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 .
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(s) 11 and 12 is/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.
Claim 11 recites in lines 1-2 as follow: “The apparatus according to claim 9 in combination with the auxiliary accessory, wherein the interlocking connector comprises a protrusion”. There is insufficient antecedent basis for this limitation in the claim, because, claim 9 of which claim 11 is dependent upon, does not recite an interlocking connector. Meanwhile, it appears that claim 10 does recite “an interlocking connector” in line 5. Thus, claim 11 should be amended to depend upon claim 10.
Claim 12 recites in lines 1-2 as follow: “The apparatus according to claim 1 wherein said at least one socket comprises a plurality of sockets”. There is insufficient antecedent basis for this limitation in the claim, because, claim 1 of which claim 12 is dependent upon, does not recite “at least one socket”. Meanwhile, it appears that claim 11 does recite “at least one socket” in lines 3-4. Thus, claim 12 should be amended to depend upon claim 11.
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 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.
Claim(s) 1-5 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SMK Fabrication Ditch light bracket with optional Gopro mount for vehicle mounting installation instructions dated 03/31/2021, (hereinafter referred to as “SMK Ditch”).
Regarding claim 1, SMK Ditch discloses an accessory mounting apparatus for supporting a lighting module and an auxiliary accessory on a vehicle (step 10 photo in page 6 shows a SMK Ditch light bracket system with optional Gopro mount installed on a vehicle, with LED pod mounted alongside a GoPro camera) having existing fasteners securing an exterior body portion of the vehicle (steps 1-3 photos, 3 pop fasteners securing plastic panel, see page 1, lines 3-4), the apparatus (step 10 photo) comprising: a base body (step 4 photo in page 3) having a pair of first fastener apertures formed therein for alignment with the existing fasteners on the vehicle so as to be arranged to mount the base body externally onto the vehicle using the existing fasteners and at least one second fastener aperture (step 5 photo in page 3, multiple apertures for attachment of bolts and mounting body, see step 3 photo for alignment or arrangement details); a mounting body (step 10 photo in page 6 shows a mounting body for mounting a LED pod) having (i) a bridge locating at least one first fastener aperture so as to be arranged to fasten the bridge to said at least one second fastener aperture of the base body (steps 9-10 photos show fastener aperture of base body for attaching the mounting body, and bridge is the bottom horizontal extension piece holding LED pod, see annotated photo A below for details), and (ii) two arms extending outwardly from the bridge at spaced apart locations to form a U-shape with the bridge (photo for step 10 and annotated photo A below), wherein the two arms include second fastener apertures therein respectively along a common axis at a location spaced from the bridge (see annotated photo A below), and wherein the second fastener apertures of the two arms are arranged receive fasteners of the lighting module therein (see annotated photo A below) such that the lighting module is angularly adjustable about said common axis (note: LED pod can pivot and angularly rotate around common axis); and at least one auxiliary mount (see annotated photo A below) formed on the mounting body (see annotated photo A below) and arranged to receive the auxiliary accessory supported on the mounting body independently of the lighting module (see annotated photo A below).
Annotated photo A of step 10 photo of SMK Ditch
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Regarding claim 2, SMK Ditch discloses wherein said at least one second fastener aperture in the base body comprises two or more second fastener apertures (see annotate photo B below), and wherein said at least one first fastener aperture in the mounting body (see annotated photo A above) comprises two or more first fastener apertures (not explicitly shown, but implied or implicit to match apertures of base body shown in annotated photo B below) which are internally threaded for forming a threaded connection with fasteners extending through the second fastener apertures in the base body (step 10 photo).
Annotated Photo B taken from SMK Ditch
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Regarding claim 3, SMK Ditch discloses wherein the mounting body is securable in fixed relation to the base body in a first orientation and a second orientation which is angularly offset from the first orientation about an upright axis (see annotated photo C below).
Annotated Photo C taken from SMK Ditch
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Regarding claim 4, SMK Ditch discloses wherein said at least one second fastener aperture (steps 9-10 photos show fastener aperture of base body for attaching the mounting body) in the base body comprises a plurality of second fasteners apertures (steps 9-10 photos show multiple apertures), and wherein said at least one first fastener aperture in the mounting body (see annotated photo A above) comprises a plurality of first fastener apertures (one aperture on each side for two sides total), wherein at least two of the second fastener apertures in the base body are aligned with at least two of the first fastener apertures in the mounting body in each of the first and second orientations (see annotated photos A, B and C above).
