DETAILED ACTION
Claim Objections
Claim 9 is objected to because they substantially duplicate the
language of the claims from which they depend (Claims 6 and 8) and therefore fail to
further limit those claims. An appropriate correction is required.
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)(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) 1-6, 8, and 9 is/are rejected under 35 U.S.C. 102(a2) as being anticipated by Ellsworth (U.S. 6,540,196).
In re Claims 1, Ellsworth teaches an elongate support member (16) having a first end, a second end, opposite the first end, a connecting portion between the first end and second end that has a polygonal cross- section with rounded vertices; a first fastener means adjacent/close to the first end; and a second fastener means adjacent the second end. (Figures 1-3, Annotated Figure)
PNG
media_image1.png
477
558
media_image1.png
Greyscale
The limitations “to attach the building truss wire guard apparatus to a truss member “are functional limitations directed to the intended use of the product and are afforded only limited weight in a product claim. Likewise, the term “building truss wire guard” is directed to the intended use of the elongate support member. The product is capable of performing the functions. The claim is only positively claiming an elongated support having a first and second end, a connecting portion between said ends, and a fastening means adjacent each of the first and second ends. Thus, since Ellsworth teaches all those features, the claim stands rejected.
In re Claim 2, 4, 5, and 8, Ellsworth teaches the elongate support member further having :a first plurality of channels/perforations adjacent/close to the first end, the first channel generally perpendicular to a longitudinal axis of the elongate support member, and a second plurality of channels/perforations adjacent the second end, the second channel generally perpendicular to a longitudinal axis of the elongate support member. The examiner notes that the paragraph 23 of the application describes apertures (602-807) as channels. A plurality of channels are located between the first and second ends, the plurality of channels generally perpendicular to a longitudinal axis of the elongate support member. (Figures 1-3, Annotated Figure)
In re Claim 3, Ellsworth teaches an elongate support member (16) is a single piece. (Figures 1-3, Annotated Figure)
In re Claim 6 and 9, Ellsworth teaches a plurality of single piece elongate support members (16 or 18). Each single piece elongate support member (16 or 18) having a first end with a generally planar portion, a second end, opposite the first end, with a generally planar portion. For multiple signs there would e multiple support members (16 or 18). The term portions is broad an can refer to in region or section. The tube ends have flat planar side portions. Ellsworth teaches a connecting portion between the first end and second end that has a polygonal cross-section with rounded vertices; a first channel adjacent the first end, the first channel generally perpendicular to a longitudinal axis of the single piece elongate support member, and a second channel adjacent the second end, the second channel generally perpendicular to a longitudinal axis of the single piece elongate support member, a first fastener means adjacent/close to the first end, and a second fastener means adjacent/close to the second end. The examiner notes that the paragraph 23 of the application describes apertures (602-807) as channels. (Figures 1-3, Annotated Figure)
The limitations “to attach the building truss wire guard apparatus to a truss member “, “for placement in the first channel”, and “for placement in the second channel” are functional limitations directed to the intended use of the product and are afforded only limited weight in a product claim. Likewise, the term “building truss wire guard” is directed to the intended use of the elongate support member. The product is capable of performing the functions.
Response to Arguments
Applicant's arguments filed on 12/31/25 with respect to the claims have been considered but are moot in view the amended claim language requiring a new ground(s) of rejection based on the Ellsworth reference.
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 ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571) 272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM G BARLOW/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633