DETAILED ACTION
This is the third office action for US Application 18/890,361 for Novel Systems and Methods For Supporting Suspended Items.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 13 April 2026 has been entered.
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 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 44 02 327 C2 to Kuhn. Regarding claim 1, Kuhn discloses a method for installing a supporting assembly. The method comprises the steps of:: obtaining a main tube (10) including an interior-main surface that extends from a first end to a second end, and that defines a cavity having disposed therewithin, at the first end, an area-narrowing feature (26) that includes a first inner surface that defines a first aperture; obtaining a telescoping rod (16) having an outer-telescoping surface that extends from a connecting end to a terminating end, and that has disposed thereon, at the connecting end, an area-expanding feature (28), wherein the area-expanding feature includes a second outer surface; and passing the telescoping rod through the cavity, at the second end, and through the first aperture such that at least a portion of the telescoping rod comes out of the main tube and the outer-telescoping surface slidably passes through and establishes a first frictional contact with the first inner surface of the area-narrowing feature, wherein the second outer surface slidably engages and establishes a second frictional contact with the interior-main surface of the main tube, and the area-narrowing feature and the area-expanding feature facilitate slidable engagement of the telescoping rod to expand out of or retract inside, without decoupling from the main tube.
Regarding claim 7, the obtaining the main tube includes obtaining a main tube subassembly including the main tube having attached thereto a first annular component that provides the area-narrowing feature. Regarding claim 8, the obtaining the main tube includes press fitting the first annular component inside the cavity of the main tube. Regarding claim 9, the obtaining the telescoping rod includes obtaining a telescoping rod subassembly including the telescoping rod having attached thereto a second annular component that provides the area-expanding feature.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn in view of official notice provided by the Examiner. Kuhn discloses each of the obtaining the main tube and the obtaining the telescoping rod using a single, unitary piece. Kuhn does not disclose the method of forming the unitary piece as extrusion, but extrusion is a well-known manufacturing method and it would have been obvious to one ordinary skill in the art before the effective filing date of the present invention to have used extrusion for forming the tube and rod.
Allowable Subject Matter
Claims 2-5, 10, and 11 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 an examiner’s statement of reasons for allowance: Regarding claims 2-5, the closest prior art does not disclose or suggest the features of claim 1, further including the step of coupling a hook portion of a first bracket with a main-tube-connecting aperture defined at or proximate to a second end of the main tube to couple the main tube to the first bracket. Regarding claim 10, the closest prior art does not disclose the step of obtaining the telescoping rod using a locking nut that couples the second annular component to the telescoping rod, at least a portion of which is threaded to receive the locking nut. Regarding claim 11, the closest prior art does not disclose the features of claim 1, further comprising the step of installing at least one of a radar or a camera to the main tube.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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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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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632
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