DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Claims 1-15 in the reply filed on 04/17/2026 is acknowledged.
Claims 16-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected methodology, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/17/2026.
However, the applicant also elected Species 1, shown in Figure 3 that shows only three decorative cover members attached to the mounting track. Claims 9-14 are directed to unelected embodiments with external devices from unelected Species II and Species III. Therefore, claims 9-14 are withdrawn by the examiner from consideration. Claims 9-14 and 16-19 are withdrawn.
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)(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) 1- 8 and 15, is/are rejected under 35 U.S.C. 102(a2) as being anticipated by Qi (CN 202370197).
In re Claim 1 and 2, Qi teaches an adjustable mounting system. the adjustable mounting system comprising: a mounting track (20) positioned along a longitudinal axis (into the page) and structured to be coupled to the physical structure. The mounting track having a pair of rails (71,72) extending a distance along the longitudinal axis; and a number of decorative covers (30,41,42) structured to be selectively coupled to the mounting track. (Figure 1)
The limitation “for selectively coupling at least an external device or arrangement to a structure” and “to have an external device or arrangement adjustably coupled thereto” are functional language directed to the intended use of the product and is afforded limited use in a product claim. Also, the mounting rack is capable of having an external device or arrangement adjustably coupled thereto at any location along the distance, however these have not been positively claimed.
In re Claim 3-6, Qi teaches that the number of decorative covers comprises a plurality of decorative covers (30,41,42). One decorative cover (30) of the plurality of decorative covers is selectively coupled to the pair of rails (71,72). A second decorative cover (41) of the plurality of decorative covers is coupled to the mounting track (20) along a first edge of the one decorative cover. A third decorative cover (42) of the plurality of decorative covers is coupled to the mounting track (20) along a second edge of the one decorative cover opposite the first edge. The second decorative cover and the third decorative cover are selectively coupled to the mounting track. Selective means that it was intentional chosen and as they are shaped to fit to the mounting track they are selectively chosen. The second decorative cover and the third decorative cover are permanently coupled to the mounting track in that they will remain there as long as they are not removed. (Figure 1)
In re Claim 7, Qi has been previously discussed. The claim decorative covers (are structured to resemble one of door trim, window trim, baseboard, or crown molding. Resembles in which way? This is a broad statement. Decorative cover (30) is flat and resembles basic trim/molding around many doors, windows, and wall crown or baseboards The same could be said for covers (41,42). (Figure 1)
In re Claim 8, Qi has been previously discussed. The term arrangement is very broad and can mean anything, item, or items that are placed in a position. Support blocks (61,62) and clamping plates (51,52) are deliberately positioned parts and may be thought of as an arrangement. (Figure 1)
In re Claim 15, Qi teaches that the number of decorative covers (30,41,42) form a decorative cover arrangement that is structured to conceal the mounting track (20) when the mounting track is mounted to the physical structure and the number of decorative covers are coupled to the mounting track. (Figure 1)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571) 272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM G BARLOW/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633
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