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 .
Response to Amendment
Applicant’s amendment to Claim 22 is supported at least by Figures 3A and 4A.
New claims 33-38 depend from withdrawn Claim 32 and are also considered withdrawn.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 22, 25 and 27-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyajima (US20060001261A1).
Claim 22
Miyajima teaches an element (10B/12B/14B) defining at least one recess (between 74, between 76 or between 78 respectively.)and a bracket (24) for mounting the element to a structure (18) , the bracket comprising: a base (24-2) attachable to the structure (Figure 1) and defining an aperture (100, 102, 104) for receiving the element (Figure 13); and a locking body (24-1) defining an opening (62, 64, 66) adapted to receive the element, the locking body defining an engagement surface comprising at least a portion of a perimeter defining the opening (Figure 13 shows a cross sectional view where the inner surface of the openings contacts/engages with the elements.), said portion of the perimeter being receivable into a recess of the at least one recess (Figures 14 shows the perimeter of the openings fir into the recess between the flanges (74, 76, 78) of the elements.), the engagement surface adapted to secure the element to the base (Figure 13), the locking body being movable between a first position wherein the opening is not aligned with the aperture (Figure 12), and a second position wherein the opening aligns with the aperture such that the aperture and the engagement surface surround a first axis (Figure 13) and the portion of the perimeter of the engagement surface is offset from at least a portion of the aperture in a direction parallel to the first axis (Figure 11 shows the locking body (24-1) fits onto the base (24-2) such that the aperture and opening are offset along the axis of the elements.), the engagement surface being engageable with the element when the locking body is in the second position. (Figure 13)
Claim 25
Miyajima teaches the combination according to claim 22, wherein a radius of a portion of the opening is larger than a radius at the recess (The radius of the openings (62, 64, 66) is larger than the radius of the elements (10B, 12B, 14B) so that the elements fit into the openings when assembled. See Figure 14.) and smaller than an outer radius of the element. (The radius of the openings (62, 64, 66) is smaller than the radius of the flanges (74, 76, 78) as shown in Figure 14)
Claim 27
Miyajima teaches the combination according to claim 22, wherein the element is a tube. (Figure 14 shows the elements (10B, 12B, 14B) are tube shaped. See also ¶0131 “joint tubes”.)
Claim 28
Miyajima teaches the combination according to claim 27, wherein the aperture comprises a radius larger than an outer radius of the tube. (Figure 12 shows the apertures (100, 102, 104) in relation to the elements (10B, 12B, 14B). The radius of the apertures is larger than the outer radius of the tubes.)
Claim 29
Miyajima teaches the combination according to claim 28, wherein at least a portion of the opening has a radius smaller than the radius of the aperture. (There are at least two interpretations of Miyajima that are relevant to this claim language. First, the radii of the apertures in the base (100, 102, 104) are large in that the slots formed in the base are elongated forming elongated radii. These radii are clearly larger than the radii of the openings (62, 64, 66). Second, the openings (62, 64, and 66) are shown in Figure 12 as having portions that protrude inward forming a smaller radius portion. The apertures (100, 102, 104) do not have similar narrow portions.)
Claim 30
Miyajima teaches the combination according to claim 27, wherein the aperture (100, 102, 104) comprises a radius larger than a radius of at least one recess (Figure 15A shows the apertures fit around the recess area (between 74, between 76 or between 78 respectively) and are therefore larger.) of the at least one recess and smaller than an outer radius of the tube. (for Claim 30, the outer radius of the tube is considered the outer radius of the flanges (74, 76, 78). Figure 15A shows the apertures are smaller than the outer radius of the flanges.)
Claim 31
Miyajima teaches the combination according to claim 22, wherein the opening is U-shaped. (Figure 12)
Response to Arguments
Applicant’s arguments, see remarks filed 06/12/2026, with respect to the rejection(s) of claim(s) 22 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Miyajima.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found on the PTO-892 Form.
US8430365B2: Figure 2 shows a locking body (18) and a base (20) that fit together such that their apertures/openings are offset along the axis of tubes (12, 14) that have recesses (38, 44).
Applicant's amendment necessitated the new ground(s) 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 Michael W Hotchkiss whose telephone number is (571)272-3854. The examiner can normally be reached Monday-Friday from 0800-1600.
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/MICHAEL W HOTCHKISS/Primary Examiner, Art Unit 3726
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