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 § 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.
Claims 1-12, 14-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haering (US 8336247).
Re Clm 1: Haering discloses (fig 12) a mount comprising: a first leg (4) defining a first portion of a mount body; a second leg (1) defining a second portion of the mount body; and a spring (34a/b) comprising a first spring end opposite a second spring end (see ends at respective legs), wherein the first spring end is coupled to the first leg and the second spring end is coupled to the second leg (see fig 12), and wherein the spring is configured to provide a force pulling the first leg towards the second leg (Examiner notes that moving the legs away from each other would create a spring force to pull the legs towards each other).
Re Clm 2: Haering discloses wherein the first leg comprises an elongated end (19b, fig 7) and a shoe end (opposite end from elongated end), and wherein the elongated end is configured to contact the second leg (fig 11).
Re Clm 3: Haering discloses wherein the second leg (1) comprises a connecting end (with recess 46) and a shoe end (opposite end from connecting end), and wherein the connecting end is configured to contact the first leg (see fig 11).
Re Clm 4: Haering discloses wherein the first leg comprises an elongated end and a first leg shoe end, and wherein the second leg comprises a connecting end and a second leg shoe end (as noted in claims 2 and 3 above).
Re Clm 5: Haering discloses wherein the elongated end is configured to contact the connecting end (fig 11).
Re Clm 6: Haering discloses wherein the first leg shoe end is separated from the second leg shoe end (opposite outside ends are separated).
Re Clm 7: Haering discloses wherein the first spring end is coupled to the first leg at a first location between the elongated end and the first leg shoe end, and wherein the second spring end is coupled to the second leg at a second location between the connecting end and the second leg shoe end (see figs 12 and 13).
Re Clm 8: Haering discloses wherein in a first operating position the first leg is in contact with the second leg (fig 11), and wherein in a second operating position the first leg is separated from the second leg (fig 12).
Re Clm 9: Haering discloses a cross-member (7) comprising a first cross-member end (end away from head) opposite a second cross-member end (head end), wherein the first cross-member end is coupled to the first leg and the second cross-member end is coupled to the second leg.
Re Clm 10: Haering discloses wherein the cross-member is slidably coupled to at least one of the first leg or the second leg (slides inside of first leg).
Re Clm 11: Haering discloses a mount comprising: a first leg (1) defining a first portion of a mount body, wherein the first leg comprises a first side recess (46); a second leg (4) defining a second portion of the mount body, wherein the second leg comprises a first arm (19b) configured to interlock with the first side recess; and a spring (34a/b) coupled to the first leg and the second leg, wherein the spring is configured to provide a force pulling the first leg towards the second leg (Examiner notes that moving the legs away from each other would create a spring force to pull the legs towards each other).
Re Clm 12: Haering discloses wherein the first side recess comprises a first side channel (46 is a channel from front to back) and a first side stop (acute angled bottom of channel), wherein the first side channel is configured to receive the first arm (19b), and wherein the first side stop is configured to contact and control movement of the first arm (as connected, see fig 11).
Re Clm 14: Haering discloses wherein the first leg comprises an elongated end and a first leg shoe end, wherein the second leg comprises a connecting end and a second leg shoe end, wherein the first side recess is defined on the elongated end, and wherein the first arm is defined on the connecting end.
Re Clm 15: Haering discloses wherein the first leg shoe end is separated from the second leg shoe end (opposite outside ends of elements 1 and 4 are separated).
Re Clm 16: Haering discloses wherein the spring is disposed beneath the elongated end and the connecting end (see figs 11 and 12).
Re Clm 17: Haering discloses wherein the spring is coupled to the first leg at a first location between the elongated end and the first leg shoe end, and wherein the spring is coupled to the second leg at a second location between the connecting end and the second leg shoe end (see figs 12 and 13).
Re Clm 19: Haering discloses a cross-member coupled to the first leg and the second leg, wherein the cross-member is inward from the spring (see fig 12).
Re Clm 20: Haering discloses a grip surface (any surface constitutes a grip surface, for example surfaces of bolts 16a/b) coupled to a top surface of at least one of the first leg or the second leg.
Allowable Subject Matter
Claims 13 and 18 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. The following is a statement of reasons for the indication of allowable subject matter:
Re Clm 13: the prior art fails to disclose or otherwise be combinable to suggest wherein the first arm comprises a first arm channel and a first arm protrusion, wherein the first arm channel is configured to receive a portion of the first leg, and wherein the first arm protrusion is configured to be inserted within the first side recess.
Re Clm 18: the prior art fails to disclose or otherwise be combinable to suggest wherein in a first operating position the first leg is in contact with the second leg, and wherein in a second operating position the first leg is extended from the second leg while the first arm remains interlocked with the first side recess.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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