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 .
Response to Amendment
In the amendment dated August 12, 2026, claims 1-7, 11, 13, 15, 16, and 21 were amended. Claim 1-31 are pending, with claims 8-10, 17-20, and 23-31 withdrawn.
Applicant alleges that claim 1 was amended “to include the feature of claim 7 which the examiner identified as being allowable” (Remarks at p. 9). However, amended claim 1 is much broader than previously presented claim 7 and does not include the structure of the shelf as previously presented. A new rejection of claim 1 is presented, which was necessitated by the amendment.
Applicant’s arguments regarding the 35 U.S.C. 102 rejections of claim 13 over Bublitz has been fully considered, but they are not persuasive for these reasons:
Regarding Applicant’s assertion that claim 13 was amended “to include the feature of claim 7 which the examiner identified as being allowable” (Remarks at p. 10), the examiner disagreed. Claim 13 is much broader than previously presented claim 7. In fact, claim 13 doesn’t recite the cover at all. Bublitz anticipates amended claim 13 as explained below.
Claim Objections
Claims 7, 16, and 21 are objected to because of the following informalities:
The claim markup (i.e., underlining and strikethrough) do not show changes made to the claim relative to the immediate prior version of the claims. Instead, claims 7 and 16 include strikethrough of language that was deleted in a previous version of the claims (see 37 CFR 1.121(c)).
At claim 21, line 2: “house of least one” should read “house at least one”.
Appropriate correction is required.
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.
Claims 2, 3, 6, and 7 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 2 recites “at least one fastening mechanism” at line 4. It is unclear whether this is referring to at least one of the plurality of fastening mechanisms recited in claim 1 at line 6, or whether this is a different fastening mechanism.
Claim 6 recites “fastening mechanisms” in line 2. It is unclear whether this is referring to the plurality of fastening mechanisms recited in claim 1 at line 6, or whether this is a different fastening mechanisms.
Claim 7 recites “the antenna can transmit a signal out of the utility box a screw” in lines 12-13. It is unclear what this means.
Claim 3 is also rejected through its dependence on claim 2.
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.
(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.
Claims 1-3, 11-16, 21, and 22 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by U.S. Pat. 6,378,817 to Bublitz et al. (hereinafter, “Bublitz”).
Regarding claim 1, Bublitz disclose a lid (lid 13 with housing 20, Fig. 1) for mounting on a utility box (enclosure 10, Fig. 1), the utility box (enclosure 10) housing an antenna therein (col. 2, ll. 44-52), the lid (lid 13 with housing 20) comprising: a cover (lid 13) configured to be mounted on the utility box (enclosure 10) and defining a shelf (shelf formed around hole 13a in lid 13, see Fig. 3); an insert (housing 20, Fig. 1) configured to be mounted to the cover (lid 13), the insert including a top plate (cap 21, Fig. 2) and a bottom plate (flange 31 or flange 32, Fig. 2) secured to one another (see Fig. 1) with the shelf (shelf formed around hole 13a in lid 13) interposed therebetween (see Figs. 1, 3), and a plurality of fastening mechanisms (holes 35, 36, Fig. 4; col. 3, ll. 3-12; or holes 27, 28, Fig. 3) configured to secure the antenna (col. 2, ll. 45-64) such that the antenna can transmit a signal out of the utility box (col. 2, ll. 26-52).
Regarding claim 2, Bublitz further discloses the antenna (col. 2, ll. 26-52), wherein the antenna is selected from a plurality of different antenna configurations (see col. 2, ll. 26-52), and at least one fastening mechanism (holes 35, 36, Fig. 4; or holes 27, 28, Fig. 3) is configured to secure any one of the plurality of different antenna configurations antenna (fastening mechanisms are capable of securing different antenna configurations) such that any one of the plurality of different antenna configurations can transmit a signal out of the utility box (col. 2, ll. 26-52).
Regarding claim 3, Bublitz further discloses the at least one fastening mechanism (holes 35, 36, Fig. 4; or holes 27, 28, Fig. 3) is an opening for receiving at least one of a zip-tie, a bracket and a screw (holes 35, 36, 27, 28 are capable of receiving a screw).
Regarding claim 11, Bublitz further discloses an instrument (col. 2, ll. 26-44) housed by the utility box (enclosure 10), wherein the antenna (col. 2, ll. 26-52) is configured to transmit a signal generated by the instrument (col. 2, ll. 26-52).
Regarding claim 12, Bublitz further discloses the instrument (col. 2, ll. 26-44) includes at least one of a leak detection instrument, a geo-location instrument or an electrical current or electrical load sensing instrument (col. 2, ll. 26-44), and the antenna (col. 2, ll. 26-52) is configured to transmit one or more respective signal generated by the leak detection instrument, the geo-location instrument or the electrical current or electrical load sensing instrument (col. 2, ll. 26-52).
