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 .
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) 1, 3-5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,235,979 to Sato in view of US 2022/0082117 to Stechmann.
Regarding claim 1, Sato ‘979 discloses a mounting bracket comprising: a post 11/12 having a base 24; a plurality of arms 30 radially disposed about the post 11/12, wherein each of the plurality of arms 30 is pivotally connected to the post (figs 2-3), wherein each of the plurality of arms 30 comprises: a hinged end proximate the post 12 (@ 33a – fig. 3 – col. 5, lines 13-25), an end distal from the post 11/12, and a body extending between the ends (figs 2-3); wherein each of the plurality of arms 30 further comprises a pad positioned proximate the distal end of each of the plurality of arms 30 (pads are at the tips of arms 30 – figs 2-3), wherein each of the plurality of arms 30 has a folded position and an extended position (fig 2 - col. 5, lines 27-37), wherein the body of each of the plurality of arms 30 is positioned transverse to the post 11/12 in the extended position and wherein the body of each of the plurality of arms 30 is proximate the post 11/12 in the folded position (fig. 2 – as shown in dashed lines), wherein positioning any one of the plurality of arms 30 in the folded position will position the hinged end 33a of said one arm 30 between the base 24 and the distal end of said one arm 30 (fig. 2 – as shown in dashed lines) and wherein positioning any one of the plurality of arms 30 in the extended position will align the distal end of said one arm 30 with the base 24 along a line that does not include the hinged end of said one arm 30 (fig. 2 – as annotated below via dashed line); and a mount 15 connected to the post 12, the mount 15 is configured to support an object.
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Stechmann ‘117 discloses brackets and mounting systems for securing hardware to structures in a wide range of orientations with various surface materials (para 0002); including a magnetic mounting bracket 10 for supporting a light source (fig. 9, para 0064 and claim 19), including a plurality of arms 30abc further comprises a pad 32abc positioned proximate the distal end 73 of each of the plurality of arms 30abc where each pad 32abc having a magnet 40 on a bottom surface of said pad 32abc (fig. 9 - para 0057 – “… attachment devices 40 include, among others, magnets…”).
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 distal end of the arms of the mounting bracket taught in Sato ‘979 with the pads having a magnet on a bottom surface as taught in Stechmann ‘117 in order to secure hardware, such as a light, to structures in a wide range of orientations to the desired surface of the structure.
Regarding claim 3, Sato ‘979, as modified, where Stechmann ‘117 discloses wherein each pad 32abc is pivotally mounted to the distal end 73 of one of the plurality of arms (via 42a – para 0064 – “… joints … are rotated to align the lower surfaces 78 of the attachment devices 40”).
Regarding claim 4, Sato ‘979, as modified, discloses further comprising an arm mount 33 slidably disposed on the post 11/12.
Regarding claim 5, Sato ‘979, as modified, discloses wherein the plurality of arms 30 are connected to the post 11/12 by the arm mount 33.
Regarding claim 9, Sato ‘979, as modified, discloses the base 24 with a base spike 24a to aid in positioning relative to a surface.
Stechmann ‘117 discloses attachment devices such as magnets on bottom surface of the mounting bracket that contact the surface of an attached structure. It would be another obvious modification to secure a magnet on the base (in lieu of or in addition to) the positioning spikes 24a. Noting that magnets offer the added convenience of releasable attachment in a wide range of orientations to the desired surface of a structure.
Therefore, 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 base taught in Sato ‘979 with the magnet(s) as taught in Stechmann ‘117 in order to allow for releasable attachment of the mounting bracket in a wide range of orientations to the desired surface of a structure.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 10,235,979 to Sato in view of US 2022/0082117 to Stechmann as applied to claim 1 above, and further in view of US 4,907,769 to Hunley, Jr. et al.
Regarding claim 2, Sato ‘979, as modified, discloses a mounting bracket comprising the plurality of arms 30 including the pad at the distal end of each of the plurality of the arms (figs 2-3 – pads are on the tips of arms 30).
Hunley ‘769 teaches a plurality of arms 12/14/16 further comprises a handle (top portion of magnets that snap into the slots at the distal ends of the arms – fig. 2 – the top portion bulb-like portion extending from an upper surface of the magnets and attached at the distal end of the arms) extending from the pad 18/22/26 at the distal end 20/24/28 of each of the plurality of the arms (fig. 2).
