DETAILED ACTION
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.
Examiner Comments
At the outset, it is noted that all independent claims require the features of ribs as well as a mount plate disposed in the internal reservoir. The embodiments of Fig. 12A-12F include a mount plate but no ribs. Fig. 13A-13F is the only embodiment including both the ribs and mount plate as claimed and thus, the claims are being interpreted as being drawn to the embodiment of Fig. 13A-13F. In addition, the embodiment of Fig. 13A-13F is first shown in application 16/775,543 having a priority date of 1/29/20.
Although US12085112 includes a mount plate claimed, the claims do not include ribs as claimed and thus, no double patenting is present.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gantt (US 2020/0102749) in view of Gong et al (“Gong”) (US 2006/0185289).
Re claim 1, Gantt discloses a mounting device (Fig. 8, 10) for covering a roof penetration in a roof (10 is capable of covering a roof penetration in a roof, as this is a statement of intended use), the mounting device (10) comprising:
a base (10) including a hub (13), an outer perimeter structure (at 110), a top (top of 10), a bottom (bottom of 10), and ribs (15) extending from (Fig. 8) the hub (13) outward to (Fig. 8) the outer perimeter structure (at 110);
an internal reservoir (17) extending between (Fig. 8) the hub (13) and the outer perimeter structure (at 110);
a mount plate (170) disposed in (Fig. 8) the internal reservoir (17) between the hub (13) and the outer perimeter structure (at 110); and
a bore (11) formed in the mount plate (170),
but fails to disclose wherein the internal reservoir is open to and accessible from both the bottom and the top.
However, Gong discloses wherein the internal reservoir (Fig. 6, within and between 318, 312 and 320) is open to and accessible from (via 332 and 334) both the bottom (bottom of 310) and the top (top of 310).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Gantt wherein the internal reservoir is open to and accessible from both the bottom and the top as disclosed by Gong in order to aid in nesting or stacking without interlocking ([0031]) for shipping and/or transportation.
Re claim 2, Gantt as modified discloses the mounting device of claim 1, wherein the mount plate (170) is disposed between (Fig. 8) at least two of the ribs (15).
Re claim 3, Gantt as modified discloses the mounting device of claim 1, wherein the mount plate (170) is coupled to (as “coupled” requires no contact or juxtaposition) one of the ribs (15).
Re claim 4, Gantt as modified discloses the mounting device of claim 1, further comprising a cap (20, 24) disposed on the base (10) and cooperating with the base (10) to form an environmental seal (Fig. 9) over the roof penetration (Fig. 9).
Re claim 5, Gantt as modified discloses the mounting device of claim 1, wherein: the bore (11) is configured to receive a fastener (14; [0038]) for fastening the mounting device (10) at the roof penetration (14 is capable of mounting at a roof penetration) such that the mount plate (10) leaves the internal reservoir (17) accessible from both the bottom (bottom of 10) and the top (top of 10, via 332 and 334 of Gong).
Re claim 6, Gantt discloses the mounting device of claim 1, wherein the mount plate (170) is an annulus (Fig. 8).
Re claim 7, Gantt as modified discloses the mounting device of claim 1, wherein the internal reservoir (17) encircles (Fig. 8, at least partially) the hub (13).
Re claim 8, Gantt discloses a mounting device (Fig. 8, 10) for covering a roof penetration in a roof (10 is capable of covering a roof penetration in a roof, as this is a statement of intended use), the mounting device (10) comprising:
a base (10) including a hub (13), an outer perimeter structure (at 110), an open top (top of 10), an open bottom (bottom of 10 per Fig. 8);
an internal reservoir (17) in communication with (via 11) the open top (top of 10) and the open bottom (bottom of 10);
the hub (13) and the outer perimeter structure (at 110) are separated from each other (Fig. 8) by the internal reservoir (17) and by ribs (15) extending through the internal reservoir (17) from the hub (13) outward to (Fig. 8) the outer perimeter structure (at 110);
a mount plate (170) disposed in (Fig. 8) the internal reservoir (17) between at least two of the ribs (15); and
a bore (11) formed in the mount plate (170), the bore (11) for receiving a fastener (14; [0038]) for fastening the mounting device (10) at the roof penetration (14 is capable of fastening the mounting device at a roof penetration),
but fails to disclose the internal reservoir is open to and accessible from both the bottom and the top.
