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 .
Allowable Subject Matter
Claims 5-6 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.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims are objected to for the reasons set forth within the previously issued Office Action. Additionally, the newly applied Henke and Grewe references do not contain sufficient disclosure to render the content of claims 5-6 anticipated or obvious.
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.
Claims 12-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,924,367 to Henke et al. (“Henke”).
Regarding claim 12, Henke anticipates an informational plaque mounting system (e.g. assembly shown in fig. 1), comprising: i) a first support bracket (e.g. initial instance of mounting brackets 38 and 40, together, as shown in figs. 1-3) including a first base (e.g. edge face 56 and shelf portion 58, together, as shown in figs. 2-3) having a rear side (e.g. shelf portion 58, alone, as shown in figs. 2-3) and a front side (e.g. edge face 56, alone, as shown in figs. 2-3), and at least one first pivot component (e.g. flanges 52 and 54, and pin 60, together as shown in fig. 3) at (figs. 2-3) the front side (56, alone); ii) a second support bracket (e.g. secondary instance of mounting brackets 38 and 40, together, to be attached to a secondary sign unit as shown in fig. 4) including a second base (e.g. edge face 56 and shelf portion 58, together, as shown in figs. 2-3) having a rear side (e.g. shelf portion 58, alone, as shown in figs. 2-3) and a front side (e.g. edge face 56, alone, as shown in figs. 2-3), and at least one first pivot component (e.g. flanges 52 and 54, and pin 60, together as shown in fig. 3) at (figs. 2-3) the front side (56, alone) of the second base (56 and 58, together); iii) wherein the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) and the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together) are mounted side-by-side (compare figs. 1 and 4) to (fig. 1) a base structure (e.g. shelves 20, 30 and 32, as shown in fig. 1); iv) a first informational plaque (e.g. initial instance of sign unit 36, as shown in figs. 1-3) including a plaque front side (e.g. sign surface 37, as shown in fig. 1) and a plaque rear side (e.g. side opposite sign surface 37, as shown in fig. 1), and at least one second pivot component (e.g. pivot bracket 62, as shown in figs. 2-3) at (compare figs. 1 and 3) the plaque rear side (aforementioned side opposite sign surface 37); v) a second informational plaque (e.g. secondary instance of sign unit 36; compare figs. 1 and 4) including a plaque front side (e.g. sign surface 37, as shown in fig. 1) and a plaque rear side (e.g. side opposite sign surface 37, as shown in fig. 1), and at least one second pivot component (e.g. pivot bracket 62, as shown in figs. 2-3) at (compare figs. 1 and 3) the plaque rear side (aforementioned side opposite sign surface 37) of the second informational plaque (aforementioned secondary instance of sign unit 36); vi) wherein the at least one second pivot component (62) of the first informational plaque (aforementioned initial instance of sign unit 36) is matingly and releasably engaged with (fig. 3) the at least one first pivot component (52, 54 and 60, together) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together); vii) wherein the at least one second pivot component (62) of the second informational plaque (aforementioned secondary instance of sign unit 36) is matingly and releasably engaged with (fig. 3) the at least one first pivot component (52, 54 and 60, together) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together); viii) wherein a lateral portion (e.g. side edges, as shown in fig. 1) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) abuts (compare figs. 1 and 4) a lateral portion (e.g. side edges) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together).
Regarding claim 13, Henke anticipates the informational plaque mounting system of claim 12, wherein the lateral portion (aforementioned side edges) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) is a lateral side (fig. 1) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) and the lateral portion (aforementioned side edges) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together) is a lateral side (compare figs. 1 and 4) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together).
Regarding claim 14, Henke anticipates the informational plaque mounting system of claim 12, wherein an attachment of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) to the base structure (e.g. shelves 20, 30 and 32, as shown in fig. 1) is independent of (note the presence of two discrete instances of mounting brackets 38 and 40, together) an attachment of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together) to the base structure (e.g. shelves 20, 30 and 32, as shown in fig. 1).
