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 .
This is the first office action for application number 19/198,873, MODULAR UTILITY BRACKET, filed on May 5, 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “44” in Figs. 3, 4, & 8. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Claim Objections
Claims 1 and 20 are objected to because of the following informalities: in line 2, of claim 1 “a utility pole” should be changed to --the utility pole-- (note this term is originally cited in line 1 of the claim); and in claim 20, line 3, “poll” should be changed to --pole--. 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 1-12 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 1 recites the limitation "the secondary base fittings" bridging lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the first locating feature" bridging lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the first at least one fastener" bridging lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 11,12, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,025,824 to Cheatham. Cheatham discloses a modular utility bracket assembly (50) for a utility pole (10) comprising: a base plate (58) having a rear surface for mounting to the utility pole and a front surface opposite the rear surface; a central base fitting (51) configured to be connected to the base plate and having a central receptacle (63); two side base fittings (Col. 3, lines 5-6), each side base fitting having a side receptacle (62); a plurality of utility arms (67, 67’, & 167) each configured to be inserted into the receptacle of either the central base fitting or one of the side base fittings; wherein the central receptacle extends generally perpendicular to the front surface of the base plate, wherein the side receptacles extend from opposite sides of the base plate; wherein the side receptacles extend generally parallel to the front surface; wherein the side receptacles extend at an angle (90o) to the front surface; further comprising at least one mounting slot (59) extending through the base plate configured for attaching the base plate to the utility pole with a fastener (60); and wherein each of the utility arms comprises an end fitting (70, 70’, & 170) for securing to a utility component,
In regards to claims 18 and 20, Cheatham inherently discloses a method for assembling a bracket (58) to a utility pole (10) comprising: attaching a base plate to a utility pole; connecting a central arm assembly (51) to the base plate with a central base fitting (63); and fastening bolting the central base fitting and the secondary base fittings to the base plate thereby securing the central arm assembly and the secondary arm assemblies to the utility pole.
Cheatham further discloses that the fitting (51) is fixed to the plate (58), as cited in Col. 2, lines 66-68 and the central base fitting and secondary base fittings being a one-piece structure. Cheatham discloses the claimed invention except for the limitations of a plurality of fasteners for removably securing the central base fitting and the secondary base fittings to the base plate and connecting a plurality of secondary arm assemblies to the base plate.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the base plate and the central base fitting in Cheatham to have been removably secured to one another via a plurality of fasteners and for the plurality of secondary arm assemblies to have been separate from the central base fitting, since it has been held that putting together two pieces of a structure that has been forming formed in one piece involves only routing skill I the art. Nerwin v. Erlichman, 168 USPQ 177, 179 (PTO Bd. Of Int. 1969).
Allowable Subject Matter
Claims 5-10 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claims 13-17 are allowed.
Claim 19 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.
The following is a statement of reasons for the indication of allowable subject matter: the limitations of a modular utility bracket assembly having a base plate, a first arm assembly including a first base fitting to be secured to the front surface of the base plate, a second arm assembly including a second base fitting secured to the front surface and is different than the first base fitting, included in independent claim 13 and in combination with the other elements recited in the claim which is not found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 7,810,265 to Beatty is directed to a system, method and bracket for installing banners to a supporting structure. U.S. Patent No. 6,378,821 to McKelvy et al. is directed to a mounting rack including a mounting plate for attaching to a utility pole. U.S. Patent No. 4,903,927 to Farmer is directed to electrical equipment cluster mounts. U.S. Patent No. 4,896,856 to Farmer et a. is directed to an electrical equipment cluster mount for use upon a utility pole. U.S. Patent No. 4,103,853 to Bannan is directed to a positive-locking cluster mount for supporting electrical transformers from an upright pole. U.S. Patent No. 3,750,992 to Johnson is directed to a transformer mounting assembly embodying a pair of horizontal band units adapted for attachment to a supporting pole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA M KING whose telephone number is (571)272-6817. The examiner can normally be reached M-F 7:30am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell Mckinnon can be reached at 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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/ANITA M KING/ Primary Examiner, Art Unit 3632 September 12, 2026
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