Regarding claim 5, SMK Ditch discloses wherein the base body comprise a first body portion (see annotated photo D below) at a first end of the base body locating the first fastener apertures therein (see annotated photo D below) and a second body portion (see annotated photo D below) at an opposing second end of the base body locating said at least one second fastener aperture therein (see annotated photo D below and annotated photo B above).
Annotated photo D taken from SMK Ditch
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Regarding claim 16, SMK Ditch discloses in combination with the auxiliary accessory in which the auxiliary accessory is a camera mount (step 10 photo) arranged to support a camera thereon (step 10 photo), the camera mount being removably coupled to said at least one auxiliary mount on the mounting body (see annotated photo E above).
Claim Rejections - 35 USC § 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over SMK Fabrication Ditch light bracket with optional Gopro mount for vehicle mounting installation instructions dated 03/31/2021, (hereinafter referred to as “SMK Ditch”) in view of Mule Mount for GoPro Dual Camera Mount Review youtube video by Iftis tech corner dated 04/26/2015, (hereinafter “Iftis video”).
Regarding claim 9, SMK Ditch alone fails to sufficiently disclose wherein said at least one auxiliary mount comprises two auxiliary mounts located on the two arms respectively between the bridge and the respective second fastener apertures of the arms.
However, Iftis video and SMK Ditch combined teach the following: wherein said at least one auxiliary mount comprises two auxiliary mounts located on the two arms respectively between the bridge and the respective second fastener apertures of the arms (Iftis video capture reproduced herein below taken at 3:05 min show two camera mounts located on two arm sections; SMK Ditch: arms and bridge and second fastener apertures shown in annotated photos A and B above)
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Iftis video and SMK Ditch based on the following rationale: referring to Iftis video capture above, the mounting of two cameras in both front and back directions allows real-time video capture at almost 360 degrees full viewing angle range. Meanwhile, the singular camera mount of SMK Ditch does not capture videos from behind the vehicle, thus at best only capture about 180 degrees viewing range. As a result, above advantage and usefulness of dual camera mounting setup of Iftis video over SMK Ditch thereby serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to combine Iftis video and SMK Ditch.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over SMK Fabrication Ditch light bracket with optional Gopro mount for vehicle mounting installation instructions dated 03/31/2021, (hereinafter referred to as “SMK Ditch”) in view of SMK Ditch Light Bracket GoPro Mount YouTube video
https://www.youtube.com/watch?v=xzAt8XC2tE4 dated July 03 2020 video (hereinafter referred to as “SMK youtube”).
Regarding claim 10, SMK Ditch discloses wherein said at least one auxiliary mount (see annotated photo E below) comprises (i) a threaded bore (see annotated photo E below) arranged to receive a fastener (see annotated photo E below) securing the auxiliary accessory to the mounting body (see annotated photo E below) such that the auxiliary accessory is angularly adjustable about an auxiliary axis of the threaded bore (see annotated photo E below),
However, SMK Ditch fails to sufficiently disclose the following: and (ii) an interlocking connector arranged to form an interlocking connection with the auxiliary accessory to fix the auxiliary accessory at a selected angular orientation about the auxiliary axis.
Annotated photo E taken from SMK Ditch
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However, SMK youtube teaches the following: and (ii) an interlocking connector arranged to form an interlocking connection with the auxiliary accessory to fix the auxiliary accessory at a selected angular orientation about the auxiliary axis (video at 0:17 min show the interlocking connector on the left-hand side at top of SMK Ditch light bracket GoPro mount, having angular orientation adjustment of the Gopro camera).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine SMK Ditch and SMK youtube based on the following rationale: both SMK Ditch and SMK youtube are commercial product information for the same product of Ditch light bracket with optional GoPro mount for vehicle, sold by the same company SMK Fabrication. As a result, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine SMK Ditch and SMK youtube.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over SMK Fabrication Ditch light bracket with optional Gopro mount for vehicle mounting installation instructions dated 03/31/2021, (hereinafter referred to as “SMK Ditch”) in view of Shen (USD957711S, hereinafter referred to as “Shen”).
