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 .
Election/Restrictions
Applicant’s election without traverse of Species VI in the reply filed on 2/19/2026 is acknowledged. Claims 5-14 are withdrawn. Claims 1-4 are pending and examined below.
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) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stechmann (U.S. Publication No. 2020/0408335).
Regarding claim 1, Stechmann discloses a curvature adjustable magnetic strut (Fig. 20A), comprising a strut section (213, Fig. 18C) having a upper portion and a lower portion, and a spanning base plate member (230, 234) having an upper surface and a lower surface, wherein said strut section lower portion is secured to said spanning base plate member upper surface; two bracket assemblies (53, 224, 228) having an upper portion and lower portion wherein said two bracket assemblies upper portion each includes a hinge (53) thereon, and said hinge is affixed to said lower surface of said spanning plate member (the examiner considers the hinge to be affixed via the fasters to both the top and lower surfaces); two magnet base plates (224, 228) secured to said two bracket assemblies lower portion (the examiner considers the lower portion to be relative and considers the outermost portions to be the lower portion); and two magnets (240) affixed to each of said two magnet base plates; wherein said bracket assemblies are curvature adjustable by rotation about the hinges thereon.
Regarding claim 4, Stechmann discloses said two magnets (240) affixed to said magnet base plate (224, 228) are affixed to the magnet base plate are affixed to the magnet base plate using retaining screws and corresponding magnet retaining nuts (Fig. 20A).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stechmann (U.S. Publication No. 2020/0408335).
Regarding claim 2, Stechmann discloses the strut section as set forth above, but does not disclose the strut section including a slotted strut having a plurality of orifices, and is secured to said spanning plate member using strut securing bolts and corresponding strut securing nuts. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have had a strut that was a U-shaped channel with a plurality of orifices used in combination with the base plate to secure any external component as a well-known structure used to affix external components.
Regarding claim 3, Stechmann discloses said hinge includes a hinge pin bolt (Fig. 20A), but does not necessarily disclose a hinge pin nut, and further wherein said hinge is secured to said spanning plate member by welding. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used a nut to secure the bolt and welding over fastening as an alternative securing option to affix the hinge assembly to the spanning plate.
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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
