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 Objections
Claim 1 is objected to because of the following informalities: claim 1 states a second instance of “a junction box”. The second instance should state “the junction box”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: claim 11 states a second instance of “an electrical box”. The second instance should state “the electrical box”. Appropriate correction is required.
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(s) 1-2, 5, 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonino (US Patent 9595819) in view of Korcz (US PG. Pub. 2016/0172831) .
Regarding claim 1 – Bonino teaches a mud ring (figs. 1-5b, 10 [column 3 lines 40-41] Bonino states, “hinged mud ring cover 10”) for supporting an electrical device (fig. 5, 4 [column 3 line 55] Bonino states, “device 4”) with respect to a junction box (60 & 2 [column 5 line 21] Bonino states, “electrical box 60”) comprising: a base member (20 [column 3 line 63] Bonino states, “box mounting plate 20”) configured to be coupled to the junction box (60 & 2); a cover (30 [column 3 line 42] Bonino states, “mounting plate portion 30”) coupled to the base member (20) for movement between a first position and a second position (movement from first to second position through hinge 40), the cover (30) including an opening (see opening accommodating electrical device 4).
Bonino fails to teach an insert positioned in the opening and supported for movement relative to the cover, the insert having a first cavity configured to receive a first electrical device and a second cavity configured to receive a second electrical device; an actuator coupled between the insert and the cover for driving the insert to move relative to the cover, the actuator extending through a partition in the insert positioned between the first cavity and the second cavity.
Korcz teaches an insert (figs. 11-13, 220 [paragraph 0105] Korcz states, “movable ring 220”) positioned in the opening (see opening in cover 218 that accommodates movable ring 220) and supported for movement relative to a cover/plate member (218 [paragraph 0099] Korcz states, “Base 218 includes junction box connecting portion 224, support connecting portion 226, and stationary ring 228”), the insert (220) having a first cavity (left cavity within insert 220 [paragraph 0105] Korcz states, “in the illustrated embodiment where assembly 210 is configured for receipt of two electrical devices, includes opening 244, retention member 246, two recesses 248”) configured to receive a first electrical device and a second cavity (right cavity within insert 220) configured to receive a second electrical device (discussed in paragraph 0105 above); an actuator (222 [paragraph 0106] Korcz states, “rotation of indexing screw 222 in a second, opposite direction causes shoulder 252 to act on movable ring 220 to move the movable ring with respect to stationary ring 228 towards the second or extended position”) coupled between the insert (220) and the cover (218) for driving the insert (220) to move relative to the cover (218; discussed above), the actuator (222) extending through a partition (middle area of the insert 220 having threaded openings 240 thereat) in the insert (220) positioned between the first cavity and the second cavity (figure 13 shows the actuator 222 being between the first and second cavities).
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the mud ring for supporting an electrical device with respect to a junction box having a cover with an opening as taught by Bonino with an insert positioned within an opening of a cover with an actuator positioned between a first and second cavity of the opening allowing adjustment between the cover/plate member and the insert as taught by Korcz because Korcz states, “assembly 10 is advantageously configured to allow the user to easily and repeatably locate junction box 14 on support 16 at a position that is within the allowable movement of movable ring 20 between its first and second positions…ensures proper and repeatable placement of the assembly on support 16” [paragraph 0091 & 0077].
Regarding claim 2 – Bonino in view of Korcz teaches the mud ring of claim 1, wherein the insert (Korcz; figs. 11-13, 220) includes a first portion (upper portion of flange having opening 250 therein) to limit movement of the insert (220) in a first direction (up direction) relative to the cover (218) and a second portion (lower portion of flange having opening 250 therein) to limit movement of the insert (220) in a second direction (down direction) opposite the first direction (claimed structure shown in figure 13).
Regarding claim 5 - Bonino in view of Korcz teach the mud ring of claim 1, wherein the base member (Bonino; fig. 5b, 20) is configured to extend along a portion of a perimeter of the junction box (60 & 2), a first portion (left top portion) of the base member (20) secured to one corner (with a screw as quoted below) of the junction box (60 & 2) and a second portion (right bottom portion) of the base member (20) positioned adjacent an opposite corner of the junction box ([column 3 lines 63-67] Bonino states, "It is generally preferred that the box mounting plate 20 include four mounting slots 24, each positioned
adjacent to an associated corner to facilitating mounting the box mounting plate 20 to
the electrical box 2 using standard screws").
