This is a Final office action for serial number 18/776817
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the extension (claim 26, not recited in specification or shown in figure by reference number) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: extension (Claim 26).
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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “extension” in claim 26 is used by the claim to mean “portion,” while the accepted meaning is “portion.” The term is indefinite because the specification does not clearly redefine the term.
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.
Claim(s) 21- 25, 27-41, and 43-49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berman et al. (Berman) 20210219764 in view Hassett et al. (Hassett) 11,547,223.
21. A bracket comprising: a mounting bracket having a mount (20) and a support (18), the mount profiled to engage a structure, the support (18) having a central axis and extending from the structure at an angle along the central axis, the mount including at least one first mounting hole (16) disposed at an angle to the mount, the at least one first mounting hole sized to receive a fastener for attaching the mounting bracket to the structure; and a support arm (14) extending from the mounting bracket and away from the structure and in an overlying at least in part engagement with the support (18) to resist downward deflection of the support arm, wherein at least a portion of the at least one first mounting hole (16) is located above the support and the at least one first mounting hole having a center, the center being lateral of the central axis of the support (18) .
24. The bracket of claim 21 wherein the mount comprises two arms (left and right 20) extending from the support (18).
25. The bracket of claim 24 wherein the two arms (left and right 20) each define one of the at least one first mounting hole (16).
29. The bracket of claim 24 wherein the two arms (left and right 20) of the mount define a space (30) therebetween and the support arm (14) extends into the space to contact the structure.
30. The bracket of claim 21 wherein the mounting bracket defines a space (see figure below) and the support arm (14) includes an attachment portion (34,38, 40) extending through the space to extend along the structure.
31.The bracket of claim 30 wherein the at least one first mounting hole (16) is disposed laterally of the space (space between arms 20).
32. The bracket of claim 21 wherein the support arm (14) defines a first attachment hole (40) and the support (18) defines a corresponding second attachment hole (32) for attaching the support arm (14 via 40) to the support (18).
33. The bracket of claim 21 wherein the support (18) is spaced from the structure by the mount (20).
35. The bracket of claim 21 further comprising a base arm (38) connected to the support arm (14/40), the base arm (38) extending at an angle relative to the support arm (14/40) to engage the structure.
36. The bracket of claim 21 wherein the mount (24/22) of the mounting bracket includes a proximal segment (22) and a distal segment (24) at an angle relative to the proximal segment, the proximal segment spacing the support from the structure, the distal segment (24) profiled to engage the structure.
37. The bracket of claim 21 wherein the mount (24/22) extends upward from the support (18), wherein the support arm (14) includes a base (38) that extends downward from the support (18) along the structure.
38. A bracket comprising: a mounting bracket having a mount (24/22) and a support (18), the mount having a mounting surface (back surface of 24/22) profiled to engage a structure (wall), the support (18) having a central axis extending from the structure at an angle along the central axis; at least one fastener (received within mounting holes 16) for attaching the mounting bracket to the structure, the mount (24/22) supporting the at least one fastener such that the at least one fastener extends from the mount at an angle to the mounting surface; and a support arm (14) extending from the mounting bracket and away from the structure and in an overlying at least in part engagement with the support (18) to resist downward deflection of the support arm, wherein the at least one fastener extends from a portion of the mount located above the support (18), the at least one fastener (received in mounting holes 16) having a longitudinal axis that is lateral of the central axis of the support (18).
39. The bracket of claim 38 wherein the mount defines at least one first mounting hole (16) that supports the at least one fastener at the angle.
40. The bracket of claim 38 wherein the mount comprises two arms (left and right 20) extending from the support (18).
41. The bracket of claim 40 wherein the two arms (left and right 20 including 24/22) each support one of the at least one fastener (mounting holes area 16).
43. The bracket of claim 40 wherein the mounting bracket defines a space and the support arm (14) includes an attachment portion (34) extending through the space (see figure below) to extend along the structure.
44. The bracket of claim 43 wherein the at least one fastener (mounting hole 16 receives fastener) is disposed laterally of the space.
45. The bracket of claim 38 wherein the support arm (14) defines a first attachment hole (46) and the support (18) defines a corresponding second attachment hole (32) for attaching the support arm (14) to the support (18).
