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 .
The following correspondence is a non-final Office Action for application no. 18/909,475 for a MOUNTING BRACKET, filed on 10/8/2024. Claims 21-40 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the bridge securing one or more cables to the mounting bracket and the upper rail including a first rail of the first support member nested within a second rail of the second support member must be labeled/shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to because RN 556b is not pointing to the slot in Fig. 27. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
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 21-40 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.
Claims 21, 36 and 38 contain various limitations regarding the upper, lower, front side, rearward(ly) and back sides, however, there is no clarification regarding a basis for the orientation of what are considered upper, lower, front side, rearward(ly) and back sides. Claims 22-35, 37 and 39-40 are rejected for the same reasons as dependent on claims 21, 36 and 38. Appropriate clarification is requested.
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) 21, 22, 26, 28-30 and 33-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korcz et al. (U.S. Pat. 8,680,394).
Regarding claim 21, as best understood, Korcz teaches an electrical assembly (Fig. 16) comprising: a support bracket having an upper rail and a lower rail that is spaced apart from the upper rail, an electrical device; and a mounting bracket supporting the electrical device relative to the support bracket, the mounting bracket being secured at a front side of the support bracket and including: a first attachment device including a first arm that extends rearward to resiliently engage the upper rail and a first bent tab that extends rearward past the upper rail and downward along a back side of the upper rail; and a second attachment device including a second arm that extends rearward to resiliently engage the lower rail and a second bent tab that extends rearward past the lower rail and upward along a back side of the lower rail.
[AltContent: textbox (Electrical device)][AltContent: arrow]
[AltContent: textbox (2nd attachment device)]
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[AltContent: textbox (Lower rail)]
[AltContent: arrow][AltContent: arrow]
[AltContent: textbox (Mounting bracket)]
[AltContent: arrow][AltContent: arrow]
[AltContent: textbox (Upper rail)][AltContent: arrow]
[AltContent: textbox (1st attachment device)]
[AltContent: textbox (1st bend)][AltContent: arrow]
[AltContent: textbox (1st bent tab/1st tab)][AltContent: textbox (1st attachment device)]
[AltContent: arrow][AltContent: textbox (1st arm)][AltContent: arrow]
[AltContent: textbox (2nd arm)][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (2nd bend)][AltContent: arrow][AltContent: textbox (Mounting bracket)][AltContent: arrow]
[AltContent: textbox (3rd arm)][AltContent: textbox (Central opening)]
[AltContent: arrow][AltContent: textbox (2nd bent tab/2nd tab)][AltContent: arrow][AltContent: arrow]
[AltContent: textbox (slot)][AltContent: arrow][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd attachment device)]
[AltContent: textbox (Mounting body)][AltContent: arrow][AltContent: arrow]
[AltContent: textbox (Mud ring)][AltContent: arrow]
[AltContent: textbox (1st tab)]
[AltContent: textbox (Mounting face)][AltContent: textbox (3rd attachment device)][AltContent: textbox (2nd tab)]
Regarding claim 22, as best understood, Korcz teaches the assembly of claim 21, wherein the first bent tab extends downward from a first bend located behind the upper rail; and wherein the second bent tab extends upward from a second bend located behind the lower rail.
Regarding claim 26, as best understood, Korcz teaches the assembly of claim 21, wherein the first attachment device or the second attachment device further includes a third arm that resiliently engages the upper or lower rail, respectively, at a location spaced laterally apart from the first or second arm, respectively.
Regarding claim 28, as best understood, Korcz teaches the assembly of claim 21, wherein the mounting bracket further includes a third attachment device extending laterally away from the electrical device.
Regarding claim 29, as best understood, Korcz teaches the assembly of claim 28, wherein third attachment device includes one or more tabs configured to seat flush against a building stud to secure the mounting bracket to the building stud (see Fig. 15).
Regarding claim 30, as best understood, Korcz teaches the assembly of claim 29, wherein the one or more tabs of the third attachment device include: a first tab extending laterally away from the electrical device and configured to seat flush against a front of the building stud; and a second tab extending rearwardly and configured to sit flush against a side of the building stud when the first tab is flush against the front of the building stud.
Regarding claim 33, as best understood, Korcz teaches the assembly of claim 21, wherein the mounting bracket includes a mounting face, a central opening, and a mud ring that protrudes from the mounting face around the central opening to support the electrical device.