Regarding claim 8 - Bonino in view of Korcz teach the mud ring of claim
1, wherein the actuator (Korcz; figs. 11-13, 222 [paragraph 0106] Korcz states, " rotation of indexing screw 222 in a second, opposite direction causes shoulder 252 to act on movable ring 220 to move the movable ring with respect to stationary ring 228 towards the second or extended position") includes a threaded fastener (screw 222 is a threaded fastener) supported for free rotation relative to one of the insert (220) and the cover (218), rotation of the threaded fastener (screw 22) causing the insert (220) to translate relative to the cover (218) in a direction normal to a plane of the cover (218; figures 11-13 show the insert 220 extending vertically and appears to meet the claimed limitation).
Regarding claim 9 – Bonino in view of Korcz teach the mud ring of claim 1, wherein the actuator (Korcz; figs. 11-13, 222) is a first actuator (lower actuator 222) positioned adjacent a lower edge of the insert (220; claimed structure shown in figure 11).
Regarding claim 10 – Bonino in view of Korcz teach the mud ring of claim 9, further comprising a second actuator (Korcz; figs. 11-13, upper actuator 222) positioned adjacent an upper edge of the insert (220; claimed structure shown in figure 11).
Claim(s) 3-4, 11-15 & 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonino in view of Korcz et al. as applied to claim 1 above, and further in view of Brumfield Jr. et al. (US Patent 4261189).
Regarding claim 3 – Bonino in view Korcz teach the mud ring of claim 1, but fail to teach further comprising a latch for selectively securing the cover against movement relative to the base member.
Brumfield teaches a latch (fig. 10, 32 [column 3 line 9] Brumfield states, “retainer plate 32”) for selectively securing the cover (18) against movement relative to the base member (14).
It would have been obvious to a person having ordinary skill in the art before the
effective filling date of the claimed invention to modify the mud ring for supporting an
electrical device with respect to an electrical box having a cover, base member, and
insert as taught by Bonino in view of Korcz with the latch that secures the cover to the
base member wherein the latch is rotatable and engages a fastener to secure the cover
against movement relative to the base member as taught by Brumfield because Brumfield states, "an improved panelboard door lock assembly" [column 4 lines 52-53].
This latching structure will lock the cover to the base member and prevent unintentional
pivoting between the cover and the base member.
Regarding claim 4- Bonino in view of Korcz and Brumfield teach the mud ring of claim 3, wherein the latch (Brumfield; fig. 10, 32) is movable (see movement between figures 10 and 12 with rotation axis at lower post 30) between a latched position (figure 12 shows a “latched position”) and an unlatched position (figure 10 shows an “unlatched position”), and, when the latch (32) is in the latched position (fig. 12), the latch engages a fastener (top post 30 [column 3 lines 53-56] Brumfield states, “the upper post 30 engages one edge of slot 34 to form one limit position for the plate 32”) to secure the cover (18) against movement relative to the base member (14; see claimed structure shown in in figure 12).
Regarding claim 11 – Bonino teaches a mud ring (figs. 1-5b, 10 [column 3 lines 40-41] Bonino states, “hinged mud ring cover 10”) for supporting an electrical device (fig. 5, 4 [column 3 line 55] Bonino states, “device 4”) with respect to an electrical box (60 & 2 [column 5 line 21] Bonino states, “electrical box 60”) comprising: a base member (20 [column 3 line 63] Bonino states, “box mounting plate 20”) configured to be coupled to the electrical box (60 & 2) via a fastener ([column line ] Bonino states, “mounting the box mounting plate 20 to the electrical box 2 using standard screws”); a cover (30 [column 3 line 42] Bonino states, “mounting plate portion 30”) coupled to the base member (20) for pivoting movement about a pivot axis between a closed position and an open position ([claim 8] Bonino states, “mounting plate is pivotally coupled to said box mounting plate by a living hinge with the device mounting plate”), the cover (30) permitting access to an interior portion the electrical box (60 & 2) in the open position (“open position” shown in figure 5b), the cover (30) including an opening (see opening that accommodates electrical device 4).
