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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 15 April 2026, in which claims 1-4, 6, 11, and 16 were amended and claims 5 and 15 were canceled, has been entered.
Claim Objections
Claim 17 is objected to because it depends from canceled claim 15. Appropriate correction is required.
Claims 2-4 and 11 are objected to because of the following informalities. Examiner suggests the changes below:
“the least the pair of first cutouts” be changed to --the at least the pair of first cutouts-- (claim 2, line 4);
“the least the pair of second cutouts” be changed to --the at least the pair of second cutouts-- (claim 2, lines 4-5);
“the least the pair of first cutouts” be changed to --the at least the pair of first cutouts-- (claim 3, line 4);
“the least the pair of second cutouts” be changed to --the at least the pair of second cutouts-- (claim 3, lines 4-5);
“the least the pair of first cutouts” be changed to --the at least the pair of first cutouts-- (claim 4, line 4);
“the least the pair of second cutouts” be changed to --the at least the pair of second cutouts-- (claim 4, lines 4-5);
“the at least the first cutouts and the at least the second cutouts” be changed to --the first cutouts and the second cutouts-- (claim 11, line 8), so as to maintain consistent claim language.
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 4, 6, and 8 are 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.
In regards to claim 4, it is unclear if “a first cutout of the least the pair of first cutouts” (line 4) is the same feature as previously claimed “a first cutout of the least the pair of first cutouts” (claim 2), and if “a second cutout of the least the pair of first cutouts” (lines 4-5) is the same feature as previously claimed “a second cutout of the least the pair of first cutouts” (claim 2). Examiner suggests referencing subsequent recitations of the same feature using the term “the” or “said”. Clarification and rephrasing are required.
In regards to claim 6, it is unclear if “a first cutout” (line 2) is the same feature as previously claimed “a first cutout of the least the pair of first cutouts” (claims 2, 4), and if “a second cutout” (line 3) is the same feature as previously claimed “a second cutout of the least the pair of first cutouts” (claims 2, 4). Examiner suggests referencing subsequent recitations of the same feature using the term “the” or “said”. Clarification and rephrasing are required.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. As best understood, the limitations of claim 6 have already been set forth in preceding claims 1, 2, and 4. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-3, 7, 9-14, 16, and 18-20 are allowed.
Claim 17 depends from a canceled claim, and appears to be allowable once the claim dependency has been addressed.
Claims 4 and 8 appear to be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter:
the allowable subject matter of claim 1 is wherein the at least the pair of first cutouts and the at least the pair of second cutouts are provided at an end of the intermediate part of the bracket in a direction intersecting with the extending direction, in combination with other features of claim 1;
the allowable subject matter of claim 11 is wherein the first cutouts and the second cutouts are provided at an end of the intermediate part of the bracket in a direction intersecting with the extending direction; in combination with other features of claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
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