Regarding claim 15, Henke anticipates the informational plaque mounting system of claim 12, wherein the first informational plaque (aforementioned initial instance of sign unit 36) is pivotably movable relative to (compare figs. 5-7) the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together), wherein the second informational plaque (aforementioned secondary instance of sign unit 36) is pivotably movable relative to (compare figs. 5-7) the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together), wherein the second informational plaque (aforementioned secondary instance of sign unit 36) is pivotable independently of (fig. 4) the first informational plaque (aforementioned initial instance of sign unit 36).
Regarding claim 16, Henke anticipates an informational plaque mounting system (e.g. assembly shown in fig. 1), comprising: i) a first support bracket (e.g. initial instance of mounting brackets 38 and 40, together, as shown in figs. 1-3) including a mount structure (e.g. flanges 52 and 54, and pin 60, together as shown in fig. 3) for mating with (figs. 1-3) an informational plaque (e.g. initial instance of sign unit 36, as shown in figs. 1-3); ii) a second support bracket (e.g. secondary instance of mounting brackets 38 and 40, together, to be attached to a secondary sign unit as shown in fig. 4) including a mount structure (e.g. flanges 52 and 54, and pin 60, together as shown in fig. 3) for mating with (figs. 1-3) an informational plaque (e.g. secondary instance of sign unit 36; compare figs. 1 and 4); iii) an installation tool (e.g. screws or bolts discussed at col. 3, lines 39-41) adapted for temporarily holding (col. 3, lines 41-47) the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) adjacent to (fig. 4) and in alignment with (col. 3, lines 47-52) the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together) by engaging with both a first forwardly projecting feature (e.g. apertures 42, 44, 46 and 48, as shown in fig. 2) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) and a first forwardly projecting feature (e.g. apertures 42, 44, 46 and 48, as shown in fig. 2) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together).
Regarding claim 17, Henke anticipates the informational plaque mounting system of claim 16, wherein: i) the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) includes a female pivot component (e.g. body structure of mounting brackets 38 and 40, as shown in fig. 3; note the manner in which mounting brackets 38 and 40 receive a portion of pivot bracket 62 therein) defining (compare figs. 2-3) the first forwardly projecting feature (42, 44, 46 and 48) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together); ii) the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together) includes a female pivot component (e.g. body structure of mounting brackets 38 and 40, as shown in fig. 3; note the manner in which mounting brackets 38 and 40 receive a portion of pivot bracket 62 therein) defining (compare figs. 2-3) the first forwardly projecting feature (42, 44, 46 and 48) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together); iii) the installation tool (aforementioned screws or bolts) engages with (col. 3, lines 41-47) both the female pivot component (aforementioned body structure of mounting brackets 38 and 40) of the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) and the female pivot component (aforementioned body structure of mounting brackets 38 and 40) of the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together) for temporarily holding (col. 3, lines 41-47) the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) adjacent to (fig. 4) and in alignment with (col. 3, lines 47-52) the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together).
Regarding claim 18, Henke anticipates the informational plaque mounting system of claim 17, wherein the installation tool (aforementioned screws or bolts) includes projections (e.g. aforementioned screws) that engage with (col. 3, lines 41-47) slots (figs. 2-3; note that openings 42, 44, 46 and 48 are in the form of slots) on the female pivot components (aforementioned body structure of mounting brackets 38 and 40) of the first and second support brackets (aforementioned initial and secondary instances of mounting brackets 38 and 40, together, respectively) for temporarily holding (col. 3, lines 41-47) the first support bracket (aforementioned initial instance of mounting brackets 38 and 40, together) adjacent to (fig. 4) and in alignment with (col. 3, lines 47-52) the second support bracket (aforementioned secondary instance of mounting brackets 38 and 40, together).
