This is a Non-Final office action for serial number 18960200.
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)(4) because reference character “220” has been used to designate both first rail and second rail. 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.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 12, 15, 16, 17 and 19 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Schroeder 2,441,721. The applicant is reminded that first building structure or second building structure or electrical device are not positively claimed therefore the prior art only need to be capable of performing the functions related to the first building structure or second building structure or electrical device.
Schroeder discloses claims:
12. A bracket assembly to support electrical devices relative to building structures, the bracket assembly comprising: a support bracket including a first bracket member slidably nested with a second bracket member to adjustably provide a range of extension lengths of the support bracket to support an electrical device between a first building structure and a second building structure; and a reinforcement bracket secured to the first bracket member and the second bracket member, the reinforcement bracket including a first reinforcement member telescopically movable relative to a second reinforcement member to provide a range of reinforcement lengths of the reinforcement bracket.
15. The bracket assembly of claim 12, wherein the reinforcement bracket is secured to a first side of the support bracket, and wherein the support bracket is configured to secure the electrical device at a second side of the support bracket, opposite the first side.
16. A method of assembling a bracket assembly comprising: slidably adjusting a first bracket member of a telescoping support bracket nested within a second bracket member relative to the second bracket member; slidably adjusting a first reinforcement member of a telescoping reinforcement bracket nested within a second reinforcement bracket member relative to the second reinforcement bracket member; and securing the telescoping reinforcement bracket to the first bracket member and the second bracket member.
17. The method of claim 16, further comprising nesting the telescoping reinforcement bracket within the telescoping support bracket.
19. The method of claim 16, further comprising securing an electrical device to a front side of the telescoping support bracket; and wherein securing the telescoping reinforcement bracket to the telescoping support bracket includes fastening the telescoping reinforcement bracket to a rear side of the telescoping support bracket, opposite the front side.
[AltContent: textbox (First bracket 10)][AltContent: arrow][AltContent: textbox (Second bracket 11)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (Means to attach electronic device 26)][AltContent: textbox (Secured to via 21)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second reinforcement bracket )][AltContent: textbox (First reinforcement bracket)][AltContent: arrow]
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Claim(s) 1-10 and 12-20 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Wilcox 4,713,949. In regards to claims 1-18 and 20, the applicant is reminded that first building structure or second building structure or electrical device are not positively claimed therefore the prior art only need to be capable of performing the functions related to the first building structure or second building structure or electrical device.
Wilcox discloses claims:
1. A bracket assembly to support electrical devices relative to building structures, the bracket assembly comprising: a support bracket (22b/24b and 22b/24b) configured to support an electrical device (12) between a first building structure (ceiling/left wall/left side of 12) and a second building structure (floor/right wall/left side of 12), the support bracket including a first bracket member (22/24b) securable to the first building structure and a second bracket member securable to the second building structure, the first bracket member (22b/24b) being slidably nested with the second bracket member (22a/24a) to: define an upper rail (22b/22a), and a lower rail (24b/24a) spaced apart from the upper rail to define a bracket opening (between 24b/22b and 22a/24a) and the space between the rails that receives the electrical device (12); and provide telescopic adjustment of a length of the support bracket between the first and second building structures, via telescopic adjustment of the upper and lower rails; and a reinforcement bracket (28b/28a) secured to the first bracket member (22b/24b) and the second bracket member (22a/24a) along one of the upper rail or the lower rail, the reinforcement bracket including a first reinforcement member (one of 22) slidably nested with a second reinforcement member (one of 22) to provide telescopic adjustment of a length of the reinforcement bracket along the one of the upper rail or the lower rail.
2. The bracket assembly of claim 1, wherein the reinforcement bracket (28b/28a) is secured along a rear side of the support bracket (22b/24b and 22a/24a).
3. The bracket assembly of claim 2, wherein the support bracket is configured to secure the electrical device (12) at a front side of the support bracket, opposite the rear side, to provide access to the electrical device via the bracket opening.
4. The bracket assembly of claim 1, wherein the reinforcement bracket (28b/28a) is nested into the first and second bracket members (22b/24b and 22a/24a) along the one of the upper rail (22b/22a) or the lower rail (24b/24a).
5. The bracket assembly of claim 4, wherein the one of the upper rail or the lower rail defines a first cross-sectional profile having a first internal volume; and wherein the reinforcement bracket is positioned partially within the first internal volume and partially outside of the first internal volume.
