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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
Claims 1, 7, 9-13, 15 and 18 are currently amended; claims 2-6, 8, 14, 16-17 and 19-20 are original.
Claims 1-20 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 11/24/2025 and reviewed by the Examiner.
Response to Arguments
Applicant’s arguments with respect to claims 1-17 have been considered but are moot because the arguments does not apply to the current rejection as necessitated by the amendment to the claims. Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive. Regarding Applicant’s argument wherein “…Rinaldi and Reubel would not result in a spacer portion of the base disposed to engage the surface when mounted thereto, the spacer portion vertically separating the mounting portion and the lower portion to create a moment arm…” The Examiner asserts that one of ordinary skill in the art would appreciate that providing the spacer (A) disclosed by Reubel would disposed to engage the surface when mounted thereto, the spacer portion would vertically separate the mounting portion and the lower portion to create a moment arm for the reaction force from the at least one fastener to counteract the moment created by the curtain rod in the receptacle.
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 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 pre-AIA 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.
(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.
Claims 7-13 and 17 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Rinaldi (U.S. Pat. No. 2964280).
Regarding claim 7, Rinaldi teaches a bracket comprising: a base (Rinaldi; 10) defining at least two mounting holes (Rinaldi; 14) that receive fasteners for mounting the bracket to a structure;
a first arm (Rinaldi; 21) extending from the base and having a top, a bottom and a maximum width at the interconnection with the base;
a second arm (24) extending downward from the first arm and positioned to extend along and against the structure below the first arm when mounted thereto;
the at least two mounting holes being spaced from another by a distance greater than the maximum width of the first arm so that one of the at least two mounting holes is outside the first arm on one side of the arm and one of the at least two mounting holes is outside the first arm on the other side of the arm; and
at least a portion of the at least two mounting holes being located above the top of the first arm.
Regarding claim 8, Rinaldi teaches the base (Rinaldi; 10) includes at least two tabs (Rinaldi; tab portion having 14) extending away from the base and each of the at least two tabs defining at least one of the at least two mounting holes.
Regarding claim 9, Rinaldi teaches the predetermined width of the first arm (Rinaldi; 21) extends in a horizontal direction and the base includes an extension that engages the bottom of the arm.
Regarding claim 10, Rinaldi teaches the predetermined width of the arm extends in a vertical direction (Rinaldi; width at 22).
Regarding claim 11, Rinaldi teaches the first arm includes an angled portion (Rinaldi; 25) extending from the base (Rinaldi; 10).
Regarding claim 12, Rinaldi teaches the base (Rinaldi; 10) and first arm (Rinaldi; 21) are separate components.
Regarding claim 13, Rinaldi teaches a first cradle (Rinaldi; cradle defined by 22) for supporting a rod (Rinaldi; 27) at an end of first arm distal from the base.
Regarding claim 17, Rinaldi teaches the base (Rinaldi; 10) includes a T-shaped portion spacing the at least two mounting holes.
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 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.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Rinaldi (U.S. Pat. No. 2964280).
Regarding claim 15, Rinaldi teaches the first arm includes a distal portion and a proximal portion. However, Rinaldi is silent to disclose the distal portion and a proximal portion of the term being adjustable. The Examiner notes that providing the first arm the distal portion and the proximal portion that are adjustable relative to one another to adjust a length of the arm is considered within the level of ordinary skill in the art see e.g. MPEP 2144.04. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Rinaldi having the adjustable distal and proximal portions of the arm. The motivation would have been to increase the adjustability of the rod holder.
Regarding claim 16, Rinaldi teaches the base.
However, Rinaldi does not explicitly teach the base includes a Y-shaped portion spacing the at least two mounting holes.
The Examiner notes that it would have been an obvious matter of design choice to make the base having the Y-shaped portion spacing the at least two mounting holes. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. The motivation would have been to make the invention of Rinaldi cost effective while providing the appropriate strength. Therefore, it would have been obvious to modify Rinaldi as specified in claim 16.
Claims 14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rinaldi (U.S. Pat. No. 2964280) in view of Reubel (U.S. Pat. No. 388151).
Regarding claim 14, Rinaldi as modified teaches the first cradle includes a fitting (Rinaldi; R1) for supporting a rod and the fitting includes ends spaced apart less than a diameter of a rod for maintaining a rod in the first cradle.
Regarding claim 18, Rinaldi teaches an apparatus for mounting a curtain rod, the apparatus comprising:
a base (Rinaldi; 10) for being positioned against a surface;
a receptacle (Rinaldi; 21) for receiving a curtain rod (Rinaldi; 27);
an arm (Rinaldi; 21) connecting the base and the receptacle;
a mounting portion (Rinaldi; 13) of the base having at least one opening (Rinaldi; 14) level with or above the arm, the at least one opening configured to receive at least one fastener (15) extending through the at least one opening normal to the surface to mount the base to the surface;
a lower portion (Rinaldi; lower portion of 13) of the base configured to press against the surface with the curtain rod in the receptacle.
However, Rinaldi is silent to disclose a spacer portion.
Reubel teaches a spacer portion (Reubel; A) of the base disposed to engage the surface when mounted thereto, the spacer portion vertically separating the mounting portion and the lower portion (Reubel; lower portion of A contacting the surface) to create a moment arm for the reaction force from the at least one fastener to counteract the moment created by the curtain rod in the receptacle.
Rinaldi and Reubel are analogous because they are from the same field of endeavor or a similar problem solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Rinaldi having the spacer portion. The motivation would have been to provide appropriate grip during the retention.
Regarding claim 19, Rinaldi teaches the arm (Rinaldi; 21) includes an upper surface, a lower surface, and lateral side surfaces extending between the upper and lower surfaces; and
wherein the at least one opening (Rinaldi; 14) of the mounting portion includes a pair of openings laterally outward from the lateral side surfaces of the arm.
Regarding claim 20, Rinaldi teaches the lower portion (lower portion of 13 near annotation 18) of the base extends below the arm.
Allowable Subject Matter
Claims 1-6 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/Primary Examiner, Art Unit 3631
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