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 .
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, 6-8, 16-19, and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seymour (US 5012043 hereinafter Seymour).
In regards to claim 1, Seymour discloses;” A mud ring assembly for supporting an electrical device (abstract), the mud ring assembly comprising: a base member having an opening (Fig. 3 (46)) and at least one substantially perpendicular extending mounting tab (Fig. 3 (54)); a telescoping member (Fig. 3 (56, 18)) movable with respect to the base member between a retracted position and an extended position (Col. 6, lines 1-43), the telescoping member having at least one mounting tab aligned with the at least one mounting tab of the base member to define at least one mounting tab pair (Fig. 3 (54 and 72)); and at least one drive member (Fig. 3 (110)) operatively coupled to the at least one mounting tab pair and operable to cause the telescoping member to move between the retracted position and the extended position.”
In regards to claim 2, Seymour discloses;” The mud ring assembly according to claim 1, wherein the opening in the base member is substantially rectangular or square (Fig. 3 (shown)).”
In regards to claim 3, Seymour discloses;” The mud ring assembly according to claim 1, wherein the base member further comprises a raised member which is at least one of monolithically formed with the base member and secured to the base member (Fig. 3).”
In regards to claim 4, Seymour discloses;” The mud ring assembly according to claim 1, wherein the at least one mounting tab extending from the base member comprises an aperture to receive at least a portion of the at least one drive member (Fig. 3 (54)).”
In regards to claim 6, Seymour discloses;” The mud ring assembly according to claim 1, wherein the base member comprises at least one aperture to receive a securing member for securing the base member to a junction box (Fig. 3 (42)).”
In regards to claim 7, Seymour discloses;” The mud ring assembly according to claim 1, wherein the at least one mounting tab of the telescoping member comprises an aperture to receive at least a portion of the at least one drive member (Fig. 3 (72)).”
In regards to claim 8, Seymour discloses;” The mud ring assembly according to claim 1, wherein the at least one drive member comprises a fastener (Fig. 3 (110)).”
In regards to claim 16, Seymour discloses;” A mud ring kit (Abstract) comprising: an electrical box (Fig. 3 (14)); and a mud ring assembly comprising: a base member (Fig. 3 (16)) having an opening; a raised member extending from the base member (Fig. 3 (18)) and having at least one substantially perpendicular extending mounting tab (Fig. 3 (70)); a telescoping member movable with respect to the raised member between a retracted position and an extended position (Col. 6, lines 1-43), the telescoping member having at least one mounting tab (Fig. 3 (70)) aligned with the at least one mounting tab of the raised member (Fig. 3 (52)) to define at least one mounting tab pair; and at least one drive member (Fig. 3 (110)) operatively coupled to the at least one mounting tab pair and operable to cause the telescoping member to move between the retracted position and the extended position.”
In regards to claim 17, Seymour discloses;” The mud ring kit according to claim 16, wherein the at least one mounting tab extending from the telescoping member is substantially perpendicular to the telescoping member (Fig. 3 (shown)).”
In regards to claim 18, Seymour discloses;” The mud ring kit according to claim 16, wherein the raised member is monolithically formed with the base member or secured to the base member (Fig. 3 (shown)).”
In regards to claim 19, Seymour discloses;” The mud ring kit according to claim 16, wherein the at least one mounting tab extending from the raised member comprises an aperture to receive at least a portion of the at least one drive member (Fig. 3 (shown)).”
In regards to claim 21, Seymour discloses;” The mud ring kit according to claim 16, wherein each of the plurality of mounting tabs extending from the rectangular or square wall is substantially perpendicular to the substantially rectangular or square wall (Fig. 3 (shown)).”
In regards to claim 22, Seymour discloses;” The mud ring kit according to claim 16, wherein the at least one mounting tab of the telescoping member comprises an aperture to receive at least a portion of the at least one drive member (Fig. 3 (shown where (110) is held by 54 and 72)).”
In regards to claim 23, Seymour discloses;” The mud ring kit according to claim 16, wherein the at least one mounting tab of the telescoping member comprises an aperture to receive at least a portion of the at least one drive member (Fig. 3 (shown where (110) is held by 54 and 72)).”
Allowable Subject Matter
Claims 5, 9, 20, and 24 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.
Claims 10-15 are allowed.
REASON FOR ALLOWANCE
The following is a statement of reasons for the indication of allowable subject matter: The prior art taken singularly or in combination fails to anticipate or fairly suggest the limitation of the independent claim, in such a manner that a rejection under 35 U.S.C. 102 or 103 would be proper. The prior art fails to teach a combination of all the features as presented in independent claim 10 with the allowable feature being:” A mud ring assembly comprising: a base, a flange having an opening, and a raised member extending from the flange, at least one mounting tab extending from the raised member; a telescoping member positioned movable with respect to the raised member between a retracted position and an extended position, the telescoping member having at least one mounting tab aligned with the at least one mounting tab of the raised member to define at least one mounting tab pair, and at least one protective member positioned in proximity to the at least one mounting tab pair; and at least one drive member coupled to the at least one mounting tab pair such that rotation of the at least one drive member causes the telescoping member to move between the retracted position and the extended position.”
Therefore, claim 10 is allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL F MCALLISTER whose telephone number is (571)272-2453. The examiner can normally be reached Monday-Friday 7 AM-4 PM.
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/MICHAEL F MCALLISTER/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847
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