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 5/11/2026 has been entered. Claims 1-5 and 7-19 remain pending in the present application.
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.
Claim(s) 1-5 and 7-19 are rejected under 35 U.S.C. 103 as being unpatentable over Heath US 6273372 (hereinafter Heath) in view of Heath US 2015/0252915 (hereinafter Heath 915).
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Re. Cl. 1, Heath discloses: A method (Fig. 4a-5) of attaching a brace member (76, Fig. 4a) to a mounting bracket (22, Fig. 4a-5), the method comprising; providing a fitting (12’ Fig. 5) comprising a fitting body (see 12’ Fig. 5), a first jaw (20’ Fig. 5), and a second jaw (18’ Fig. 5), the fitting body defining a top contact surface (see annotated figure 5 “upper contact surface” or the middle third of the annotated vertical contact surface between jaws 20’ and 18’); the fitting body further defines a left contact surface (see Fig. 5, left third of the vertical surface between jaws 20’ and 18’) and a right contact surface (see Fig. 5, right third of the vertical surface between jaws 20’ and 18’), the second jaw disposed laterally between the left contact surface and the right contact surface (see Fig. 5, the jaw 18’ has a portion which is aligned with the “upper contact surface” as annotated above and thus is located between the right and left thirds (left and right contact surfaces) of the vertical surface between 18’ and 20’), abutting a top side of a peripheral edge of the brace member against the top contact surface (see Fig. 4a-b); abutting a left side of the peripheral edge of the brace member against the left contact surface and abutting a right side of the peripheral edge of the brace member against the right contact surface (see Fig. 4a-5, a portion of the brace member 76 would contact these surfaces); coupling the fitting to the brace member (see Fig. 4a-b); extending a fastener (24, 26, Fig. 5) through a lateral body opening of the fitting body (30’ Fig. 5), the lateral body opening oriented perpendicular to the first jaw and the second jaw (see Fig. 5); and attaching the fitting to the mounting bracket with the fastener (see Fig. 4a-5, attaching 12’ to 22 using 24, 26).
Re. Cl. 2, Heath discloses: abutting the top side of the peripheral edge of the brace member against the top contact surface (see Fig. 4a-b).
Re. Cl. 10, Heath discloses: coupling the fitting to the brace member comprises biasing the brace member against the second jaw (see Fig. 4a-b) with a second fastener (16, Fig. 4a-5).
Re. Cl. 11, Heath discloses: biasing the brace member against the second jaw with the second fastener comprises extending the second fastener through a bore (38’ Fig. 5) formed in the first jaw and engaging an outer surface of the brace member with the second fastener (see Fig. 4a-b).
Re. Cl. 12, Heath discloses: the bore is a threaded bore (see Fig. 5) and the second fastener is a set screw (see 16, Fig. 5) rotationally engaged with the threaded bore (see Fig. 5); a slot is defined between the first jaw and the second jaw (see Fig. 4a-b where 76 fits), the set screw extending into the slot; and extending the second fastener through the bore formed in the first jaw and engaging the outer surface of the brace member with the second fastener comprises rotating the set screw in a first direction relative to the first jaw to advance the set screw further into the slot to engage a portion of the brace member received in the slot (see Fig. 4a-b).
Re. Cl. 13, Heath discloses: attaching the fitting to the mounting bracket with the fastener comprises inserting the fastener through an opening of the mounting bracket (see 58 or 60, Fig. 5).
Re. Cl. 14, Heath discloses: at least one of the mounting bracket and the fitting is rotatable relative to the fastener (see Fig. 5, having 24, 26 would enable rotation of 12’ relative to 22 by having 24,26 loosened).
Re. Cl. 15, Heath discloses: the fastener comprises a bolt and a threaded nut (see 24, 26, Fig. 5), the bolt defining a threaded tail end extending through each of the lateral body opening of the fitting body and the opening of the mounting bracket, the threaded nut rotationally disposed on the threaded tail end of the bolt to secure the bolt to each of the fitting and the mounting bracket (see Fig. 5, 24 would extend through 58, 60 and 30’ to secure with 24).
