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 § 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 15-18, 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).
Regarding claim 18, 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 engagement 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 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 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 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.
Response to Arguments
Applicant's arguments with respect to all claims have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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
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