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 .
Status of the Application
Claims 1-20 are pending and Claims 1-5, 7, 9-15, and 17-20 have been examined in this application. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 07/24/2024 has/have been taken into account.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/12/2025 has been entered.
Response to Amendment
In the amendment dated 12/12/2025, the following has occurred: Claims 1-3, 12, and 17-19 have been amended; No claims have been canceled; No claims have been added. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 14-15, 17, and 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 12/12/2025 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). More specifically, the arguments regarding the straight tine of Long do not apply to the rejection as Long has been modified by Hoffman to teach the recited curved prongs. Furthermore, Applicant has referenced an embodiment of Hoffman that was not used in the rejection and as such arguments directed towards this embodiment do not apply as it was neither used as a single reference to reject the claims, nor was it used to modify Long. The embodiment of Hoffman shown in Fig. 20-23 discloses downwardly curved prongs that read on the recited prongs and as detailed in the previous and current rejection, modifying Long with these prongs would be obvious to one having ordinary skill in the art. As such the rejection stands.
Claim Objections
Claims 9, 12, 15, and 18 are objected to because of the following informalities:
Claim 9 recites “the front surface of the base plate”. This should read “a front surface of the base plate” (emphasis added).
Claim 12 recites “the front surface”. This should read “a front surface” (emphasis added).
Claim 15 recites “the front surface of the base plate”. This should read “a front surface of the base plate” (emphasis added).
Claim 18 recites “the front surface of the base plate”. This should read “a front surface of the base plate” (emphasis added).
Appropriate correction is required.
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.
Claims 1-4 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Long (US 2014/0231604) in view of Hoffman (WO 2019/226809).
In regards to Claim 1, Long discloses a wall hanger assembly comprising: a base plate (Long: Fig. 2A-2B; 14) including one or more prongs (Long: Fig. 2A-2B; 18); and a first insert plate (Long: Fig. 2A-2B; 10) pivotally coupled to the base plate and including a proximal edge, a distal edge, and opposing side edges, the insert plate further including a first downwardly curved prong (Long: Fig. 2A-2B; 22a) having a base, wherein the prong extends outwardly along an arc to a wall-penetrating outer end.
Long fails to disclose a base plate including one or more downwardly curved prongs each having a base, wherein each prong of the one or more prongs extends outwardly along an arc to a wall-penetrating outer end and wherein the base of the prong is coincident with one of first and second opposing side edges of the base plate; wherein the downwardly curved prongs of the base plate and the first downwardly curved prong of the first insert plate curve in the same direction. However, Hoffman teaches a base plate (Hoffman: Fig. 20-23; 1000/2000; Fig. 20-22 are misnumbered) including one or more downwardly curved prongs (Hoffman: Fig. 20-23; 1050/2050) each having a base, wherein each prong of the one or more prongs extends outwardly along an arc to a wall-penetrating outer end and wherein the base of the prong is coincident with one of first and second opposing side edges (Hoffman: Fig. 20-23; 1015/2015, 1016/2016) of the base plate. [Note: When modified by the prongs of Hoffman, the prongs in Long all curve in the same direction.]
Long and Hoffman are analogous because they are from the same field of endeavor or a similar problem solving area e.g. mounting brackets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base plate in Long with the prongs and alignment notch taught by Hoffman, with a reasonable expectation of success, in order to provide a prong arrangement that improves the weight holding capacity of the overall assembly especially when used with relatively weak surfaces, lowers the potential for damage caused by penetrating the wall, and also avoids negatively affecting the ability of the base plate to be aligned to a desired position (Hoffman: Pg. 1, Ln. 11-16, 19-24; Pg. 5, Ln. 8-9; Pg. 15, Ln. 5-6).
In regards to Claim 2, Long, as modified, teaches the wall hanger assembly of claim 1, wherein the one or more downwardly curved prongs (Hoffman: Fig. 20-23; 1050/2050) includes a pair of curve prongs.
