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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 15-17, 19-22, and 35-43, drawn to a bar assembly, classified in A47K10/04.CPC.
II. Claims 44-47, drawn to a bar assembly, classified in A47F5/0838.CPC.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related inventions. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed can have a materially different design, mode of operation, function, or effect. The inventions as claimed are also mutually exclusive (i.e. Claim 15 requires “a bar received through the sleeve in cooperation with the threaded shaft for translation relative to the threaded shaft for adjustability of a position of the bar relative to the mount” (which is not required in claim 44). Claim 44 requires “the surface mount defining an aperture extending therethrough in translatable cooperation with the threaded shaft for translation relative to the threaded shaft; wherein rotation of the threaded shaft or the threaded sleeve in a first rotational direction causes the threaded sleeve to apply a retention force to the surface mount structure” (which is not required in claim 15). Furthermore, there is nothing of record to show the inventions as claimed to be obvious variants.
Newly submitted claims 44-47 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: In the instant case,
Claim 15 requires “a bar received through the sleeve in cooperation with the threaded shaft for translation relative to the threaded shaft for adjustability of a position of the bar relative to the mount” (which is not required in claim 44). Claim 44 requires “the surface mount defining an aperture extending therethrough in translatable cooperation with the threaded shaft for translation relative to the threaded shaft; wherein rotation of the threaded shaft or the threaded sleeve in a first rotational direction causes the threaded sleeve to apply a retention force to the surface mount structure” (which is not require in claim 15).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 44-47 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
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.
Claims 15-17, 20-22, 35-39, and 41-42 are rejected under 35 U.S.C. 103 as being unpatentable over Lowe 2009/0242713 in view of Agor 4,981,276 and Ramsey 2001/0001197.
Regarding claim 15, Lowe discloses a bar assembly (Figs 13 & 14) comprising:
a mount (Fig 13, #101 & #201) or (Fig 13, #101, #201, & #301) adapted to contact a planar surface;
a threaded shaft (Figs 13 & 14, #150, right) in cooperation with the mount (Fig 13, #101 & #201) or (Fig 13, #101, #201, & #301);
a sleeve or end cap (Fig 13, #400 or #401) supported by the mount (Fig 13, #101 & #201) or (Fig 13, #101, #201, & #301) ;
and
a bar (Figs 13 & 14, #700) or (Figs 13 & 14, #700 & #500) received in the sleeve or end cap (Fig 13, #400 or #401) in cooperation with the threaded shaft (Figs 13 & 14, #150, right) for or capable of translation relative to the threaded shaft (Figs 13 & 14, #150, right) for adjustability of a position of the bar (Figs 13 & 14, #700) relative to the mount (Fig 13, #101 & #201) or (Fig 13, #101, #201, & #301), and the threaded shaft (Figs 13 & 14, #150, right), whereby rotation of the threaded shaft (Figs 13 & 14, #150, right) or mount in a first rotary direction (clockwise) locks the bar (Figs 13 & 14, #700) or (Figs 13 & 14, #700 & #500) to maintain a position of the bar (Figs 13 & 14, #700) or (Figs 13 & 14, #700 & #500).
Lowe has been discussed above but does not explicitly teach wherein the bar is received through the sleeve; wherein rotation of the threaded shaft or the wall mount in a second rotary direction that is opposite than the first rotary direction unlocks the bar to permit linear adjustment of the bar in a range of positions relative to the threaded shaft and wall mount.
Agor discloses a bar assembly (Fig 1, #1) comprising a sleeve (Fig 1, #2) supported by a mount (Fig 1, #5) or (Fig 1, #10); and a bar (Fig 1, #4) received through the sleeve (Fig 1, #2).
