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 .
This is the first office action for application number 19/060,302, GRAB BAR ASSEMBLY, filed on February 21, 2025.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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, 2, 4, 5, 8, 13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 10,309,584 to Johnson et al., hereinafter, Johnson. Johnson discloses an accessory mounting assembly for mounting an accessory (40) on a grab bar (50), the accessory mounting assembly comprising: an accessory mount (20) configured to releasably couple to the accessory; and a mounting bracket assembly comprising: a first mounting portion (15) coupled to the accessory mount, and a second mounting portion (10) releasably coupled to the first mounting portion; wherein when the second mounting portion is coupled to the first mounting portion, the first mounting portion and the second mounting portion collectively define a bar opening configured to receive a portion of the grab bar to couple the accessory mounting assembly to the grab bar; wherein the mounting bracket assembly comprises a lock assembly (11a, 11b, 12a, & 12b) adjustable between a first configuration that couples the second mounting portion to the first mounting portion and a second configuration that releases the second mounting portion from the first mounting portion; wherein the portion of the grab bar is positioned between the first mounting portion and the second mounting portion when the portion of the grab bar is received within the bar opening; wherein the first mounting portion and the second mounting portion slidably couple the accessory mounting assembly to the grab bar when the portion of the grab bar is received within the bar opening; and wherein the first mounting portion defines a first aperture extending at least partially through the first mounting portion; and the second mounting portion defines a second aperture extending at least partially through the second mounting portion, the second aperture configured to selectively align with the first aperture to receive a fastener to couple the second mounting portion to the first mounting portion.
In regards to claims 13 and 15, Johnson discloses a grab bar assembly comprising: a grab bar (50) configured to be coupled to a surface; and an accessory mounting assembly configured to mount an accessory (40) on the grab bar, the accessory mounting assembly comprising: an accessory mount (20) configured to releasably couple to the accessory, a mounting bracket assembly comprising: a first mounting portion (15) coupled to the accessory mount, the first mounting portion defining a first aperture; and a second mounting portion (10) defining a second aperture, and a lock assembly (11a, 11b, 12a, & 12b) configured to selectively align with and extend through the first aperture and the second aperture to selectively couple the second mounting portion to the first mounting portion, the lock assembly adjustable between a first configuration that couples the second mounting portion to the first mounting portion and a second configuration that releases the second mounting portion from the first mounting portion, wherein the first mounting portion and the second mounting portion releasably couple the accessory mounting assembly to the grab bar when a portion of the grab bar is positioned between the first mounting portion and the second mounting portion and the lock assembly is in the first configuration; and wherein when the lock assembly is in the first configuration, the first mounting portion and the second mounting portion collectively define a bar opening that receives the portion of the grab bar, the bar opening extending in a first direction parallel to a longitudinal axis of the grab bar.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson. Johnson discloses the claimed invention except for the limitation of wherein the grab bar is a rectangular grab bar; and the bar opening is a rectangular grab bar opening to interface with the rectangular grab bar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the grab bar in Johnson to have been rectangular, since such a modification would have merely involved a change in shape and would not have yielded any unpredictable results. In re Dailey, 149 USPQ 47 (CCPA 1976).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of U.S. Patent Application Publication No. 2012/0153095 to Child et al., hereinafter, Child. Johnson further discloses wherein the first mounting portion comprises a first mounting body; and the second mounting portion comprises a second mounting body. Johnson discloses the claimed invention except for the limitations of at least one of the first mounting portion or the second mounting portion comprises a compressible element positioned between at least one of (i) the first mounting body and the portion of the grab bar or (ii) the second mounting body and the portion of the grab bar, the compressible element configured to be compressed between the at least one of (i) the first mounting body and the portion of the grab bar or (ii) the second mounting body and the portion of the grab bar to inhibit movement of the accessory mounting assembly relative to the grab bar.
Child teaches a mounting assembly (10) having a first mounting portion (16) comprising a first mounting body, a second mounting portion (18) comprising a second mounting body, and at least one of the first mounting portion or the second mounting portion comprises a compressible element (14) positioned between at least one of (i) the first mounting body and the portion of the grab bar or (ii) the second mounting body and the portion of the grab bar, the compressible element configured to be compressed between the at least one of (i) the first mounting body and the portion of the grab bar or (ii) the second mounting body and the portion of the grab bar to inhibit movement of the accessory mounting assembly relative to the grab bar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the mounting assembly in Johnson to have included the compressible element as taught by Child for the purpose of preventing marring of the grab bar and/or isolating vibrations that may stem from the environment wherein the mounting assembly is employed.
Allowable Subject Matter
Claims 7, 9-12, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 17-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the limitation of an engagement assembly adjustable between a first configuration where the engagement assembly engages the portion of the grab bar to inhibit movement of the accessory mounting assembly relative to the grab bar and a second configuration where the engagement assembly releases the portion of the grab bar, included in independent claim 17 and in combination with the other elements recited in the claim, which is not found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 9,682,759 to Huntley is directed to an attachment device having first and second mounting portions and an insert for engaging a cylindrical object. U.S. Patent No. 7,766,291 to Eilmus et al., is directed to a slid bar assembly having a slide bar supporting a bracket assembly. U.S. Patent No. 6,719,255 to Chen is directed to a device including a clamping assembly with two mounting portions. The remaining prior art are all directed to clamping assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA M KING whose telephone number is (571)272-6817. The examiner can normally be reached M-F 7:30am-4:00pm.
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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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/ANITA M KING/ Primary Examiner, Art Unit 3632 June 27, 2026
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