Regarding claim 19, Henke anticipates an informational plaque mounting system (e.g. assembly shown in fig. 1), comprising: i) a support bracket (e.g. mounting brackets 38 and 40, together, as shown in figs. 1-3) including a base (e.g. edge face 56 and shelf portion 58, together, as shown in figs. 2-3) having a rear side (e.g. shelf portion 58, alone, as shown in figs. 2-3) and a front side (e.g. edge face 56, alone, as shown in figs. 2-3), and at least one first pivot component (e.g. flanges 52 and 54, and pin 60, together as shown in fig. 3) at (figs. 2-3) the front side (56, alone); ii) an informational plaque (e.g. sign unit 36, as shown in figs. 1-3) including a plaque front side (e.g. sign surface 37, as shown in fig. 1) and a plaque rear side (e.g. side opposite sign surface 37, as shown in fig. 1), and at least one second pivot component (e.g. pivot bracket 62, as shown in figs. 2-3) at (compare figs. 1 and 3) the plaque rear side (aforementioned side opposite sign surface 37); iii) wherein the at least one second pivot component (62) is matingly engageable with (fig. 3) the at least one first pivot component (52, 54 and 60, together) such that the informational plaque (36) is supported on (fig. 1) the support bracket (38 and 40, together) and pivotable relative to (compare figs. 5-7) the support bracket (38 and 40, together) for varying an angular orientation (compare figs. 5-7) of the informational plaque (36) relative to (compare figs. 5-7) the support bracket (38 and 40, together); iv) wherein the at least one first pivot component (52, 54 and 60, together) and the at least one second pivot component (62) are configured to engage with each other (fig. 3) so as to hold the angular orientation (fig. 3) of the informational plaque (36) relative to (compare figs. 5-7) the support bracket (38 and 40, together) by a friction fit between (fig. 3; note that at least minimal friction will exist between the respective components) the at least one first pivot component (52, 54 and 60, together) and the at least one second pivot component (62).
Regarding claim 20, Henke anticipates the informational plaque mounting system of claim 19, wherein the at least one first pivot component (52, 54 and 60, together) and the at least one second pivot component (62) are configured (figs. 2-3) such that the at least one second pivot component (62) engages with (fig. 2-3) the at least one first pivot component (52, 54 and 60, together) by a movement (compare figs. 2-3) of the at least one second pivot component (62) toward (compare figs. 2-3; note the shaping of opening/aperture 64) the front side (56, alone) of the support bracket (38 and 40, together).
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.
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 1, 3-4, 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Henke in view of U.S. Patent No. 5,408,774 to Grewe et al. (“Grewe”).
Regarding claim 1, Henke discloses an informational plaque mounting system (e.g. assembly shown in fig. 1), comprising: i) a support bracket (e.g. mounting brackets 38 and 40, together, as shown in figs. 1-3) including a base (e.g. edge face 56 and shelf portion 58, together, as shown in figs. 2-3) having a rear side (e.g. shelf portion 58, alone, as shown in figs. 2-3) and a front side (e.g. edge face 56, alone, as shown in figs. 2-3), and at least one first pivot component (e.g. flanges 52 and 54, and pin 60, together as shown in fig. 3) at (figs. 2-3) the front side (56, alone); ii) an informational plaque (e.g. sign unit 36, as shown in figs. 1-3) including a plaque front side (e.g. sign surface 37, as shown in fig. 1) and a plaque rear side (e.g. side opposite sign surface 37, as shown in fig. 1), and at least one second pivot component (e.g. pivot bracket 62, as shown in figs. 2-3) at (compare figs. 1 and 3) the plaque rear side (aforementioned side opposite sign surface 37); and iii) wherein the at least one second pivot component (62) is matingly engageable with (fig. 3) the at least one first pivot component (52, 54 and 60, together) such that the informational plaque (36) is supported on (fig. 1) the support bracket (38 and 40, together) and pivotable relative to (compare figs. 5-7) the support bracket (38 and 40, together) for varying an angular orientation (compare figs. 5-7) of the informational plaque (36) relative to (compare figs. 5-7) the support bracket (38 and 40, together).
Henke does not disclose: wherein one of the at least one first pivot component (52, 54 and 60, together) or the at least one second pivot component (62) comprises a barrel housing and the other of the at least one first pivot component (52, 54 and 60, together) or the at least one second pivot component (62) comprises a pin component engageable with the barrel housing.
