This is a Non-Final Office for serial number 19/187309.
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the base of claim 23 to be provided with a reference number for the elected species figures 1A-1C and 8A-8C must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the mount portion to be provided with a reference number for within the elected species figures 1A-1C and 8A-8C must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the wall support to be provided with a reference number within the elected species figures 1A-1C and 8A-8C . be provided with a reference number for must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the arm has a convex upper profile and a concave lower profile wall support to be provided within the elected species figures 1A-1C and 8A-8C with a reference number must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Election/Restrictions
Claims 29-43 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 27, 2026. If the base of claim 23 is found to be not shown in figures 1A-1C or 8A-8C then in the next office action claim 23 will be withdrawn from further consideration as not included within the elected species.
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) 21 and 26 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Hogg 4,485,995.
Hogg discloses claims:
21. A self-tapping curtain rod bracket comprising: a single piece body including: a mount portion having at least one prong, the at least one prong having a pointed tip capable of penetrating a wall material to form a hole through which the at least one prong extends through the wall and to engage a backside of the wall; a wall support portion having a first end connected to the mount portion, the wall support portion to extend along a front side of the wall to a second end; an arm connected to the second end of the wall support portion and extending away from the wall support portion; and a support portion being supported by the arm away from the wall support portion to support an object.
26. The self-tapping curtain rod bracket of claim 21 wherein the arm extends upward from the second end of the wall support portion to the support portion.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wall support portion)][AltContent: textbox (Support portion
arm)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Pointed tip (29)
At least one prong (27)
Mount portion (25))]
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[AltContent: textbox (Arm extends upward from the second end of the wall support portion to the support portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wall support portion )]
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Claim(s) 21, 22, 25 and 26 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Smith 3,219,302.
Smith discloses claims:
21. A self-tapping curtain rod bracket comprising: a single piece body including: a mount portion having at least one prong, the at least one prong having a pointed tip capable of penetrating a wall material to form a hole through which the at least one prong extends through the wall and to engage a backside of the wall; a wall support portion having a first end connected to the mount portion, the wall support portion to extend along a front side of the wall to a second end; an arm connected to the second end of the wall support portion and extending away from the wall support portion; and a support portion being supported by the arm away from the wall support portion to support an object.
22. The self-tapping curtain rod bracket of claim 21 wherein the at least one prong includes a first prong spaced apart from a second prong.
25. The self-tapping curtain rod bracket of claim 21 wherein the arm is connected to the wall support portion at a bend in the body.
26. The self-tapping curtain rod bracket of claim 21 wherein the arm extends upward from the second end of the wall support portion to the support portion.
[AltContent: textbox (Mount portion
Pointed tips (17)
First prong (left 15)
Second prong (15)
Wall support (14)
Arm (25)
support portion surface that engages object)][AltContent: textbox (Mount portion (16) to
Engage backside of wall)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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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 (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 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.
Claim(s) 21-28 is/are rejected (claim 23 as best understood as included in figure figures 1A-1C, 8A-8C, see election of Election/Restrictions section above for guidance) under 35 U.S.C. 103 as being unpatentable over Hanley 20180064279 in view of Burr 11,857097.
Haneley discloses claims:
21. A self-tapping curtain rod bracket comprising: a single piece body including: a wall support portion (402) having a first end (near upper end) connected to the mount portion (418/420), the wall support portion (402) to extend along a front side of the wall to a second end (410); an arm (404) connected to the second end of the wall support portion and extending away from the wall support portion; and a support portion (406) being supported by the arm away from the wall support portion to support an object.
25. The self-tapping curtain rod bracket of claim 21 wherein the arm (404) is connected to the wall support portion (402) at a bend (between 410 and 424) in the body.
26. The self-tapping curtain rod bracket of claim 21 wherein the arm (404) extends upward from the second end (410) of the wall support portion to the support portion (406).
27. The self-tapping curtain rod bracket of claim 26 wherein the arm (404) is curved such that the arm has a convex upper profile (near 422) and a concave lower profile (near 424).
28. The self-tapping curtain rod bracket of claim 21 wherein the support portion includes a cradle (406) having a threaded opening (340) to receive a fastener (252).
[AltContent: arrow][AltContent: textbox (Concave lower profile)][AltContent: arrow][AltContent: textbox (Convex upper profile)]
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Hanley discloses all of the limitations of the claimed invention except for the (of claim 21) a mount portion having at least one prong (222), the at least one prong having a pointed tip capable of penetrating a wall material to form a hole through which the at least one prong extends through the wall and to engage a backside of the wall; (Claim 22) The self-tapping curtain rod bracket of claim 21 wherein the at least one prong includes a first prong spaced apart from a second prong; (Claim 23) wherein the mount portion of the body includes a base from which the at least one prong extends, the base extending laterally between a first lateral side and a second lateral side, a first prong of the at least one prong extending from a first lateral side of the base and a second prong of the at least one prong extending from a second lateral side of the base; (Claim 24) wherein the at least one prong includes a curved portion and a straight portion, the straight portion extending substantially parallel to the wall support portion.
Burr teaches it is known to have Claims
(of claim 21) a mount portion having at least one prong (222), the at least one prong having a pointed tip capable of penetrating a wall material to form a hole through which the at least one prong extends through the wall and to engage a backside of the wall;
(Claim 22) The self-tapping curtain rod bracket of claim 21 wherein the at least one prong includes a first prong spaced apart from a second prong.
(Claim 23) The self-tapping curtain rod bracket of claim 21 wherein the mount portion of the body includes a base from which the at least one prong extends, the base extending laterally between a first lateral side and a second lateral side, a first prong of the at least one prong extending from a first lateral side of the base and a second prong of the at least one prong extending from a second lateral side of the base.
(Claim 24) wherein the at least one prong includes a curved portion and a straight portion, the straight portion extending substantially parallel to the wall support portion.
[AltContent: arrow][AltContent: textbox (Pointed tip
One prong
Curved portion
Wall support portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Straight portion)][AltContent: arrow]
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[AltContent: textbox (1st prong
1st Lateral side)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Mount portion base)][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd prong
2nd lateral side)][AltContent: arrow]
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Hanley to have included a mount portion having at least one prong being a first prong extending from a first lateral side and second prong extending from a second lateral side of the base and wherein the at least one prong includes a curved portion and a straight portion as taught by Burr for the purpose of providing a means of penetrating a wall material to form a hole through which the at least one prong as a one piece member therefore reducing the number of parts for the device therefore being cost effective and quick attachment. This allows for the device have a straight portion extending parallel to the wall support portion resulting in a stable support for the object preventing shifting or accidental removal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art discloses conventional 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.
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 (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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