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 § 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.
Claims 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Harris et al. (U.S. 2019/0301710).
Regarding claim 16, Harris et al. teaches a housing 10 for a lighting system, the housing comprising a bottom component 86 defining a lower cavity (defined by 90, 94), and a top component 14 directly coupled to the bottom component via a plurality of fasteners 94, the top component 14 defining an upper cavity adjoining the lower cavity, the top component 14 comprising a base end 22, a second sidewall 34 joined to the base end and surrounding the upper cavity, the second sidewall comprising a plurality of flat sections 38, and a plurality of tabs 54 joined to a bottom end of the second sidewall 34, each tab of the plurality of tabs having a fastener opening at 58 to receive a corresponding fastener 94 of the plurality of fasteners.
Regarding claim 17, each tab 54 of the plurality of tabs is directly coupled to a corresponding flat section 38 of the plurality of flat sections (figure 2).
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.
Claims 2-8, 12, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (U.S. 2019/0301710) in view of Bonazzi (U.S. 6,585,389).
Regarding claim 2, Harris et al. teaches a housing 10 for a lighting system, the housing 10 comprising a bottom component 106 defining a lower cavity, a top component 14 directly coupled to the bottom component and defining an upper cavity adjoining the lower cavity (figure 3), the top component comprising a base end 22, and a second sidewall 38, 34 joined to the base end and surrounding the upper cavity, the second sidewall comprising a plurality of flat sections 38.
Harris et al. discloses the claimed invention except for the first sidewall. Bonazzi teaches that it is known to provide a bottom component with a first sidewall (see element 21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the housing of Harris et al. with the bottom component having a first sidewall, as taught by Bonazzi, in order to receiving and protect the bottom edge of the top component.
Regarding claim 3, the bottom component 106 does not include a knockout (figure 7).
Regarding claim 4, a plurality of knockouts 98 disposed only on the top component (figure 1).
Regarding claim 5, the plurality of knockouts comprises a circular knockout 98 and a Romex knockout (paragraph [0036]; figure 10).
Regarding claim 6, Harris et al. discloses the claimed invention except one embodiment shows the knockouts on the flat section (figure 8 and one embodiment shows the knockouts on the base end (figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the housing of Harris et al. with the knockouts on both the flat section and the base end, as taught by figures 1 and 8 of Harris et al., in order to increase the options for installation and insertion of wiring.
Regarding claim 7, the top component 14 is coupled to the bottom component via a plurality of fasteners 114.
Regarding claim 8, the top component further comprises a plurality of tabs joined to a bottom end of the second sidewall, each tab of the plurality of tabs having a fastener opening to receive a corresponding fastener of the plurality of fasteners (tabs formed in bottom of 14 between the recess openings; fastener openings are vertically extending openings in 34 and elements 36).
Regarding claim 12, the bottom component 106 has a first exterior width, and the top component has a second exterior width less than the first exterior width (figure 7).
Regarding claim 13, the bottom component 106 further comprises a plurality of notches disposed on a bottom end of the first sidewall (as modified by Bonazzi above; notches shown below element 22).
Regarding claim 15, Harris et al. discloses the claimed invention except for the exterior width being between about 4 inches and about 4.5 inches and the exterior height being between about 4 inches and about 5 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the exterior width being between about 4 inches and about 4.5 inches and the exterior height being between about 4 inches and about 5 inches, in order to provide sufficient space to receive and protect a certain amount of wiring and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (U.S. 2019/0301710) in view of Bonazzi (U.S. 6,585,389), as applied to claim 2 above, and further in view of Kay et al. (U.S. 2020/0373747).
Regarding claim 9, the modified housing of Harris et al. discloses the claimed invention except for the hanger assembly. Kay et al. teaches that it is known to provide a housing with a hanger assembly (see figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the hanger assembly, as taught by Kay et al., in order to secure the housing between two supports.
Further regarding claim 9, the first sidewall comprises a first elongated opening configured for attachment to a first bar hanger assembly (figure 3 of Kay et al.), and a second elongated opening disposed diametrically opposite to the first elongated opening and configured for attachment to a second bar hanger assembly (figure 3 of Kay et al.), wherein the first elongated opening and the second elongated opening are configured to facilitate vertical adjustment of the housing with respect to the first bar hanger assembly and the second bar hanger assembly (capable of facilitating vertical adjustment of the housing as it can be fastened at various points on the sidewall).
Regarding claim 10, the first bar hanger assembly coupled to the first elongated opening of the housing (figure 3 of Kay et al.), and the second bar hanger assembly coupled to the second elongated opening of the housing (figure 3 of Kay et al.), wherein each of the first bar hanger assembly and the second bar hanger assembly comprises a bar hanger holder (figure 3 of Kay et al.), and a set of bar hangers (figure 3 of Kay et al.).
Regarding claim 11, the vertical adjustment of the housing is sufficient to accommodate a drywall panel having a thickness ranging between about 0.5 inches to about 1.75 inches (capable of facilitating vertical adjustment of the housing as it can be fastened at various points on the sidewall).
