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 .
Election/Restrictions
In regard to Invention I and II, the Examiner is motivated by arguments. The scope of claims 1-5 appear to be the same invention as claims 6-16 with only minor differences. There does not appear to be a search burden, and the inventions are not patentably distinct.
However, in regard to Invention III, Applicant’s election of Invention I in the reply filed on 3/6/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Invention III, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/3/2025 was filed and is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-15 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the lighting fixture with the asymmetrical portion of claim 16, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
In regard to claim 6, the applicant discloses in their specification a lighting fixture, yet claim 6 is directed to only a bracket. Further, a critical feature of the invention is the buckle applies a frictional force to counter a rotational force from the asymmetrical portion—this is not included in claim 6. The feature must be amended into claim 6 before allowance. Appropriate correction is required.
Claims 7-15 are further rejected for depending on claim 6.
Claim Rejections - 35 USC § 102
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:
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A person shall be entitled to a patent unless –
(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) 6-8 and 10-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Matthes et al (US 2025/0109840 A1).
In regard to claim 6, Matthes et al disclose a mounting apparatus for a light fixture, the mounting apparatus comprising:
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a mounting plate (112) having a circular cross-section in a circumferential direction;
a backplate (114) including a ramped surface (115) configured to support the light fixture via the mounting plate, wherein the backplate has a circular cross-section in a circumferential direction; and
a buckle (118), wherein the backplate is configured to latch on the buckle and be supported by the mounting plate via the buckle. (Figures 2-4; see at least [0128] onward)
In regard to claim 7, Matthes et al disclose the buckle is a reverse buckle extending from the backplate (this is broad—what is considered “reverse” is relative).
In regard to claim 8, Matthes et al disclose the buckle is a spring buckle formed from a tab bent inward into the back plate (this is broad—the tab has a certain amount of elasticity and thus can be said to be spring like).
In regard to claim 10, Matthes et al disclose the ramped surface (115) ramps inward toward a center of the mounting plate in a direction of installation of the light fixture.
In regard to claim 11, Matthes et al disclose the ramped surface (115) ramps inward toward a center of the mounting plate in a direction of a wall outlet.
In regard to claim 12, Matthes et al disclose the mounting plate includes an inner diameter circumference and an outer diameter circumference and the ramped surface (115) extends from the inner diameter circumference to the outer diameter circumference
In regard to claim 13, Matthes et al disclose the ramped surface meets a horizonal line at an angle (this is broad and the angle is poorly defined).
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.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matthes et al (US 2025/0109840 A1).
In regard to claim 14 and 15, Matthes et al fail to disclose that the angle is in a range of 10 to 50 degrees, or as recited in claim 15, that the angle is approximately 20 degrees.
However, the angle of the ramp is a routine optimization, and it would have been obvious to one of ordinary skill in the art at the time of filing to optimize the angle of the ramp to optimize the interlocking between the mounting plate and the inner bracket.
Allowable Subject Matter
Claim(s) 1-5 is/are allowed.
Claim 9 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, and would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 16 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 an examiner's statement of reasons for allowance:
The prior art taken as a whole does not show nor suggest a light fixture comprising a sconce having a symmetrical portion and an asymmetrical portion, a mounting plate having a circular cross-section in a circumferential direction, a backplate including a ramped surface configured to support the light fixture via the mounting plate, wherein the backplate has a circular cross-section in a circumferential direction, and a buckle, wherein the backplate is configured to latch on the buckle and be supported by the mounting plate via the buckle, wherein the buckle applies a frictional force to counter a rotational force from the asymmetrical portion as specifically called for the claimed combinations.
The closest prior art, Matthes et al (US 2025/0109840 A1), does not include a sconce having an asymmetrical portion, wherein the buckle applies a frictional force to counter a rotational force from the asymmetrical portion as required by the claim and there is no motivation absent the applicant’s own disclosure, to modify the Matthes et al reference in the manner required by the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Korez et al (US 2025/0392108 A1) disclose an electrical box cover.
Wang (US 12,392,463 B1) disclose a lamp.
Oh (US 2024/0200759 A1) disclose an electrical box.
Glazer et al (US 11,708,963 B1) disclose a light fixture.
Sinphay et al (US 2023/0068837 A1) disclose a light fixture.
Austin et al (US 2022/0337010 A1) disclose a fixture mount.
Tabor (US 2022/0299177 A1) disclose a fixture mount.
Fierman (US 2022/0107063 A1) disclose a fixture mount.
Schoepf et al (US 2021/0364151 A1) disclose a fixture mount.
Garber et al (US 2004/0218396 A1) disclose a fixture mount.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E DUNAY whose telephone number is (571)270-1222. The examiner can normally be reached 7:00 am - 6:00 pm.
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, James (Jong-Suk) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER E DUNAY/Primary Examiner, Art Unit 2875
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