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 .
This is the final Office Action for the serial number 18/807,526, MOUNTING BRACKETS AND UTILITY MOUNT, filed on 8/16/24.
Claim Rejections - 35 USC § 102
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 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.
Claim 3-5 and 7-9 are rejected under 35 U.S.C. 102(a1) as being anticipated by US Patent # 9,985,422 to Jett et al.
Jett et al. teaches a mounting bracket comprising a bracket body (20) having a front wall (42) with upper end and a lower end, first and second sidewalls (44, 46) extending rearwardly from the front wall. Each of the first and second sidewalls having an upper mount element (44) and a lower mount element (46). The positions of the upper and lower mount elements being fixed with respect to the sidewalls. The mounting bracket includes an engagement end (44C,46C) of each the upper mount elements being positioned rearwardly of the front wall and above the upper end of the front wall. An engagement end of each the lower mount elements (44C and 446C) being positioned rearwardly of the front wall and below the lower end of the front wall. The mounting bracket includes a projection (30) extending upwardly from a portion of the upper end of the front wall. Each sidewall is coplanar with the upper and lower mount elements of that sidewall. At least the lower mount elements and upper mount elements have pointed engagement ends (44c, 46c). All of the mount elements have pointed engagement ends (44c, 46c). The bracket includes a mount (22) defines an opening (26b) adapted to receive a portion of the device being mounted to the mounting bracket. The mount projecting forward from the front wall.
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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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jett et al. in view of US Patent # 6,267,339 to Gates et al.
Jett et al. teaches the bracket body with the front wall and first sidewall but fails to teach the bracket body comprises first and second strap openings. Gates et al. teaches the bracket body comprising first and second strap openings (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jett et al.’s bracket body with first and second strap openings as taught by Gates et al. to “facilitate fixing the bracket to a pole, the fixing members preferably have means to receive a strap” (in gates invention , column 1, lines 36-37).
Allowable Subject Matter
Claims 11-22 are allowed.
Response to Arguments
Applicant’s arguments with respect to claims 3-10 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.
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 ALFRED J WUJCIAK whose telephone number is (571)272-6827. The examiner can normally be reached Monday-Friday 7am-3:30pm.
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ALFRED J. WUJCIAK III
Primary Examiner
Art Unit 3632
/ALFRED J WUJCIAK/Primary Examiner, Art Unit 3636 3/9/26