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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement filed 8/14/2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because no copies of the non-patent literature has been provided. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Election/Restrictions
Applicant’s election without traverse of Species 1, Figure 4, in the reply filed on 12/29/2025 is acknowledged. Claims 1-20 are canceled and Claims 21-40 are newly added and pending.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 21-26, 28-32, 35-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 9,825,581 to Wildes (Wildes).
PNG
media_image1.png
857
503
media_image1.png
Greyscale
PNG
media_image2.png
452
601
media_image2.png
Greyscale
PNG
media_image3.png
460
542
media_image3.png
Greyscale
PNG
media_image4.png
703
363
media_image4.png
Greyscale
Regarding Claim 21: Wildes discloses a mounting apparatus comprising: a base portion (See Annotated Fig. A); a slide portion (See Annotated Fig. A) formed on the base portion and that extends a distance beyond a perimeter (See Annotated Fig. A) of the base portion, the slide portion including: a first guide rail (See Annotated Fig. B), and a second guide rail (See Annotated Fig. B) spaced apart from the first guide rail; and a through-hole (See Annotated Fig. B) located between the first guide rail and the second guide rail, and through the base portion (See Annotated Fig. A).
Regarding Claims 22 and 29: Wildes discloses a mounting apparatus wherein a drain hole (See Annotated Fig. B) is located in an end (See Annotated Fig. B) of the slide portion that extends beyond the perimeter of the base portion.
Regarding Claims 23, 30 and 36: Wildes discloses a mounting apparatus further comprising a mounting bracket (See Annotated Fig. A) shaped to slide along the slide portion.
Regarding Claim 24: Wildes discloses a mounting apparatus according to claim 23, wherein the mounting bracket includes: a stanchion (See Annotated Fig. A), a first arm (See Annotated Fig. A) connected to a first side of an end of the stanchion, and a second arm (See Annotated Fig. A) connected to a second side of the end of the stanchion.
Regarding Claim 25: Wildes discloses a mounting apparatus according to claim 21, wherein the base portion (See Annotated Fig. A) includes: a cavity (See Annotated Fig. A), a port (See Annotated Fig. B) fluidly connected to the cavity, and a vent (See Annotated Fig. A) fluidly connected to the cavity.
Regarding Claim 26: Wildes discloses a mounting apparatus according to claim 21, wherein the first guide rail (See Annotated Fig. B) and the second guide rail (See Annotated Fig. B) are fixedly positioned on and extend from an upper surface (See Annotated Fig. A) of the base portion.
Regarding Claim 28: Wildes discloses a mounting apparatus comprising: a base portion (See Annotated Fig. A) having a sealable surface (See Annotated Fig. A) to seal against a mounting surface when installed; a slide portion (See Annotated Fig. A) formed on the base portion, the slide portion including: a first guide rail (See Annotated Fig. B) having a first flange (See Annotated Fig. B) extending outward, and a second guide rail (See Annotated Fig. B) spaced apart from the first guide rail, the second guide rail having a second flange (See Annotated Fig. B) extending outward opposite the first flange; and a through-hole (See Annotated Fig. B) located between the first guide rail and the second guide rail, and through the base portion.
Regarding Claim 31: Wildes discloses a mounting apparatus according to claim 30, wherein the mounting bracket includes a stanchion (See Annotated Fig. A) having a plurality of notches (See Annotated Fig. C) that span across a width direction of the stanchion.
Regarding Claim 32: Wildes discloses a mounting apparatus according to claim 31, wherein the stanchion includes a slot (See Annotated Fig. A) extending therethrough so as to form a gap (See Annotated Fig. A) at an end of the stanchion that is distal from the base portion.
Regarding Claim 35: Wildes discloses a mounting apparatus comprising: a base portion (See Annotated Fig. A) including a mounting side (See Annotated Fig. A) and a sealing side (See Annotated Fig. A); a slide portion (See Annotated Fig. A) disposed on the mounting side of the base portion, the slide portion including: a first guide rail (See Annotated Fig. B) having a first flange (See Annotated Fig. B) extending outward, and a second guide rail (See Annotated Fig. B) spaced apart from the first guide rail, the second guide rail having a second flange (See Annotated Fig. B) extending outward opposite the first flange; and a through-hole (See Annotated Fig. B) located between the first guide rail and the second guide rail, and through the base portion.
Regarding Claim 37: Wildes discloses a mounting apparatus according to claim 35, wherein the base portion includes: a port (See Annotated Fig. B) extending through a surface (See Annotated Fig. B) of the base portion adjacent to a first side (a top side of the device) of the base portion, and a vent (See Annotated Fig. A) extending through the surface (See Annotated Fig. A) of the base portion adjacent to a second side (a bottom side of the device) of the base portion, opposite the first side.
Regarding Claim 38: Wildes discloses a mounting apparatus according to claim 35, further comprising a mounting bracket (See Annotated Fig. A) including: a horizontal portion (See Annotated Fig. D) that is slidable on the slide portion, and a vertical portion (See Annotated Fig. D) that extends transversely to the horizontal portion.
Regarding Claim 39: Wildes discloses a mounting apparatus according to claim 35, further comprising: a mounting bracket (See Annotated Fig. D) including: a mounting portion (See Annotated Fig. D), a sliding portion (See Annotated Fig. D) that is slidable on the slide portion, a hole (See Annotated Fig. D) located in the sliding portion, a stanchion (See Annotated Fig. D), and a set screw (See Annotated Fig. D) disposable in the hole in alignment with one of the first guide rail or the second guide rail.
Regarding Claim 40: Wildes discloses a mounting apparatus according to claim 39, wherein the stanchion includes a plurality of notches (See Annotated Fig. C) sized and spaced in a vertical direction along a face of the stanchion.
Allowable Subject Matter
Claims 27, 33 and 34 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.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches:
a mounting apparatus according to claim 21, wherein a first end of the slide portion terminates within the perimeter of the slide portion, and wherein a second end of the slide portion terminates at the distance beyond the perimeter of the slide portion; or
a mounting apparatus according to claim 30, wherein the mounting bracket includes a pair of opposing arms at an end of the mounting bracket, the pair of opposing arms being sized to grasp around and slide along outer edges of the slide portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 11152889, 11515831.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632