46.The bracket of claim 38 wherein the mount of the mounting bracket includes a proximal segment (22) and a distal segment (24) at an angle relative to the proximal segment (22), the proximal segment (22) spacing the support from the structure, the distal segment (24) profiled to engage the structure.
47. A method of mounting hardware to a surface, the method comprising: positioning a rear surface of a mounting portion (24, 22, 20) of a mounting bracket against the surface, the mounting bracket including a main body (18) having an angled support (18) having a central axis and extending from the surface at an angle along the central axis, and the mounting portion (22, 24, 20) extending from the angled support (18) of the main body and spacing at least a portion of the angled support (18) from the surface; attaching the mounting bracket to the surface by inserting a fastener through a mounting hole (16) of the mounting portion (22, 24, 20) of the mounting bracket and into the surface at an angle, and connecting hardware (14) to the mounting bracket including inserting an attachment portion (34) of the hardware (14) between the surface and the angled support (18) of the main body of the mounting bracket and between a first portion (left 20) and a second portion (right 20) of the mounting portion (24, 22, 20) until the attachment portion (34) rests on and extends along the angled support (18) of the main body from the surface, and the first portion (left 20) and second portion (right 20) of the mounting portion (24, 22, 20) are adjacent sides of the attachment portion (34), at least a portion of the mounting hole (16) being located above a top of the attachment portion (34) and the mounting hole (16) having a center, the center being lateral of the central axis of the angled support (18).
48. The method of claim 47 wherein connecting the hardware (14) to the mounting bracket comprises positioning the attachment portion (34) to contact the surface and fastening the attachment portion (34) of the hardware (14) to the main body (18) of the mounting bracket.
49. The method of claim 47 wherein the hardware (14) includes a receptacle (52) opposite the attachment portion (34) for receiving a rod.
[AltContent: arrow][AltContent: textbox (Space)]
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Support 32)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Support arm 14)]
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Mount 24)][AltContent: arrow][AltContent: arrow]
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Berman discloses all of the limitations except for :
the mount including at least one first mounting hole disposed at an oblique angle to the mount, at least one protrusion, at least one tab, at least one second mourning hole, mounting hole extending obliquely relative to the rear surface of the mounting bracket to guide the fastener into the surface at the oblique angle
Hassett teaches that it is known to have:
22. The bracket of claim 21, wherein the mount includes at least one protrusion (20a-20c), the at least one first mounting hole (80a-80c extending through the at least one protrusion (20a-20c).
23. The bracket of claim 21, wherein the mount includes at least one tab (20a-20c) extending at an oblique angle relative to the support, the at least one first mounting hole (80a-80c)extending through the at least one tab (20a-20c).
47. mounting hole (80a-80c) extending obliquely relative to the rear surface of the mounting bracket to guide the fastener into the surface at the oblique angle;
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified
Berman to have included at least one additional mourning hole at least one protrusion, at least one tab as taught by Hassett for the purpose of providing a means to through which an attachment mechanism, such as a pin, nail, or screw, may traverse to attach the device to the vertical surface wherein guided by the angle of the outer surfaces of the wall protrusions/tabs allowing the attachment mechanism to attach to the vertical surface at the angle, allowing the hanger to support a greater weight than if the attachment mechanism attaches to the vertical surface without the angle.
Modified Berman in view Hassett discloses
27. The bracket of claim 21, the mount includes at least one second mounting hole disposed perpendicular (mounting hole 16 of Berman) to the mount.
28. The bracket of claim 27 wherein the mount comprises two arms (left and right 20 of Berman) extending from support, the two arms each defining at least one of the at least one first mounting hole and at least one of the at least one second mounting hole.
34. The bracket of claim 27 wherein at least a portion of the at least one second mounting hole is located above the support arm.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berman et al. (Berman) 20210219764, as disclosed above, in view Allen 11,608,628.
Allen teaches that it known
23. The bracket of claim 21, wherein the mount includes at least one tab (4) extending at an oblique angle relative to the support, the at least one first mounting hole (2) extending through the at least one tab (4).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Berman to have included the mount including at least one first mounting hole disposed at an oblique angle to the mount for the purpose of providing a means to through which an attachment mechanism, such as a pin, nail, or screw, may traverse to attach the device to the vertical surface wherein guided by the angle of the outer surfaces of the wall protrusions/tabs allowing the attachment mechanism to attach to the vertical surface at the angle, allowing the hanger to support a greater weight than if the attachment mechanism attaches to the vertical surface without the angle.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hanley 2020/0305629 in view of Allen 11,608,628.