Regarding claim 15, SMK Ditch fails to sufficiently disclose the following: in combination with the auxiliary accessory in which the auxiliary accessory is a lighting mount arranged to supporting a secondary lighting module thereon, the lighting mount including a bridge removably coupled to said at least one auxiliary mount and two arms extending outwardly from the bridge at spaced apart locations to form a U-shape with the bridge, wherein the two arms include secondary fastener apertures therein respectively along a secondary axis at a location spaced from the bridge, and wherein the secondary fastener apertures of the two arms are arranged to receive fasteners of the secondary lighting module therein such that the secondary lighting module is angularly adjustable about said secondary axis.
However, Shen teaches the following: in combination with the auxiliary accessory (see annotated Figs F below) in which the auxiliary accessory is a lighting mount (see annotated Figs F below) arranged to supporting a secondary lighting module thereon (see annotated Figs F below), the lighting mount including a bridge (see annotated Figs F below) removably coupled to said at least one auxiliary mount (see annotated Figs F below) and two arms (see annotated Figs F below) extending outwardly from the bridge at spaced apart locations to form a U-shape with the bridge (see annotated Figs F below), wherein the two arms include secondary fastener apertures (see annotated Figs F below) therein respectively along a secondary axis at a location spaced from the bridge (see annotated Figs F below), and wherein the secondary fastener apertures of the two arms are arranged to receive fasteners (see annotated Figs F below) of the secondary lighting module (see annotated Figs F below) therein such that the secondary lighting module is angularly adjustable about said secondary axis (Fig 7).
Annotated Figs F taken from Shen
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify SMK Ditch by Shen based on the following rationale: Referring to SMK Ditch, the type of vehicle adopting LED pod and camera mount system would most like be for offroad typed applications or usages. Because the illumination needs and demands for offroad, trails or dirt road type conditions is far different from typical asphalt paved roads, which may require a lot of illumination over a broader angular range. For example, many wild animals seeking food or water at night may run into the trail road from all directions. Meanwhile, the singular LED pod of SMK Ditch may not be enough to see such animals. Other vehicles traveling on the same road at poor visibility condition coming from opposite direction may also benefit from additional illumination for safety. On the other hand, Shen offers two additional secondary lighting modules that can be flexibly angled to provide much broader illumination angle to extend to sides of road. As a result, above advantage and usefulness of Shen over SMK Ditch thereby serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to modify SMK Ditch by Shen, especially for night usages for offroad travel by vehicle.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over SMK Fabrication Ditch light bracket with optional Gopro mount for vehicle mounting installation instructions dated 03/31/2021, (hereinafter referred to as “SMK Ditch”) in view of American adventure lab facebook video post dated 11/19/2023 titled
“Jeep JK vehicle A-pillar combined light and antenna brackets” (hereinafter referred to as “American adventure lab”).
Regarding claim 17, SMK Ditch fails to disclose the following: in combination with the auxiliary accessory in which the auxiliary accessory is an antenna mount arranged to support an antenna thereon, the antenna mount being removably coupled to said at least one auxiliary mount on the mounting body.
However, American adventure lab teaches the following: in combination with the auxiliary accessory in which the auxiliary accessory is an antenna mount arranged to support an antenna thereon, the antenna mount being removably coupled to said at least one auxiliary mount on the mounting body (see reproduced photo below taken from facebook posting of American adventure lab).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify SMK Ditch by American adventure lab based on the following rationale: referring to reproduced photo above from American adventure lab, the particular structure of the hole of the mounting bracket allows the antenna to be inserted through. Meanwhile, the existing mounting body of the SMK Ditch is too small to accommodate antenna hole and is without any preconfigured hole. As a result, above advantage and usefulness of teachings of American Adventure lab over SMK Ditch thereby serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to modify SMK Ditch in view of features taken from American Adventure lab.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over SMK Fabrication Ditch light bracket with optional Gopro mount for vehicle mounting installation instructions dated 03/31/2021, (hereinafter referred to as “SMK Ditch”) in view of MY24 Tracker offroad accessory catalog printed October 2023, (hereinafter referred to as “Tracker catalog”).
