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 .
Specification
The disclosure is objected to because of the following informalities:
It is unclear what Applicant intends with the term “proud” (paragraphs 0019, 0027, 0046, 0049);
Examiner suggests removing “206” from the phrase “206, 504” when referencing the embodiment in figures 4 and 5 (two recitations in paragraph 0045);
Examiner suggests either removing the open parenthesis from the phrase “(although”, or adding a close parenthesis at some point after the open parenthesis (paragraph 0045).
Appropriate correction is required.
Claim Objections
Claims 9 and 16 are objected to because of the following informalities:
Examiner suggests changing “a panel” to --the panel-- (claim 9, lines 2-3), since this feature has already been claimed in preceding claim 1;
Examiner suggests changing “an aperture of a panel” to --the aperture of the panel-- (claim 16, lines 2-3), since these features have already been claimed in preceding claim 1.
Appropriate correction is required.
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.
Claims 1-16 are 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.
In regards to claim 1, it is unclear what component is “adapted to receive said mounting member” (line 3). Clarification and rephrasing are required.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “proud” in claims 13 and 14 is used by the claims to mean something other than the accepted meaning of “feeling or showing pride”. The term is indefinite because the specification does not clearly redefine the term, and it is unclear what the term is intended to mean in the current application.
Claim 14 recites the limitation "the back face" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the back face" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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) 1-9 and 11-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cisternino et al. (US 6224129 B1). Cisternino et al. discloses a luggage ring assembly (including anchor #10, which is able to secure luggage in a vehicle) comprising:
(claim 1) a concealable mounting member (including legs #30 and/or locking flange #40; figures 1, 2; columns 2-4);
a ring member (tether fastening portion in the form of a ring and including flange #50 and aperture #52; figure 1; column 3, lines 26-28);
wherein the mounting member (including legs #30 and/or locking flange #40) is adapted to operably engage with a back surface of a panel (#20) through at least one aperture (#22, 24), adapted to receive the mounting member (figures 1, 2; columns 2-4);
(claim 2) wherein the mounting member (including legs #30 and/or locking flange #40) is formed in a single piece (figure 1);
(claim 3) wherein the mounting member (including legs #30 and/or locking flange #40) is formed from a pressed material (such as, stamped metal; column 3, lines 35-38);
(claim 4) wherein the ring member (tether fastening portion in the form of a ring and including flange #50 and aperture #52) is held by the mounting member (including legs #30 and/or locking flange #40; figure 1);
(claim 5) wherein the mounting member (including legs #30 and/or locking flange #40) comprises a bent portion (including feet #32 of legs #30 and/or end portion #42 that bends away from remainder of locking flange #40; figures 1, 2);
(claim 6) wherein the bent portion (including feet #32 of legs #30 and/or end portion #42 that bends away from remainder of locking flange #40) is arranged remote from the ring member (tether fastening portion in the form of a ring and including flange #50 and aperture #52; figures 1, 2);
(claim 7) wherein the ring member (tether fastening portion in the form of a ring and including flange #50 and aperture #52) is held by the mounting member between opposing ends (left and right ends including left and right feet #32 of legs #30) of the mounting member (figure 1);
(claim 8) wherein the mounting member (including legs #30 and/or locking flange #40) comprises a toe (including distal end portion #36 of feet #32 of legs #30 and/or end portion #42 of locking flange #40; figure 1);
(claim 9) wherein the mounting member comprises a fixation (including legs #30 and/or locking flange #40) arranged to receive a complementary fixation (including apertures #22, 24 and surfaces of panel #20) to secure the luggage ring assembly (#10) to a panel (#20; figures 1, 2; columns 2-4);
(claim 11) wherein the fixation (including legs #30 and/or locking flange #40) is flush with a “front” face of the mounting member (upper face of anchor #10; figures 1, 2);
(claim 12) wherein the fixation (including legs #30 and/or locking flange #40) is flush with a “back” face of the mounting member (upper face of anchor #10; figures 1, 2);
(claim 13) wherein the fixation (including legs #30 and/or locking flange #40) is “proud” of a “back” face and/or of a “front” face of the mounting member (upper/lower face of anchor #10; figures 1, 2);
(claim 14) wherein the bent potion (including feet #32 of legs #30 and/or end portion #42 that bends away from remainder of locking flange #40) is bent such that the bent portion stands “proud” of the “back” face of the mounting member (upper/lower face of anchor #10; figures 1, 2);
(claim 15) wherein the “back” face comprises a contoured surface (contoured surfaces of anchor #10; figures 1, 2);
(claim 16) wherein the mounting member (including legs #30 and/or locking flange #40) comprises a seeking surface (such as feet #32 of legs #30 and/or end portion #42 of locking flange #40) arranged to urge the luggage ring assembly (#10) into a seated position in an aperture (#22, 24) of a panel (#20; figures 1, 2; columns 2-4).