However, Gong discloses the internal reservoir (Fig. 6, within and between 318, 312 and 320) is open to and accessible from (via 332 and 334) both the bottom (bottom of 310) and the top (top of 310).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Gantt with the internal reservoir is open to and accessible from both the bottom and the top as disclosed by Gong in order to aid in nesting or stacking without interlocking ([0031]) for shipping and/or transportation.
Re claim 9, Gantt as modified discloses the mounting device of claim 8, wherein the mount plate (170) is disposed between (Fig. 8) the hub (13) and the outer perimeter structure (at 110).
Re claim 10, Gantt as modified discloses the mounting device of claim 8, wherein the mount plate (170) is coupled to (as “coupled” requires no contact or juxtaposition) one of the ribs (15).
Re claim 11, Gantt as modified discloses the mounting device of claim 8, further comprising a cap (20, 24) disposed on the base (10) and cooperating with the base (10) to form an environmental seal (Fig. 9) over the roof penetration (Fig. 9).
Re claim 12, Gantt as modified discloses the mounting device of claim 8, wherein: the fastener (14) is received through the bore (11), the mount plate (10) leaves the internal reservoir (17) accessible from both the bottom (bottom of 10) and the top (top of 10, via 332 and 334 of Gong).
Additionally, the language “when” is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. See § MPEP 2103 (C).
Re claim 13, Gantt as modified discloses the mounting device of claim 8, wherein the mount plate (170) is an annulus (Fig. 8).
Re claim 14, Gantt discloses a mounting device (Fig. 8, 10) for covering a roof penetration in a roof (10 is capable of covering a roof penetration in a roof, as this is a statement of intended use), the mounting device (10) comprising:
a base (10) including a hub (13), an outer perimeter structure (at 110), a top (top of 10 proximate the top of 13), a bottom (bottom of 10), and ribs (15) extending from (Fig. 8) the hub (13) outward to (Fig. 8) the outer perimeter structure (at 110);
an internal reservoir (17) between (Fig. 8) the top (proximate the top of 13) and bottom (bottom of 10) of the base (10);
a mount plate (170) disposed in (Fig. 8) the internal reservoir (17) for receiving a fastener (14; [0038]) for fastening the mounting device (10) at the roof penetration (14 is capable of mounting at a roof penetration),
but fails to disclose the internal reservoir accessible from both the bottom and the top.
However, Gong discloses the internal reservoir (Fig. 6, within and between 318, 312 and 320) accessible from (via 332 and 334) both the bottom (bottom of 310) and the top (top of 310).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting device of Gantt with the internal reservoir accessible from both the bottom and the top as disclosed by Gong in order to aid in nesting or stacking without interlocking ([0031]) for shipping and/or transportation.
Re claim 15, Gantt as modified discloses the mounting device of claim 14, wherein the mount plate (170) is disposed between (Fig. 8) at least two of the ribs (15).
Re claim 16, Gantt as modified discloses the mounting device of claim 14, wherein the mount plate (170) is disposed between (Fig. 8) the hub (13) and the outer perimeter structure (at 110).
Re claim 17, Gantt as modified discloses the mounting device of claim 14, wherein the mount plate (170) is coupled to (as “coupled” requires no contact or juxtaposition) one of the ribs (15).
Re claim 18, Gantt as modified discloses the mounting device of claim 14, further comprising a cap (20, 24) disposed on and cooperating with the base (10) to form an environmental seal (Fig. 9) over the roof penetration (Fig. 9).
Re claim 19, Gantt discloses the mounting device of claim 14, wherein, the fastener (14) is received through a bore (11), the mount plate (10) leaves the internal reservoir (17) accessible from both the bottom (bottom of 10) and the top (top of 10, via 332 and 334 of Gong).
Re claim 20, Gantt as modified discloses the mounting device of claim 14, wherein the mount plate (170) is an annulus (Fig. 8).
Response to Arguments
Objections to the Claims: Applicant’s argument with respect to the claim objections is persuasive and objection to the claims is hereby withdrawn.
Claim Rejections 35 USC 102: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant’s arguments concerning Gantt are directed to the amended portion of the claims. This feature is addressed in view of Gong above.
Applicant’s arguments concerning Hulsey are moot as Hulsey is no longer relied upon in the current rejection.
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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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