Regarding claim 20, SMK Ditch alone fails to sufficiently disclose the following: in combination with the auxiliary accessory in which the auxiliary accessory is an electrical socket mount arranged to support an electrical socket thereon, the electrical socket mount being removably coupled to said at least one auxiliary mount on the mounting body.
However, Tracker catalog and SMK Ditch combined teach the following: in combination with the auxiliary accessory in which the auxiliary accessory is an electrical socket mount arranged to support an electrical socket thereon, the electrical socket mount being removably coupled to said at least one auxiliary mount on the mounting body (Tracker catalog page 37 shows an accessory plug kit which powers 12v DC cigarette lighter socket; SMK Ditch: auxiliary mount and mounting body in annotated photo A above).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify SMK Ditch by Tracker catalog based on the following rationale: Referring to SMK Ditch, the only two functional attachments are LED pod and GoPro camera to the outside of a vehicle. Meanwhile, referring to Tracker catalog, such as in page 37, an accessory plug kit which can power 12v DC cigarette lighter socket, and in page 7, GPS install kit, for mounting Garmin turn by turn navigation unit, and in page 27, a beacon warning light kit, and in page 51 has a side mirror kit. As a result, more functional usefulness of Tracker catalog over SMK Ditch thereby serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to combine SMK Ditch and Tracker catalog.
Allowable Subject Matter
Claim(s) 6-8, 11-14, and 18-19 is/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. None of cited prior art including SMK Ditch, SMK youtube, American Adventure lab. And Tracker catalog, singularly or in combination disclose or teach “wherein the base body comprises a plate forming the first body portion and the second body portion substantially in a common plane with one another, the first body portion being elongated along a first axis and the second body portion being elongated along a second axis oriented perpendicularly to the first axis” of claim 6, “wherein the base body comprises (i) a first flange defining a first body portion locating the first fastener apertures therein and (ii) a second flange defining a second body portion locating the at least one second fastener aperture therein, the first flange and the second flange being joined to one another at an acute angle” of claim 7, and “wherein said at least one auxiliary mount is formed on one of the arms between the bridge and the respective second fastener aperture of the arm” of claim 8, “wherein the interlocking connector comprises a protrusion formed on a first one of the mounting body and the auxiliary accessory and at least one socket formed on a second one of the mounting body and the auxiliary accessory in which the socket receives the protrusion therein at the selected angular orientation” of claim 11, “wherein said at least one socket comprises a plurality of sockets, each arranged to receive the protrusion therein at a different selected angular orientation of the auxiliary accessory relative to the mounting body about the auxiliary axis” of claim 12, “further comprising an intermediate body including (i) a flange portion arranged to be received between the mounting body and the base body and having at least one intermediate aperture therein for alignment with said at least one second fastener aperture of the base body such that the mounting body and the intermediate body are securable to the base body using a common fastener received therethrough, and (ii) a working portion arranged to support a secondary vehicle accessory thereon” of claim 13, and “further comprising an intermediate body including (i) a flange portion arranged to be received between said at least one auxiliary mount on the mounting body and the auxiliary accessory and having at least one intermediate aperture therein for alignment with said at least one auxiliary mount such that the auxiliary accessory and the intermediate body are securable to the mounting body using a common fastener received therethrough, and (ii) a working portion arranged to support a secondary vehicle accessory thereon” of claim 18. Claims 14 and 19 are allowable based upon dependency upon allowable subject matter of claims 13 and 18, respectively.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fletcher (USD782094S) discloses a twin or double LED luminaire having a mounting system. Korpi (USD552782S) discloses a worklight with mount. Apilado (US 11254259B1) disclose a bracket for mounting LED light pod to a vehicle. Apilado (US 11524622B1) disclose a bracket for mounting LED light pod to a vehicle. Fletcher (US 9651232B1) discloses a lighting system having multiple lighting modules with a mount. Yoshioka (US 20190300347A1) disclose a lighting device with a bracket mount to a vehicle. Johnson (US 11273751B2) discloses auxiliary light for mounting to a vehicle. Elwell (US 20170297480A1) disclose LED accessory for vehicle.
Lan (US D990735S) discloses a vehicle auxiliary driving lamp system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00am MT--5:00pm MT. 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, Terrell McKinnon can be reached on 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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/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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