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 .
The elected invention is the invention of Group I drawn to a connector, and the elected species is the species of Group 2 represented by Figs 2-5. Claims 21 and 24-33 remain withdrawn from further consideration as being drawn to a non-elected invention or species. Claims 16-20 and 22-23 as amended in applicant’s latest reply and new claim 34 filed in the reply are treated on their merits herein.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16-20, 22-23 and 34 is/are finally rejected under 35 U.S.C. 102(a)(1) as being anticipated by Valane (2,191,782) already of record. The claimed connector reads on the bracket 12 of Valane, as can be appreciated by a comparison of elected Figs 2-5 of the subject application with Figs. 1 and 2 of Valane. Thus, the Valane connector (bracket 12) has all of the structural features of the claims and it is capable of all of the claimed functions such as those set out in the claim 16 preamble. Accordingly, the claimed body can be the body of bracket 12. The claimed first connecting portion can be the portion of the Valane body comprising top and bottom arms 12a and the claimed second connecting portion can be the portion of the Valane body comprising the arms 12c. Therefore, the claimed first fastening bracket can be one of the top and bottom arms 12a and the claimed second fastening bracket can be the other of the top and bottom arms 12a. The claimed base portion can be narrow strip of material 12b. Given the commentary above, it is believed to be apparent how Valane meets the claim limitations not specifically discussed herein.
Applicant’s arguments with respect to claim(s) 16-20, 22-23 and 34 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.
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 JACOB K ACKUN whose telephone number is (571)272-4418. The examiner can normally be reached Monday-Thursday 11am-7pm.
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, Orlando E. Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB K ACKUN/Primary Examiner, Art Unit 3736
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