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 .
Amendment filed 4/2/2026 has been entered. Claims 25-28, 32-33, 35, 37-40, 42-45, 49-50, and 54-56 remain pending in the present application.
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.
Claims 25-26, and 54-56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moulin US 20200180517 (hereinafter Moulin).
Re. Cl. 25, Moulin discloses: A mounting assembly (20, Fig. 1-2) comprising: a track (Fig. 2) comprising: an elongate body (see Fig. 2, 32, 34) having a longitudinal axis (see Fig. 2, into the page in the x-direction), a slot (36s, Fig. 2) defined in the elongate body and extending longitudinally (see Fig. 2); a fixing assembly (Fig. 1) selectively connectable and disconnectable from the track in a direction perpendicular to the longitudinal axis (see Fig. 6a-b, disconnectable about the z-direction), and wherein when connected to the track, the fixing assembly is moveable longitudinally in the slot (see Fig. 6a, when positioned as such, the member 50 is longitudinally adjustable relative to the track), the fixing assembly comprising: an outer member (70a, b, c, d, Fig. 1); a positioning member (62, 66, Fig. 1) operatively connected to the outer member (see Fig. 1), the positioning member being at least partially receivable in the slot (see Fig. 6a-b) and being engageable to the elongate body for longitudinally fixing the fixing assembly relative to the track (see Fig. 6b); a retaining member (60, 64, Fig. 1) selectively laterally extendable from the positioning member (see Fig. 6a to 6b), the retaining member being movable between: a retaining position in which, when the positioning member is at least partially received in the slot, the retaining member engages with the track to retain connection between the fixing assembly and the track (see Fig. 6b), and a release position in which the fixing assembly is disconnectable from the track in a direction perpendicular to the longitudinal axis at any point along the longitudinal axis (see Fig. 6a).
Re. Cl. 26, Moulin discloses: the retaining member comprises a pair of arms (60, 64. Fig. 1) such that, when the positioning member is at least partially received in the slot: in the retaining position, each arm of the pair of arms extends laterally outwardly from the positioning member and delimits movement of the fixing assembly perpendicularly away from the longitudinal axis of the track to retain the connection between the fixing assembly and the track (see Fig. 6b), and in the release position, each arm of the pair of arms is retracted towards the positioning member to permit movement of the fixing assembly perpendicularly away from the longitudinal axis of the track to disconnect the positioning member from the track (see Fig. 6a).
Re. Cl. 54, Moulin discloses: the fixing assembly is moveable longitudinally in the slot when the fixing assembly is in an unlocked connected mode (see Fig. 6a), and the fixing assembly is lockable in the slot when the fixing assembly is in a locked connected mode (see Fig. 6b).
Re. Cl. 55, Moulin discloses: a distal portion of the positioning member is receivable in the slot (see Fig. 6a-b, distal portion of 62, 66); and the positioning member, is moveable relative to the outer member (see Fig. 6a-b, positioning member 62, 66 is movable relative to portions 70a, c of the outer member), between: an extended position, in the locked connected mode, in which the distal portion is engaged with the elongate body of the track when the distal portion of the positioning member is received in the slot for longitudinally fixing the fixing assembly relative to the track (see Fig. 6b), and a contracted position, in the unlocked connected mode, in which the distal portion is disengaged with the elongate body of the track when the distal portion of the positioning member is received in the slot (see Fig. 6a).
Re. Cl. 56, Moulin discloses: A mounting assembly (20, Fig. 1-2) comprising: a track (Fig. 2) comprising: an elongate body (32, 34, Fig. 2) having a longitudinal axis (axis extending into the page along the x-direction), a slot defined in the elongate body and extending longitudinally (see Fig. 2, 36s); a fixing assembly (Fig. 1) connectable to the track (see Fig. 6a-b), and the fixing assembly comprising: an outer member (70c, Fig. 1) including an actuator (160, Fig. 1); a positioning member (60, 64 Fig. 1) operatively connected to the outer member receivable in the slot (see Fig. 6a-b), and wherein the positioning member is movable, relative to the outer member (see Fig. 6a-b), between: a first position, in which when the positioning member is received in the slot, the positioning member engages the elongate body of the track for longitudinally fixing the fixing assembly relative to the track (see Fig. 6b), and a second position, in which when the positioning member is received in the slot, the positioning member is disengaged from the elongate body of the track for permitting longitudinal movement of the fixing assembly relative to the track (see Fig. 6a), wherein the actuator is moveably connected to the positioning member (see Fig. 1 and 6a-b, when moving the actuator 160, the positioning member 60, 64 likewise moves as shown), the actuator being selectively moveable between: an actuated position to move the positioning member to the second position (see Fig. 6b), and a non-actuated position in which the positioning member is in the first position (see Fig. 6a).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Moulin in view of Beal US 2940718 (hereinafter Beal).
