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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Figures 6, 11, 12 and 15 include reference number 210, which does not appear in the specification. It appears that reference number 210 should be changed to 211. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: Reference characters may be used in the claims. Generally, the presence or absence of such reference characters does not affect the scope of the claim. See MPEP 608.01(m). However, it is noted that several of the reference characters present in claim 1 are incorrect. For example, it appears that “sidewalls (211v)” at line 5 should be “sidewalls (310)’; “mounting bolt hole (332)” at line 7 should be “mounting bolt hole (322)”; and “channel (300)” at line 9 should be “channel (305)”. Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Garza et al. (U.S. Patent No. US 11,336,222 B1) in view of Kang et al. (Korean Patent Application Publication No. KR 10-2017-0122316).
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Regarding claim 1, Garza discloses a clamp (100) adapted for securing a piece of equipment to a roof-mounted pedestal or rail (430), the roof mounted pedestal or rail (430) having a slot running along its top end (Figure 10; column 4, lines 39 – 40), the apparatus comprising an upper body (110) including an upper plate (117) and two vertical sidewalls (135, 140) extending from the upper plate, the upper plate (117) extending laterally beyond at least one of the vertical sidewalls (135, 140) to provide a flange (113a, 113b) and including a centrally located mounting bolt hole (125), the upper body (110) further including a through channel (the space between sidewalls 135, 140) (Figure 1; column 3, line 62 – column 4, line 7); a lower body (150) partially contained within the through channel, the lower body (150) including a rail nut (160) at an upper end and a pair of legs (155a, 155b) extending vertically below the upper body (110), a portion of the upper end shaped complementary to the through channel, each of the legs (155a, 155b) extending below the upper body (110) in a vertical direction and ending in a winged foot (165a, 165b) containing an outward-facing horizontal groove (Figures 1 and 6; column 4, lines 39 – 46)); a holding spring (145) housed within the through channel of the upper body (110) (Figure 1; column 3, lines 59 – 61); and a mounting bolt (105) received by the centrally located mounting bolt hole (125) of the upper plate (117) of the upper body (110) and the rail nut (160) of the lower body (150), the holding spring (145) surrounding a portion of the mounting bolt (105) (Figure 1; column 4, lines 12 – 19 and lines 47 - 50).
Garza discloses the claimed invention except for the upper body including a lower plate, the lower plate including a centrally located opening, the lower body partially contained withing the centrally located opening of the lower plate.
Kang is directed to a clamp. Kan specifically discloses a clamp (100) including an upper body (110) including an upper plate (111), a lower plate (114), and two vertical sidewalls (113) extending between the upper and lower plate, the upper plate (111) extending laterally beyond at least one of the vertical sidewalls (113) to provide a flange (111a) and including a centrally located mounting bolt hole (Figures 2 and 3).
A person having ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Garza wherein the upper body includes a lower plate, the lower plate including a centrally located opening, the lower body partially contained withing the centrally located opening of the lower plate as taught by Kang, as both references and the claimed invention are directed to clamps. As noted above, the only difference between Garza and the claimed invention is that Garza does not disclose the upper body including a lower plate, the lower plate including a centrally located opening, the lower body partially contained withing the centrally located opening of the lower plate. Instead, the lower body of Garza passes directly into, and is partially contained within, the through channel. As disclosed by Kang, it is well known for the upper body of a clamp to include a lower plate. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Garza wherein the upper body includes a lower plate, the lower plate including a centrally located opening, the lower body partially contained withing the centrally located opening of the lower plate as taught by Kang, as such a modification would not change the operation of the clamp of Garza in any manner, and the including of a lower plate would provide additional structural stability to the clamp.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON D SHANSKE whose telephone number is (571)270-5985. The examiner can normally be reached Mon - Fri 9:30 - 5:30.
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/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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