Re. Cl. 16, Heath discloses: the mounting bracket comprises a first side wall (52, Fig. 5); the opening of the mounting bracket is a first opening formed through the first side wall (see 58, Fig. 5); the lateral body opening of the fitting body is laterally aligned with the first opening of the first side wall (see Fig. 4a-5); and attaching the fitting to the mounting bracket with the fastener comprises further receiving the fastener through the first opening of the first side wall (see Fig. 4a-5).
Re. Cl. 17, Heath discloses: The mounting bracket further comprises a second side wall parallel to the first side wall (54, Fig. 5); A second opening (60, Fig. 5) is formed through the second side wall; the fitting body is disposed laterally between the first side wall and the second side wall (see Fig. 5, shown by dashed assembly lines); the lateral body opening of the fitting body is further laterally aligned with the second opening of the second side wall (see Fig. 5, shown by dashed lines where 24 passes); and attaching the fitting to the mounting bracket with the fastener further comprises further receiving the fastener through the second opening of the second side wall (see Fig. 4a-5).
Re. Cl. 18, Heath discloses: the mounting bracket further comprises a mounting plate (56, Fig. 5) extending between the first side wall and the second side wall, and wherein the method further comprises attaching the mounting plate to a mounting structure to suspend the brace member from the mounting structure (see Fig. 4a-5, via 62).
Re. Cl. 19, Heath discloses: the mounting plate is perpendicular to each of the first side wall and the second side wall (see Fig. 5).
Re. Cls. 1-5 and 7, Heath does not disclose a bottom contact surface, the second jaw disposed between the top contact surface and the bottom contact surface and abutting a bottom side of the peripheral edge against the bottom contact surface (Cl. 1) abutting the bottom side of the peripheral edge against the bottom contact surface comprises inserting a portion of the brace member into a slot defined between the first jaw and the second jaw (Cl. 2), abutting the top side of the peripheral edge of the brace member against the top contact surface and abutting the bottom side of the peripheral edge against the bottom contact surface further comprising disposing the second jaw within a hollow interior of the brace member (Cl. 3), the top contact surface and the bottom contact surface are substantially coplanar (Cl. 4), the top contact surface and the bottom contact surface are oriented in a substantially vertical plane, and wherein the first jaw, the second jaw, and the lateral body opening are oriented horizontally (Cl. 5), or the left contact surface is joined with each of the top contact surface and the bottom contact surface, and the right contact surface is joined with each of the top contact surface and the bottom contact surface (Cl. 7). Heath 915 discloses an alternate fitting (Fig. 6a) which includes a first jaw (263), a second jaw (260), a top contact surface (266, Fig. 6b), a bottom contact surface (264, Fig. 6b), the second jaw disposed between the top contact surface and the bottom contact surface (see Fig. 6a-b), abutting a top side of a peripheral edge of the brace member against the top contact surface and abutting a bottom side of the peripheral edge against the bottom contact surface (Paragraph 0037, Lines 1-10). Re. Cl. 2, Heath 915 discloses abutting the bottom side of the peripheral edge against the bottom contact surface comprises inserting a portion of the brace member into a slot defined between the first jaw and the second jaw (Paragraph 0037, Lines 1-10). Re. Cl. 4, Heath 915 discloses the top contact surface and the bottom contact surface are substantially coplanar (see Fig. 6a-b). Re. Cl. 5, Heath 915 discloses the top contact surface and the bottom contact surface are oriented in a substantially vertical plane (see Fig. 6a), and wherein the first jaw, the second jaw, and the lateral body opening are oriented horizontally (see Fig. 6a). Re. Cl. 7, Heath 915 discloses the left contact surface is joined with each of the top contact surface and the bottom contact surface, and the right contact surface is joined with each of the top contact surface and the bottom contact surface (see Fig. 6a, the left third of surface 266 is joined to the central third of surface 266 and with 264 indirectly via 260 and the right third of surface 266 is joined to the central third of 266 and with 264 indirectly via 260).
