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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 42, referred to as a rod securing slot is not currently in the figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Applicant’s specification does not refer to an alignment guide, gripping surface and the bolts adjustable in length as claimed in claims 3-5.
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 3-5 and 7-8 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.
Re. Cl. 3, the limitation “alignment guide” renders the claim indefinite in the Examiner’s position. Applicant’s specification and figures do not make it readily apparent what can be construed as an alignment guide on the front bracket plate and therefore it is unclear what is being claimed in this instance. Appropriate clarification is requested so the metes and bounds of the claim can be ascertained.
Re. Cl. 4, the limitation “gripping surfaces” renders the claim indefinite in the Examiner’s position. Applicant’s specification and figures do not make it readily apparent what can be construed as gripping features on the rear bracket plate and therefore it is unclear what is being claimed in this instance. Appropriate clarification is requested so the metes and bounds of the claim can be ascertained.
Re. Cl. 5, the limitation “the front upper later bolt and the front lower lateral bot are configured to be adjustable in length” renders the claim indefinite in the Examiner’s position. The way the limitation is currently written, it appears as if the bolt have an adjustable length. In other words, the way the limitation is currently written it appears as if the bolts telescope or extend/retract somehow. However, inspection of Applicant’s disclosure, it does not appear the bolts (20, 22) have such a structure since they appear to be typical bolts extending through surfaces (50 and 48). No disclosure is made as to how these bolts are adjustable in length. Therefore, the limitation is indefinite in the Examiner’s position. Appropriate clarification is requested.
Re. Cl. 7, the limitations “position a front bracket plate and a rear bracket plate,” “attaching a left side wall and a right side wall,” “using securing bolts” and one or more front lateral bolts” renders the claim indefinite in the Examiner’s position. Claim 7 includes the limitations set forth in claim 1 and therefore the front backet plate, rear bracket plate, left side wall, right side wall, securing bolt and front lateral bolts are already established. Therefore, Applicant should use antecedent basis language in claim 7 when referencing these structure to avoid any confusion in the claims. It is suggested that the Applicant amend the limitations to better reflect claim 1’s incorporation in claim 7.
Re. Cl. 8, the limitation “tightening the securing rods by rotating securing bolts to increase compression between the front and rear bracket plates” renders the claim indefinite in the Examiner’s position. Applicant illustrates the securing rods as (40,51) and the securing bolts as (32, 35, 34, 36) and the front and rear bracket plates (30, 31). It is unclear how rotating securing bolts (32, 35, 34, 36) which join left and right side walls (16, 18) to the front plate (31) would affect compression between plates (30 and 31). Therefore, it is unclear what Applicant’s limitation is referring to. Appropriate clarification is requested.
Allowable Subject Matter
Claims 1-2 and 6 are allowable over the prior art of record.
The following is a statement of reasons for the indication of allowable subject matter: The specific limitations of “” in the combination of claim 1 are not anticipated or rendered obvious by the prior art of record. Known prior art reference in Anselmo US 2023/0087857, Campbell US 2022/0190462, Christie US 2016/0294036 and Roy US 2017/0264005 disclose bracket assemblies which are relevant to Applicant’s claimed invention but do not anticipate or render obvious the limitations of claim 1. Anselmo discloses a bracket assembly which includes a front bracket plate (4) comprising a front face, a rod securing slot (16), an upper connection plate (upper 14), a lower connection plate (lower 14), a plurality of securing rods (76) extending through the front bracket plate, a left side wall (left 6), a right side wall (right 6), wherein the right and left side walls are attached to the front bracket plate at the upper and lower connection plate (see Fig. 1, via 10), a front upper lateral bolt and a front lower lateral bolt (20s). Campbell discloses a bracket assembly which includes a front bracket plate (13) comprising a vertical front face (face with 31), a rod securing slot (slot where 23 passes through), a rear bracket (15), a plurality of securing rods which extend through the front and rear bracket plate to adjust the distance between the front and rear bracket plates to frictionally fit with a pole (23s), a left side wall and a right side wall secured to the front bracket plate (41s). Christie and Roy disclose other bracket assemblies which are relevant to Applicant’s invention but do disclose all of the structures missing from Anselmo and Campbell in the Examiner’s position. Therefore, it is the Examiner’s position that claim 1 defines over the prior art of record and is in condition for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632