Regarding claim 34, as best understood, Korcz teaches the assembly of claim 33, wherein the mud ring is integrally formed with the mounting face.
Regarding claim 35, as best understood, Korcz teaches the assembly of claim 21, wherein the first and second attachment devices each include a slot (area behind bendable tab) aligned with a hole in the upper or lower rail, respectively, to receive a fastener (118) that further secures the mounting bracket to the support bracket (Fig. 16).
Regarding claim 36, as best understood, Korcz teaches an electrical assembly (Fig. 16; see also figures above) comprising: a support bracket having an upper rail and a lower rail that is spaced apart from the upper rail; an electrical device; and a mounting bracket secured at a front side of the support bracket, the mounting bracket including: a mounting body that supports the electrical device relative to the support bracket; a first attachment device including a first arm that extends rearwardly from the mounting body to resiliently engage one of the upper rail or the lower rail and a first tab that extends rearwardly to a first and from the first bend along a back side of the one of the upper rail or the lower rail; and a second attachment device including a second arm that extends rearwardly from the mounting body to resiliently engage the other of the upper rail or the lower rail.
Regarding claim 37, as best understood, Korcz teaches the assembly of claim 36, wherein the second attachment device further includes a second tab that extends rearwardly to a second bend and from the second bend along the back side of the other of the upper rail or the lower rail.
Regarding claim 38, as best understood, Korcz teaches a method of assembling an electrical assembly (Fig. 16; see also figures above), the method comprising: providing a support bracket that includes an upper rail and a lower rail that is spaced apart from the upper rail; providing a mounting bracket that includes a mounting body, a first attachment device, including a rearwardly extending first arm and a first tab, and a second attachment device, including a rearwardly extending second arm; securing an electrical device to the mounting body; and securing the mounting bracket at a front side of the support bracket to support the electrical device relative to the support bracket, including by: resiliently engaging the rearwardly extending first arm with one of the upper rail or the lower rail; resiliently engaging the rearwardly extending second arm with the other of the upper rail or the lower rail; and bending the first tab so that the first tab extends rearward to a first bend and from the first bend along a back side of the one of the upper rail or the lower rail.
Regarding claim 39, as best understood, Korcz teaches the method of claim 38, further comprising: bending a second tab of the second attachment device so that the second tab extends rearward to a second bend and from the second bend along a back side of the other of the upper rail or the lower rail.
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.
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) 24 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Korcz et al. (U.S. Pat. 8,680,394) in view of Zacharevitz et al. (U.S. Pub. 2010/0176138).
Regarding claims 24, as best understood, Korcz teaches the bracket of claim 21, but does not teach the support bracket includes a first support member and a second support member that are telescopically nested together to provide adjustable length for the support bracket. Zacharevitz teaches a support bracket (20, Figs. 4A, 4B) that includes a first support member (left member) and a second support member (right member) that are telescopically nested together to provide adjustable length for the support bracket in order to provide for adjustment of the electrical assembly. It would have been obvious to one of ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention, to construct the support bracket including a first support member and a second support member that are telescopically nested together to provide adjustable length for the support bracket in order to allow the mounting bracket to adjust to the left or right for convenience of the user based on the size and location of the installation structure, in view of Zacharevitz, and further, the provision of adjustability, where needed, involves only routine skill in the art.
Regarding claims 31, as best understood, Korcz teaches the bracket of claim 21, but does not teach that the mounting bracket further includes a bridge, defined between a set of apertures, the bridge securing one or more cables to the mounting bracket. Zacharevitz teaches a support bracket (Fig. 30) wherein the mounting bracket further includes a bridge (702), defined between a set of apertures (711, 712), the bridge securing one or more cables to the mounting bracket ([0133]) in order to provide support to the power cables. It would have been obvious to one of ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention, to construct the mounting bracket further including a bridge, defined between a set of apertures, the bridge securing one or more cables to the mounting bracket in order to support the cables or wires providing power to the electrical assembly, in view of Zacharevitz,
Allowable Subject Matter
Claims 23, 25, 27, 32 and 40 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP 8403289, 7053300, 19829571; USPub 2010/0176138 (electrical assemblies).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NKEISHA J. SMITH whose telephone number is (571)272-5781. The examiner can normally be reached Normal hours: M/Th 7-4; T 9-5; W 7-3; F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 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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/NKEISHA SMITH/Primary Examiner, Art Unit 3632 December 18, 2025