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 .
Status of the Application
Claims 1-20 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, the Information Disclosure Statement(s) (IDS) filed on 03/10/2026 has/have been taken into account.
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.
(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.
Claims 6-9 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dinse et al. (DE 20 2013 102 821).
In regards to Claim 6, Dinse discloses a mounting system for equipment, the mounting system comprising: a bracket that includes a support member (Dinse: Annotated Fig. 2; S1), a first cross bar (Dinse: Fig. 2; 20a) that extends in a lateral direction, supported by the support member, and a second cross bar (Dinse: Fig. 2; 20b) that extends in the lateral direction, supported by the support member; and an arm (Dinse: Fig. 1-2; 40) that includes a first end (Dinse: Annotated Fig. 1; Ea) with a first anchor feature (Dinse: Fig. 1; 40a) and a second end (Dinse: Annotated Fig. 1; Eb) configured to be secured to equipment; the first anchor feature removably engaging one of the first cross bar or the second cross bar to secure the arm to the bracket, with the arm seated on and below the first cross bar, the arm seated on and above the second cross bar, and the second end of the arm extending away from the bracket, transverse to the lateral direction, to support the equipment in cantilevered support relative to the bracket (Dinse: Fig. 2; [0023]).
In regards to Claim 7, Dinse discloses the mounting system of claim 6, wherein the arm further includes a second anchor feature (Dinse: Fig. 1; D, 40c) between the first anchor feature and the second end of the arm; wherein the first anchor feature removably engages the first cross bar (Dinse: Fig. 2; 20a); and wherein the second anchor feature removably engages the second cross bar (Dinse: Fig. 2; 20b) to further secure the arm to the bracket.
In regards to Claim 8, Dinse discloses the mounting system of claim 7, wherein the first anchor (Dinse: Fig. 1; 40a) feature extends in a first direction from a first side of the arm; and wherein the second anchor feature (Dinse: Fig. 1; D, 40c) extends in a second direction from a second side the arm, opposite the first direction and the first side.
In regards to Claim 9, Dinse discloses the mounting system of claim 6, further comprising: a second arm (Dinse: Fig. 1-2; 40) that includes a third end (Dinse: Annotated Fig. 1; Ea) with a third anchor feature (Dinse: Fig. 1; 40a) and a fourth end (Dinse: Annotated Fig. 1; Eb) configured to be secured to the equipment; wherein the third anchor feature removably engages one of the first cross bar or the second cross bar to secure the second arm to the bracket, with the second arm below the first cross bar, the second arm removably seated on and above the second cross bar, and the fourth end of the second arm extending transverse to the lateral direction to support the equipment in cantilevered support relative to the bracket (Dinse: Fig. 2; [0023]).
In regards to Claim 13, Dinse discloses the mounting system of claim 6, wherein the support member (Dinse: Annotated Fig. 2; S1) is a first support member; wherein the bracket further includes a second support member (Dinse: Annotated Fig. 2; S2) that further supports the first and second cross bars; and wherein each of the first and second cross bars (Dinse: Fig. 2; 20a, 20b) extends laterally between the first support member and the second support member.
In regards to Claim 14, Dinse discloses the mounting system of claim 13, wherein, relative to an installed orientation of the mounting system on a wall, the first cross bar (Dinse: Fig. 2; 20a) is above the second cross bar (Dinse: Fig. 2; 20b) and closer to the wall than is the second cross bar. [Note: If installed in an angled orientation (i.e. leaning against the wall), the bars read on the claim.]
In regards to Claim 15, Dinse discloses the mounting system of claim 13, wherein the bracket further includes: one or more cross supports (Dinse: Fig. 2; 20) that extend laterally between the first and second support members.
Claims 1, 6, 13-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gupta et al. (US 10,051,978).
In regards to Claim 1, Gupta discloses a mounting system for equipment, the mounting system comprising: a wall-mounted bracket that includes a support (Gupta: Annotated Fig. 18; S1) member securable to a wall, a first cross bar (Gupta: Fig. 18; 120) that extends in a lateral direction, supported by the support member, and a second cross bar (Gupta: Fig. 18; 130) that extends in the lateral direction, supported by the support member; a first arm (Gupta: Fig. 7; 60) that includes a first end with a first-arm anchor feature (Gupta: Fig. 7; 66) and a second end (Gupta: Fig. 7; 62) configured to be secured to equipment; and a second arm (Gupta: Fig. 7; 60; Fig. 17; shows two arms) that includes a third end with a second-arm anchor feature (Gupta: Fig. 7; 66) and a fourth end (Gupta: Fig. 7; 62) configured to be secured to the equipment; the first-arm anchor feature removably engaging the first cross bar to secure the first arm to the first cross bar, with the first arm extending below the first cross bar and the first arm extending above the second cross bar to be removably seated on the second cross bar, so that the second end of the first arm extends transverse to the lateral direction to support the equipment with cantilevered support relative to the wall-mounted bracket; and the second-arm anchor feature removably engaging the first cross bar to secure the second arm to the first cross bar, with the second arm extending below the first cross bar and the second arm extending above the second cross bar to be removably seated on the second cross bar, so that the fourth end of the second arm extends transverse to the lateral direction to support the equipment with cantilevered support relative to the wall-mounted bracket (Gupta: Fig. 17).
