DETAILED ACTION
This is the first office action for US Application 18/914,865 for a Mounting System for On-Board Generator.
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 .
Claim Objections
Claim 17 is objected to because of the following informalities: the 2nd to last line of claim 17, the word - - of - - should be inserted between “surface” and “the”. 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 8-10, and 18 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.
Claim 8 recites the limitation "the tabs" in line 2. There is insufficient antecedent basis for this limitation in the claim. The antecedent basis is for “one or more tabs”.
Claim 9 recites the limitation "the outer ribs" in line 2. There is insufficient antecedent basis for this limitation in the claim. The antecedent basis is for “an outer rib”.
Claim 10 recites the limitation "the outer ribs" in line 2. There is insufficient antecedent basis for this limitation in the claim. The antecedent basis is for “an outer rib”.
Claim 18 recites the limitation "the outer ribs" in line 2. There is insufficient antecedent basis for this limitation in the claim. The antecedent basis is for “an outer rib”.
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, 4, and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,223,881 to Hickman. Regarding claim 1, Hickman discloses a mounting system (see figure 1) that can support an on-board generator. The mounting system comprises a pair of horizontal cradle members (2) and a pair of vertical cradle members (3, 4) which connect to the horizontal cradle members (see figure 1). There is a top cradle member (14) attached to each vertical cradle member that comprises a top mounting plate (17), apertures (see figure 2… receiving 25, see col. 3, lines 18-25) within the top mounting plate for accepting mounting bolts (25… see figure 2 and col. 3, lines 18-25), one or more tabs (see figures 1 and 2, the portion of 13 that connects at 10 is a tab) on an inner side of the top cradle member, and an outer rib (15… see figures 1 and 3) on an outer side of the top cradle member.
Regarding claim 4, each tab extends downwardly away from the top mounting plate (see figures 1 and 2 showing the tab portion of 13 that connects at 10 extending downward away from 17). Regarding claim 8, the tabs are substantially vertical (see figures 1 and 2, the portions of 13 that connects at 10 on each side are tabs and extend vertical). Regarding claim 9, the outer ribs are substantially vertical (see figures 1 and 3 showing a top cradle member on each side of 3 and 4, and 15 extending vertically on each side). Regarding claim 10, the tabs are substantially parallel to the outer ribs (13 and 15 extending parallel to each other… see figure 3).
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) 2, 3, 5-7, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hickman in view of US 2006/0202400 to Fitzgerald. Regarding claim 2, Hickman does not disclose a vibration isolator positioned between the top cradle member and the vertical cradle member. Fitzgerald provides a teaching of providing a vibration isolator (130) between two bracket parts (see figures 3 and 4… 280 and 180) to dampen vibration between the mounting brackets (see paragraph 36, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided vibration isolators between the top cradle member and vertical cradle member of Hickman, to reduce vibrations between the top cradle member and vertical cradle member as taught by Fitzgerald. One of ordinary skill in the art would have been motivated to prevent vibrations from an object supported by the top cradle member (by 13 via 21, 22), from transmitting vibrations to the vertical cradle member (3, 4) of the support.
Regarding claims 3 and 6, Fitzgerald provides a teaching of securing the vibration isolator between the members with a bolt (190) that passes through the vibration isolator, and the bracket members. The resultant structure from the combination of Hickman in view of Fitzgerald would have a bolt that passes through the vibration isolator, the top cradle member, and the vertical cradle member.
Regarding claims 5 and 7, the resultant structure from the combination of Hickman in view of Fitzgerald would have an aperture positioned on each tab of Hickman (the portion of 13 that connects at 10 would have apertures for bolt 190 as taught by Fitzgerald), and a bolt (190 of Fitzgerald) passing through each aperture and a vertical cradle member.
Regarding claim 11, Hickman discloses a mounting system (see figure 1) that can support an on-board generator. The mounting system comprises a pair of horizontal cradle members (2) and a pair of vertical cradle members (3, 4) which connect to the horizontal cradle members (see figure 1). There is a top cradle member (14) attached to each vertical cradle member that comprises a top mounting plate (17), apertures (see figure 2… receiving 25, see col. 3, lines 18-25) within the top mounting plate for accepting mounting bolts (25… see figure 2 and col. 3, lines 18-25), one or more tabs (see figures 1 and 2, the portion of 13 that connects at 10 is a tab) extending down and away from the mounting plate, and an outer rib (15… see figures 1 and 3) on an outer side of the top cradle member.
