This is a Non-Final office action for serial number 19/078,447.
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 § 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.
Claim 20 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.
Claim 20 recites the limitation "the second" in line 3. There is insufficient antecedent basis for this limitation in the claim. The examiner can not determine to what feature “the second” is referring to within the claim.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
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.
(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.
Claim(s) 1, 3-6, and 8-13 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Rinderer 8403289. The applicant is reminded that the fasteners are not positively claimed therefore the prior art only need to be capable of performing the functions related to the fasteners.
Rinderer discloses claims:
1. A mounting bracket comprising: a body having an inner perimeter (20, 22, 24, 26) and an outer perimeter (outer periphery of 12); a first tab (left 30) extending from the body (12) in a first direction, the first tab including a first slot (34, see figure 4 which shows slots on tabs 30) configured to receive a first fastener; and a second tab extending from the body in a second direction opposite the first direction, the second tab including a second slot configured to receive a second fastener; wherein the first tab and the second tab are each movable relative to the body between a first position and a second position, the first position (Figure 1a) being substantially parallel to the surface of the body and the second position (Figure 1b) being substantially perpendicular to the surface of the body.
3. The mounting bracket of claim 1, further comprising a gap (flexible area 38 that includes gaps/holes/slots) between the body (12) and the first tab (left 30), wherein the gap acts as a hinge to permit the first tab to pivot between the first position and the second position.
4. The mounting bracket of claim 1, further comprising: a first opening (one of 40 closest to outer perimeter on the left) disposed between the inner perimeter and the outer perimeter; and a second opening (another of 40 closest to outer perimeter on the right) disposed between the inner perimeter and the outer perimeter; wherein the first opening is spaced apart from the second opening; and wherein the first opening and the second opening are each configured to receive a fastening member.
5. The mounting bracket of claim 1, further comprising: a first mounting feature (other of 40 on the left closest and along the inner perimeter) disposed along the inner perimeter; and a second mounting feature (another of 40 on the right closest and along the inner perimeter) disposed along the inner perimeter; wherein the first mounting feature is spaced apart from the second mounting feature; and wherein the first mounting feature and the second mounting feature are each configured to receive a fastening member.
6. A mounting system comprising: an electrical box (electrical boxes, see specification); and a mounting plate selectively connected to the electrical box and configured to support the electrical box between a pair of rails (front and back rail of 56), the mounting plate including: a body having an inner perimeter and an outer perimeter; a first tab (left 40) extending from the body in a first direction, the first tab including a first slot (34, well known to encompass a slot 21 or opening 19 on tabs, see 20190376643) configured to receive a first fastener; and a second tab (right 40) extending from the body in a second direction opposite the first direction, the second tab including a second slot configured to receive a second fastener; wherein the first tab and the second tab are each movable relative to the body between a first position and a second position, the first position being substantially parallel to the surface of the body and the second position being substantially perpendicular to the surface of the body.
8. The mounting system of claim 6, wherein the mounting plate further includes a gap (flexible area 38 that includes gaps/holes/slots) between the body and the first tab, wherein the gap acts as a hinge to permit the first tab to pivot between the first position and the second position.
9. The mounting system of claim 6 , wherein the mounting plate further includes: a first opening (one of 40 closest to outer perimeter on the left) disposed between the inner perimeter and the outer perimeter; and a second opening (another of 40 closest to outer perimeter on the right) disposed between the inner perimeter and the outer perimeter; wherein the first opening is spaced apart from the second opening; and wherein the first opening and the second opening are each configured to receive a fastening member.
10. (Currently Amended) The mounting system of claim 6 , wherein the mounting plate further includes: a first mounting feature (other of 40 on the left closest and along the inner perimeter) disposed along the inner perimeter; and a second mounting feature (other of 40 on the right closest and along the inner perimeter) disposed along the inner perimeter; wherein the first mounting feature is spaced apart from the second mounting feature; and wherein the first mounting feature and the second mounting feature are each configured to receive a fastening member.