In regards to Claim 3, Long, as modified, teaches the wall hanger assembly of claim 2, wherein the pair of curved prongs (Hoffman: Fig. 20-23; 1050/2050) each extend to an outer end, the outer ends are coplanar (Hoffman: Fig. 21).
In regards to Claim 4, Long, as modified, teaches the wall hanger assembly of claim 1, wherein the base plate (Long: Fig. 2A-2B; 14) is pivotally coupled to the first insert plate (Long: Fig. 2A-2B; 10) at a first hinge segment (Long: Fig. 2A-2B; 12).
In regards to Claim 17, Long, as modified, teaches the wall hanger assembly of claim 1, wherein the base of the downwardly curved prong (Hoffman: Fig. 20-23; 1050/2050) of the base plate has a height measured along the side edge and a thickness measured along a top edge, and wherein the height is a least three times the thickness (Hoffman: Pg. 6, Ln. 13).
In regards to Claim 18, Long, as modified, teaches the wall hanger assembly of claim 1, wherein the first insert plate (Long: Fig. 2A-2B; 10) is rotatable in the direction away from the front surface of the base plate (Long: Fig. 2A-2B; 14) to insert the first downwardly curved prong into a surface.
In regards to Claim 19, Long, as modified, teaches the wall hanger assembly of claim 1 wherein the first insert plate (Long: Fig. 2A-2B; 10) further includes a second downwardly curved prong (Long: Fig. 2A-2B; 22b) extending outwardly along an arc to an outer end,
Long fails to explicitly disclose wherein the outer end of the first prong and the outer end of the second prong are coplanar. However, Hoffman teaches an insert plate (Hoffman: Fig. 14-17; 440) having first and second downwardly curved prongs (Hoffman: Fig. 14-17; 460); and wherein an outer end of a first downwardly curved prong and an outer end of a second downwardly curved prong that are coplanar (Hoffman: Fig. 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the insert plate prongs in Long with the prongs taught by Hoffman, with a reasonable expectation of success, in order to provide a prong arrangement that improves the weight holding capacity of the overall assembly especially when used with relatively weak surfaces, and lowers the potential for damage caused by penetrating the wall, (Hoffman: Pg. 1, Ln. 11-16, 19-24).
In regards to Claim 20, Long, as modified, teaches the wall hanger assembly of claim 1, wherein the assembly is adjustable between an open state and a closed state, and wherein the first insert plate (Long: Fig. 2A-2B; 10) includes a rear surface residing in a plane substantially parallel to a front surface of the base plate (Long: Fig. 2A-2B; 14) in the closed state (Long: Fig. 8).
Claims 1-4, 14-15, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Will et al. (US 2017/0002974) in view of Hoffman (WO 2019/226809).
Regarding Claim 1, Will discloses a wall hanger assembly comprising: a base plate (Will: Fig. 1-2; 11) including one or more downwardly curved prongs (Will: Fig. 1-2; 28) each having a base, wherein each prong of the one or more prongs extends outwardly along an arc to a wall-penetrating outer end; and a first insert plate (Will: Fig. 1-2; 13) pivotally coupled to the base plate and including a proximal edge, a distal edge, and opposing side edges, the insert plate further including a first downwardly curved prong (Will: Fig. 1-2; 128) having a base, wherein the prong extends outwardly along an arc to a wall-penetrating outer end, wherein the downwardly curved prongs of the base plate and the first downwardly curved prong of the first insert plate curve in the same direction (Will: Fig. 9).
Will fails to disclose wherein the base of the prong is coincident with one of first and second opposing side edges of the base plate. However, Hoffman teaches a base of a prong (Hoffman: Fig. 20-23; 1050/2050; Fig. 20-22 are misnumbered) that is coincident with one of first and second opposing side edges of a base plate (Hoffman: Fig. 20-23; 1000/2000).
