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 .
DETAILED ACTION
This communication is a first Office Action on the Merits. Claims 1-3 and 6-12, as originally filed 20 AUG. 2025, are pending and have been considered as follows; Examiner notes a typographical error in the response filed 20 AUG. 2025, whereby the header lists “Application No.: 18/594,945 Filing Date: March 4, 2024” but this document is being treated as part of the application 18/241,115:
Election/Restrictions
Applicant’s election without traverse of “SPECIES D without traverse. Claims 1-3 and 6-8 read on the elected species” in the reply filed on 20 AUG. 25 is acknowledged (presented as “SPECIES D. header track 102, legs 106+108, with lower retention leg 112 and tape 122, (FIG. 7-10)“ in the requirement mailed 20 JUN. 25).
Claim 9-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 20 AUG. 25.
Response to Amendment
The amendment to the claims filed 20 AUG. 25 does not comply with the requirements of 37 CFR 1.121(c). Claims 9-12 each appear to include an incorrect status identifier of “(Original)” as these claims appear to have been withdrawn at least in the above identified reply filed 20 AUG. 25.
These claims should have the correct status identifier of --(Withdrawn)--.
Amendments to the claims filed on or after July 30, 2003 must comply with 37 CFR 1.121(c) which states:
(c) Claims. Amendments to a claim must be made by rewriting the entire claim with all changes (e.g., additions and deletions) as indicated in this subsection, except when the claim is being canceled. Each amendment document that includes a change to an existing claim, cancellation of an existing claim or addition of a new claim, must include a complete listing of all claims ever presented, including the text of all pending and withdrawn claims, in the application. The claim listing, including the text of the claims, in the amendment document will serve to replace all prior versions of the claims, in the application. In the claim listing, the status of every claim must be indicated after its claim number by using one of the following identifiers in a parenthetical expression: (Original), (Currently amended), (Canceled), (Withdrawn), (Previously presented), (New), and (Not entered).
(1) Claim listing. All of the claims presented in a claim listing shall be presented in ascending numerical order. Consecutive claims having the same status of “canceled” or “not entered” may be aggregated into one statement (e.g., Claims 1–5 (canceled)). The claim listing shall commence on a separate sheet of the amendment document and the sheet(s) that contain the text of any part of the claims shall not contain any other part of the amendment.
(2) When claim text with markings is required. All claims being currently amended in an amendment paper shall be presented in the claim listing, indicate a status of “currently amended,” and be submitted with markings to indicate the changes that have been made relative to the immediate prior version of the claims. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived. Only claims having the status of “currently amended,” or “withdrawn” if also being amended, shall include markings. If a withdrawn claim is currently amended, its status in the claim listing may be identified as “withdrawn—currently amended.”
(3) When claim text in clean version is required. The text of all pending claims not being currently amended shall be presented in the claim listing in clean version, i.e., without any markings in the presentation of text. The presentation of a clean version of any claim having the status of “original,” “withdrawn” or “previously presented” will constitute an assertion that it has not been changed relative to the immediate prior version, except to omit markings that may have been present in the immediate prior version of the claims of the status of “withdrawn” or “previously presented.” Any claim added by amendment must be indicated with the status of “new” and presented in clean version, i.e., without any underlining.
(4) When claim text shall not be presented; canceling a claim.
(i) No claim text shall be presented for any claim in the claim listing with the status of “canceled” or “not entered.”
(ii) Cancellation of a claim shall be effected by an instruction to cancel a particular claim number. Identifying the status of a claim in the claim listing as “canceled” will constitute an instruction to cancel the claim.
(5) Reinstatement of previously canceled claim. A claim which was previously canceled may be reinstated only by adding the claim as a “new” claim with a new claim number.
