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 .
Response to Amendment
The amendment filed on 02/16/2026 has been entered.
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 18-24 are rejected under 35 U.S.C. 103 as being unpatentable over Tilsner (US 4,971,283) in view of Cestari (US 5,077,650).
Regarding claims 18 and 19. Tilsner discloses an inherent method of assembling an in-grade light assembly (40, see Fig. 9, Col. 2; lines 58-68), the method comprising: inserting an inner housing assembly into an open end of an outer structure (niche wall 46, see Fig. 9) having an outer structure axis, the inner housing assembly comprising a body (side wall of the lamp housing) and a clamp (wedge member 11, see Fig. 9). Tilsner further discloses comprising a driving screw (32, see Fig. 9, Col. 3; lines 5-8); wherein rotation of the driving screw causes the wedge member (11) into tight engagement with the niche wall and the lamp.
However, Tilsner fails to disclose or fairly suggest the body having a member fixed relative to the body, the member being positioned to deflect the clamp; and sliding the clamp along the body in a direction parallel to the outer structure axis so as to create an interference fit between the clamp and the outer structure.
Cestari teaches a lighting fixture having an inner housing assembly (5, see Fig. 2) and an outer structure (ceiling 8) having an outer structure axis; wherein the inner housing assembly comprising a body (e.g., a side wall of the housing) and a clamp (10, see Fig. 3); the body having a member (spring means 18, see Fig. 3, Col. 3; lines 49-67) fixed relative to the body, wherein the member (18) positioned to deflect the clamp (10). Cestari further teaches sliding the clamp along the body in a direction parallel to the outer structure axis (see Figs. 3 and 4) to create connection between the clamp (10) and the outer structure (8, see Col. 4; lines 19-35).
Therefore, in view of Cestari, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Tilsner to include a member fixed relatively to the body and positioned to deflect the clamp as suggested by Cestari in order to provide a simple mounting system that enables quick and easy installation of the light fixture. One would have been motivated to make this combination to provide an improved retaining clip mechanism that facilitate efficient installation.
Regarding claim 20. Tilsner further discloses the clamp (11) comprises a tip (end portion of the member 11), and wherein the interference fit is created between the tip and the outer structure.
Regarding claim 21. Tilsner further discloses the rotating the one or more driving screws (32) further secures a cover (mounting strip 43, see Figs. 7 and 9, Col. 2; lines 65-68) to the inner housing assembly.
Regarding claim 22. Tilsner discloses an in-grade light assembly (40, see Fig. 9, Col. 2; lines 58-68) for installation into a structure (niche 46, see Fig. 10, Col. 2; lines 58-68) that has an inner surface, comprising: a body (side wall of the lamp housing); and a clamp (wedge member 11, see Fig. 9) configured to create an interference fit between the clamp and the inner surface of the structure.
However, Tilsner fails to disclose or fairly suggest the body having a member fixed relative to the body and the clamp is configured to be deflected by the member as the clamp slides along the body.
Cestari teaches a lighting fixture having an inner housing assembly (5, see Fig. 2) and an outer structure (ceiling 8) having an outer structure axis; wherein the inner housing assembly comprising a body (e.g., a side wall of the housing) and a clamp (10, see Fig. 3); the body having a member (spring means 18, see Fig. 3, Col. 3; lines 49-67) fixed relative to the body, wherein the member (18) positioned to deflect the clamp (10). Cestari further teaches sliding the clamp along the body in a direction parallel to the outer structure axis (see Figs. 3 and 4) to create connection between the clamp (10) and the outer structure (8, see Col. 4; lines 19-35).
Therefore, in view of Cestari, it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Tilsner to include a member fixed relatively to the body and positioned to deflect the clamp as suggested by Cestari in order to provide a simple mounting system that enables quick and easy installation of the light fixture. One would have been motivated to make this combination to provide an improved retaining clip mechanism that facilitate efficient installation.
Regarding claim 23. Tilsner further discloses the clamp (wedge member 11, see Fig. 9) comprises a tip, and wherein when the clamp slides along the body the tip moves closer to or away from the inner surface of the structure (see Fig. 9).
Regarding claim 24. Tilsner further discloses the structure is a PVC pipe, a conduit, a cored-out hole, a cored-out hole in a paver or concrete, or a hole in wood (see Col. 2; lines 60-68).
Allowable Subject Matter
Claims 1-4, 6-17 are allowed.
The following is an examiner’s statement of reasons for allowance: the claims are allowable based on Applicant’s amendments to independent claim 1. The prior art taken as a whole does not show nor suggest “member positioned to contact a first portion of the clamp as the clamp slides relative to the body so as to deflect a second portion of the clamp towards the inner surface,” as recited in Claim 1.
Response to Arguments
Applicant’s arguments with respect to claims 18-24 have been considered but are moot because a new basis of rejection is being applied in response to the applicant's amendment to the claims.
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 Tsion Tumebo whose telephone number is 571-270-1668. The examiner can normally be reached on 7:30 am to 4:00 pm, Monday thru Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jong-Suk (James) Lee can be reached on (571)272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TSION TUMEBO/
Primary Examiner, Art Unit 2875
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