Will and Hoffman are analogous because they are from the same field of endeavor or a similar problem solving area e.g. mounting brackets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base plate prongs in Will with the prongs of Hoffman, with a reasonable expectation of success, in order to provide prongs with a relatively high ratio of height to thickness, which can provide both an improved installation experience and more routinely successful mounting (Hoffman: Pg. 1, Ln. 19-27), as well as a configuration in which the retainers of the base plate are located lower than those of the insert plate (Will: [0039]).
Regarding Claim 2, Will, as modified, teaches the wall hanger assembly of claim 1, wherein the one or more prongs (Hoffman: Fig. 20-23; 1050/2050) includes a pair of downwardly curved prongs.
Regarding Claim 3, Will, as modified, teaches the wall hanger assembly of claim 2, wherein the pair of downwardly curved prongs (Hoffman: Fig. 20-23; 1050/2050) each extend to an outer end, the outer ends are coplanar (Hoffman: Fig. 21).
Regarding Claim 4, Will, as modified, teaches the wall hanger assembly of claim 1, wherein the base plate (Will: Fig. 1-2; 11) is pivotally coupled to the first insert plate at a first hinge segment (Will: Fig. 1-2; 70).
Regarding Claim 14, Will, as modified, teaches the wall hanger assembly of claim 1, wherein the first insert plate (Will: Fig. 1-2; 13) is pivotable about a hinge axis.
Regarding Claim 15, Will, as modified, teaches the wall hanger assembly of claim 14, wherein the hinge axis is offset from the front surface of the base plate (Will: Fig. 8-9).
In regards to Claim 17, Will, as modified, teaches the wall hanger assembly of claim 1, wherein the base of the downwardly curved prong (Hoffman: Fig. 20-23; 1050/2050) of the base plate has a height measured along the side edge and a thickness measured along a top edge, and wherein the height is a least three times the thickness (Hoffman: Pg. 6, Ln. 13).
Regarding Claim 19, Will, as modified, teaches the wall hanger assembly of claim 1 wherein the first insert plate (Will: Fig. 1-2; 13) further includes a second curved prong (Will: Fig. 1-2; 128) extending outwardly along an arc to an outer end, and wherein the outer end of the first prong and the outer end of the second prong are coplanar.
Regarding Claim 20, Will, as modified, teaches the wall hanger assembly of claim 1, wherein the assembly is adjustable between an open state (Will: Fig. 8) and a closed state (Will: Fig. 9), and wherein the first insert plate (Will: Fig. 1-2; 13) includes a rear surface residing in a plane substantially parallel to a front surface of the base plate (Will: Fig. 1-2; 11) in the closed state.
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Will et al. (US 2017/0002974) in view of Hoffman (WO 2019/226809) as applied to claim 7 above, and further in view of Will et al. (US 2017/00270), hereafter referred to as Will ‘974 and Will ‘270, respectively.
Regarding Claim 5, Will ‘974, as modified, teaches the wall hanger assembly of claim 4, but fails to disclose a hinge segment that includes a pair of hinge guides having apertures for receiving hinge axles.
However, Will ‘270 teaches a hinge segment (Will ‘270; 70B) that includes a pair of hinge guides (Will ‘270; 74B) having apertures for receiving hinge axles.
Will and are analogous because they are from the same field of endeavor or a similar problem solving area e.g. mounting brackets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hinge, with a reasonable expectation of success, in order to provide a hinge formed of spaced apart rings and pins (Will ’70; [0063]), thereby providing a more constrained pivoting axis to ensure accurate rotation of the plate.
Regarding Claim 11, Will, as modified, teaches the wall hanger assembly of claim 5, wherein the hinge guides (Will ‘270; 74B) are disposed on the first insert plate (Will: Fig. 1-2; 13).
Allowable Subject Matter
Claims 7, 9-10, and 12-13 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. See PTO-892 for cited references.
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/Taylor Morris/Primary Examiner, Art Unit 3631