11. The mounting system of claim 6, wherein the electrical box is selected from a group of differently-sized electrical boxes (electrical boxes of various types or depths, see brief summary of invention), and wherein the mounting plate is configured to connect to any electrical box selected from the group of differently-sized electrical boxes.
12. The mounting system of claim 6 , wherein: the mounting bracket includes a plurality of openings (outer most 40) between the outer perimeter and the inner perimeter; the mounting bracket includes a plurality of mounting features (inner most 40) along the inner perimeter; each of the plurality of openings and the plurality of mounting features are configured to receive a fastener; and the fastener is received through a selected one of the plurality of openings and the plurality of mounting features based on a size of the electrical box.
13. The mounting system of claim 6, wherein the mounting bracket is configured to connect to the electrical box before connecting to the rails, and wherein the mounting bracket is configured to connect to the rails from behind.
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Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Oh et al. (Oh) 2020/0378553. The applicant is reminded that the fasteners are not positively claimed therefore the prior art only need to be capable of performing the functions related to the fasteners.
Oh discloses claims:
1. A mounting bracket comprising: a body having an inner perimeter 26) and an outer perimeter; a first tab (150a) extending from the body in a first direction (upward via 124a or extending in second position direction when bent) , the first tab including a first slot configured to receive a first fastener; and a second tab (150b) extending from the body in a second direction (downward via 124b or extending in first position direction when bent) opposite the first direction, the second tab including a second slot configured to receive a second fastener; wherein the first tab (upper 150a/152) and the second tab (lower 150a/152a) are each movable relative to the body between a first position and a second position, the first position (Figure 6) being substantially parallel to the surface of the body and the second position (Figure 7) being substantially perpendicular to the surface of the body.
2. The mounting bracket of claim 1, further comprising: a first hook offset (one of 130a/132) from the first tab (upper 150a/152a) in a third direction perpendicular to the first direction and the second direction; and a second hook (other of 130a/132) offset from the second tab in the third direction; wherein the first hook and the first tab are spaced apart by a first distance in a fourth direction that is perpendicular to the first direction and the third direction; wherein the second hook and the second tab are spaced apart by the first distance in the fourth direction; and wherein the first distance is substantially equal to a thickness of a rail.
3. The mounting bracket of claim 1, further comprising a gap (150a) between the body (112) and the first tab (150a/152a), wherein the gap acts as a hinge to permit the first tab to pivot between the first position and the second position.
4. The mounting bracket of claim 1, further comprising: a first opening (one of 102) disposed between the inner perimeter and the outer perimeter; and a second opening (other 102) disposed between the inner perimeter and the outer perimeter; wherein the first opening is spaced apart from the second opening; and wherein the first opening and the second opening are each configured to receive a fastening member.
5. The mounting bracket of claim 1, further comprising: a first mounting feature (see figure below) disposed along the inner perimeter (114); and a second mounting feature (see figure below) disposed along the inner perimeter (114); wherein the first mounting feature is spaced apart from the second mounting feature; and wherein the first mounting feature and the second mounting feature are each configured to receive a fastening member.
6. A mounting system comprising: an electrical box (electrical boxes, see specification); and a mounting plate selectively connected to the electrical box and configured to support the electrical box between a pair of rails (64 and 66), the mounting plate including: a body having an inner perimeter (114) and an outer perimeter (outer perimeter; a first tab (150a) extending from the body in a first direction, the first tab including a first slot (see hole/slot on 150a) configured to receive a first fastener; and a second tab (150b) extending from the body in a second direction opposite the first direction, the second tab including a second slot (see hole/slot on 150a) configured to receive a second fastener; wherein the first tab and the second tab are each movable relative to the body between a first position and a second position, the first position being substantially parallel to the surface of the body and the second position being substantially perpendicular to the surface of the body (see specification of bending 150a and 150b).
7. The mounting system of claim 6, wherein the mounting plate further includes: a first hook (130a, 144a,) offset from the first tab in a third direction perpendicular to the first direction and the second direction; and a second hook (130b or 144b) offset from the second tab in the third direction; wherein the first hook and the first tab are spaced apart by a first distance in a fourth direction that is perpendicular to the first direction and the third direction; wherein the second hook and the second tab are spaced apart by the first distance in the fourth direction; and wherein the first distance is substantially equal to a thickness of a rail.
