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 .
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 “linear portion extending along at least one engaging element of the first plurality of engaging elements” in claim 1, “the second body in the shape of a rectangular prism” in claims 5 and 15, and the “edge extending along an axial direction” in claim 11 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.
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.
Claims 5, 15 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re. Cls. 5 and 15, the limitation “one of the first body portion or the second body portion includes a shaft in the shape of a rectangular prism having at least six sides” renders the claim indefinite in the Examiner’s position. Applicant’s figures do not appear to illustrate such a configuration and the specification does not provide adequate description so that one of ordinary skill would understand how the device works. Applicant’s specification discusses the first body portion having at least six sides in Paragraph 0077 but it appears as if this is a separate embodiment from what is required by claims 1 and 11. Therefore, it is unclear how these two embodiments would work together as required by the claims and still function as desired. Since Applicant’s specification in Paragraph 0077 refers to a different embodiment, the Examiner will examine this claim as an alternate to the teeth engaging elements shown in Fig. 4a-b. Appropriate clarification is requested.
Claim 18 recites the limitation "at least one of the plurality of axially extending grooves" in Line 1-2. There is insufficient antecedent basis for this limitation in the claim.
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 1-4, 6-8, 10-14, 16-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McElwain US 3480310 (hereinafter McElwain).
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Re. Cl. 1, McElwain discloses: A connecting element (upper part of Fig. 1) for use in a mounting system for supporting an electronic device (see Fig. 1, the upper half of the device is capable of being used in the claimed intended use), comprising: an interface body (14-15, Fig. 1) defining a tapered surface (see annotated figure 1) extending to an axial end of thereof so that a first end of the tapered surface at the axial end of the interface body has a reduced diameter relative to a second end of the tapered surface (see annotated figure 1, the tapered surface tapers downwards to a reduced diameter at the free end); and a first plurality of engaging elements (13, Fig. 1) disposed on the tapered surface (see Fig. 1, the elements 13 are on and taper into the annotated tapered surface), the first plurality of engaging elements extending along a perimeter of the interface body (see Fig. 1), the first plurality of engaging elements configured to engage with a clamp body to substantially prevent rotation of the clamp body with respect to the connecting element (see Fig. 1 and are configured to engage with a clamp to prevent rotation in the same manner as engaging with 12), the interface body including a linear portion (see annotated figure 1) extending along at least one engaging element of the first plurality of engaging elements, the linear portion extending parallel to a central axis of the connecting element (see annotated figure 1).
Re. Cl. 11, McElwain discloses: A connecting element (14-15, Fig. 1) for use in a mounting system for supporting an electronic device (see Fig. 1, the element is capable of being used in the claimed intended use), comprising: an interface body (see 14-15, Fig. 1) defining a tapered surface (see annotated figure 1) extending to an axial end of thereof so that a first end of the tapered surface at the axial end of the interface body has a reduced diameter relative to a second end of the tapered surface (see Fig. 1, the bottom of the tapered surface has a reduced dimension from the top); and a first plurality of engaging elements (13, Fig. 1) disposed on the tapered surface (see Fig. 1, the elements 13 are on and taper into the annotated tapered surface), the first plurality of engaging elements extending along a perimeter of the interface body (see Fig. 1), the first plurality of engaging elements configured to engage with a clamp body to substantially prevent rotation of the clamp body with respect to the connecting element (see Fig. 1 and are configured to engage with a clamp to prevent rotation in the same manner as engaging with 12), at least one of the first plurality of engaging elements defining an edge (see annotated figure 1) extending along an axial direction and that is angled relative to the tapered surface (see annotated figure 1, the edge is straight vertical and the tapered surface is angled relative to that as shown).
Re. Cls. 2 and 12, McElwain discloses: the tapered surface is an at least partially radially-outward facing surface of the interface body (see Fig. 1), the tapered surface defining an outer surface of the interface body (see Fig. 1).
