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 .
Application Status
Claims 1-16, 18-25, 27-32 and 35 are pending and have been examined in this application
Claims 1, 12, 25, 27 and 35 were previously presented; claims 2-7, 10-11, 13-16, 18, 21-24 and 28-30 are original; claims 17, 26 and 33-34 are cancelled;
Claims 1-16, 18-25, 27-35 are rejected herein
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered.
Information Disclosure Statement
As of the date of this action, information disclosure statements (IDS) have been filed on 03/06/2025, 03/27/2025, 05/09/2025 and on 06/05/2025 and reviewed by the Examiner.
Response to Arguments
Applicant’s arguments with respect to claims 1-16, 18-25, 27-32 and 35 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The disclosure is objected to because of the following informalities:
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Proper antecedent basis should be provided for the “tail portion”, “elongated base”, “a bracket or strut”, “cantilever beam” and the “support arm”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recitation of claims 6, 12-24, 28, and 35 wherein “…a generally flat tail portion (18) extending from the base portion to the second end of the base….” Renders the claim indefinite because in light of the disclosure it is unclear what part of the invention the Applicant is claiming a flat tail portion and how it extends form the base portion to the second end of the base portion.
Dependent claims not cited above are rejected for the reasons noted above.
Appropriate correction/explanation is required.
Claim Rejections - 35 USC § 102/103
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 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 pre-AIA 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.
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 1, 4, 6-7, 11-12, 15-16, 18-19, 22-24 and 35 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by or alternatively under 35 U.S.C. 103 as being obvious over Adams (U.S. Pat. No. 8888337 B2).
Regarding claim 1, Adams teaches a clip for holding a light bulb for display on a gutter, shingle, or other structure, the clip comprising:
an elongated base (20) having a first end and a second end;
a support arm (23) having a first end and a second end spaced away from the first end of the support arm, the first end of the support arm being connected to the second end of the base;
a cantilever beam (24) having a first end and a second end, the first end of the cantilever beam being connected to the support arm, the cantilever beam extending away from the support arm in a first direction to the second end of the cantilever beam, the second end of the cantilever beam being disposed over the base, the second end of the cantilever beam and the base cooperatively defining a gap therebetween that enables receiving an object thickness into the gap, the cantilever beam being elastically deformable (inherent/at least to some extent see Fig. 2 for receiving the structure’s depth/thickness) to accommodate objects of different thicknesses being received into the gap; and
a bulb holder (2) being attached to the support arm (23), the bulb holder defining a through-hole (11 and/or 12) being configured to receive and hold a portion of a light bulb in the bulb holder [capable/intended use], the bulb holder being attached to the support arm between the first end of the cantilever beam (24) and the second end of the base (20) wherein the bulb holder is attached to the support arm at an intermediate portion (central portion of 23) of the support arm spaced from both the first and second ends of the support arm, the support arm and the bulb holder sharing a common portion where the bulb holder is attached to the support arm;
the bulb holder comprising a pair of arcuate outer wall portions (7, 8) extending from respective opposite sides of the common portion of the bulb holder and the support arm; and
the bulb holder extending away from the support arm in a second direction substantially opposite to the first direction.
Regarding claim 4, Adams teaches clip formed as a one-piece injection-molded member (Col. 3; lines 48-49).
Regarding claim 5, Adams teaches the clip formed from a resin, synthetic resin, a resin material, or mixture of resins (Col. 3; line 50, polypropylene is a resin material).
Regarding claim 6, Adams teaches the base (20) comprises a generally flat base portion extending from the support arm (23) along the base axis and a generally flat tail portion (tail at 21) extending from the base portion to the second end of the base, the tail portion extending away from the cantilever beam as the tail portion extends towards the second end of the base.
Regarding claim 7, Adam teaches the support arm (23) extends along a first axis (longitudinal axis) from the first end to the second end of the support arm, and the bulb holder through-hole (central hole of 11, 12) extends along a second axis (central axis of 11, 12 connecting one another) that is substantially parallel to the first axis.
Regarding claim 8, Adams teaches the at least one gusset (3) attached to the bulb holder (2) and to the support arm (23)
Regarding claim 11, Adam teaches the cantilever beam (24) extends (in thickness) along an axis (vertical axis), the bulb holder not disposed on the axis.
