DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/26/2025 has been entered.
This communication is a Non-Final rejection Office Action on the merits. Claim(s) 1, 3, and 5 have been amended, and claim(s) 16 and 17 have been previously withdrawn. Claims 1-17 are pending and have been considered below.
Allowable Subject Matter
Claim 6 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. In particular, the limitation “A construction structure comprising: the elongated section according to claim 1; a first retaining member for engaging with the first retaining channel of the elongated section, the first retaining member comprising: the first end for engaging with the channel slot of the first retaining channel; and the second end opposite to the first end, the second end for engaging with the channel end of the first retaining channel” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification to include the construction structure having a first retaining member with the structure as claimed, would require impermissible hindsight or piecemeal reconstruction to arrive at the claimed subject matter. Claims 7-15 depend from claim 6, and are therefore objected to as well.
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.
Claim(s) 1-5, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kitz (DE 3830607 A1 with Espacenet translation).
Regarding claim 1, Kitz teaches an elongated section for construction structures (structural profile; para 1), the elongated section comprising a plurality of sides (figure 1) that enclose a core (2) of the elongated section (figure 1), each pair of sides of the plurality of sides defining a respective corner of the elongated section (figure 1), each side of the plurality of sides comprising: a first retaining channel (5-left) and a second retaining channel (5-right) adjacent to the respective corner of the elongated section (figure 1), the first and second retaining channels being a mirror image of each other (figure 1); each retaining channel configured for engaging a respective retaining member for supporting a structural panel between the retaining members (it is understood that each retaining channel is capable of engaging a respective retaining member for supporting a structural panel between the retaining members; the examiner notes that the retaining channel is not being positively claimed); and each retaining channel comprising: a channel slot (at 6) extending perpendicularly into the side (as illustrated, by the vertical axis line, the slot extends in a direction that is directed perpendicularly into the side; figure 1), the channel slot capable of slidingly engaging a first end of a front face of the respective retaining member; and a channel end (at 5; figure 1) opposite to the channel slot (figure 1) capable of engaging a second end of a rear face of the respective retaining member, wherein the first end slidingly engaged into the channel slot holds the front face and enables compression of the rear face towards the front face and enables releasing of the compression to move the rear face away from the front face, thereby engaging the second end in the channel end (it is understood that depending on the shape, size, and material of an retaining member, it would be capable of engaging a second end of a rear face of the respective retaining member, wherein the first end slidingly engaged into the channel slot holds the front face and enables compression of the rear face towards the front face and enables releasing of the compression to move the rear face away from the front face, thereby engaging the second end in the channel end).
Regarding claim 2, Kitz teaches the channel end comprises a notch (at 5; figure 1) capable of engaging with a hook of the second end of the respective retaining member.
Regarding claim 3, Kitz teaches the elongated section comprises four corners and four mutually perpendicular sides (figure 1), such that each pair of the mutually perpendicular sides is defined by a respective one of the four corners (figure 1).
Regarding claim 4, Kitz teaches the sides are identical to each other (figure 1).
Regarding claim 5, Kitz teaches the core is hollow (figure 1).
Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection. New reference Kitz (DE 3830607 A1 has been added to overcome the newly added limitations. Applicant’s amendments have overcome the previous claim rejection in view of Cooper and the reference has been withdrawn for failure to show the a core wherein each pair of sides defines a corner of the elongated section. The new limitations are overcome in view of Kitz.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633