Re. Cls. 3 and 13, McElwain discloses: the interface body includes a first body portion and a second body portion (see annotated figure 1) extending axially from the first body portion, the second body portion having a reduced diameter relative to the first body portion (see annotated figure 1, at 25), the first body portion defining the tapered surface (see annotated figure 1), the first plurality of engaging elements extending along a perimeter of the first body portion (see annotated figure 1).
Re. Cls. 4 and 14, McElwain discloses: an outer diameter of the tapered surface decreases with increasing distance from the second body portion (see annotated figure 1, the diameter of the tapered surface decreases extending to its free end).
Re. Cls. 6 and 16, McElwain discloses: a base (61, Fig. 1), the second body portion extending between the base and the first body portion (see annotated figure 1, portion with 27 extends between base 61 and the annotated first body portion); and a flange (see annotated figure 1) extending radially away from the base (see Fig. 1), the interface body extending axially away from the flange (see Fig. 1, downward from 15).
Re. Cls. 7 and 17, McElwain discloses: the first plurality of engaging elements are at least partially defined by a plurality of axially extending grooves in an outer surface of the interface body that form a plurality of teeth in the interface body (see Fig. 1, shows teeth and grooves between neighboring teeth 13).
Re. Cl. 8, McElwain discloses: the linear portion is defined by at least a portion of an edge along the plurality of engaging elements (see annotated figure 1).
Re. Cls. 10 and 20, McElwain discloses: the tapered surface defines a facet that extends from first axial end of the interface body to an apex towards a second axial end of the interface body (see annotated figure 1), the linear portion extending axially away from the apex and parallel to the central axis of the connecting element (see annotated figure 1).
Re. Cl. 18, McElwain discloses: the edge defines a root of at least one of the plurality of axially extending grooves (see annotated figure 1, edge is a root or a base of the spaces between 13s).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over McElwain in view of Carnevali US 2008/0115344 (hereinafter Carnevali).
Re. Cls. 5 and 15, McElwain does not disclose at least one of the first body portion or the second body portion includes shaft in the shape of a regular prism having at least six sides, each side of the shaft defining a respective one of the first plurality of engaging elements. Carnevali discloses that it is known to employ a first body portion (162, Fig. 8) in the from of a rectangular prism having at least six sides (166a-h, Fig. 8) which define a respective one of a plurality of engaging elements (see Fig. 8) which engage with an prevent rotation relative to a clamp (see 170, 172, Fig. 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the McElwain engaging elements with the prism forming the engaging elements as disclosed by Carnevali with reasonable expectation of success since it has been held obvious to replace one known means with another to achieve a predictable result. KSR Int’l Co. V. Teleflex Inc. 550 U.S. ___, 82 USPQ 2d 1385 (Supreme Court 2007) (KSR)
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over McElwain in view of Follmar US 7757424 (hereinafter Follmar).
Re. Cls. 9 and 19, McElwain discloses that the first plurality of engaging elements includes a plurality of radial projections (see 13, Fig. 1) but does not disclose these projections are angled with respect to an axial direction such that a circumferential width of each of the first plurality of engaging elements varies along the axial direction. Follmar discloses a connecting element (30, Fig. 14) which includes a plurality of engaging elements (38, Fig. 16) which function to prevent rotation of the connecting element when assembled to a base (see Fig. 17). Re. Cls. 9 and 19, Follmar discloses the engaging elements are projections (see Fig. 16-19) which are angled with respect to an axial direction such that a circumferential width of each of the first plurality of engaging elements varies along the axial direction (see Fig. 16-19, the projections are triangular and tapered laterally at their bottom ends therefore, having a varied width along their axial direction).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the McElwain engaging elements so they are shaped as disclosed by Follmar with reasonable expectation of success since it has been held obvious to change the shape/configuration of a device absent persuasive evidence that the shape/configuration was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fechter US 5632568, Swinford US 1536985, and Rentz US 10921087 disclose other connecting elements which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632