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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: fin 300 recited in ¶0048 and slide mount 800 in ¶0057. 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.
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: 1030 and 1040 in Figure 10. 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.
The drawings are objected to because Paragraph 0049 recites in the specifications “The lower level is attached to the sliding mount 700 as shown in and described with respect to FIG. 7”, which is not shown in Figure 7. 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.
Specification
The disclosure is objected to because of the following informalities:
Applicant doesn't give a clear definition of "ABS" in paragraph 0047.
In paragraph 0054, applicant recites “FIG. 6 shows an arrangement in which the backplate 500 has a recess on the bottom with extrusions 680, 690”. However, Figure 6 shows the recess on the top instead of the bottom as recited.
In paragraph 0054, the phrase “conduit wire hole 420” should read as “conduit wire hole 415”. See paragraphs 0051, 0052, and 0053.
In paragraph 0054, the phrase “anchoring holes 310” should read as “anchoring holes 317”. See paragraphs 0048, 0049, and 0054.
In paragraph 0056, reference numeral “730” identifies both “the universal exit sign clip” and “the male ‘T’ end of the stem”.
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 2, 9, 10, and 11 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 2 recites the limitation "the effect of an impact to the apparatus" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 9, the phrase "one or more components comprising an elastomeric material arranged and configured to deform in response to an impact to a sign connected to the mount" is indefinite. It is unclear if the "sign" is claimed in combination with the sign mount. For examination purposes, the sign is not considered to be part of the claimed sign mount.
Regarding claim 10, it is unclear if the "sign" is the same as the sign recited in claim 9.
Claim 11 is rejected because it depends from rejected claim 9.
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:
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.
Claims 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4881707 A to Garfinkle:
Regarding claim 9, Garfinkle teaches a sign holder device (sign mount) comprising one or more components (hinge means 13) comprising an elastomeric material arranged and configured to deform in response to an impact to a sign connected to the mount, wherein deformation of the elastomeric material generates a force opposing and dampening effects of the impact (column 2, lines 16-34).
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Regarding claim 10, Garfinkle teaches sign (frame member 11 capable of supporting and displaying a sign (not shown), column 2, line 5-9) returns to a position within 8 degrees of an original vertical position in not more than one second after the impact (column 2, line 16-34). Garfinkle teaches resilient nature of hinge 13 enables frame member 11 to return to its predetermined vertical orientation as shown in FIG. 1 (column 2, line 23-25).
Regarding claim 11, Garfinkle teaches when the mount (sign holding device 9) is fixed to a ceiling, deformation of the elastomer prevents damage to the ceiling resulting from displacement of the sign (frame member 11 capable of supporting and displaying a sign (not shown), column 2, line 5-9) in response to the impact. Since the claim does not positively recite the ceiling in combination with the sign mount, the examiner contends the thermoplastic elastomer of the hinge of the sign holding device is capable of preventing damage to the ceiling.
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.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 4881707 A to Garfinkle in view of US 20200342792 to Gow.
Regarding claim 9, Gow teaches a mounting system (1612) for a light fixture sign comprising one or more components (springs 1622, 1624 and 1626) arranged and configured to deform in response to an impact to a sign (sign message structure 1605) connected to the mount (1612), wherein deformation of the springs (1622, 1624, 1624) generates a force opposing and dampening effects of the impact (column 19, lines 17-39).
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Gow does not teach the one or more components comprising elastomeric material.
Grewe teaches a compression coil springs can be made from any other type of resilient material, such as an elastomeric material (column 4, lines 53-57).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to substitute the spring components of the mounting system taught by Gow with elastomeric material as taught by Grewe with a reasonable expectation of success to provide a means to allow the sign to return to its original position if subject to contact with an outside force (Gow; column 19, lines 17-20). Such a modification would have involved a simple substitution of one known resilient means for another to obtain predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ 2D 1385 (2007).
Regarding claim 10, Gow teaches the sign (1605) returns to a position within 8 degrees of an original vertical position in not more than one second after the impact (column 17-39).
Regarding claim 11, Gow teaches when the mount is fixed to a ceiling (12), deformation of the spring prevents damage to the ceiling resulting from displacement of the sign in response to the impact.
Allowable Subject Matter
Claims 1-8 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, US 20120124873 to Lee teaches an emergency-light indicator comprising: a backplate (top plate 1) arranged and configured to be fixed to a surface and having a backplate aperture (not labeled, figure 2) to permit electrical wires to pass therethrough; a base plate (chassis 21) arranged and configured to be fixed to the backplate (1), the base plate (21) having a base plate aperture (not labeled, figure 2) to permit electrical wires to pass therethrough that aligns with the backplate aperture when the base plate is fixed to the backplate.
Lee does not teach a fin having a first surface arranged and configured to be fixed between the backplate and the base plate and a second surface having a proximal edge at which it is connected to the first surface and a distal edge, the second surface disposed at an angle of at least 45 degrees to the first surface; a sliding mount arranged and configured to slidably connect to the distal edge of the fin; and a wire conduit for conducting an electrical wire through the backplate aperture and the base plate aperture.
Regarding claim 1, US 6467208 to Patterson teaches a pivotal overhead lighted exit sign comprising: a backplate (plate 18) arranged and configured to be fixed to a surface (ceiling 12) and having a backplate aperture (apertures 50, figure 3) to permit electrical wires to pass therethrough;
Patterson does not teach a base plate arranged and configured to be fixed to the backplate, the base plate having a base plate aperture to permit electrical wires to pass therethrough that aligns with the backplate aperture when the base plate is fixed to the backplate, a fin having a first surface arranged and configured to be fixed between the backplate and the base plate and a second surface having a proximal edge at which it is connected to the first surface and a distal edge, the second surface disposed at an angle of at least 45 degrees to the first surface; a sliding mount arranged and configured to slidably connect to the distal edge of the fin; and a wire conduit for conducting an electrical wire through the backplate aperture and the base plate aperture.
Regarding claim 1, the prior art of record does not teach or suggest a sign mount comprising backplate configured to the a surface and having a backplate aperture (not labeled, figure 2) to permit electrical wires to pass therethrough; a base plate (chassis 21) configure to be fixed to the backplate and the base plate having a base plate aperture permit electrical wires to pass therethrough that aligns with the backplate aperture in combination with the other claimed limitations and further the prior art does not teach the combination of a fin having a first surface arranged to be fixed between the backplate and the base plate and a second surface connected to the first surface, wherein the second surface disposed at an angle of at least 45 degrees to the first surface; a sliding mount configured to slidably connect to the distal edge of the fin; and a wire conduit for conducting an electrical wire through the backplate aperture and the base plate aperture.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 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, 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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/CASSANDRA DAVIS/ Primary Examiner, Art Unit 3631
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