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 .
This is a non-final Office Action for serial number 18/900,533, Self-Sealing Mounting Bracket, filed on September 27, 2024.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 7, 16-19 are rejected under 35 U.S.C. 102(a)(2) as being (a)(2) by U.S. Patent Publication No. 2025/0038699 to Tomolillo.
Regarding claims 1, and 16, Tomolillo ‘699 discloses a bracket (104) comprising a first member (300); a second member (301) extending away from the first member in a first direction; a sealant (110) disposed on a surface of the first member, the surface facing a second direction substantially opposite to the first direction; and at least one port (302) extending through a thickness of the first member and configured to receive a fastener to secure the bracket to a mounting surface.
Regarding claim 5, Tomolillo ‘699 discloses wherein the sealant is disposed on a surface of the first member and is configured to flow in a third direction perpendicular to the second direction – the language is not positively recited and is considered a functional language.
Regarding claim 7, Tomolillo ‘699 discloses wherein the sealant is attached to the surface of the first member (see Fig. 1A).
Regarding claims 17-19, the language recitation is not a positively recited and is considered a function language. In this case, Tomolillo ‘699 would be able to perform with the function language.
Claim Rejections - 35 USC § 103
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.
Claim(s) 2-4, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tomolillo ‘699 in view of U.S. Patent Publication No. 2023/0258295 to Gallegos et al. (Gallegos).
Regarding claims 2, and 20, Tomolillo ‘699 discloses at least one port (302), however fails to disclose at least one inspection port extending through the thickness of the first member. Nevertheless, Gallegos ‘295 discloses plurality of holes (204, 208) extending through the thickness of the first member (102). Accordingly, 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 first member of Tomolillo ‘699 to include more ports because one would have a motivation to provide more fasteners through the ports to secure the bracket onto a mounting surface as taught by Gallegos ‘295.
Regarding claim 3, Tomolillo ‘699 in view of Gallegos ‘295 discloses wherein the sealant disposed on a surface of the first member - *configured to flow into the inspection port* is not positively recited and is considered a functional language.
Regarding claim 4, Tomolillo ‘699 in view of Gallegos ‘295 discloses at least one plug (250-Tomolillo) configured to be removably received by the at least one port.
Claim(s) 6, 12, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tomolillo ‘699 in view of U.S. Patent Publication No. 2025/0088805 to Zhou et al. (Zhou).
Regarding claim 6, Tomolillo ‘699 discloses wherein the sealant comprises a material made of sealant, however, fails to disclose wherein the material having a kinematic viscosity of not less than 100 centistokes or not greater than 50,000 centistokes. Nevertheless, Zhou ‘805 discloses wherein the sealant is made of a kinematic viscosity of not less than 100 centistokes and not exactly disclose not greater than 50,000 centistokes. Accordingly, 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 sealant of Tomolillo ‘699 to include the sealant with at least 100 centistokes because one would have a motivation to maintain the viscous force between the sealant and the first member as taught by Zhou ‘805.
Regarding claim 12, Tomolillo ‘699 fails to disclose wherein the sealant comprises of an oil. Nevertheless, Zhou ‘805 discloses wherein the sealant comprises of an oil (spec [0096]). Accordingly, 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 sealant of Tomolillo ‘699 to include the sealant with an oil with at least 100 centistokes because one would have a motivation to maintain the viscous force between the sealant and the first member as taught by Zhou ‘805.
Claim(s) 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Tomolillo ‘699 in view of Zhou ‘805 and in further view of U.S. Patent Publication No. 2024/0297609 To Gallegos et al. (Gallegos).
Regarding claim 13, Tomolillo ‘699 in view of Zhou ‘805 fails to exactly disclose wherein the sealant comprises a material selected to harden in response to contact with air. Nevertheless, Gallegos ‘609 discloses a sealant introduce into the internal holes and the ability to causes any holes created by the fastener to be sealed. Accordingly, 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 sealant of Tomolillo ‘699 in view of Zhou ‘805 to include the sealant that dry up in the holes because one would have a motivation to seal these holes to ensure that any environmental element do not permeate the structure via the holes as taught by Gallegos ‘609.
Regarding claims 14-15, the sealant is configured to fill the holes – the language with “configured” is not positively recited and is considered a functional language.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Tomolillo ‘699 in view of U.S. Patent No. 5,769,246 to Estep.
Regarding claim 8, Tomolillo ‘699 fails to disclose a protective film. Nevertheless, Estep ‘246 discloses a protective film (68 – Fig. 6), wherein the protective film is removably disposed over a second sealant surface of the sealant opposite to the first sealant surface. Accordingly, 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 sealant of Tomolillo ‘699 to include the protective film because one would have a motivation to protect the adhesive material prior to use of the bracket as taught by Estep ‘246.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tomolillo ‘699 in view of U.S. Patent Publication No. 2024/0060598 to Wogan et al. (Wogan).
Regarding claims 9, Tomolillo ‘699 fails to disclose a third member. Nevertheless, Wogan ‘598 discloses a third member (Fig. 4D -402 with two side walls) and wherein the first member extends away from the second member in a third direction and the surface faces a fourth direction opposite to the third direction. Accordingly, 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 member of Tomolillo ‘699 to include the third member because one would have a motivation to provide a standing support behind the second member as taught by Wogan ‘598.
Regarding claim 10, Tomolillo ‘699 in view of Wogan ‘598 discloses wherein the third member comprises a bracket attachment surface and a curved surface opposite the bracket attachment surface (Wogan – Fig. 4D).
Regarding claim 11, Tomolillo ‘699 in view of Wogan ‘598 discloses wherein at least a portion of the bracket attachment surface of the third member is attached to the surface of the second member and a concave side of the curved surface faces the fourth direction (Wogan – see Fig. 4D curved portions).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S Patent No. 11,750,143 – L-shaped bracket
U.S. Patent No. 11,515,831 – L-shaped bracket
U.S. Patent No. 10,673,374 – L-shaped bracket
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/TODD M EPPS/Primary Examiner, Art Unit 3632 January 7, 2026