Hanley discloses claim:
26. A bracket comprising: a mounting bracket having a mount and a support, the mount profiled to engage a structure, the support extending from the structure at an angle, the mount including at least one first mounting hole disposed at an angle to the mount, the at least one first mounting hole sized to receive a fastener for attaching the mounting bracket to the structure; and a support arm extending from the mounting bracket and away from the structure and in an overlying at least in part engagement with the support to resist downward deflection of the support arm, wherein at least a portion of the at least one first mounting hole is located above the support, wherein the mount comprises two arms extending from the support at an angle, wherein the two arms extend to an extension connecting one another above the support, and the extension defines at least one of the at least one first mounting hole.
[AltContent: textbox (Extension between two arms)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Space (78))][AltContent: textbox (Attachment portion of support arm/hardware)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Mount extends upward from the support )][AltContent: arrow][AltContent: textbox (Support arm (90))][AltContent: arrow][AltContent: textbox (Receptacle (92))][AltContent: arrow][AltContent: textbox (Base arm (80) of support arm (80/90))][AltContent: arrow]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Extension between two arms)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Angled Support
Space (78))][AltContent: textbox (Mounting surface (lower surface of 86))][AltContent: arrow][AltContent: textbox (Two mounting arms with mounting holes (82a,82b) disposed laterally of space (78))][AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (Second portion )][AltContent: textbox (Mounting hole
(82a/82b))][AltContent: arrow][AltContent: arrow][AltContent: textbox (Main body)][AltContent: arrow][AltContent: textbox (First portion )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Angled support)]
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Hanley discloses all of the limitations except for:
the mount including at least one first mounting hole disposed at an oblique angle to the mount.
Allen teaches that it known the mount including at least one first mounting hole (2 and 3) disposed at an oblique angle to the mount.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Hanley to have included the mount including at least one first mounting hole disposed at an oblique angle to the mount for the purpose of providing a means to through which an attachment mechanism, such as a pin, nail, or screw, may traverse to attach the device to the vertical surface wherein guided by the angle of the outer surfaces of the wall protrusions/tabs allowing the attachment mechanism to attach to the vertical surface at the angle, allowing the hanger to support a greater weight than if the attachment mechanism attaches to the vertical surface without the angle.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 21-25, 27-41, and 43-49 have been considered but are moot because the new ground of rejection does not rely on any reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed February 2, 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments that
Claims 21-26, 30, 31, 35, 37-44, 48, and 49 are rejected as obvious over Hanley629 in view of Allen (US Patent No. 11,608,628).
With respect to claim 21, the combination of Hanley629 and Allen would not result in "at least a portion of the at least one first mounting hole is located above the support" as claim 21 recites.
Hanley629 discloses a curtain rod bracket 70 as shown in FIG. 7, reproduced below. The curtain rod bracket 70 includes a mounting plate 74 (see FIG. 8, reproduced below) and a bracket insert 72. The mounting plate 74 has a frontal wall receptacle 78 to receive a wall section 80 of the bracket insert 72. The Office Action identifies the mounting plate 74 as corresponding to the claimed "mounting bracket," identifying the portion defining the frontal wall receptacle 78 as corresponding to the claimed "support." The Office Action further identifies apertures 82a, 82b as corresponding to the "at least one first mounting hole."
No portion of the apertures 82a, 82b, however, is located above the support. Indeed, the mounting plate 74 is flat, so the apertures 82a, 82b are in the same plane as the portion identified as the "support" of the mounting plate 74. The Office Action's modification of Hanley629 in view of Allen's disclosure of a fastener alignment guide 100 having an aperture 102 to direct a fastener extended therethrough at an angle does not cure the above deficiency of Hanley629.
the examiner’s remarks are as follows. Hanley discloses that the “at least a portion of the at least one first mounting hole is located above the support” since the mounting hole 82a/82b will be located above the support (where space 78 is located) when the bracket is positioned vertically on the structure therefore meeting the applicant’s claimed invention.
Conclusion
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/KIMBERLY T WOOD/Primary Examiner, Art Unit 3631
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