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
This correspondence is in response to Applicant’s Reply filed on May 28, 2026. Claims 1-20 and 33 are canceled and Claims 21-32 and 34-40 are pending. THIS ACTION HAS BEEN MADE FINAL.
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) 28, 30-32 and 34-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent App. No. 2016/0268958 to Wildes et al. (Wildes).
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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. A) having a first flange (See Annotated Fig. A) extending outward, and a second guide rail (See Annotated Fig. A) spaced apart from the first guide rail, the second guide rail having a second flange (See Annotated Fig. A) extending outward opposite the first flange; a through-hole (See Annotated Fig. A) located between the first guide rail and the second guide rail, and through the base portion; and a mounting bracket (See Annotated Fig. A) including a pair of opposing arms (See Annotated Fig. A) that are shaped to engage around and slide along the first flange (See Annotated Fig. A) and the second flange (See Annotated Fig. A) of the slide portion (See Annotated Fig. A).
Regarding Claim 30: Wildes discloses a mounting apparatus wherein each arm of the pair of opposing arms (See Annotated Fig. A) of the mounting bracket (See Annotated Fig. A) has a U-shaped end (See Annotated Fig. B) that is slidable on the slide portion (See Annotated Fig. A).
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. A) 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 34: Wildes discloses a mounting apparatus wherein each arm of the pair of opposing arms (See Annotated Fig. A) includes a groove (See Annotated Fig. B), the groove being sized to accommodate at least one of the first guide rail (See Annotated Fig. A) or the second guide rail (See Annotated Fig. A).
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. A) having a first flange (See Annotated Fig. A) extending outward, and a second guide rail (See Annotated Fig. A) spaced apart from the first guide rail, the second guide rail having a second flange (See Annotated Fig. A) extending outward opposite the first flange; and a through-hole (See Annotated Fig. A) located between the first guide rail and the second guide rail, and through the base portion; and a mounting bracket (See Annotated Fig. A) including a pair of opposing arms (See Annotated Fig. A) that slide along outer edges (See Annotated Fig. A) of the slide portion (See Annotated Fig. A).
Regarding Claim 36: Wildes discloses a mounting apparatus according to claim 35, wherein the first guide rail (See Annotated Fig. A) and the second guide rail (See Annotated Fig. A) include a planar flange (See Annotated Fig. A), and wherein each arm (See Annotated Fig. A) of the pair opposing arms of the mounting bracket has a U-shaped end (See Annotated Fig. B) that is engageable with the respective planar flanges (See Annotated Fig. A) and slidable on the slide portion (See Annotated Fig. A).
Regarding Claim 37: Wildes discloses a mounting apparatus according to claim 35, wherein the base portion includes: a port (See Annotated Fig. A) extending through a surface (See Annotated Fig. A) of the base portion adjacent to a first side of the base portion, and a vent (See Annotated Fig. A) extending through the surface of the base portion adjacent to a second side of the base portion, opposite the first side.
Regarding Claim 38: Wildes discloses a mounting apparatus according to claim 35, wherein the mounting bracket (See Annotated Fig. A) further includes: a horizontal portion (See Annotated Fig. B) having the pair of opposing arms (See Annotated Fig. A) that is slidable on the slide portion (See Annotated Fig. B), and a vertical portion (See Annotated Fig. B) that extends transversely to the horizontal portion (See Annotated Fig. B).
Regarding Claim 39: Wildes discloses a mounting apparatus according to claim 35, wherein the a mounting bracket (See Annotated Fig. A) further includes: a mounting portion (See Annotated Fig. B), a sliding portion (See Annotated Fig. B) having the pair of opposing arms (See Annotated Fig. A) that is slidable on the slide portion (See Annotated Fig. A), a hole (See Annotated Fig. B) located in the sliding portion, a stanchion (See Annotated Fig. A), and a set screw (See Annotated Fig. B) disposable in the hole in alignment with one of the first guide rail (See Annotated Fig. A) or the second guide rail (See Annotated Fig. A).
Regarding Claim 40: Wildes discloses a mounting apparatus according to claim 39, wherein the stanchion (See Annotated Fig. A) includes a plurality of notches (See Annotated Fig. A) sized and spaced in a vertical direction along a face of the stanchion. (See generally Annotated Fig. A)
Response to Amendment
Applicant’s arguments with respect to claim(s) 28-32 and 34-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 21-27 are allowed.
Claim 29 is 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 an end of the slide portion that extends outward above a perimeter of the base 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 8806815.
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 ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632
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