Hickman does not specifically disclose a bolt which passes through each tab and the vertical cradle member (see figure 3 of Hickman… figure 3 appears to show a bolt securing 13 and 3, 4 at 10, but the specification only describes it as a “pivot”). Fitzgerald provides a teaching of securing a vibration isolator (130) between bracket members (180, 280) with a bolt (190) that passes through the vibration isolator, and the bracket members. The resultant structure from the combination of Hickman in view of Fitzgerald would have a bolt that passes through the vibration isolator, the tab of the top cradle member, and the vertical cradle member.
Regarding claim 12, Hickman discloses an inside vertical plate (13… see figures 1 and 3) on an inner side of the top cradle member. Regarding claim 13, Hickman discloses an inside vertical plate (13… see figures 1 and 3) between the top mounting plate and the tab (see figure 1… the tab portion of 13 is separated from the top mounting plate 17 by a portion of plate 13). Regarding claim 14, Hickman discloses a first bottom edge positioned on the inside vertical plate (see figures 1-3 showing the bottom edge of 13), a second bottom edge positioned on the outer rib (see figures 1-3 showing the bottom edge of 15), and wherein the first bottom edge and the second bottom edge are substantially horizontal (see figures 1-3 showing the bottom edges of 13 and 15).
Regarding claim 15, Hickman discloses a first bottom edge positioned on the inside vertical plate (see figures 1-3 showing the bottom edge of 13) and a second bottom edge positioned on the outer rib (see figures 1-3 showing the bottom edge of 15). Hickman does not disclose the first bottom edge and the second bottom edge as substantially parallel because vertical plate (13) extends lower than the outer rib (15). However, the specific length of the rib (15) is a design preference that would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention because the claimed change in dimension would not perform differently than the rib of Hickman.
Regarding claim 16, each tab is positioned below the first bottom edge and the second bottom edge (see figures 1-3… the tabs of 13 are lower than the bottom edge of the plate portion of 13 and the bottom edge of 15).
Regarding claim 17, Hickman discloses a mounting system (see figure 1) that can support an on-board generator. The mounting system comprises a pair of horizontal cradle members (2) sized to accept a generator, and a pair of vertical cradle members (3, 4) which connect to the horizontal cradle members (see figure 1). There is a top cradle member (14) attached to each vertical cradle member that comprises a top mounting plate (17) providing a substantially flat surface, apertures (see figure 2… receiving 25, see col. 3, lines 18-25) within the substantially flat surface for accepting mounting bolts (25… see figure 2 and col. 3, lines 18-25), one or more tabs (see figures 1 and 2, the portion of 13 that connects at 10 is a tab) extending down and away from the substantially flat surface, and an outer rib (15… see figures 1 and 3) extending downwardly from the substantially flat surface of the top cradle member.
Hickman does not specifically disclose a bolt which passes through each tab and the vertical cradle member (see figure 3 of Hickman… figure 3 appears to show a bolt securing 13 and 3, 4 at 10, but the specification only describes it as a “pivot”). Fitzgerald provides a teaching of securing a vibration isolator (130) between bracket members (180, 280) with a bolt (190) that passes through the vibration isolator, and the bracket members. The resultant structure from the combination of Hickman in view of Fitzgerald would have a bolt that passes through the vibration isolator, the tab of the top cradle member, and the vertical cradle member.
Regarding claim 18, the tabs are positioned on an inners side of each top cradle member (see figures 1-3), while the outer ribs. Regarding claim 19, Hickman discloses an inside vertical plate (13… see figures 1 and 3) connecting between the top mounting plate and the tab (see figure 1… the tab portion of 13 is separated from the top mounting plate 17 by a portion of plate 13).
Regarding claim 19, Hickman discloses a first bottom edge positioned on the inside vertical plate (see figures 1-3 showing the bottom edge of 13), a second bottom edge positioned on the outer rib (see figures 1-3 showing the bottom edge of 15), and wherein the first bottom edge and the second bottom edge are substantially horizontal (see figures 1-3 showing the bottom edges of 13 and 15).
Regarding claim 20, Hickman discloses a first bottom edge positioned on the inside vertical plate (see figures 1-3 showing the bottom edge of 13), a second bottom edge positioned on the outer rib (see figures 1-3 showing the bottom edge of 15), and each tab positioned below the first bottom edge and the second bottom edge (see figures 1-3… the tabs of 13 are lower than the bottom edge of the plate portion of 13 and the bottom edge of 15).
Hickman does not disclose the first bottom edge and the second bottom edge as substantially parallel because vertical plate (13) extends lower than the outer rib (15). However, the specific length of the rib (15) is a design preference that would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention because the claimed change in dimension would not perform differently than the rib of Hickman.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2014/0048349 to Swist
US 5542639 to Wixey
US 5407171 to Gonzalez
US 12146482 to Immel
US 6854314 to Cleave
US 2018/0251173 to Kirtland
The above prior art discloses various mounting systems for supporting objects.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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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.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632