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 § 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.
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(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,719,738 (Lee) in view of U.S. Patent Application Publication No. 2007/0130874 (Teng-Fu).
Regarding Claim 21, Lee teaches: Claim 21 - an accessory (1) capable of/for handling a slab comprising: a body (AA) having a passageway (BB) therethrough for receiving a beam, the body (AA) further including slots (4) on either side of the passageway (BB), the slots (4) configured to receive connectors of a vacuum gripper; a lateral aperture (CC) on each side of the passageway (BB), wherein the lateral apertures (CC) extend in a direction parallel to the passageway (BB); and a vertical aperture (5) on each side of the passageway (BB), wherein the vertical apertures (CC) extend completely through an upper surface and a lower surface of the body (AA) in a direction perpendicular to the passageway (BB), (Figures 5-7 and Annotated Figure 5 Below).
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Lee does not teach: wherein the vertical apertures are threaded (Claim 21). However, Teng-Fu teaches: Claim 21 – construction blocks (10, 20, 30, 40, 50, 60, 70, 80, 90, 100 or 120) having a plurality of apertures (3) which could be vertically oriented, the apertures (3) being threaded (described in at least paragraph [0016]), (Figures 1-7). Therefore, it would have been obvious to one of ordinary skill in the art to modify the accessory of Lee to have wherein the vertical apertures are threaded (Claim 21) as taught by Teng-Fu for the purposes of being able to securely attach fasteners to the apertures of Lee.
Allowable Subject Matter
Claims 1-17 and 24 are allowed.
Claims 22 and 23 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258. The examiner can normally be reached on M-F, 8-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA E RODDEN/Primary Examiner, Art Unit 3642
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