Bonino fails to teach an insert positioned in the opening and supported for movement relative to the cover in a direction oriented perpendicular to the pivot axis, the insert having a first cavity configured to receive a first electrical device and a second cavity configured to receive a second electrical device; and a latch for selectively securing the cover against movement relative to the base member, wherein the latch is rotatable between a latched position and an unlatched position, and, when the latch is in the latched position, the latch engages the fastener to secure the cover against movement relative to the base member.
Korcz teaches an insert (figs. 11-13, 220 [paragraph 0105] Korcz states, “movable ring 220”) positioned in the opening (see opening in cover 218 that accommodates movable ring 220) and supported for movement relative to a cover/plate member (218 [paragraph 0099] Korcz states, “Base 218 includes junction box connecting portion 224, support connecting portion 226, and stationary ring 228”) in a direction (vertical direction) oriented perpendicular to the pivot axis (through adjustment screw 222 [paragraph 0106] Korcz states, “rotation of indexing screw 222 in a second, opposite direction causes shoulder 252 to act on movable ring 220 to move the movable ring with respect to stationary ring 228 towards the second or extended position”), the insert (220) having a first cavity (left cavity within insert 220 [paragraph 0105] Korcz states, “in the illustrated embodiment where assembly 210 is configured for receipt of two electrical devices, includes opening 244, retention member 246, two recesses 248”) configured to receive a first electrical device (discussed in paragraph 0105 above) and a second cavity (right cavity within insert 220) configured to receive a second electrical device (discussed in paragraph 0105 above).
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention to modify the mud ring for supporting an electrical device with respect to an electrical box with a cover having an opening coupled to a base member for pivotal movement about a pivot axis as taught by Bonino with an insert positioned within an opening of a cover/plate member and moving relative thereto and having a first and second cavity with electrical devices therein as taught by Korcz because Korcz states, “assembly 10 is advantageously configured to allow the user to easily and repeatably locate junction box 14 on support 16 at a position that is within the allowable movement of movable ring 20 between its first and second positions…ensures proper and repeatable placement of the assembly on support 16” [paragraph 0091 & 0077].
Brumfield teaches a latch (fig. 10, 32 [column 3 line 9] Brumfield states, “retainer plate 32”) for selectively securing the cover (18) against movement relative to the base member (14), wherein the latch (32) is rotatable (see movement between figures 10 and 12 with rotation axis at lower post 30) between a latched position (figure 12 shows a “latched position”) and an unlatched position (figure 10 shows an “unlatched position”), and, when the latch (32) is in the latched position (fig. 12), the latch (32) engages the fastener (top post 30 [column 3 lines 53-56] Brumfield states, “the upper post 30 engages one edge of slot 34 to form one limit position for the plate 32”) to secure the cover (18) against movement relative to the base member (14; see claimed structure shown in in figure 12).
It would have been obvious to a person having ordinary skill in the art before the
effective filling date of the claimed invention to modify the mud ring for supporting an
electrical device with respect to an electrical box having a cover, base member, and
insert as taught by Bonino in view of Korcz with the latch that secures the cover to the
base member wherein the latch is rotatable and engages a fastener to secure the cover
against movement relative to the base member as taught by Brumfield because Brumfield states, "an improved panelboard door lock assembly" [column 4 lines 52-53].
This latching structure will lock the cover to the base member and prevent unintentional
pivoting between the cover and the base member.
Regarding claim 12 - Bonino in view of Korcz and Brumfield teach the mud ring of claim
11, wherein the latch (Brumfield; fig. 10 & 12, 32) includes an arm (see arm that is part
of latch 32 between the two posts 30) pivotally ([column 3 lines 19-23] Brumfield states,
"Passage 34 of plate 32 comprises a slot receiving the respective post 30 to enable
limited pivotable movement of the retainer plate 32 about the axis of passages 36 and
38") supporting on the cover (18) and a slot (34) for receiving the fastener (30).