6. The bracket assembly of claim 5, wherein the one of the upper rail or the lower rail defines an opening into the first internal volume, extending along the length of the support bracket; and wherein the reinforcement bracket includes a protrusion (56a/56b) that extends into the first internal volume through the opening.
7. The bracket assembly of claim 1, wherein, transverse to a telescoping direction of the reinforcement bracket, the reinforcement bracket extends asymmetrically in opposing directions from one or more of: a protrusion of the reinforcement bracket that is nested into the first and second bracket members along the one of the upper rail or the lower rail; or a centerline of the one of the upper rail or the lower rail that extends along a telescoping direction of the support bracket.
8. The bracket assembly of claim 1, wherein the first bracket member includes a plurality of first bracket member holes (70b), wherein the first reinforcement member includes a plurality of first reinforcement member holes (72b, conventional to have slots/holes), and wherein the plurality of first bracket member holes and the plurality of first reinforcement member holes are selectively alignable at a plurality of configurations by telescopic movement of the support bracket and the reinforcement bracket, to cooperatively receive fasteners (70) to secure the first reinforcement member to the first bracket member.
9. The bracket assembly of claim 1, wherein the first reinforcement member (28b) includes a first stop tab (84a/84b), the first stop tab extending to contact the second reinforcement member (28a), wherein the second reinforcement member (28b) includes a second stop tab (82a/82b), the second stop tab (82a/82b) extending to contact the first reinforcement member (28b); and wherein at a first extension length of the reinforcement bracket, the first stop tab (84a/84b) contacts the second stop tab (82a/82b) to block further extension of the reinforcement bracket.
10. The bracket assembly of claim 1, wherein a maximum telescopic length of the reinforcement bracket is at least 50% of a maximum telescopic length of the support bracket.
12. A bracket assembly to support electrical devices relative to building structures, the bracket assembly comprising: a support bracket (22b/24b) including a first bracket member (22b) slidably nested with a second bracket member (22a) to adjustably provide a range of extension lengths of the support bracket to support an electrical device between a first building structure and a second building structure; and a reinforcement bracket (28b) secured to the first bracket member and the second bracket member, the reinforcement bracket including a first reinforcement member (28b) telescopically movable relative to a second reinforcement member (28a) to provide a range of reinforcement lengths of the reinforcement bracket.
13. The bracket assembly of claim 12, wherein the reinforcement bracket further comprises a front protrusion (56b/56a) nested into a rear opening of the support bracket.
14. The bracket assembly of claim 13, wherein, transverse to a telescoping direction of the reinforcement bracket, the reinforcement bracket extends asymmetrically in opposing directions from the front protrusion.
15. The bracket assembly of claim 12, wherein the reinforcement bracket is secured to a first side of the support bracket, and wherein the support bracket is configured to secure the electrical device (12) at a second side of the support bracket, opposite the first side.
16. A method of assembling a bracket assembly comprising: slidably adjusting a first bracket member of a telescoping support bracket nested within a second bracket member relative to the second bracket member; slidably adjusting a first reinforcement member of a telescoping reinforcement bracket nested within a second reinforcement bracket member relative to the second reinforcement bracket member; and securing the telescoping reinforcement bracket to the first bracket member and the second bracket member.
17. The method of claim 16, further comprising nesting the telescoping reinforcement bracket within the telescoping support bracket.
18. The method of claim 17, wherein nesting the telescoping reinforcement bracket within the telescoping support bracket includes positioning a protrusion (56a/56b) of the telescoping reinforcement bracket to extend through an opening in the telescoping support bracket.
19. The method of claim 16, further comprising securing an electrical device (12) to a front side of the telescoping support bracket; and wherein securing the telescoping reinforcement bracket to the telescoping support bracket includes fastening the telescoping reinforcement bracket to a rear side (where 28a/28b is secured via holes (74a/ 74b) to of the telescoping support bracket (24a/24b), opposite the front side.
20. The method of claim 16, wherein adjusting the reinforcement bracket includes aligning a plurality of reinforcement member holes (72a/72b) disposed along the reinforcement bracket with a plurality of bracket member holes (70a/70b) disposed along the support bracket, and further includes inserting a fastener (76) through the aligned reinforcement member holes to secure the reinforcement bracket to the support bracket.
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Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilcox 4,713,949.
Wilcox discloses all of the limitations of the claimed invention except for the second reinforcement member to the lower rail.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Wilcox to have an additional reinforcement member secured to the lower rail since such a modification is a duplication of parts for the purpose of providing additional stability and strength to the device to prevent failure and increase structural integrity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional telescoping devices including reinforcement members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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