Regarding claim 12, Adams teaches a clip for holding a light bulb for display on a gutter, shingle, or other structure, the clip comprising:
an elongated base (20) having a first end and a second end;
a support arm (23) having a first end and a second end spaced away from the first end of the support arm, the first end of the support arm being connected to the second end of the base;
a cantilever beam (24) having a first end and a second end, the first end of the cantilever beam being connected to the support arm, the cantilever beam extending away from the support arm in a first direction to the second end of the cantilever beam, the second end of the cantilever beam being disposed over the base, the second end of the cantilever beam and the base cooperatively defining a gap (gap that permit insertion of structure as shown in Fig. 2) therebetween that enables receiving an object thickness into the gap, the cantilever beam being elastically deformable [at least to some extent see Fig. 2 for configuration] to accommodate objects of different thicknesses being received into the gap; and
a bulb holder (2) being attached to the support arm, the bulb holder defining a through-hole (11, 12) being configured to receive and hold a portion of a light bulb in the bulb holder;
the bulb holder comprising a pair of arcuate outer wall portions (7, 8) extending from respective opposite sides of the support arm; and
the bulb holder extending away from the support arm in a second direction substantially opposite to the first direction; and
wherein the base comprises a generally flat base portion (portion of 20) extending from the support arm along the base axis and a generally flat tail portion (portion having 21) extending from the base portion to the second end of the base, the tail portion extending away from the cantilever beam as the tail portion extends towards the second end of the base (see Figs. 1-2 for configuration).
Regarding claims 15, Adams teaches the clip formed as a one-piece injection-molded member (Col. 3; lines 48-49).
Regarding claim 16, Adams teaches the clip formed from a resin, synthetic resin, a resin material, or mixture of resins (Col. 3; line 50, polypropylene is a resin material).
Regarding claim 18, Adams teaches the support arm (23) extends along a first axis (longitudinal axis of 23) from the first end to the second end of the support arm, and the bulb holder through-hole (11, 12) extends along a second axis (axis of 11, 12 connecting one another) that is substantially parallel to the first axis.
Regarding claim 19, Adams teaches at least one gusset (3) attached to the bulb holder (2) and to the support arm (23).
Regarding claim 22, Adams teaches the cantilever beam (24) extends along an axis (central horizontal axis of 24), the bulb holder (2) not disposed on the axis.
Regarding claim 23, Adams teaches the bulb holder (2) is attached to the support arm (23) between the first end of the cantilever (24) beam and the second end of the base (20).
Regarding claim 24, Adams teaches the bulb holder (2) is attached to the support arm (23) at an intermediate portion (central portion of 23) of the support arm (23) spaced from both the first and second ends of the support arm.
Regarding claim 35, Adams teaches a clip for holding a light bulb for display on a gutter, shingle, or other structure, the clip comprising:
an elongated body (20) having a first end and a second end;
a bracket or strut (23) having a first end and a second end spaced away from the first end of the bracket or strut, the first end of the bracket or strut being connected to the second end of the elongated body;
a cantilever (24) having a first end and a second end, the first end of the cantilever being connected to the bracket or strut, the cantilever extending away from the bracket or strut in a first direction to the second end of the cantilever, the second end of the cantilever being disposed over the elongated body, the second end of the cantilever and the elongated body cooperatively defining a distance therebetween that enables receiving an object thickness into the distance, the clip configured to elastically deform [at least to some extent] to accommodate a gutter, eave, or structure being received into the distance (see Fig. 1-2 for configuration); and
a bulb holder (2) being attached to the bracket or strut, the bulb holder defining a hole (11, 12) being configured to receive and hold a portion of a bulb in the bulb holder [capable];
the bulb holder comprising a pair of arcuate outer wall portions (7, 8) extending from respective opposite sides of the bracket or strut; and
the bulb holder extending away from the bracket or strut in a second direction substantially opposite to the first direction; and
wherein the base comprises a generally flat base portion (portion of 20) extending from the support arm along the base axis and a generally flat tail portion (portion comprising 21) extending from the base portion to the second end of the base, the tail portion extending away from the cantilever beam as the tail portion extends towards the second end of the base.
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over Adams (U.S. Pat. No. 8888337 B2) in view of Gary (U.S. Design Pat. No. D427510).
Regarding claim 20, Adams teaches the base and the support arm. However, Adam is silent to disclose at least one gusset attached to the base and to the support arm. Gary teaches at least one gusset attached to the base and to the support arm see e.g., annotated figure below:
PNG
media_image1.png
448
582
media_image1.png
Greyscale
Alternatively, claims 1, 4, 7, 10-12, and 21 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Schroetter (U.S. Pat. Pub. No. 20020186562 A1) or alternatively under 35 U.S.C. 103 as being obvious over Gary (U.S. Pat. Pub. No. D376535) in view of Protz (U.S. Pat. No. 5566058).