Regarding claim 13 - Bonino in view of Korcz and Brumfield teach the mud ring of claim
11, wherein the base member (Bonino; fig. 5b, 20) is configured to extend along a
portion of a perimeter of the electrical box (60 & 2), a first portion (left top portion) of the base member (20) secured to one corner (with a screw as quoted below) of the electrical box (60 & 2) and a second portion (right bottom portion) of the base member (20) positioned adjacent an opposite corner of the electrical box ([column 3 lines 63-67] Bonino states, "It is generally preferred that the box mounting plate 20 include four mounting slots 24, each positioned adjacent to an associated corner to facilitating mounting the box mounting plate 20 to the electrical box 2 using standard screws").
Regarding claim 14 - Bonino in view of Korcz and Brumfield teach the mud ring of claim
11, wherein the base member (Bonino; fig. 5b, 20) is configured to be coupled to the
electrical box (60 & 2) by a plurality of fasteners ([column 3 lines 63-67] Bonino states, "It is generally preferred that the box mounting plate 20 include four mounting slots 24, each positioned adjacent to an associated corner to facilitating mounting the box mounting plate 20 to the electrical box 2 using standard screws"), wherein the plurality of fasteners may engage the base member (20) in a plurality of configurations (the base
member 20 is capable of being rotated 180 degrees and secured to the electrical box 2
having the hinge on the opposite side and is considered a second configuration).
Regarding claim 15 - Bonino in view of Korcz and Brumfield teach the mud ring of claim
11, wherein the base member (Bonino; figs. 4 & 5b, 20) has a profile that extends
around fastener mounting portions (screw locations within the electrical box) of the
electrical box (60 & 2).
Regarding claim 17 - Bonino in view of Korcz and Brumfield teach the mud ring of claim
11, further comprising an actuator (Korcz; figs. 11-13, 222 [paragraph 0106] Korcz states, “rotation of indexing screw 222 in a second, opposite direction causes shoulder 252 to act on movable ring 220 to move the movable ring with respect to stationary ring 228 towards the second or extended position”) coupled between the insert (220) and the cover (218) for driving the insert (220) to move relative to the cover (218; claimed structure shown in figures 11-13), the actuator (222) extending through a partition (middle area of the insert 220 having threaded openings 240 thereat) in the insert (220) positioned between the first cavity and the second cavity (figure 13 shows the actuator 222 being between the first and second cavities).
Regarding claim 18 - Bonino in view of Korcz teach the mud ring of claim
17, wherein the actuator (Korcz; figs. 11-13, 222 [paragraph 0106] Korcz states, "rotation of indexing screw 222 in a second, opposite direction causes shoulder 252 to act on movable ring 220 to move the movable ring with respect to stationary ring 228 towards the second or extended position") includes a threaded fastener (screw 222 is a threaded fastener) supported for free rotation relative to one of the insert (220) and the cover (218), rotation of the threaded fastener (screw 22) causing the insert (220) to translate relative to the cover (218) in a direction normal to a plane of the cover (218; figures 11-13 show the insert 220 extending vertically and appears to meet the claimed limitation).
Regarding claim 19 – Bonino in view of Korcz teach the mud ring of claim 17, wherein the actuator (Korcz; figs. 11-13, 222) is a first actuator (lower actuator 222) positioned adjacent a lower edge of the insert (220; claimed structure shown in figure 11).
Regarding claim 20 – Bonino in view of Korcz teach the mud ring of claim 19, further comprising a second actuator (Korcz; figs. 11-13, upper actuator 222) positioned adjacent an upper edge of the insert (220; claimed structure shown in figure 11).
Claim(s) 6-7 and is/are rejected under 35 U.S.C. 103 as being unpatentable over
Bonino in view of Korcz et al. as applied to claim 1 above, and further in view of Gross (US Patent 9806507).
Regarding claim 6 - Bonino in view of Korcz teach the mud ring of claim 1, but fails to teach wherein the base member has a substantially L-shaped profile.
Gross teaches a base member (fig. 2, 14 [column 5 line 23] Gross states,
"electrical box extender 14") wherein the base member (14) has a substantially L-
shaped profile (figure 2 shows two L-shaped base members 32 & 34).