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 Heath device to include the bottom contact surface of Heath 915 with reasonable expectation of success since Heath 915 states that such a modification can create points of contact that can serve to stop the end of the brace member (Paragraph 0017, Lines 1-10).
Re. Cl. 3, it is the Examiner’s position that Heath in view of Heath 915 as discussed above would disclose abutting the top side of the peripheral edge of the brace member against the top contact surface (see Fig. 4a-b of Heath) and abutting the bottom side of the peripheral edge against the bottom contact surface (see Heath Paragraph 0037, Lines 1-10) further comprising disposing the second jaw within a hollow interior of the brace member (see Heath Fig. 4a-b).
Re. Cls. 8-9, the combination discussed above does not disclose the second jaw defines a distal second jaw end opposite the fitting body, and wherein the second jaw further defines an inclined surface extending from a lower surface of the second jaw to the distal second jaw end (Cl. 8) or a length of the second jaw is greater than a length of the first jaw (Cl. 9). However, Heath does discloses a different embodiment of the fitting (Fig. 1-2) which includes a first jaw (20, Fig. 1-2), a second jaw (18, Fig. 1-2) and a fitting body (13, Fig. 1-2) wherein the second jaw defines a distal second jaw end opposite the fitting body (see distal end of 18 opposite 22, Fig. 3), and wherein the second jaw further defines an inclined surface extending from a lower surface of the second jaw to the distal second jaw end (see Fig. 3, the portion extending between 18 and 11 in Fig. 3 is inclined upwards) and a length of the second jaw is greater than a length of the first jaw (see Fig. 3, 18 projects further right than 20).
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 second jaw of Heath in the embodiment shown in Fig. 5 to include the longer second jaw and inclined surface as disclosed by Heath in the embodiment shown in Fig. 1-2 with reasonable expectation of success to provide a more prominent and useful guide for insertion into the brace member. Such a modification would more prominently expose the lower jaw and have the angled surface in which the brace could interact and ride thereupon to make assembly easier.
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Heath does not disclose the fitting body defining a left and right contact surface, the second jaw disposed laterally between the left and right contact surface and abutting a left side of the peripheral edge of the brace member against the left contact surface and abutting a right side of the peripheral edge of the brace member against the right contact surface, the Examiner disagrees. Applicant specifies that they are of the position that the second jaw of Heath is not between the left and right vertical thirds of the vertical surface between 20’ and 18’. However, as discussed above, a central portion of the second jaw (i.e. a central portion directly aligned with the “upper contact surface” as annotated in Fig. 5 above) would lie between the left and right contact surfaces, thus meeting Applicant’s current claim language. Further, Applicant alleges that the left and right contact surfaces are located on the same side of the brace member (76) and thus do not abut a left or right side of the peripheral edge of the brace member. The Examiner wishes to point out that when the brace member is fully inserted into the fitting as shown in Figs. 3-4b, the peripheral edge of the brace member (76) would contact the left and right contact surface and the upper contact surface, thus meeting Applicant’s current claim language. That these contact surfaces are located on the same side of the brace member is not relevant to the claims as currently constructed since the claims do not require a particular orientation where the contact surfaces are on different sides of the brace member. If Applicant has a particular orientation or structural configuration of their invention which differs from the Heath device it is suggested that the Applicant further specify such a configuration but the claims as currently constructed read on the Heath device in the Examiner’s position. Therefore, Applicant’s argument has been considered but is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Allmon US 2016/0208838, Williams US 5630576, and Budnick US 3146982 disclose other known fittings which are presented to the Applicant for their consideration.
THIS ACTION IS MADE FINAL. 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..
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.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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