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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2-11, 12-14, 15, 16, and 20-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-15, 3-5, 16, 17, and 20-25, respectively, of U.S. Patent No. 12,144,449. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the instant application and claim 1 of the related patent each disclose: a mountable bracket comprising: a first leg configured to be coupled to a mounting surface and extended along a first axis, the first leg configured to project from the mounting surface at a first angle to define a first engagement surface, wherein the first angle is in a first plane defined by a second axis and a third axis and is not parallel to the second axis or the third axis, and wherein the first axis, the second axis, and the third axis are mutually orthogonal; a first sub-leg coupled to the first leg and extended along the first axis, the first sub-leg projecting from the first leg at a second angle to define a second engagement surface, wherein the second angle is in the first plane, and wherein the second angle and the first angle are congruent angles on opposite sides of a line parallel to the third axis; a second leg configured to be coupled to the mounting surface and extended along the first axis, the second leg configured to project from the mounting surface at the second angle to define a third engagement surface; and a second sub-leg coupled to the second leg and extended along the first axis, the second sub-leg projecting from the second leg at the first angle relative to the second axis and the third axis to define a fourth engagement surface, wherein the second engagement surface and at least a portion of the first engagement surface form a first mounting rail having a first rail width, wherein the fourth engagement surface and at least a portion of the third engagement surface form a second mounting rail having the first rail width, and wherein the first engagement surface and the third engagement surface form a third mounting rail having a second rail width, the second rail width greater than the first rail width.
Claims 2-11 clearly correspond to claims 6-15, respectively, of the related patent.
Claim 12 corresponds to the combination of claims 2 and 3 of the related patent.
Claim 13 corresponds to the combination of claims 2 and 4 of the related patent.
Claim 14 corresponds to the combination of claims 2 and 5 of the related patent.
Claim 15 of the instant application and claim 16 of the related patent each disclose a system comprising: a first leg configured to be coupled to a mounting surface and extended along a first axis, the first leg configured to project from the mounting surface at a first angle to define a first engagement surface, wherein the first angle is in a first plane defined by a second axis and a third axis and is not parallel to the second axis or the third axis, and wherein the first axis, the second axis, and the third axis are mutually orthogonal; and a first sub-leg coupled to the first leg and extended along the first axis, the first sub-leg projecting from the first leg at a second angle to define a second engagement surface, wherein the second angle is in the first plane, and wherein the second angle and the first angle are congruent angles on opposite sides of a line parallel to the third axis, wherein the second engagement surface and at least a portion of the first engagement surface form a first mounting rail, wherein the first engagement surface and a third engagement surface of a second leg form a second mounting rail, and wherein an attachment structure is configured to mate with at least one of the first mounting rail or the second mounting rail based on an opening width of the attachment structure.
Claim 16 reads on claim 16 of the related patent, less the perforations which are disclosed in claim 17 of the related patent.
Claims 20-25 clearly correspond to claims 20-25, respectively, of the related patent.
Claims 1, 2, 3, 4-7, 15, and 17-20, and 21-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4, 4, 4, 5-8, 16, 18-21, and 23-27 respectively, of U.S. Patent No. 11,700,962. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the instant application and claim 4 of the related patent each disclose: a mountable bracket comprising: a first leg configured to be coupled to a mounting surface and extended along a first axis, the first leg configured to project from the mounting surface at a first angle to define a first engagement surface, wherein the first angle is in a first plane defined by a second axis and a third axis and is not parallel to the second axis or the third axis, and wherein the first axis, the second axis, and the third axis are mutually orthogonal (claim 1); a first sub-leg coupled to the first leg and extended along the first axis, the first sub-leg projecting from the first leg at a second angle to define a second engagement surface, wherein the second angle is in the first plane, and wherein the second angle and the first angle are congruent angles on opposite sides of a line parallel to the third axis (claim 1); a second leg configured to be coupled to the mounting surface and extended along the first axis, the second leg configured to project from the mounting surface at the second angle to define a third engagement surface (claim 4); and a second sub-leg coupled to the second leg and extended along the first axis, the second sub-leg projecting from the second leg at the first angle relative to the second axis and the third axis to define a fourth engagement surface, wherein the second engagement surface and at least a portion of the first engagement surface form a first mounting rail having a first rail width, wherein the fourth engagement surface and at least a portion of the third engagement surface form a second mounting rail having the first rail width, and wherein the first engagement surface and the third engagement surface form a third mounting rail having a second rail width, the second rail width greater than the first rail width (claim 4).
Claim 2 reads on claim 1, lines 18-20 and 22-25, of the related patent.
Claim 3 reads on claim 4, lines 2-8, of the related patent.
Claims 4-7 clearly correspond to claims 5-8, respectively, of the related patent.