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKimson et al. (US 10899265 B2). McKimson et al. discloses a luggage ring assembly (including cargo tie-down assembly #120, 120’, which is able to secure luggage in a vehicle) comprising:
(claim 1) a concealable mounting member (housing, which includes mating portion #135; figures 12-17; columns 4-6);
a ring member (#122, 122’; figures 12-17; column 4, line 49-column 5, lines 34);
wherein the mounting member (#124, 124’) is adapted to operably engage (via mating portion #135) with a back surface (lower surface) of a panel (including plate #136) through at least one aperture (#139), adapted to receive the mounting member (figures 15, 16; column 5, lines 6-15);
(claim 2) wherein the mounting member is formed in a single piece (integrally formed housing #124, 124’; figures 12-17; integral formation discussed throughout specification);
(claim 3) wherein the mounting member (#124, 124’) is formed from a pressed material (such as a molded non-metallic material; discussed throughout specification);
(claim 4) wherein the ring member (#122, 122’) is held by the mounting member (#124, 124’; figures 12-17; column 4, line 49-column 5, lines 34);
(claim 5) wherein the mounting member (#124, 124’) comprises a bent portion (various walls and surfaces of housing #124, 124’ are bent, and mating portion #135 is bent; figures 12-17);
(claim 6) wherein the bent portion (various walls and surfaces of housing #124, 124’ are bent, and mating portion #135 is bent) is arranged remote from the ring member (#122, 122’; figures 12-17);
(claim 7) wherein the ring member (#122, 122’) is held by the mounting member (#124, 124’) between opposing ends (left and right ends) of the mounting member (figures 12-17);
(claim 8) wherein the mounting member (#124, 124’) comprises a toe (such as, mating portion #135; figures 15, 16; column 5, lines 6-15);
(claim 9) wherein the mounting member (#124, 124’) comprises a fixation arranged to receive a complementary fixation (including threaded mounting bolt #162 extending through holes #164, 165 and nut; any of these components can be considered a fixation or complementary fixation; nut is not labeled, but can be seen in dotted lines in marked-up drawing below) to secure the luggage ring assembly (120, 120’) to a panel (including plate #136; figure 16; column 6, lines 25-32);
(claim 10) wherein the fixation is a threaded tube (including threaded mounting bolt #162 and/or nut; figures 12, 16);
(claim 11) wherein the fixation (including threaded mounting bolt #162 extending through holes #164, 165 and nut) is flush with a “front” face of the mounting member (#124, 124’; figure 16);
(claim 12) wherein the fixation (including threaded mounting bolt #162 extending through holes #164, 165 and nut) is flush with a “back” face of the mounting member (#124, 124’; figure 16);
(claim 13) wherein the fixation (including threaded mounting bolt #162 extending through holes #164, 165 and nut) is “proud” of a “back” face and/or of a “front” face of the mounting member (#124, 124’; figure 16);
(claim 14) wherein the bent potion (various walls and surfaces of housing #124, 124’ are bent, and mating portion #135 is bent) is bent such that the bent portion stands “proud” of the “back” face of the mounting member (#124, 124’; figures 12-17);
(claim 15) wherein the “back” face comprises a contoured surface (contoured surfaces of cargo tie-down assembly #120, 120’; figures 12-17);
(claim 16) wherein the mounting member (#124, 124’) comprises a seeking surface (such as, mating portion #135) arranged to urge the luggage ring assembly (#120, 120’) into a seated position in an aperture (#139) of a panel (plate #136; figures 15, 16; column 5, lines 6-15).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses cargo holding assemblies. In particular, Janke et al. (WO 2017/218127 A1), Li et al. (CN 115596760 A), Sbongk (US 10369920 B2), Weiss et al. (US 2591986 A), Dunlap (US 2895430 A), Swayne et al. (US 6485055 B1), Hammond et al. (US 6585465 B1), Motsch (DE 10121110 B4), Grone (US 8591156 B2), and Wagner et al. (US 10011212 B2) each disclose a luggage ring assembly comprising a concealable mounting member and a ring member, wherein the mounting member is adapted to operably engage with a back surface of a panel through at least one aperture, adapted to receive the mounting member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
Prosecution Insights