Regarding claim 1, Schroetter teaches a clip for holding a light bulb for display on a gutter, shingle, or other structure, the clip comprising:
an elongated base (16) having a first end and a second end;
a support arm (14) having a first end and a second end spaced away from the first end of the support arm, the first end of the support arm being connected to the second end of the base (via other parts);
a cantilever beam (12) having a first end and a second end, the first end of the cantilever beam being connected to the support arm, the cantilever beam extending away from the support arm in a first direction to the second end of the cantilever beam, the second end of the cantilever beam being disposed over the base, the second end of the cantilever beam and the base cooperatively defining a gap (gap receiving 34) therebetween that enables receiving an object thickness into the gap, the cantilever beam being elastically deformable (at least to some extent) to accommodate objects of different thicknesses being received into the gap; and
a bulb holder (24) being attached to the support arm, the bulb holder defining a through-hole (central opening defined by 24) being configured to receive and hold a portion of a light bulb in the bulb holder, the bulb holder being attached to the support arm between the first end of the cantilever beam (12) and the second end of the base (16) wherein the bulb holder is attached to the support arm at an intermediate portion (central portion of 14) of the support arm spaced from both the first and second ends of the support arm, the support arm and the bulb holder sharing a common portion where the bulb holder is attached to the support arm;
the bulb holder comprising a pair of arcuate outer wall portions (24 top, 24 bottom) extending from respective opposite sides of the common portion of the bulb holder and the support arm; and
the bulb holder extending away from the support arm in a second direction substantially opposite to the first direction. Schroetter teaches the cantilever beam being elastically deformable as noted above. Assuming arguendo Gary is silent to specifically disclose the elasticity. Protz teaches the cantilever beam (67) being elastically deformable (Protz; Col. 4; line 63).
Schroetter and Protz are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the cantilever beam of Gary being elastically deformable. The motivation would have been to accommodate various thicknesses.
Regarding claim 4, Schroetter teaches the clip formed as a one-piece injection-molded member (see Fig. 2 for configuration).
Regarding claim 7, Schroetter teaches the support arm (14) extends along a first axis (longitudinal axis of 14) from the first end to the second end of the support arm, and the bulb holder through-hole (central hole defined by 24) extends along a second axis (vertical axis of 24) that is substantially parallel to the first axis.
Regarding claim 10, Schroetter teaches there is no neck connecting the bulb holder (24) to the support arm (14).
Regarding claim 11, Schroetter teaches the cantilever beam (12) extends (in thickness) along an axis (longitudinal axis of 12), the bulb holder not disposed on the axis.
Regarding claim 12, Schroetter teaches a clip for holding a light bulb for display on a gutter, shingle, or other structure, the clip comprising:
an elongated base (16) having a first end and a second end;
a support arm (14) having a first end and a second end spaced away from the first end of the support arm, the first end of the support arm being connected to the second end of the base;
a cantilever beam (12) having a first end and a second end, the first end of the cantilever beam being connected to the support arm, the cantilever beam extending away from the support arm in a first direction to the second end of the cantilever beam, the second end of the cantilever beam being disposed over the base, the second end of the cantilever beam and the base cooperatively defining a gap (gap that permit insertion of structure as shown in Fig. 2) therebetween that enables receiving an object thickness into the gap, the cantilever beam being elastically deformable [at least to some extent see Fig. 2 for configuration] to accommodate objects of different thicknesses being received into the gap; and
a bulb holder (22) being attached to the support arm, the bulb holder defining a through-hole (hole defined by 24) being configured to receive and hold a portion of a light bulb in the bulb holder;
the bulb holder comprising a pair of arcuate outer wall portions (24) extending from respective opposite sides of the support arm; and
the bulb holder extending away from the support arm in a second direction substantially opposite to the first direction; and
wherein the base comprises a generally flat base portion (portion of 16) extending from the support arm along the base axis and a generally flat tail portion (18) extending from the base portion to the second end of the base, the tail portion extending away from the cantilever beam as the tail portion extends towards the second end of the base (see Figs. 1-2 for configuration). Schroetter teaches the cantilever beam being elastically deformable as noted above. Assuming arguendo Gary is silent to specifically disclose the elasticity. Protz teaches the cantilever beam (67) being elastically deformable (Protz; Col. 4; line 63).
Schroetter and Protz are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a structure for supporting an object. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the cantilever beam of Gary being elastically deformable. The motivation would have been to accommodate various thicknesses.
Regarding claim 21, Schroetter teaches wherein there is no neck connecting the bulb holder (22) to the support arm (14).
Allowable Subject Matter
Claim 2-3, 8-9, 13-14, and 19-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 12-16, 25, 27-30, 31, 32 and 35 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/Primary Examiner, Art Unit 3631