Grewe teaches the concept of providing a first pivot component that comprises a barrel housing (e.g. base member 92, containing cavity 40 therein, as shown in fig. 7) and a second pivot component (e.g. holder 94, as shown in fig. 7) that comprises a pin component (see shaping of holder 94, as shown in fig. 7) engageable with (compare figs. 6-7) the barrel housing (92).
Given that Henke and Grewe both concern planar signage members designed to rotate in relation to stationary base members, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to apply the Grewe base member 92 shapings to the Henke flange 52/54 and pin 60 assembly, and apply the Grewe holder 94 shaping to the rearmost portion of the Henke pivot bracket 62, in order to provide the benefit of yielding a resultant construction that is simpler in nature, less costly, and less likely to break.
Regarding claim 3, Henke in view of Grewe discloses the informational plaque mounting system of claim 1, wherein the at least one first pivot component (Henke 52, 54 and 60, together) comprises (see the modification set forth in the rejection of claim 1, supra) the barrel housing (Grewe 92) projecting forwardly (Henke figs. 2-3) on the base (Henke 56 and 58, together), and the at least one second pivot component (Henke 62) comprises (see the modification set forth in the rejection of claim 1, supra) the pin component (shaping of Grewe holder 94) projecting rearwardly from (Henke figs. 2-3) the informational plaque (Henke 36).
Regarding claim 4, Henke in view of Grewe discloses the informational plaque mounting system of claim 3, wherein the at least one first pivot component (Henke 52, 54 and 60, together) includes a side stop (e.g. Henke flanges 52 and 54) at one lateral side (Henke figs. 2-3) of the barrel housing (Grewe 92).
Regarding claim 7, Henke in view of Grewe discloses the informational plaque mounting system of claim 1, wherein the base (Henke 56 and 58, together) carries a pin projection (e.g. Henke apertures 42, 44, 46 and 48, positioned on the rearward projecting shelf portion 58 component, as shown in fig. 2) with at least one hardened pin positioned therein (e.g. screws or bolts discussed at Henke col. 3, lines 39-41) for attaching (Henke fig. 1) the support bracket (Henke 38 and 40, together) to a base structure (e.g. Henke shelves 20, 30 and 32, as shown in fig. 1).
Regarding claim 8, Henke in view of Grewe discloses the information plaque mounting system of claim 1, wherein the at least one first pivot component (Henke 52, 54 and 60, together, as modified in the rejection of claim 1, supra) comprises laterally spaced apart (compare Henke figs. 1 and 4) first pivot components (Henke 52, 54 and 60, together, as modified in the rejection of claim 1, supra), and the at least one second pivot component (Henke 62, as modified in the rejection of claim 1, supra) comprises laterally spaced apart (compare Henke figs. 1 and 4) second pivot components (Henke 62, as modified in the rejection of claim 1, supra).
Regarding claim 9, Henke in view of Grewe discloses the informational plaque mounting system of claim 1, wherein the at least one second pivot component (Henke 62, as modified in the rejection of claim 1, supra) releasably snap-fits with (Grewe figs. 1-5) the at least one first pivot component (Henke 52, 54 and 60, together, as modified in the rejection of claim 1, supra).
Regarding claim 10, Henke in view of Grewe discloses a kit (Henke figs. 1 and 4), comprising the information plaque mounting system (assembly shown in Henke fig. 1) of claim 1.
Regarding claim 11, Henke in view of Grewe discloses the kit of claim 10, further comprising an installation tool component (e.g. screws or bolts discussed at Henke col. 3, lines 39-41) engageable with (Henke col. 3, lines 41-47) the support bracket (Henke 38 and 40, together).
Response to Arguments
In view of Applicants’ claim amendments and addition of new claims, a further search of the pertinent areas of prior art has been executed. The aforementioned Henke and Grewe references were identified within said search. Accordingly, Applicants’ arguments have been considered, but are moot because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Additionally, Applicants’ amendment has necessitated a reconsideration of the potentially allowable subject matter identified within the previously issued Office Action.
Conclusion
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN V LEWIS whose telephone number is (571)270-5052. The examiner can normally be reached M-F 7:30AM-5:00PM.
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637
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