In regards to Claim 6, Gupta discloses a mounting system for equipment, the mounting system comprising: a bracket that includes a support member (Gupta: Annotated Fig. 18; S1), a first cross bar (Gupta: Fig. 18; 120) that extends in a lateral direction, supported by the support member, and a second cross bar (Gupta: Fig. 18; 130) that extends in the lateral direction, supported by the support member; and an arm (Gupta: Fig. 7; 60) that includes a first end with a first anchor feature (Gupta: Fig. 7; 66) and a second end (Gupta: Fig. 7; 62) configured to be secured to equipment; the first anchor feature removably engaging one of the first cross bar or the second cross bar to secure the arm to the bracket, with the arm seated on and below the first cross bar, the arm seated on and above the second cross bar, and the second end of the arm extending away from the bracket, transverse to the lateral direction, to support the equipment in cantilevered support relative to the bracket (Gupta: Fig. 17).
In regards to Claim 13, Gupta discloses the mounting system of claim 6, wherein the support member (Gupta: Annotated Fig. 18; S1) is a first support member; wherein the bracket further includes a second support member (Gupta: Annotated Fig. 18; S2) that further supports the first and second cross bars; and wherein each of the first and second cross bars (Gupta: Fig. 18; 120, 130) extends laterally between the first support member and the second support member.
In regards to Claim 14, Gupta discloses the mounting system of claim 13, wherein, relative to an installed orientation of the mounting system on a wall, the first cross bar (Gupta: Fig. 18; 120) is above the second cross bar and closer to the wall than is the second cross bar (Gupta: Fig. 18; 130).
In regards to Claim 16, Gupta discloses a method of supporting equipment, the method comprising: securing a support member (Gupta: Annotated Fig. 18; S1) of a bracket to a support structure, with a first cross bar (Gupta: Fig. 18; 120) of the bracket extending in a lateral direction, supported by the support member, and a second cross bar (Gupta: Fig. 18; 130) of the bracket extending in the lateral direction, supported by the support member; providing an arm (Gupta: Fig. 7; 60) that includes a first end with a first anchor feature (Gupta: Fig. 7; 66) and a second end (Gupta: Fig. 7; 62); removably engaging the first anchor feature with one of the first cross bar or the second cross bar to secure the arm to the bracket, with the arm seated on and below the first cross bar, the arm is seated on and above the second cross bar, and the second end of the arm extending away from the bracket, transverse to the lateral direction; and securing the equipment to the second end of the arm so that, with the arm secured to the bracket, the arm supports the equipment in cantilevered support relative to the bracket (Dinse: Fig. 17; Col. 6, Ln. 24-31).
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.
Claims 1, 5, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dinse et al. (DE 20 2013 102 821) in view of Epicureo (US 2018/0055220).
In regards to Claim 1, Dinse discloses a mounting system for equipment, the mounting system comprising: a bracket that includes a support (Dinse: Annotated Fig. 2; S1) member securable to a wall, a first cross bar (Dinse: Fig. 2; 20a) that extends in a lateral direction, supported by the support member, and a second cross bar (Dinse: Fig. 2; 20b) that extends in the lateral direction, supported by the support member; a first arm (Dinse: Fig. 1-2; 40) that includes a first end (Dinse: Annotated Fig. 1; Ea) with a first-arm anchor feature (Dinse: Fig. 1; 40a) and a second end (Dinse: Annotated Fig. 1; Eb) configured to be secured to equipment; and a second arm (Dinse: Fig. 1-2; 40) that includes a third end (Dinse: Annotated Fig. 1; Ea) with a second-arm anchor feature (Dinse: Fig. 1; 40a) and a fourth end (Dinse: Annotated Fig. 1; Eb) configured to be secured to the equipment; the first-arm anchor feature removably engaging the first cross bar to secure the first arm to the first cross bar, with the first arm extending below the first cross bar and the first arm extending above the second cross bar to be removably seated on the second cross bar, so that the second end of the first arm extends transverse to the lateral direction to support the equipment with cantilevered support relative to the wall-mounted bracket; and the second-arm anchor feature removably engaging the first cross bar to secure the second arm to the first cross bar, with the second arm extending below the first cross bar and the second arm extending above the second cross bar to be removably seated on the second cross bar, so that the fourth end of the second arm extends transverse to the lateral direction to support the equipment with cantilevered support relative to the wall-mounted bracket (Dinse: Fig. 2; [0023]).
