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 Claims
Claims 1-20 are pending. Claims 1-9 are subject to examination in this Office action. Claims 10-20 are withdrawn (non-elected).
Election/Restrictions
Applicant’s election with traverse of Group I (claims 1-9) in the reply filed on 24 February 2026 is acknowledged. In traversing the restriction requirement, Applicant asserts in conclusory fashion that searching all of the inventions together would not impose an undue burden on the examiner. This assertion is not found persuasive because Applicant did not suggest a field of search that would encompass all of the groups, and furthermore, Applicant did not specifically challenge the Examiner’s finding that the groups lack unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 31 October 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
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.
Claims 1-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent claim 1, as presently drafted, is directed to a device (i.e., a track). However, several of the dependent claims (e.g., claims 2-7 and 9) appear to set forth system limitations with respect requiring direct attachment of the claimed track to a truss, track hanger or hangar, appliance and carriage assembly. In this regard, it is unclear as to whether a truss, track hanger or hangar, appliance and carriage assembly are required structure. Clarification is requested. If they are intended to be required, the Examiner suggests amending the preamble to clarify that claim 1 is directed to a system.
Regarding claim 8, the relative term “generally” is recited which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this regard, the Examiner suggests deleting this relative term.
Accordingly, the examined claims will be interpreted as best understood.
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 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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Wood (U.S. Patent No. 5,429,438).
Regarding independent claim 1, as best understood, Wood describes a track (10) comprising:
a body (11) extending horizontally defining a first end and a second end, the track having a plurality of sides, the track further comprising
a plurality of recesses (12) with each individual recess located on one of the respective plurality of sides of the track, wherein the recesses each are operable to receive and support fasteners (20) along the length of the track (see e.g., Figs. 1-5); and
two bores (14) located on the first end and the second end of the track respectively, wherein the two bores each extend horizontally within the track and are operable to receive at least a portion of an elongated pin (15) therein;
wherein the track is capable of being attached to a truss using at least one of the recesses on the track (see e.g., Figs. 1-5);
wherein the track is connectable to a second adjacent track that is attached to a second truss by inserting the elongated pin into one of the two bores of the track and also into a second bore of the second track (see e.g., Fig. 4; col. 5, ll. 7-9); and
wherein attachment of the first track to the second track via the pin aligns at least one of the plurality of recesses in the track with at least one of a second plurality of recesses on the second track defining an elongated track (see e.g., Fig. 4; col. 5, ll. 7-9).
Regarding claim 2, wherein the track is attached to the truss via a track hanger selectively engaged with one of the plurality of recesses on the track and a crossbar of the truss (see e.g., Figs. 1-5).
Regarding claim 3, wherein the first track is attached to the first truss by exactly two track hangers (see e.g., Figs. 1-5).
Regarding claim 4, wherein the appliance is attached to the truss via a carriage assembly that attaches to the track via one or more of the plurality of recesses (see e.g., Figs. 1-5).
Regarding claim 5, wherein the carriage assembly is slidably movable within the elongated track defined by the first and second tracks (see e.g., Figs. 1-5).
Regarding claim 6, wherein the carriage assembly is selectively securable at any location along the elongated track (see e.g., Figs. 1-5).
Regarding claim 7, wherein a plurality of carriage assemblies are secured to the recesses of the track, the plurality of carriage assemblies each configured to support at least one appliance (see e.g., Figs. 1-5).
Regarding claim 8, wherein the track has a generally rectangular shape with one recess on each of the four sides of the track (see e.g., Figs. 1-5).
Regarding claim 9, wherein one of the four recesses receives a track hangar for attachment of the track to the truss and the three remaining recesses define mounting points for attachment of appliances to the track and truss via one or more carriage assemblies (see e.g., Figs. 1-5).
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as anticipated by O’Grady (U.S. Patent No. 11,772,942).
Regarding independent claim 1, as best understood, O’Grady describes a track (106) comprising:
a body (Fig. 4) extending horizontally defining a first end and a second end, the track having a plurality of sides, the track further comprising
a plurality of recesses (108) with each individual recess located on one of the respective plurality of sides of the track, wherein the recesses each are operable to receive and support fasteners (107) along the length of the track (see e.g., Figs. 4 and 6); and
two bores (Figs. 4 and 6) located on the first end and the second end of the track respectively, wherein the two bores each extend horizontally within the track and are operable to receive at least a portion of an elongated pin (see e.g., Figs. 1, 4 and 6) therein;
wherein the track is attachable to a truss (104) using at least one of the recesses on the track (see e.g., Figs. 1, 4 and 6);
wherein the track is connectable to a second adjacent track that is attached to a second truss by inserting the elongated pin into one of the two bores of the track and also into a second bore of the second track (see e.g., Figs. 1, 4 and 6); and
wherein attachment of the first track to the second track via the pin aligns at least one of the plurality of recesses in the track with at least one of a second plurality of recesses on the second track defining an elongated track (see e.g., Figs. 1, 4 and 6).
Regarding claim 2, wherein the track is attached to the truss via a track hanger selectively engaged with one of the plurality of recesses on the track and a crossbar of the truss (see e.g., Figs. 1, 4 and 6).
Regarding claim 3, wherein the first track is attached to the first truss by exactly two track hangers (see e.g., Figs. 1, 4 and 6).
Regarding claim 4, wherein the appliance is attached to the truss via a carriage assembly that attaches to the track via one or more of the plurality of recesses (see e.g., Figs. 1, 4 and 6).
Regarding claim 5, wherein the carriage assembly is slidably movable within the elongated track defined by the first and second tracks (see e.g., Figs. 1, 4 and 6).
Regarding claim 6, wherein the carriage assembly is selectively securable at any location along the elongated track (see e.g., Figs. 1, 4 and 6).
Regarding claim 7, wherein a plurality of carriage assemblies are secured to the recesses of the track, the plurality of carriage assemblies each configured to support at least one appliance (see e.g., Figs. 1, 4 and 6).
Regarding claim 8, wherein the track has a generally rectangular shape with one recess on each of the four sides of the track (see e.g., Figs. 1, 4 and 6).
Regarding claim 9, wherein one of the four recesses receives a track hangar for attachment of the track to the truss and the three remaining recesses define mounting points for attachment of appliances to the track and truss via one or more carriage assemblies (see e.g., Figs. 1, 4 and 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY MINTZ whose telephone number is (571)270-7327. The examiner can normally be reached on M-Th 0730 - 1630 EDT.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635
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