Ramsey teaches that it is old and well known in the art for a first object (Figs 1 & 2, #16) to be fastened to a second object (Figs 1 & 2, #16) by a threaded fastener (Fig 2, #60), wherein when the threaded fastener (Fig 2, #60) is rotated in a clockwise direction the threaded fastener (Fig 2, #60) is tightened and the first object (Figs 1 & 2, #16) is locked to the second object (Figs 1 & 2, #16) and when the threaded fastener (Fig 2, #60) is rotated in a counterclockwise direction the threaded fastener (Fig 2, #60) is loosened and the first object (Figs 1 & 2, #16) is unlocked from the second object (Figs 1 & 2, #16) and the first object (Fig 1 & 2, #16) is free to move relative to the second object (Figs 1 & 2, #14) [0026].
It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the end cap (Lowe, Fig 13, #400 or #401) of Lowe with a sleeve (i.e. Agor, Fig 1, #2) that has a through hole to receive the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) because the substitution of one known rod connection means (i.e. sleeve or end cap) for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to assembly the wall mount towel bar of Lowe so that the rotation of the threaded shaft (Lowe, Fig 13, #150, right) in a first rotary direction (clockwise) locks the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) to maintain a position of the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500), and rotation of the threaded shaft (Lowe, Fig 13, #150, right) in a second rotary direction (counterclockwise) that is opposite than the first rotary direction (clockwise) unlocks the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) to permit linear adjustment of the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) in a range of positions relative to the threaded shaft (Lowe, Fig 13, #150, right) and wall mount (Lowe, Fig 13, #101 & #201) or (Lowe, Fig 13, #101, #201, & #301) using the teachings of Ramsey which teaches that it is old and well known in the art for a first object (Ramsey, Figs 1 & 2, #16) to be fastened to a second object (Ramsey, Figs 1 & 2, #16) by a threaded fastener (Ramsey, Fig 2, #60), wherein when the threaded fastener (Ramsey, Fig 2, #60) is rotated in a clockwise direction the threaded fastener (Ramsey, Fig 2, #60) is tightened and the first object (Ramsey, Figs 1 & 2, #16) is locked to the second object (Ramsey, Figs 1 & 2, #16) and when the threaded fastener (Ramsey, Fig 2, #60) is rotated in a counterclockwise direction the threaded fastener (Ramsey, Fig 2, #60) is loosened and the first object (Ramsey, Figs 1 & 2, #16) is unlocked from the second object (Ramsey, Figs 1 & 2, #16) and the first object (Ramsey, Fig 1 & 2, #16) is free to move relative to the second object (Ramsey, Figs 1 & 2, #14) in order to easily assembly or dissemble the wall mount towel bar assembly of Lowe. Further it is old and well known in the art for a threaded fastener to tighten or lock objects together by rotating the threaded fastener clockwise and loosen or unlock the objects by rotating the threaded fastener counterclockwise.
Regarding claim 16, modified Lowe discloses the bar assembly wherein the mount (Lowe, Fig 13, #101 & #201) or (Lowe, Fig 13, #101, #201, & #301) further comprises a fastener (Lowe, Fig 13, #140).
Regarding claim 17, modified Lowe discloses the bar assembly wherein the threaded shaft (Lowe, Figs 13 & 14, #150, right) is externally threaded (as shown in Fig 13); wherein the wall mount (Lowe, Figs 13 & 14, #101, #201, & #301, right) is provided with an aperture (annotated Fig 13 below).
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Modified Lowe has been discussed above but does not explicitly teach wherein the aperture (Lowe, annotated Fig 13 above) of the wall mount is a threaded aperture in threaded engagement with the threaded shaft.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the aperture (Lowe, annotated Fig 13 above) of Lowe with a threaded aperture because the substitution of one known aperture (i.e. threaded aperture or non-threaded aperture) for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 20, modified Lowe discloses the bar assembly wherein the mount (Lowe, Fig 13, #101, #201, #301) or (Lowe, Fig 13, #101, #201, #301 & #601) is provided with an aperture (Lowe, Fig 5, #302) (Lowe, annotated Fig 13 below) or (Lowe, Fig 12, #610) (Lowe, annotated Fig 13 below) in cooperation with the threaded shaft (Lowe, Figs 13 & 14, #150, right).
