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 .
This is the first office action for application number 18/920,794, UNIVERSAL APPARATUS FOR RIG CONSTRUCTION IN AUDIO-VISUAL APPLICATIONS, filed on October 18, 2024.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "121" in Fig. 1; "200" in Fig. 2, "300" in Fig. 3, "362" in Fig. 4, "363" in Fig. 5A, and "600" in Fig. 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 8,336,835 to Benner et al., hereinafter, Benner. Benner discloses a universal apparatus (10) capable of being used with a rig construction, comprising: a main tube (30) having a main tube orifice running a length of the main tube, wherein the main tube further comprises one or more securing holes (60) at its proximal end; a riser top (100) having a riser top orifice (formed by elements 108 and 112) running a length of the riser top, wherein the riser top further comprises one or more securing holes (Fig. 5, formed in 108 & 112 and receiving screw 102) at its distal end; and an insert rail (40) configured to fit in the main tube orifice and further configured to be securable between a fully extended position and a fully retracted position in the main tube orifice using the one or more securing holes at the proximal end of the main tube, and wherein the insert rail is further configured to fit in the riser top orifice and to be securable to the riser top using the one or more securing holes at the distal end of the riser top.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,326,352 to Barth. Barth discloses a universal apparatus (20') capable of being used with a rig construction, comprising: a main tube (22') having a main tube orifice running a length of the main tube, wherein the main tube further comprises one or more securing holes (Figs. 8, 9 & 10) at its proximal end; a riser top (26') having a riser top orifice running a length of the riser top, wherein the riser top further comprises one or more securing holes (@38 in Fig. 10) at its distal end; an insert rail (28') configured to fit in the main tube orifice; wherein the insert rail is further configured to fit in the riser top orifice and to be securable to the riser top using the one or more securing holes at the distal end of the riser top; a sleeve (24') couplable around the insert rail in between the main tube and the riser top; and wherein a proximal end of the riser top is configured to be couplable to a rigging clamp.
Barth discloses the claimed invention except for the limitation of the insert rail being configured to be securable between a fully extended position and a fully retracted position in the main tube orifice using the one or more securing holes at the proximal end of the main tube.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified insert rail in Barth to have included more than one securing holes as shown by Barth in regards to element 52' in Fig. 9, for the purpose of varying the length of the insert rail in reference to the main tube in an effort to accommodate different sized items supported by the apparatus during usage.
Allowable Subject Matter
Claim 3 is 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: the limitation of the riser top being a baby pin adapter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 11,752,922 to Galton et al., is directed to a load securement device comprising an extendable pole and a plurality of attachments. U.S. Patent Application Publication No. 2013/0333197 to Schulte et al. is directed to a system for easy installation of an accessory on a building, comprising a clip and an installation tool. U.S. Patent No. 7,806,381 to Sisk et al. is directed to a stabilization and support strut. U.S. Patent No. 7,628,369 to Chen is directed to a telescopic tube having an outer tube, an adjustable tube, a housing and a locking clamp. U.S. Patent Application Publication No. 2009/0194662 to Urrutia is directed to a kit having bracket and a mounting tool. U.S. Patent No. 6,546,596 to Grote et al. is directed to an extension pole for tools providing nearly universal attachment of a wide variety of different tool heads or components. U.S. Patent No. 4,793,646 to Michaud, Jr. is directed to at least two elongated, telescopically engaged tube members which incorporate therein a spring biased, dual locking pin structure in combination with tube aligning.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA M KING whose telephone number is (571)272-6817. The examiner can normally be reached M-F 7:30am-4:00pm.
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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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/ANITA M KING/ Primary Examiner, Art Unit 3632 February 28, 2026