8. The mounting system of claim 6, wherein the mounting plate further includes a gap (152a) between the body and the first tab, wherein the gap acts as a hinge to permit the first tab to pivot between the first position and the second position.
9. The mounting system of claim 6 , wherein the mounting plate further includes: a first opening (see figure below, one of 102) disposed between the inner perimeter and the outer perimeter; and a second opening (another of 102) disposed between the inner perimeter and the outer perimeter; wherein the first opening is spaced apart from the second opening; and wherein the first opening and the second opening are each configured to receive a fastening member.
10. The mounting system of claim 6 , wherein the mounting plate further includes: a first mounting feature (see figure below) disposed along the inner perimeter; and a second mounting feature (see figure below) disposed along the inner perimeter; wherein the first mounting feature is spaced apart from the second mounting feature; and wherein the first mounting feature and the second mounting feature are each configured to receive a fastening member.
11. The mounting system of claim 6 , wherein the electrical box is selected from a group of differently-sized electrical boxes (electrical boxes of various types see figures), and wherein the mounting plate is configured to connect to any electrical box selected from the group of differently-sized electrical boxes.
12. The mounting system of claim 6 , wherein: the mounting bracket includes a plurality of openings (102) between the outer perimeter and the inner perimeter; the mounting bracket includes a plurality of mounting features (see figure below) along the inner perimeter; each of the plurality of openings and the plurality of mounting features are configured to receive a fastener; and the fastener is received through a selected one of the plurality of openings and the plurality of mounting features based on a size of the electrical box.
13. The mounting system of claim 6 , wherein the mounting bracket is configured to connect to the electrical box before connecting to the rails, and wherein the mounting bracket is configured to connect to the rails from behind (the bracket can be placed through the hole of the rails and then connected from behind, in the broadest sense).
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Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Erico 12,114,456. The applicant is reminded that the fasteners are not positively claimed therefore the prior art only need to be capable of performing the functions related to the fasteners.
Erico discloses claims:
1. A mounting bracket comprising: a body (112) having an inner perimeter (114) and an outer perimeter (outer perimeter); a first tab (150a) extending from the body in a first direction (upward), the first tab including a first slot (154a, being a slot capable of receiving a fastener) configured to receive a first fastener; and a second tab (150b) extending from the body in a second direction (downward) opposite the first direction, the second tab including a second slot (154b) configured to receive a second fastener; wherein the first tab (upper 150a) and the second tab (150b) are each movable relative to the body between a first position and a second position, the first position (Figure 6) being substantially parallel to the surface of the body and the second position (Figure 5) being substantially perpendicular to the surface of the body.
2. The mounting bracket of claim 1, further comprising: a first hook offset (134a/130a) from the first tab (upper 150a) in a third direction perpendicular to the first direction and the second direction; and a second hook (134b/130b) offset from the second tab in the third direction; wherein the first hook and the first tab are spaced apart by a first distance in a fourth direction that is perpendicular to the first direction and the third direction; wherein the second hook and the second tab are spaced apart by the first distance in the fourth direction; and wherein the first distance is substantially equal to a thickness of a rail (62 and 66).
3. The mounting bracket of claim 1, further comprising a gap (152a) between the body (112) and the first tab (150a), wherein the gap (152a) acts as a hinge to permit the first tab (150a) to pivot between the first position and the second position.
4. The mounting bracket of claim 1, further comprising: a first opening (left side upper 164) disposed between the inner perimeter and the outer perimeter; and a second opening (left side lower 164) disposed between the inner perimeter and the outer perimeter; wherein the first opening is spaced apart from the second opening; and wherein the first opening and the second opening are each configured to receive a fastening member.