Dinse fails to explicitly disclose a wall-mounted bracket that includes a support member securable to a wall. However, Epicureo teaches a wall-mounted bracket (Epicureo: Fig. 1; 100) that includes a support member (Epicureo: Fig. 1; 102, 110) securable to a wall.
Dinse and Epicureo are analogous because they are from the same field of endeavor or a similar problem solving area e.g. support brackets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support members in Dinse with the ability to be secured to a wall from Epicureo, with a reasonable expectation of success, in order to provide apertures in the support members for receiving standard fasteners to mount the structure to a surface (Epicureo: [0060]), thereby enabling it to be installed quickly and easily (Dinse: [0005]).
In regards to Claim 5, Dinse, as modified, teaches the mounting system of claim 1, wherein the first end of the first arm further includes a second first-arm anchor feature (Dinse: Fig. 1; D, 40c) that removably engages the second cross bar (Dinse: Fig. 2; 20b) to secure the first arm to the second cross bar; and wherein the third end of the second arm further includes a second second-arm anchor feature (Dinse: Fig. 1; D, 40c) that removably engages the second cross bar to secure the second arm to the second cross bar.
In regards to Claim 16, Dinse discloses a method of supporting equipment, the method comprising: providing a support member (Dinse: Annotated Fig. 2; S1) of a bracket, with a first cross bar (Dinse: Fig. 2; 20a) of the bracket extending in a lateral direction, supported by the support member, and a second cross bar (Dinse: Fig. 2; 20b) of the bracket extending in the lateral direction, supported by the support member; providing an arm (Dinse: Fig. 1-2; 40) that includes a first end (Dinse: Annotated Fig. 1; Ea) with a first anchor feature (Dinse: Fig. 1; 40a) and a second end (Dinse: Annotated Fig. 1; Eb); removably engaging the first anchor feature with one of the first cross bar or the second cross bar to secure the arm to the bracket, with the arm seated on and below the first cross bar, the arm is seated on and above the second cross bar, and the second end of the arm extending away from the bracket, transverse to the lateral direction (Dinse: Fig. 2; [0023]); and securing the equipment to the second end of the arm so that, with the arm secured to the bracket, the arm supports the equipment in cantilevered support relative to the bracket (Dinse: [0012]).
Dinse fails to explicitly disclose securing a support member of a bracket to a support structure. However, Epicureo teaches securing a support member (Epicureo: Fig. 1; 102, 110) of a bracket to a support structure (Epicureo: Fig. 1; M). [Note: See the rejection of claim 1 for motivation and/or rationale.]
In regards to Claim 17, Dinse, as modified, teaches the method of claim 16, wherein the arm further includes a second anchor feature (Dinse: Fig. 1; D, 40c) between the first anchor feature and the second end of the arm; and wherein securing the arm to the bracket includes: removably engaging the first anchor feature (Dinse: Fig. 1; 40a) with the first cross bar (Dinse: Fig. 2; 20a); and removably engaging the second anchor feature with the second cross bar (Dinse: Fig. 2; 20b).
In regards to Claim 18, Dinse, as modified, teaches the method of claim 17, further comprising: providing a second arm (Dinse: Fig. 1-2; 40) that includes a third end with a third anchor feature (Dinse: Fig. 1; 40a) and a fourth end; removably engaging the second anchor feature with one of the first cross bar or the second cross bar to secure the second arm to the bracket, with the second arm seated on and below the first cross bar, the second arm seated on and above the second cross bar, and the fourth end of the second arm extending away from the bracket, transverse to the lateral direction (Dinse: Fig. 2; [0023]); and securing the equipment to the fourth end of the second arm so that, with the second arm secured to the bracket, the second arm further supports the equipment in cantilevered support relative to the bracket (Dinse: [0012]).
Claims 2-3 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dinse et al. (DE 20 2013 102 821) in view of Epicureo (US 2018/0055220) as applied to claims 1 and 18 above, and further in view of Varon (US 4,455,007).
