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 .
Response to Amendment
Claims 3-5, 7, 10, 12-13, 15-18, 20, 22-23 and 25 are amended. Claims 6, 9, 11, 19, 21 and 24 are cancelled. Claim 26 is new.
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 3 is 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 3 recites, “wherein the releaser is push-to-disengage and release-to-engage.” However, it is unclear what is meant by “release-to-engage.” The phrase appears to be contradictory. Thus the scope of the claim is unclear and will be rejected as best understood.
Claim 18 recites, “a release shuttle provides the releaser and the fastener” which is vague and indefinite. How does a release shuttle “provide” the releaser and fastener? The scope of the claim is unclear.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-5, 10, 12-18, 20, 23 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,520,113 to Thompson.
Regarding claim 1, Thompson ‘113 discloses a holding assembly 31/11 (fig. 4) comprising: a fastener 36 configured to engage a suspender 14; a receptacle 11 to which the fastener 36 is mounted and defining a space to receive an article 17 (via clamp 19) to be held; and a releaser 37 operable to control an engagement of the fastener 36 with the suspender 14 to enable the holding assembly 31/11 (fig. 4) to be positioned along the suspender 14 (fig. 14 – col. 6, lines 55-57).
Regarding claim 2, Thompson ‘113 discloses, wherein the releaser 37 is a hand- operable actuator.
Regarding claim 3, Thompson ‘113 discloses, wherein the releaser 37 is push-to-disengage and release-to-engage, as best understood.
Regarding claim 4, Thompson ‘113 discloses, wherein the receptable 11 is substantially U-shaped (fig. 11).
Regarding claim 5, Thompson ‘113 discloses, wherein the space defined by the receptacle 11 is sized to support the article 17 (via clamp 19) wherein the article 17 is an elongate article at least two inches in diameter (fig. 4 – via clamp 19).
Regarding claim 10, Thompson ‘113 discloses, wherein the receptacle 11 comprises a suspender channel (fig. 4, 5, 11 – col. 5, lines 49-53).
Regarding claim 12, Thompson ‘113 discloses, wherein the receptacle 11 comprises a first upright limb and a second upright limb (fig. 11 – noting that upright is a relative term), and wherein the first upright limb of the receptacle 11 comprises the suspender channel (fig. 11), enabling the suspender 11 to extend along and inside the first upright limb (figs. 4 and 11 - along defined as “in a line matching the direction of”).
Regarding claim 13, Thompson ‘113 discloses, wherein the fastener 36 is positioned along the suspender channel (fig. 4 and 11 – along defined as “in a line matching the direction of”).
Regarding claim 14, Thompson ‘113 discloses, wherein the releaser 37 is operable to move the fastener 36 into and out of the suspender channel to control the engagement of the fastener 36 with the suspender 14 (fig. 4, 11 and 14 - col. 5, lines 49-53).
Regarding claim 15, Thompson ‘113 discloses, wherein in use, the suspender 14 passes between the releaser 37and the fastener 36 (suspender 14 is between releaser 37 and back wall 55 of the fastener 36 – fig. 14).
Regarding claim 16, Thompson ‘113 discloses, wherein the releaser 37 is to an exterior side of the receptacle 11 whereas the space for receiving the article 17 (via clamp 19) is to an interior side of the receptacle 11 (fig. 4).
Regarding claim 17, Thompson ‘113 discloses, comprising a spring 51 to urge the releaser 37 to a position at which the fastener 36 is engaged with the suspender 14 (col. 6, lines 48-57).
Regarding claim 18, Thompson ‘113 discloses, wherein the releaser 37 is directly connected to the fastener 36, and wherein a release shuttle 34 provides the releaser and the fastener (fig. 14), as best understood.
Regarding claim 20, Thompson ‘113 discloses suspension arrangement comprising the holding assembly 31/11 and the suspender 14 on which the holding assembly 31/11 is suspendable (fig. 4 – col. 1, lines 29-36).
Regarding claim 23, Thompson ‘113 discloses, wherein the suspender 14 and the holding assembly 31/11 are each shaped to enable the holding assembly to be attached to the suspender 14 regardless of whether the holding assembly 31/11 is facing a first direction or a second opposite direction (there is a holding assembly on each side to support a suspender in a first direction (left) and a second direction (right).
Regarding claim 25, Thompson ‘113 discloses system comprising the suspension arrangement (fig. 4) and a variable refrigerant flow pipe 17 carried by the holding assembly 31/11 (col. 1, lines 25-28 – fig. 4).
Claim(s) 1, 7-8, 20, 22 and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0189026 to Bourgeois.
Regarding claim 1, Bourgeois ‘026 discloses a holding assembly comprising: a fastener 16 configured to engage a suspender 6; a receptacle 12 to which the fastener 16 is mounted and defining a space 18 to receive an article 2 to be held (fig. 1); and a releaser 20/22 operable to control an engagement of the fastener 16 with the suspender 6 to enable the holding assembly to be positioned along the suspender 6.
Regarding claim 7, Bourgeois ‘026 discloses, comprising a gate 14 to allow the article 2 to be received in the space defined by the receptacle 12 (figs 1-2).
Regarding claim 8, Bourgeois ‘026 discloses, wherein the gate 14 is pivotally connected to the receptacle 12 (figs 3-5 and 11).
Regarding claim 20, Bourgeois ‘026 discloses suspension arrangement comprising the holding assembly 10 and the suspender 6 on which the holding assembly 10 is suspendable (fig 1).
Regarding claim 22, Bourgeois ‘026 discloses, wherein the suspender 6 defines at least one hole to which the fastener 16 is engageable (hole created by the notch that bites the suspender - para 0024 – “… edges of the notch openings to bite into and grip the supporting wire or rod member).
Regarding claim 26, Bourgeois ‘026 discloses, wherein the releaser 20/22 is a hand-operable actuator, wherein the receptacle 12 comprises a first upright limb 30a and a second upright limb 30b, and wherein the fastener 16 is located at the first upright limb 30a of the receptacle 12 such that in use the receptacle 12 protrudes from the suspender in a cantilevered manner (figs 1, 2 and 8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office action rejections, as applicable.
The list of supports is as follows: US-20030102412-A1 OR US-8272615-B2 OR US-9377134-B2 OR US-6325338-B1 OR US-5791607-A OR US-20230291192-A1 OR US-20190376544-A1 OR US-20100224738-A1 OR US-3517901-A OR US-3506227-A OR US-3199815-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MONICA E MILLNER/Primary Examiner, Art Unit 3632
Prosecution Insights