Claim 15 of the instant application and claim 16 of the related patent each disclose a system comprising: a first leg configured to be coupled to a mounting surface and extended along a first axis, the first leg configured to project from the mounting surface at a first angle to define a first engagement surface, wherein the first angle is in a first plane defined by a second axis and a third axis and is not parallel to the second axis or the third axis, and wherein the first axis, the second axis, and the third axis are mutually orthogonal; and a first sub-leg coupled to the first leg and extended along the first axis, the first sub-leg projecting from the first leg at a second angle to define a second engagement surface, wherein the second angle is in the first plane, and wherein the second angle and the first angle are congruent angles on opposite sides of a line parallel to the third axis, wherein the second engagement surface and at least a portion of the first engagement surface form a first mounting rail, wherein the first engagement surface and a third engagement surface of a second leg form a second mounting rail, and wherein an attachment structure is configured to mate with at least one of the first mounting rail or the second mounting rail based on an opening width of the attachment structure.
Claims 17-20 and 21-25 clearly correspond to claims 18-21 and 23-27, respectively, of the related patent.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationship is between the second leg 314 (line 15) and the system. It appears the mount member 310 must be claimed as it is required to structurally associate the second leg 314 to the system in conjunction with the claimed first leg 312. Further, the mount member 310 allows for coupling the first leg 312 to a mounting surface (line 2). See Figs. 3A-3B. The applicant is advised claim 16, lines 3 and 6-7, provides sufficient structural cooperation, namely “a mount member configured to be attached to the mounting surface,…” and “the first leg coupled to the mount member; the second leg coupled to the mount member…”. The inclusion of such language into claim 15 would receive favorable consideration.
Claims 16-25 are rejected under 35 U.S.C. 112(b) as they depend from a rejected claim.
Allowable Subject Matter
Upon filing approved terminal disclaimers respecting U.S. Patent No. 12,144,449 and U.S. Patent No. 11,700,962, claims 1-14 would be allowable.
Upon filing approved terminal disclaimers respecting U.S. Patent No. 12,144,449 and U.S. Patent No. 11,700,962, claims 15-25 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Keski-Luopa (US#2011/0017530) represents the closest prior art of record and discloses a mountable bracket 1 (Figs. 6-7) comprising:
a first upper leg configured to be coupled to a mounting surface via frame 2 and extended along a first axis, to define a first engagement surface;
a first sub-leg 5,51 coupled to the first leg and extended along the first axis, the first sub-leg projecting downward from the first leg at an angle to define a second engagement surface adjacent the first engagement surface;
a second lower leg configured to be coupled to the mounting surface via frame 2 and extended along the first axis, the second leg configured to project from the mounting surface to define a third engagement surface;
and a second sub-leg 4,41 coupled to the second leg and extended along the first axis, the second sub-leg projecting upward from the second leg at an angle to define a fourth engagement surface adjacent the third engagement surface,
wherein the second engagement surface and at least a portion of the first engagement surface form a first mounting rail having a first rail width, wherein the fourth engagement surface and at least a portion of the third engagement surface form a second mounting rail having the first rail width,
an attachment structure 115 (pin) is configured to mate with at least one of the first mounting rail or the second mounting rail (see Fig. 7a and receiving space 45) based on a width (diameter) of the attachment structure.
See annotated Figure 6d below:
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Regarding claim 1, Keski-Luopa and the remaining prior art fails to disclose or suggest the collective following: the first leg configured to project from the mounting surface at a first angle to define the first engagement surface, wherein the first angle is in a first plane defined by a second axis and a third axis and is not parallel to the second axis or the third axis, and wherein the first axis, the second axis, and the third axis are mutually orthogonal; the first sub-leg projecting from the first leg at a second angle to define the second engagement surface, wherein the second angle is in the first plane, and wherein the second angle and the first angle are congruent angles on opposite sides of a line parallel to the third axis; the second leg configured to project from the mounting surface at the second angle to define the third engagement surface; the second sub-leg projecting from the second leg at the first angle relative to the second axis and the third axis to define the fourth engagement surface, and wherein the first engagement surface and the third engagement surface form a third mounting rail having a second rail width, the second rail width greater than the first rail width.
It is noted in claim 1 the identification of widths via the phrases “first rail width” and “second rail width” is merely the labeling of two distinct width dimensions, not a particular rail.
Regarding claim 15, Keski-Luopa and the remaining prior art fails to disclose or suggest the collective following: the first leg configured to project from the mounting surface at a first angle to define a first engagement surface, wherein the first angle is in a first plane defined by a second axis and a third axis and is not parallel to the second axis or the third axis, and wherein the first axis, the second axis, and the third axis are mutually orthogonal; the first sub-leg projecting from the first leg at a second angle to define the second engagement surface, wherein the second angle is in the first plane, and wherein the second angle and the first angle are congruent angles on opposite sides of a line parallel to the third axis, wherein the first engagement surface and the third engagement surface of the second leg form a second mounting rail, and wherein the attachment structure is configured to mate with at least one of the first mounting rail or the second mounting rail based on an opening width of the attachment structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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