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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 37-38 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 37 recites the limitation "the first connector" in Line 6. There is insufficient antecedent basis for this limitation in the claim.
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 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crowley US 2004/0178309 (hereinafter Crowley).
Re. Cl. 25, Crowley discloses: A mounting assembly (Fig. 2) comprising: a track (12a, Fig. 2) comprising: an elongate body (see 12a, Fig. 2) having a longitudinal axis (vertical axis through 12a, Fig. 2), a slot defined in the elongate body (18, Fig. 2) and extending longitudinally (see Fig. 2); a fixing assembly (14a, Fig. 2) selectively connectable and disconnectable from the track in a direction perpendicular to the longitudinal axis (see Fig. 2, using 26, 28, 106 and 136), and wherein when connected to the track, the fixing assembly is moveable longitudinally in the slot (see Fig. 3, when 26, 28 are pulled away from 12a), the fixing assembly comprising: an outer member (36, Fig. 2); a positioning member operatively connected to the outer member (26 and 106, Fig. 2), the positioning member being at least partially receivable in the slot and being engageable to the elongate body for longitudinally fixing the fixing assembly relative to the track (see Fig. 2-3 and Paragraph 0029, Lines 16-18); a retaining member (28, Fig. 2-3) selectively laterally extendable from the positioning member (see Fig. 2-4), 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. 2-3 and Paragraph 0029, Lines 18-20), and a release position in which the fixing assembly can be disconnected from the track (see Fig. 2-3, when 28 is released or removed from the track enabling 14a to be removed from the track).
Re. Cl. 26, Crowley discloses: the retaining member comprises a pair of arms (see annotated figure 5) 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. 2-4, the arms would be located within 18 and prevent removal of 14a from the track due to being spread outwardly wider than 20, 22), 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. 2-4, the arms would then be rotated via the cam 138 to be retracted or not spread laterally so that they can pass through 20, 22 to enable 14a to be removed from 12a).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Crowley in view of Beal US 2940718 (hereinafter Beal).
Re. Cls. 37-38, Crowley 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 Crowley 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. Crowley discloses that the members (26) prevent vertical movement of the device by engaging with connectors (22) along the track. By modifying Crowley 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 39-45, 49-50 and 54-55 are allowable over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter: the specific limitations of “a contracted position, in which the distal portion is received in the slot, the distal portion is disengaged from the elongate body of the track for permitting longitudinal movement of the fixing assembly relative to the track” in the combination of claim 39 is not anticipated or rendered obvious by the prior art of record. It is the Examiner’s position that Crowley is the closest known prior art reference and does not disclose this feature. Further, other known prior art references, cited below for instance, while relevant to Applicant’s disclosure do not anticipate these limitations or render them obvious.
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.
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