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 .
Election/Restrictions
Applicant's election with traverse of Group 4( figs. 15-17 ) in the reply filed on 1/28/26 is acknowledged. The traversal is on the ground(s) that groups 4-8 are not patentably distinct. This is found persuasive because applicant submits that groups 4-8 are not patentably distinct because they represent mere species of a single inventive concept: a modular system utilizing interchangeable connectors and blocks. Therefore elected group 4 now includes figs. 15-21. Claims 1-16 are examined below.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-9 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0256484 to Kessler et al.
Regarding claim 1, Kessler ‘484 discloses a modular system for attachment of blocks of a connection assembly (as modified below) comprising: a first block 14 and a second plate 12 (modified below); a connector 106 configured to secure the first block 14 and the second plate 12 together; wherein the first block 14 comprises a port 102 having a first opening on a first face (fig. 9 - top face of block 14 @ port 102) and a second opening on a second face (fig. 9 – bottom face of block 14 @ port 102), wherein at least one of the first opening and second opening is configured to receive at least a portion of the connector 106; and a first fastener 124 configured to engage each of the connector 106 and the port 102 of the first block 14 to removably secure the connector 106 in the port 102 (figs 10 and 12-13 - col. 5, lines 4-34).
Although, Kessler ‘484 does not disclose at least two blocks, but rather a plate 12 and a block 14, Kessler ‘484 discloses multiple structural members 12/14 connected via a connector and fastener. Further, applicant has indicated that the embodiments corresponding to the restricted groups are not patentably distinct (page 5, line 4 of election filed 1/28/26). Accordingly, it would have been obvious to one of ordinary skill in the art before the time the invention was made to utilize a plate-like member (e.g., element 12) as one of the claimed blocks, as an alternative structural (yet functionally equivalent) form for engaging and supporting components.
Regarding claim 2, Kessler ‘484, as modified, discloses, wherein the first opening (at top face of 14 at port 102) and the second opening (at bottom face of 14 at port 102) are each configured to receive at least a portion of the connector 102 (fig. 9).
Regarding claim 3, Kessler ‘484, as modified, discloses, wherein the first face and second face are connecting faces of the first block 14 (fig. 9).
Regarding claim 4, Kessler ‘484, as modified, discloses, wherein the port 102 comprises a through- hole 104 extending between at least the first opening and the second opening.
Regarding claim 5, Kessler ‘484, as modified, discloses, wherein the first opening and the second opening are arranged such that, when at least a portion of the connector 106 is received by one of the first opening or second opening, the other of the first opening or second opening is able to receive the fastener 124 for engagement with the connector 106 (figs 9 and 12-13).
Regarding claim 6, Kessler ‘484, as modified, discloses, wherein the first fastener 124 is a screw 140 (shaft 124 includes screw 140).
Regarding claim 7, Kessler ‘484, as modified, discloses, wherein the connector 106 comprises a flange portion 110 arranged such that, when the at least a portion of the connector 106 is received by one of the first opening or second opening, the flange portion 110 is located between the first block 14 and the second plate 12 (block, as modified, fig. 1 and 9).
Regarding claim 8, Kessler ‘484, as modified, discloses, wherein the port 102 comprise a third opening (opening on left side of block 14 that accepts member 106 – fig. 9) arranged on a third face of the said block 14.
Regarding claim 9, Kessler ‘484, as modified, discloses, wherein the third opening (opening on left side of block 14 that accepts member 106 – fig. 9) is configured to receive at least a portion of the connector 106.
Regarding claim 12, Kessler ‘484, as modified, discloses, wherein at least one of the first block 14 and second plate 12 (block, as modified) comprise a plurality of ports (fig. 9).
Regarding claim 13, Kessler ‘484, as modified, discloses, wherein the connector 106 comprises an extension plate portion 152 and the second block is a base plate 12, wherein the extension plate portion 152 is securable to the second block 12 in a plurality of positions (as biased by adjustable clamp – col. 5, lines 22-24), an amount of overlap of the extension plate portion 152 and the second block 12 being determined by the position in which the extension plate portion 152 is secured to the second block 12, the position of the first block 14 relative to the second block 12 thereby being movable. Note that the second plate 12 is modified as a block while this claim supports the interchangeability of the plate and block, since the claim language interchanges the plate and block throughout.
Regarding claim 14, Kessler ‘484, as modified, discloses, wherein at least one of the first and second block 12 is a plate 12.
Regarding claim 15, Kessler ‘484, as modified, discloses, wherein the plate is one of: a base plate 12 of a photographic assembly, and a side plate of the photographic assembly (col. 2, line 50).
Regarding claim 16, Kessler ‘484, as modified, discloses, wherein the at least one of the first and second plate 12 (block, as modified) is a side element of a photographic assembly (col. 2, line 50).
Allowable Subject Matter
Claims 10-11 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 a statement of reasons for the indication of allowable subject matter: note the further limitations of second block also including a port and fastener for functionally interacting with the connector so now both the first and second blocs each having a port configured for interacting with a second fastener and the connector.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office action rejections, as applicable. The list of supports is as follows: US-20180031173-A1 OR US-20190089876-A1 OR US-20200159091-A1 OR US-4727390-A OR US-12435828-B2 OR US-9097963-B2 OR US-10401714-B2 OR US-9188274-B2 OR US-4525052-A OR US-4466595-A OR US-8827219-B2 OR US-8662763-B2 OR US-7883279-B2 OR US-3006052-A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MONICA E MILLNER/Primary Examiner, Art Unit 3632
Prosecution Insights