5. The mounting bracket of claim 1, further comprising: a first mounting feature (conventional mounting holes to connect to electric box) disposed along the inner perimeter (114); and a second mounting feature (shown but not labeled conventional mounting hole to fasten to electrical box) disposed along the inner perimeter (114); wherein the first mounting feature is spaced apart from the second mounting feature; and wherein the first mounting feature and the second mounting feature are each configured to receive a fastening member.
6. A mounting system comprising: an electrical box (electrical box, see specification); and a mounting plate selectively connected to the electrical box and configured to support the electrical box between a pair of rails (62 and 66), the mounting plate including: a body having an inner perimeter (114) and an outer perimeter (outer perimeter; a first tab (150a) extending from the body in a first direction (upward), the first tab including a first slot (see hole/slot on 154a capable of receiving a fastener) configured to receive a first fastener; and a second tab (150b) extending from the body in a second direction opposite the first direction, the second tab including a second slot (see hole/slot on 150a) configured to receive a second fastener; wherein the first tab and the second tab are each movable relative to the body between a first position and a second position, the first position being substantially parallel to the surface of the body and the second position being substantially perpendicular to the surface of the body (see specification of bending 150a and 150b).
7. The mounting system of claim 6, wherein the mounting plate further includes: a first hook (134a/130a) offset from the first tab in a third direction perpendicular to the first direction and the second direction; and a second hook (134b/130b) offset from the second tab in the third direction; wherein the first hook and the first tab are spaced apart by a first distance in a fourth direction that is perpendicular to the first direction and the third direction; wherein the second hook and the second tab are spaced apart by the first distance in the fourth direction; and wherein the first distance is substantially equal to a thickness of a rail.
8. The mounting system of claim 6, wherein the mounting plate further includes a gap (152a) between the body and the first tab, wherein the gap acts as a hinge to permit the first tab to pivot between the first position and the second position.
9. The mounting system of claim 6 , wherein the mounting plate further includes: a first opening (left side upper 164) disposed between the inner perimeter and the outer perimeter; and a second opening (left side lower 164) disposed between the inner perimeter and the outer perimeter; wherein the first opening is spaced apart from the second opening; and wherein the first opening and the second opening are each configured to receive a fastening member.
10. The mounting system of claim 6 , wherein the mounting plate further includes: a first mounting feature (see figure below) disposed along the inner perimeter; and a second mounting feature (see figure below) disposed along the inner perimeter; wherein the first mounting feature is spaced apart from the second mounting feature; and wherein the first mounting feature and the second mounting feature are each configured to receive a fastening member.
11. The mounting system of claim 6 , wherein the electrical box is selected from a group of differently-sized electrical boxes (electrical boxes of various types see figures), and wherein the mounting plate is configured to connect to any electrical box selected from the group of differently-sized electrical boxes.
12. The mounting system of claim 6 , wherein: the mounting bracket includes a plurality of openings (164) between the outer perimeter and the inner perimeter; the mounting bracket includes a plurality of mounting features (see figure below, conventional mounting holes for conventional electrical box) along the inner perimeter; each of the plurality of openings (164) and the plurality of mounting features are configured to receive a fastener; and the fastener is received through a selected one of the plurality of openings and the plurality of mounting features based on a size of the electrical box.
13. The mounting system of claim 6 , wherein the mounting bracket is configured to connect to the electrical box before connecting to the rails (62/66), and wherein the mounting bracket is configured to connect to the rails from behind (the bracket can be placed through the hole of the rails and then connected from behind, in the broadest sense).
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Allowable Subject Matter
Claims 14-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose a method of mounting an electrical box between a pair of rails, the method comprising: connecting a mounting plate to the electrical box, the mounting plate including a first edge having a first tab and a first hook, and a second edge having a second tab and a second hook, wherein the first edge is opposite the second edge; bending the first tab from a first position to a second position substantially perpendicular to the first position; positioning the mounting plate behind the pair of rails and moving the second edge at least partially through an opening between the pair of rails; while the second tab and second hook contract one rail of the pair of rails, pivoting the first edge at least partially through the opening; and moving the first tab to the first position to contact the other rail of the pair of rails.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional electrical boxes mounting brackets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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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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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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