Regarding claim 13, Bublitz discloses an insert (housing 20, Figs. 1-3) for mounting to a utility box cover (lid 13, Fig. 1) of a utility box (enclosure 10, Fig. 1), the utility box (enclosure 10) housing an antenna therein (col. 2, ll. 44-52), the insert (housing 20) comprising: a top plate (cap 21, Fig. 2) configured to be mounted in an upper recess of the cover (cap 21 is capable of being mounted in an upper recess of a cover); a bottom plate (flange 32, Fig. 2) configured to be mounted in a lower recess of the cover (flange 32 is capable of being mounted in an upper recess of a cover), wherein the top plate (cap 21) and the bottom plate (flange 32) are configured to be secured to each other (see Figs. 2-3) with a shelf of the cover (shelf formed around hole 13a in lid 13, see Fig. 3) interposed therebetween (see Figs. 1, 3); and the bottom plate (flange 32) defining a plurality of fastener openings (holes 35, 36, Fig. 4; col. 3, ll. 3-12), each fastener opening (holes 35, 36) configured to receive a fastener (screws 40, Fig. 2) for securing the antenna (col. 3, ll. 3-12) such that the antenna can transmit a signal out of the utility box (col. 1, ll. 16-40).
Regarding claim 14, Bublitz further discloses the fastener (screws 40) is one of a zip-tie, a bracket, and a screw (screws 40).
Regarding claim 15, Bublitz further discloses the top plate (cap 21) and the bottom plate (flange 32) are configured to be secured to each other (see Figs. 2-3), with the shelf of the utility box cover (shelf formed around hole 13a in lid 13) interposed therebetween (see Fig. 1), by an insert attachment mechanism (screws 39, Fig. 2).
Regarding claim 16, Bublitz further discloses the insert attachment mechanism (screws 39) includes a screw (screws 39) extending between the bottom plate (flange 32) and the upper plate (cap 21, see Fig. 3).
Regarding claim 21, Bublitz further discloses the utility box (enclosure 10) is configured to house of least one of a leak detection instrument and a geo-location instrument (enclosure 10 is capable of housing a leak detection instrument or geo-location instrument), and the antenna (col. 2, ll. 44-52) is configured to transmit a signal generated by the leak detection or geo-location instrument (antenna is capable of transmitting a signal generated by the instrument).
Regarding claim 22, Bublitz further discloses the insert (housing 20) is manufactured from plastic (col. 2, ll. 44-47).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bublitz as applied to claim 1 and in further view of U.S. Pub. 2019/0226874 to Slater (hereinafter, “Slater”).
Regarding claim 6, Bublitz further discloses the top plate (cap 21) is configured to be mounted on the cover (lid 13) by fastening mechanisms (screws 39, Figs. 2-3) that extend from the bottom plate (flange 31, Figs. 2-3) to the top plate (cap 21, see Figs. 2-3).
Bublitz does not expressly disclose the top plate is mounted in an upper recess of the cover.
Slater teaches a similar lid (frame 100 with assembly 10, Fig. 12) for mounting on a utility box (paras. [0024]-[0025]), the utility box housing an antenna therein (paras. [0024]-[0025])). Slater teaches a cover (frame 100) configured to be mounted on the utility box (para. [0033]) and defining a shelf (lip 108, Fig. 12). Slater teaches an insert (assembly 10) mounted to the cover (frame 100), the insert including a top plate (upper side 24, Fig. 12). Slater teaches the top plate is mounted in an upper recess of the cover (recess formed by upper ring portion 102, see Fig. 12). Slater teaches the upper recess locates the insert on the lid (see para. [0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the lid of Bublitz to add a lip around the top plate such that the top plate is mounted in an upper recess as taught by Slater for the purpose of locating the top plate on the lid, as recognized by Slater (see para. [0033]), and for the purpose of protecting the top plate.
Allowable Subject Matter
Claims 4 and 5 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. Claim 7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 4 and 7, Bublitz does not disclose the through-hole including a shelf in between the top surface and the bottom surface, and the portion of the through-hole above the shelf defining an upper recess and the portion of the through-hole below the shelf defining a lower recess, with the shelf arranged such that it is interposed between the top plate and the bottom plate. It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bublitz and/or Slater to have such an arrangement in combination with the other claim limitations.
Claim 5 would be allowable based on its dependence from claim 4.
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 LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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, Nathan Jenness can be reached at 571-270-5055. 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.
/LAURA E. PARKER/Primary Examiner, Art Unit 3733
