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 18/930,362, VENTILATION FAN INSTALLATION SYSTEM, filed on October 29, 2024. This application is a continuation of application no. 18/130,379 filed April 3, 2023.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21 and 23-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,529,799 to Schaefer. Schaefer discloses an assembly (10) comprising: a first bracket (20) including a first member (28) and a first flange (21) extending from the first member and including a first engagement surface (32); a second bracket (40) including a second member (42) and a second flange (52) extending from the second member and including a second engagement surface (49); wherein in an installed configuration, the first bracket is secured to the second bracket; the first engagement surface faces the second engagement surface; the first engagement surface and the second engagement surface are movable towards each other; movement of the first engagement surface away from the second engagement surface is prevented; wherein at least one of the first bracket or the second bracket is made of plastic (Col. 2, lines 14-24); wherein the first member and the first flange are made of a single piece, unitary construction; wherein the second member and the second flange are made of a single piece, unitary construction; further comprising a lock (30 or 50) configured to secure the first bracket to the second bracket; and wherein the first member includes a plurality of teeth (30) configured to engage with the lock.
Claim(s) 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 5,879,232 to Luter, II et al., hereinafter, Luter. Luter inherently discloses a method comprising: installing a first bracket (32) to a housing (20) of a ventilation fan assembly (10); resting an engagement surface of the first bracket on a ceiling panel (58); inserting a second bracket (34 & 68) into a portion (70) of the first bracket; and installing a fan cover (16).
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) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaefer. Schaefer discloses the claimed invention except for the limitation of the first bracket and the second bracket are different colors.
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 the color of the first bracket to be different from the color of the second bracket for the purpose of making a quick distinction between the brackets during installation and since such a modification would not have yielded any unpredictable results.
Allowable Subject Matter
Claims 28-38 are allowed.
Claim 40 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 limitations of a ventilation fan assembly having a housing with a plurality of apertures, an installation assembly having a first bracket having a first flange with a first engagement surface, a second bracket with a second engagement surface, wherein in an installed configuration, the second bracket is inserted through a first of the plurality of apertures, the first engagement surface and the second engagement surface are movable towards each other, included in independent claim 28 and in combination with the other elements in the claim, which is not found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 6,527,244 to Kamenstein et al. is directed to an assembly for hanging an object, including a base with locking grooves that is mounted to the vertical support and a wheel disposed on the base and which is movable thereon.
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/ANITA M KING/ Primary Examiner, Art Unit 3632 March 7, 2026