Re. Cls. 37-38, Beal does not disclose the slot is a first slot on a first side of the elongate body; the elongate body has a second side opposite to the first side, the second side defining a second slot extending longitudinally along the second side, the second slot having a plurality of third connectors spaced from one another along the second side, the third connectors being configured to connect to the first connector, and the fixing assembly is selectively connectable to the track at either one of the first and second sides (Cl. 37) or the elongate body further has: a third side defining a third slot extending longitudinally along the third side, the third slot having a plurality of fourth connectors spaced from one another along the third side, the fourth connectors being configured to connect to the first connector; a fourth side opposite to the third side, the fourth side defining a fourth slot extending longitudinally along the fourth side, the fourth slot having a plurality of fifth connectors spaced from one another along the fourth side, the fifth connectors being configured to connect to the first connector, and the fixing assembly is selectively connectable to the track at either one of the first, second, third and fourth sides (Cl. 38). Beal discloses a mounting assembly (Fig. 1) which includes a track (created by 13s, Fig. 3) having a slot (11, Fig. 3). Re. Cl. 37, Beal discloses the slot is a first slot on a first side of the elongate body (see Fig. 3); the elongate body has a second side opposite to the first side (see Fig. 3), the second side defining a second slot extending longitudinally along the second side (11, opposite the 11 identified in Fig. 3), and the fixing assembly is selectively connectable to the track at either one of the first and second sides (see Fig. 1 and 3, the fixing assembly 20, 21 and 32 is capable of being used on any of the slots 11). Re. Cl. 38, Beal discloses the elongate body further has: a third side defining a third slot extending longitudinally along the third side (see third 11, Fig. 3), a fourth side opposite to the third side, the fourth side defining a fourth slot extending longitudinally along the fourth side (see Fig. 3, fourth 11), and the fixing assembly is selectively connectable to the track at either one of the first, second, third and fourth sides (see Fig. 3, the fixing assembly could be adjusted to any of the four slots since they are identical).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongate body of Moulin to include four identical sides as disclosed by Beal with reasonable expectation of success since Beal states that such a modification enables the bracket to be attached at numerous points about the perimeter of the post (Col. 1, Lines 34-36).
Re. Cls. 37-38, specifically regarding the limitations “the second slot having a plurality of third connectors spaced from one another along the second side, the third connectors being configured to connect to the first connector, the third slot having a plurality of fourth connectors spaced from one another along the third side, the fourth connectors being configured to connect to the first connector; the fourth slot having a plurality of fifth connectors spaced from one another along the fourth side, the fifth connectors being configured to connect to the first connector,” it is the Examiner’s position that the proposed combination would disclose these limitations. Moulin discloses that the members (60, 62, 64 and 66) prevent vertical movement of the device by engaging with connectors (walls 36) along the track. By modifying Moulin to have its track duplicated three other times to total four tracks as disclosed by Beal and discussed above would produce an elongate body with four identical tracks about the perimeter of the elongate body. This would result in the various sides having connectors which would function to connect with connectors on the fixing assembly as required by the claims.
Allowable Subject Matter
Claims 27-28, 32-33, and 35 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.
Claims 39-40, 42-45, 49-50 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 25 and 56 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Westbrook US 4516751, Pfister US 6119317, Petrick US 7703737, Ho US 2021/0278029, and Gwag US 9125502 disclose other known mounting assemblies presented to the Applicant for their consideration.
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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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