explicitly disclose the method steps of a plurality of lock apertures that are separate from the plurality of mounting apertures, and a plurality of power interface apertures that are separate from the plurality of lock apertures and the plurality of mounting apertures.
Rutman et al., teaches the method steps of the plurality of apertures comprise a plurality of mounting apertures (30), a plurality of locking apertures (38) that are separate from the plurality of mounting apertures, and a plurality of power interface apertures (36) that are separate from the plurality of lock apertures (38) and the plurality of mounting apertures (30) (See Figures 1B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a plurality of lock apertures that are separate from the plurality of mounting apertures, and a plurality of power interface apertures that are separate from the plurality of lock apertures and the plurality of mounting apertures as taught by Rutman et al., with the assembly of Salter et al., because the motivation only requires a simple substitution of one known equivalent plurality of aperture configuration for another to obtain predictable results.
Regarding claim 18, Salter et al., disclose the method steps of wherein the plurality of resilient arms (64, 66 & 68) comprises a pair of resilient arms (i.e. via 2 Pairs of (64, 66 & 68) in Figure 3), and including selectively compressing the pair of resilient arms (i.e. via 2 Pairs of (64) in Figure 3) in a direction towards the base body (58) to move from the locked position to the unlocked position (See Paragraph 0055).
Regarding claim 19, Salter et al., discloses the method steps of including locating the pair of resilient arms (i.e. via 2 Pairs of (64, 66 & 68) in Figure 3) immediately adjacent to each other relative to the base body (58), or locating the pair of resilient arms (i.e. via 2 Pairs of (64, 66 & 68) in Figure 3) on opposite sides of the base body (58) from each other (See Figure 3).
Regarding claim 20, Salter et al., discloses the method steps of wherein the base body (58) includes an accessory mount interface (56) to which the accessory (22) is selectively attachable (See Paragraph 0053).
Furthermore, Salter et al., as modified by Rutman et al., discloses the method steps of wherein: the single aperture (30) comprises one of the plurality of lock apertures (38), and wherein the base body (32) locks the accessory (22) to the base plate (20); or wherein the single aperture (30) comprises one of the plurality of mounting apertures (30) (See Figure 1), and wherein the base body (32) includes the accessory (22) is selectively attachable.
Allowable Subject Matter
Claims 7, 8, 13, 14 & 15 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan J. Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734