It would have been obvious to a person having ordinary skill in the art before the
effective filling date of the claimed invention to modify the mud ring having a hinged
cover and base member as taught by Bonino in view of Korcz with the
base member having a substantially L-shaped profile as taught by Gross because
Gross states, "An electrical box extender in accordance with certain exemplary
embodiments of the present disclosure may allow for easier and more efficient
attachment to an underlying electrical box as the first half may be interchangeable with
the second half, a user of an electrical box extender in accordance with aspects of the
present disclosure (such as an electrician) may interchange components from different
sets of electrical box extenders in the field" [column 7 lines 32-35 & 48-52].
Additionally see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The
court held that the configuration of the claimed disposable plastic nursing container was
a matter of choice which a person of ordinary skill in the art would have found obvious
absent persuasive evidence that the particular configuration of the claimed container
was significant.). Please note that in the instant application, paragraph 0053, applicant
has not disclosed any criticality for the claimed limitations.
Regarding claim 7 - Bonino in view of Korcz teach the mud ring of claim 1,
but fails to teach wherein the base member has a substantially C-shaped profile.
Gross teaches a base member (fig. 6, 14 [column 5 line 23] Gross states,
"electrical box extender 14") wherein the base member (14) has a substantially C-
shaped profile (figure 6 shows two C-shaped base members 32 & 34).
It would have been obvious to a person having ordinary skill in the art before the
effective filling date of the claimed invention to modify the mud ring having a hinged
cover and base member as taught by Bonino in view of Korcz with the
base member having a substantially L-shaped profile as taught by Gross because
Gross states, "An electrical box extender in accordance with certain exemplary
embodiments of the present disclosure may allow for easier and more efficient
attachment to an underlying electrical box as the first half may be interchangeable with
the second half, a user of an electrical box extender in accordance with aspects of the
present disclosure (such as an electrician) may interchange components from different
sets of electrical box extenders in the field" [column 7 lines 32-35 & 48-52].
Additionally see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The
court held that the configuration of the claimed disposable plastic nursing container was
a matter of choice which a person of ordinary skill in the art would have found obvious
absent persuasive evidence that the particular configuration of the claimed container
was significant.). Please note that in the instant application, paragraph 0063, applicant
has not disclosed any criticality for the claimed limitations.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bonino in view of Korcz et al. and Brumfield, Jr. et al. as applied to claim 11 above, and further in view of Gross.
Regarding claim 16 - Bonino in view of Korcz and Brumfield teach the mud ring of claim 11, but fail to teach wherein the base member has a substantially L-shaped profile.
Gross teaches a base member (fig. 2, 14 [column 5 line 23] Gross states,
"electrical box extender 14") wherein the base member (14) has a substantially L-
shaped profile (figure 2 shows two L-shaped base members 32 & 34).
It would have been obvious to a person having ordinary skill in the art before the
effective filling date of the claimed invention to modify the mud ring having a hinged
cover and base member as taught by Bonino in view of Korcz and Brumfield with the
base member having a substantially L-shaped profile as taught by Gross because
Gross states, "An electrical box extender in accordance with certain exemplary
embodiments of the present disclosure may allow for easier and more efficient
attachment to an underlying electrical box as the first half may be interchangeable with
the second half, a user of an electrical box extender in accordance with aspects of the
present disclosure (such as an electrician) may interchange components from different
sets of electrical box extenders in the field" [column 7 lines 32-35 & 48-52].
Additionally see In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The
court held that the configuration of the claimed disposable plastic nursing container was
a matter of choice which a person of ordinary skill in the art would have found obvious
absent persuasive evidence that the particular configuration of the claimed container
was significant.). Please note that in the instant application, paragraph 0053, applicant
has not disclosed any criticality for the claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Johnson et al. (US PG. Pub. 2008/0156513) discloses an electrical box mounting plate with adjustable ring.
Korcz et al. (US PG. Pub. 2013/0319715) discloses an electrical box with multi-directional partition plate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN T SAWYER whose telephone number is (571)270-5469. The examiner can normally be reached M-F 8:30 am - 5pm.
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/STEVEN T SAWYER/Primary Examiner, Art Unit 2847