In regards to Claim 2, Dinse, as modified, teaches the mounting system of claim 1, but fails to disclose the first end of the first arm extends along a first arm axis and the second end of the first arm extends along a second arm axis that is laterally offset from the first arm axis; and wherein the third end of the second arm extends along a third arm axis and the fourth end of the second arm extends along a fourth arm axis that is laterally offset from the third arm axis.
However, Varon teaches a first end (Varon: Fig. 3; 12) of a first arm that extends along a first arm axis and the second end (Varon: Fig. 3; 16) of the first arm extends along a second arm axis that is laterally offset from the first arm axis; and wherein the third end (Varon: Fig. 3; 12) of the second arm extends along a third arm axis and the fourth end (Varon: Fig. 3; 16) of the second arm extends along a fourth arm axis that is laterally offset from the third arm axis.
Dinse and Varon are analogous because they are from the same field of endeavor or a similar problem solving area e.g. support brackets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arms in Dinse such that they have offset axis as taught by Varon, with a reasonable expectation of success, in order to provide an arm that has a laterally bent section which rigidifies the structure of the arm (Varon: Col. 2, Ln. 58-64), thereby increasing its strength and carrying capacity.
In regards to Claim 3, Dinse, as modified, teaches the mounting system of claim 2, wherein the first and second arms (Dinse: Fig. 1-2; 40) are selectively securable in a first installation orientation or a second installation orientation; wherein, in the first installation orientation, the second and fourth arm axes are laterally between the first and third arm axes; and wherein, in the second installation orientation, the first and third arm axes are laterally between the second and fourth arm axes.
In regards to Claim 19, Dinse, as modified, teaches the method of claim 18, wherein the first end of the arm extends along a first arm axis and the second end of the arm extends along a second arm axis that is laterally offset from the first arm axis; and wherein the third end of the arm extends along a third arm axis and the fourth end of the arm extends along a fourth arm axis that is laterally offset from the third arm axis.
However, Varon teaches a first end (Varon: Fig. 3; 12) of a first arm that extends along a first arm axis and the second end (Varon: Fig. 3; 16) of the first arm extends along a second arm axis that is laterally offset from the first arm axis; and wherein the third end (Varon: Fig. 3; 12) of the second arm extends along a third arm axis and the fourth end (Varon: Fig. 3; 16) of the second arm extends along a fourth arm axis that is laterally offset from the third arm axis. [Note: See the rejection of claim 2 for motivation and/or rationale.]
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Dinse et al. (DE 20 2013 102 821) in view of Epicureo (US 2018/0055220).
Claim 10 is rejected, as set forth in the rejection of claim 2.
In regards to Claim 11, Dinse, as modified, teaches the mounting system of claim 10, wherein: in a first installation orientation, the second and fourth arm axes are laterally between the first and third arm axes; and in a second installation orientation, the first and third arm axes are laterally between the second and fourth arm axes. [Note: Dinse discloses adjustable arms and as such they can be placed in the recited orientations.]
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Dinse et al. (DE 20 2013 102 821) in view of Epicureo (US 2018/0055220) as applied to claim 1 above, and further in view of Warner (US 1,634,333).
In regards to Claim 4, Dinse, as modified, teaches the mounting system of claim 1, but fails to disclose the first-arm anchor feature and second-arm anchor feature each include a c-clamp, wherein the c-clamp includes a set screw arranged to secure the first cross bar within the c-clamp.
However, Warner teaches a first-arm anchor feature and second-arm anchor feature that each include a c-clamp (Warner: Fig. 3, 6; 21), wherein the c-clamp includes a set screw (Warner: Fig. 3, 6; 22) arranged to secure a first cross bar within the c-clamp.
Dinse and Epicureo are analogous because they are from the same field of endeavor or a similar problem solving area e.g. support brackets. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the anchor features in Dinse with the c-clamps from Warner, with a reasonable expectation of success, in order to provide a means of securing the arms to a support (Warner: Pg. 1, Ln. 63-71), thereby preventing unwanted lateral movement of the assembly.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dinse et al. (DE 20 2013 102 821) in view of Warner (US 1,634,333).
In regards to Claim 12, Dinse, as modified, teaches the mounting system of claim 6, but fails to disclose a first anchor feature includes a c-clamp with an angled lip.
However, Warner teaches a first anchor feature that includes a c-clamp (Warner: Fig. 3, 6; 21) with an angled lip (Warner: Fig. 6; 28). [Note: See the rejection of claim 4 for motivation and/or rationale.]
Allowable Subject Matter
Claim 20 is 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.
Annotated Figures
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I: Dinse; Fig. 1
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II: Dinse; Fig. 2
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III: Gupta; Fig. 18
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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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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/Taylor Morris/Primary Examiner, Art Unit 3631
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