Modified Lowe has been discussed above but does not explicitly teach wherein the wall mount is provided with a threaded aperture in cooperation with the threaded shaft.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the aperture (Lowe, annotated Fig 14 above) of Lowe with a threaded aperture because the substitution of one known aperture (i.e. threaded aperture or non-threaded aperture) for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
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Regarding claim 21, modified Lowe discloses the bar assembly wherein rotation of the threaded shaft (Lowe, Figs 13 & 14, #150, right) in the first rotary direction locks the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) to maintain the position of the bar, and rotation of the threaded shaft (Lowe, Figs 13 & 14, #150, right) in the second rotary direction unlocks the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) to permit linear adjustment of the bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500).
Regarding claim 22, modified Lowe discloses the bar assembly further comprising:
a second wall mount (Lowe, Fig 13, #100 & #200) adapted to contact the planar surface; and
a second threaded shaft (Lowe, Fig 13, #150, left) in cooperation with the second mount (Lowe, Fig 13, #100 & #200), to receive the bar (Lowe, Figs 13 & 14, #700 & #500) for translation, whereby rotation of the second threaded shaft (Lowe, Fig 13, #150, left) or the second mount locks the bar (Lowe, Figs 13 & 14, #700 & #500) to maintain a position of the bar (Lowe, Figs 13 & 14, #700 & #500).
Regarding claim 35, modified Lowe discloses the bar assembly wherein a sleeve aperture (Agor, Fig 2, #3) is formed through the sleeve (Agor, Fig 1, #2).
Regarding claim 36, as best understood. modified Lowe discloses the bar assembly wherein the bar (Lowe, Fig 14, #700) or (Lowe, Fig 14, #700 & #500) is received in the sleeve aperture (Agor, Fig 2, #3).
Regarding claim 37, modified Lowe discloses the bar assembly wherein the bar (Lowe, Fig 14, #700) or (Lowe, Fig 14, #700 & #500) is received through the sleeve aperture (Agor, Fig 2, #3).
Regarding claim 38, modified Lowe discloses the bar assembly wherein a brake aperture (Lowe, aperture of the end cap (Lowe, Fig 13, #400 or #401) that receives the distal end of the threaded shaft (Lowe, Fig 13, #150)) is formed in the sleeve (Agor, Fig 1, #2) intersecting the sleeve aperture (Agor, Fig 1, #2).
Regarding claim 39, modified Lowe discloses the bar assembly wherein the threaded shaft (Lowe, Fig 13, #150) cooperates with the brake aperture (Lowe, aperture of the end cap (Lowe, Fig 13, #400 or #401)) to lock the bar (Lowe, Fig 13, #700) or (Lowe, Fig 13, #700 & #500).
Regarding claim 41, modified Lowe discloses the bar assembly further comprising a post (Lowe, Figs 13 & 14, #156) mounted to the mount to space the sleeve (Agor, Fig 1, #2) away from the planar surface.
Regarding claim 42, modified Lowe discloses the bar assembly further comprising a collar (Lowe, annotated Fig 13 below) extending from the sleeve (Agor, Fig 1, #2) over a distal end of the post (Lowe, Figs 13 & 14, #156).
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Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Lowe 2009/0242713; Agor 4,981,276; and Ramsey 2001/0001197; and further in view of Wu 6,796,442.
Regarding claim 19, modified Lowe has been discussed above but does not explicitly teach wherein the bar assembly further comprising a washer oriented about the threaded shaft.
Wu discloses a bar assembly (Figs 1 & 2) comprising a washer (Fig 1, #63) oriented about a threaded shaft (Fig 1, #60 & #61).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place a washer (Wu, Fig 1, #63) about the threaded shaft (Lowe, Fig 13, #150, right) in order to protect the end of the bushing (Lowe, Fig 13, #601) from wear and/or damage from the fastener head (Lowe, annotated Fig 14 below) rotating.