Claims 14 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (U.S. 2019/0301710) in view of Bonazzi (U.S. 6,585,389), as applied to claim 2 above, and further in view of Purves et al. (U.S. 2008/0053698).
Regarding claim 14, the modified housing of Harris et al. discloses the claimed invention except for the ground cable. Purves et al. teaches that it is known to provide a housing with a ground cable (see paragraph [0020]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the ground cable, as taught by Purves et al., in order to provide grounding for the electrical element.
Claims 18 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (U.S. 2019/0301710) in view of Wronski et al. (U.S. 2019/0086043).
Regarding claim 18, Harris et al. discloses the claimed invention except for the multiple pairs of Romex knockouts. Wronski et al. teaches that it is known to provide a bottom component with multiple knockouts and multiple Romex knockouts (see paragraph [0024]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the housing of Harris et al. with the bottom component having a first sidewall, as taught by Wronski et al., in order to receiving and protect the bottom edge of the top component.
Further regarding claim 18, the top component further comprises a first pair of Romex knockouts (as modified by Wronski et al.; paragraph [0024]) disposed on the base end next to a first flat section of the plurality of flat sections, a second pair of Romex knockouts disposed on the base end next to a second flat section of the plurality of flat sections located opposite the first flat section (figure 1 of Wronski et al.), a first circular knockout disposed on the base end between the first pair of Romex knockouts and the second pair of Romex knockouts (see element 114 in figure 1 of Wronski et al.), and a second circular knockout disposed on a third flat section of the plurality of flat sections (see element 116 in figure 1 of Wronski et al.).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Harris et al. (U.S. 2019/0301710) in view of Lund et al. (U.S. 3,675,807), Kay et al. (U.S. 2020/0373747), Wronski et al. (U.S. 2019/0086043) and Purves et al. (U.S. 2008/0053698).
Regarding claim 19, Harris et al. teaches a housing 10 for a lighting system, the housing comprising a bottom component 90 defining a lower cavity (defined by 90 and 94), the bottom component comprising a first sidewall (as modified below) surrounding the lower cavity, and a top component 14 directly coupled to the bottom component via a plurality of fasteners 94, the top component 14 defining an upper cavity adjoining the lower cavity, the top component comprising a base end 22, a second sidewall 34 joined to the base end and surrounding the upper cavity, the second sidewall comprising a plurality of flat sections 38, a plurality of tabs 54, each tab 54 of the plurality of tabs being directly coupled to a corresponding flat section of the plurality of flat sections (figure 2) and having a fastener opening at 58 to receive a corresponding fastener 94 of the plurality of fasteners.
Harris et al. discloses the claimed invention except for the first sidewall, the hanger assembly, the Romex knockouts and the ground cable. Lund et al. teaches that it is known to provide a bottom component with a first sidewall (see element 21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the housing of Harris et al. with the bottom component having a first sidewall, as taught by Lund et al., in order to receiving and protect the edge of the top component.
Kay et al. teaches that it is known to provide a housing with a hanger assembly (see figure 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the hanger assembly, as taught by Kay et al., in order to secure the housing between two supports.
Wronski et al. teaches that it is known to provide a bottom component with multiple knockouts and multiple Romex knockouts (see paragraph [0024]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the bottom component having a first sidewall, as taught by Wronski et al., in order to receiving and protect the bottom edge of the top component.
Purves et al. teaches that it is known to provide a housing with a ground cable (see paragraph [0020]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the ground cable, as taught by Purves et al., in order to provide grounding for the electrical element.
Regarding claim 20, the bottom component 14 further comprises a first pair of diametrically opposed notches (at 41) disposed on a bottom end of the first sidewall, a second pair of diametrically opposed notches (at 41) disposed on a bottom end of the first sidewall, the first pair of notches and the second pair of notches dividing the bottom end into equal quadrants, the housing further comprises a ground cable (as modified by Purves et al. above) directly coupled to the ground connection feature of the base end 22.
Further regarding claim 20, the modified housing of Harris et al. discloses the claimed invention except for the exterior width being between about 4 inches and about 4.5 inches and the exterior height being between about 4 inches and about 5 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the modified housing of Harris et al. with the exterior width being between about 4 inches and about 4.5 inches and the exterior height being between about 4 inches and about 5 inches, in order to provide sufficient space to receive and protect a certain amount of wiring and since a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 21, the first bar hanger assembly coupled to the first elongated opening of the housing, and the second bar hanger assembly coupled to the second elongated opening of the housing, wherein each of the first bar hanger assembly and the second bar hanger assembly comprises a bar hanger holder and a set of bar hangers (as modified by Kay et al. above), and the vertical adjustment of the housing is sufficient to accommodate a drywall panel having a thickness ranging between about 0.5 inches to about 1.75 inches (capable of facilitating vertical adjustment of the housing as it can be fastened at various points on the sidewall, as modified by Kay et al.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited for the structure of the top component.
THIS ACTION IS NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIKI MARINA ELOSHWAY whose telephone number is (571)272-4538. The examiner can normally be reached Monday through Friday 7: 00 a.m. to 3:00 p.m..
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/NIKI M ELOSHWAY/Examiner, Art Unit 3736