However, rather than mail a Notice of Non-Compliant Amendment (37 CFR 1.121), and to facilitate an advancement of prosecution, the Examiner will examine the amended claims as presented 20 AUG. 25. Applicant is cautioned that any future response must present the correct status identifiers or the Examiner will be forced to send a Notice of Non-Compliant Amendment (37 CFR 1.121).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03 OCT. 2023 and 05 SEP. 24 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Due to the large submission, although the Examiner has identified the statement as having been considered and placed the statement in the file, Applicant is encouraged to identify any particularly relevant references and their relation to the instant invention for specific consideration.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1 rejected under 35 U.S.C. 103 as being unpatentable over Pilz US 20160208484 A1 in view of Becker US 5755066 A.
As per claim 1, Pilz teaches a fire-resistant component (“FIRE BLOCKING REVEAL” title) for providing a fire-block to a head-of-wall gap of a shaft wall, comprising:
a bent metal header component (reveal 120, FIG. 1), comprising:
a web (portion extending between 125 and 127, FIG. 2);
at least one downwardly-extending leg (portion of 120 extending from 125 towards unidentified free end, FIG. 2); and
a pair of spaced-apart retention legs (support 136 and kickout 128, FIG. 1-2) extending from opposing ends (see FIG. 1; the above identified support and kickout extend away from the upper and lower ends, as shown) of one of the at least one downwardly-extending leg (portion of 120 extending from 125 towards unidentified free end, FIG. 2); and
a strip (trim piece 13, FIG. 1) positioned in a space between the retention legs (support 136 and kickout 128, FIG. 1-2).
Pilz but fails to explicitly disclose:
drywall strip
Becker teaches such strips used for covering a gap as claimed, specifically:
drywall strip (wall member 20, 22, FIG. 4; these are considered “drywall” as broadly claimed)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Pilz by substituting the fire rated wall members as taught by Becker as a known element designed to resist fire in a construction joint.
As per claim 2 Pilz in view of Becker teaches the limitations according to claim 1, and Pilz further discloses the at least one downwardly-extending leg (portion of 120 extending from 125 towards unidentified free end, FIG. 2) comprises a pair of downwardly-extending legs (portions of 120 extending from 125 towards unidentified free end and from 128 to 123, FIG. 2) spaced apart on opposite sides (left side and right side of the above identified web) of the web (portion extending between 125 and 127, FIG. 2).
As per claim 3 Pilz in view of Becker teaches the limitations according to claim 1, and Pilz further discloses the drywall strip (trim piece 13, FIG. 1) is secured (see “trim piece 13 may be attached to the reveal 120” [0043]) to the header component (reveal 120, FIG. 1).
As per claim 6 Pilz in view of Becker teaches the limitations according to claim 1, and Pilz further discloses the header component (reveal 120, FIG. 1) is created from a single piece (see FIG. 2).
Claim 7-8 rejected under 35 U.S.C. 103 as being unpatentable over Pilz in view of Becker as applied to claim 1 above, and further in view of St. Germain US 6176053 B1.
As per claim 7 Pilz in view of Becker teaches the limitations according to claim 1 but fails to explicitly disclose:
A shaft wall assembly comprising the fire-resistant component of Claim 1.
St. Germain teaches such a fire resistant shaft wall, specifically:
A shaft wall assembly (“shaft wall, as shown in FIGS. 8 and 9” 10:17) comprising the fire-resistant component of Claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Pilz in view of Becker —the assembly of Cl. 1— by including the assembly in a shaft wall assembly as taught by St. Germain in order to protect an elevator assembly behind the shaft wall.
As per claim 8 Pilz in view of Becker and St. Germain teaches the limitations according to claim 7, and St. Germain further discloses the shaft wall assembly achieves a fire rating (“fire rated elevator shaft wall” 10:15) without fire sealant provided above a shaft liner between the shaft liner and the header component (see FIG. 3; this arrangement would provide a least some fire rating —without sealant— as broadly claimed). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Pilz in view of Becker and St. Germain by including the rating as taught by St. Germain in order to satisfy a particular building code and thereby provide reassurance to the occupants.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
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, BRIAN D 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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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635