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 arms taught in Sato ‘979 with the magnet(s) as taught in Stechmann ‘117 in order to allow for releasable attachment of the mounting bracket in a wide range of orientations to the desired surface of a structure – further in view of Hunley ‘769 in order to allow for adjustment of the magnet relative to the arms via the handle portion.
Claim(s) 1, 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,50,821 to Hewlett in view of US 2022/0082117 to Stechmann.
Regarding claim 1, Hewlett ‘821 discloses a mounting bracket for supporting a light source 80 comprising: a post 12 having a base 40; a plurality of arms 46/56 radially disposed about the post, wherein each of the plurality of arms 46/56 is pivotally connected to the post (via portions 54/64 that pivotally connect the arms to the base that extends from the post – fig. 2-3), wherein each of the plurality of arms 46/56 comprises: a hinged end 48 proximate the post, an end 50 distal from the post (fig. 3), and a body extending between the ends; wherein each of the plurality of arms 46/56 has a folded position and an extended position, wherein the body of each of the plurality of arms 46/56 is positioned transverse to the post in the extended position (fig. 3) and wherein the body of each of the plurality of arms 46/56 is proximate the post in the folded position (fig. 2), wherein positioning any one of the plurality of arms 46/56 in the folded position will position the hinged end 48 of said one arm between the base 40 and the distal end 50 of said one arm and wherein positioning any one of the plurality of arms 46/56 in the extended position will align the distal end 50 of said one arm with the base 40 along a line that does not include the hinged end 48 of said one arm; and a mount 22, configured to support the light source 40, connected to the post 12.
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Stechmann ‘117 discloses brackets and mounting systems for securing hardware to structures in a wide range of orientations with various surface materials (para 0002); including a magnetic mounting bracket 10 for supporting a light source (fig. 9, para 0064 and claim 19), including a plurality of arms 30abc further comprises a pad 32abc positioned proximate the distal end 73 of each of the plurality of arms 30abc where each pad 32abc having a magnet 40 on a bottom surface of said pad 32abc (fig. 9 - para 0057 – “… attachment devices 40 include, among others, magnets…”).
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 distal end of the arms of the mounting bracket taught in Hewlett ‘821 with the pads having a magnet on a bottom surface as taught in Stechmann ‘117 in order to enhance securement of hardware, such as a light, to structures in a wide range of orientations to the desired surface of the structure. Noting that the pads (of Stechmann ‘117) aid in not marring the surface and the magnets (of Stechmann ‘117) will allow for secure but releasable attachment to further enhance the weighted ends of Hewlett ‘821.
Regarding claim 6, Hewlett ‘821, as modified, discloses wherein each of the plurality of arms 46/56 is movable between the folded position and the extended position independently of the other arms within the plurality of arms (col. 3, line 66 to col. 4, line 3).
Allowable Subject Matter
Claims 7-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and could be used in subsequent prior art rejections, as applicable. The list of supports is as follows: US-9577417-B2 OR US-10927999-B1 OR US-8831415-B2 OR US-5039050-A OR US-3638889-A OR US-10337666-B2 OR US-8137008-B1 OR US-7669814-B2 OR US-7364320-B2 OR US-8939602-B2 OR US-9052103-B2 OR US-6669353-B2 OR US-4648698-A OR US-11168835-B2 OR US-6491266-B1 OR US-6056450-A OR US-5399009-A OR US-5065249-A OR US-4027528-A OR US-11655937-B2 OR US-9821721-B2 OR US-9574706-B2 OR US-9057935-B2 OR US-4307862-A OR US-10785360-B2 OR US-20100039801-A1 OR US-20170350553-A1 OR US-20140103169-A1 OR US-20110304519-A1 OR US-20190126846-A1 OR US-20070053680-A1 OR US-20060158549-A1 OR US-20020097321-A1 OR US-20050265711-A1 OR US-20190146312-A1 OR US-20080191105-A1 OR US-6234434-B1 OR US-5647565-A OR US-20140301066-A1 OR US-4208703-A OR US-6439515-B1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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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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/MONICA E MILLNER/ Primary Examiner, Art Unit 3632