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Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Lowe 2009/0242713; Agor 4,981,276; and Ramsey 2001/0001197; and further in view of Pan 6,651,830.
Regarding claims 38-40, modified Lowe has been discussed above but does not explicitly teach the bar assembly further comprising a brake received in the brake aperture in cooperation with the threaded shaft to engage the bar (claim 40).
Pan discloses a bar assembly (Figs 4 & 5) comprising a brake aperture (Fig 5, #33) is formed in a sleeve (Figs 4 & 5, #30) intersecting a sleeve aperture (Figs 4 & 5, #32) (claim 38); wherein a shaft (Fig 4, #21) cooperates with the brake aperture (Fig 5, #33) to lock a bar (Fig 4, #41) (claim 39); the bar assembly further comprising a brake (Fig 5, #34) received in the brake aperture (Fig 5, #33) in cooperation with the shaft (Fig 4, #21) to engage the bar (Fig 4, #41) (claim 40).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the distal end of the threaded shaft (Lowe, Fig 13, #150) with a brake (Pan, Fig 5, #34) as taught by Pan substitution of one known connection element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Lowe 2009/0242713; Agor 4,981,276; and Ramsey 2001/0001197; and Pan 6,651,830 and further in view of Bertani 2005/0008444.
Regarding claim 43, modified Lowe has been discussed above but does not explicitly teach wherein the brake is formed from a polymeric material.
Bertani teaches that it is old and well known in the art for screws (Fig 4, V) or threaded shafts (i..e brakes) (Fig 4, #9) to be formed from a polymeric material [0017].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to fabricate the brake (Pan, Fig 5, #34) from a polymeric material (Bertani, [0017]) as taught by Bertani because the substitution of one known (threaded shaft material) for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Response to Arguments
Applicant's arguments filed 09/01/26 have been fully considered but they are not persuasive.
Applicant’s arguments that “Lowe et al., fails to disclose that the rod 700 and insert 500 are adjustable as alleged. In contrast, Lowe et al., discloses that the insert 500 is installed into the catch hole 416. Moreover, Lowe et al., fails to disclose an adjustable bar as claimed. Therefore, the combination of references fails to satisfy the claim limitations; and claim 15 is nonobvious. Further, the combination of references fails to provide an articulated reason why one of ordinary skill in the art would combine three references that do not address adjustability of a wall bar, and then modify the references in order to make the combination adjustable. The only motivation to do SO is impermissibly derived from the teachings of Applicant's specification, not the prior art. Combinability of references does not support an obviousness rejection when there is no reason to do so” are not persuasive.
A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, the examiner maintains that as explained in the rejection of claim 15 above, modified Lowe discloses a bar (Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) received in the sleeve or end cap (Lowe, Fig 13, #400 or #401) in cooperation with the threaded shaft (Lowe, Figs 13 & 14, #150, right) for or capable of translation relative to the threaded shaft (Lowe, Figs 13 & 14, #150, right) for adjustability of a position of the bar (Lowe, Figs 13 & 14, #700) relative to the mount (Lowe, Fig 13, #101 & #201) or (Lowe, Fig 13, #101, #201, & #301). Therefore, no additional references, motivations, or 103 rejections are needed since Lowe the bar Lowe, Figs 13 & 14, #700) or (Lowe, Figs 13 & 14, #700 & #500) of modified Lowe is capable of performing function of translating relative to the threaded shaft (Lowe, Figs 13 & 14, #150, right) for adjustability of a position of the bar (Lowe, Figs 13 & 14, #700) relative to the mount (Lowe, Fig 13, #101 & #201) or (Lowe, Fig 13, #101, #201, & #301).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e.,
Notably, the references do not acknowledge the problem addressed by the present application - the inflexibility of prior art bar assemblies, and obstacles and limits to installation of prior art bar assemblies. (Specification at [0030] and [0041]). Therefore, there is no reason in the combination of references to provide adjustability to a wall bar to address these problems) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 11am-7:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
