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 .
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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Felt (US 2019/0257502 A1) in view of Gary (US 5249108).
With respect to claim 1: Felt teaches “a light clip (1), comprising: a roof covering socket mount (10+12), further comprising; an inline collar (12) structurally configured to at least partially encircle a light in a socket (20) mounted in the roof covering socket mount (see Figs. 11); opposing side supports (7a, 7b, and the two sided of 8 extending therefrom) coupled to and extending from the inline collar (see Figs. 3, 4) and spaced apart sufficiently to contain a light socket (see Figs. 11); opposing bottom side supports (2a, 2b) coupled to the opposing side supports at the inline collar end and extending from the inline collar substantially parallel to the opposing side supports to form a channel to receive a roof covering therebetween (channel bounded by 2, 7, 8, 9; see Figs. 5, 6); and a securing clip (18) coupled to the opposing bottom side supports that is angled upward toward the opposing side supports (see Figs. 5, 6), such that, when a roof structure is positioned in the channel, the securing clip is elastically deformed beneath the roof structure to secure the light clip (paragraphs 31, 39); and a gutter socket mount (17), further comprising; a gutter collar (3, 17b) formed between the opposing bottom supports (see Figs. 3, 4) and oriented such that a mounted light socket would be positioned between the opposing side supports (see Figs. 7, 8; any light socket going through either opening 3 or 17b would be between the side supports, and the phrasing “such that a mounted light socket would be positioned between the opposing side supports” does not require that a light socket actually be mounted in the gutter collar), and a parallel offset (9) of the opposing side supports providing a gutter rest structurally configured to rest on a gutter top and run along an inside edge of the gutter (see Figs. 5, 6) and the securing clip is elastically deformed on an outside surface of the gutter to secure the light clip (paragraph 31)”.
Felt does not teach that the “gutter collar configured to at least partially encircle a light in a socket mounted in the gutter socket mount”.
However, Gary teaches a light clip having two collars (40, 42) connected by opposing supports (see Fig. 1), both collars configured to at least partially encircle a light in a socket (50) mounted in the gutter socket mount (see Figs. 3, 4).
It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the light clip of Felt with the second gutter collar configured to encircle a second light of Gary in order to provide improved design flexibility by allowing the use of different sizes of bulbs in differing orientations (Gary column 1 lines 30-35, column 2 lines 33-38).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mann et al. (US 5542636), which teaches a light clip.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL J. LEE whose telephone number is (571)270-5721. The examiner can normally be reached 9-5 EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ABDULMAJEED AZIZ can be reached at (571)270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL J LEE/ Examiner, Art Unit 2875
/EVAN P DZIERZYNSKI/ Primary Examiner, Art Unit 2875
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