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 were received on 10/2/25. These drawings are not accepted.
Replacement figure 1 includes a hole 54 in the fourth gutter 21, which does not appear to be supported in the original disclosure. Note par. [0032] appears to only support fasteners and corresponding holes with respect to the first gutter 17. Further, reference numeral “54” in replacement figure 7 does not appear to directed to a fourth vertical member (54) as described in par. [0035] of the amendment specification. Note that reference number “54” appears to be directed to two different elements (holes and a fourth vertical member).
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: 34 (fig. 1).
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. 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. 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:
The amendment to the specification designates reference numeral “54” to two different elements including holes as described in par. [0032] and a fourth vertical member as described in par. [0035].
Appropriate correction is required.
Claim Objections
Claims 1-6, 8-14 and 16-18 are objected to because of the following informalities:
With regard to claim 1 and 11: Line 2 of the claim, it appears the limitation “the purlin” should be --the elongated purlin-- for consistency of the claim language.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With regard to claim 18: The claim includes configurations that does appear to be supported in the original disclosure. The first gutter extending at a non-orthogonal angle from the first vertical member or the top vertical member does not appear to be supported in the original disclosure. The second and third gutters extending from the first vertical member does not appear to be supported in the original disclosure.
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 5, 11-14 and 16-18 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.
With regard to claim 5: It’s unclear as to how the first vertical member has a clip. It appears the top vertical member would have the clip as it extends from the second and third vertical members.
With regard to claim 11: Line 9-10 of the, it’s unclear as to how the top vertical member extends beyond the second gutter when the top vertical member defines the second gutter. For the purpose of examination, the top vertical member is considered to extend above the second horizonal member. Line 20 of the claim, the limitation “the panel” lacks sufficient antecedent basis. For the purpose of examination, the limitation is considered to be directed to --the strip--.
With regard to claim 18: The scope of the claim is unclear. As presented, the claim includes alternative language where multiple configurations are possible, which renders the claim indefinite. It’s unclear as to how the first gutter extends from the top vertical member at a non-orthogonal angle. It’s unclear as to how this is possible when the first gutter is formed together with the first vertical member. Further, it’s unclear as to how the first gutter would extend from the first vertical member when claim 11 recites that the first gutter is defined by the first vertical member and the first horizontal member. It’s unclear as to how the second gutter would extend from the top vertical member when claim 11 recites that the second gutter is defined by the top vertical member and the second horizontal member. It’s unclear as to how the third gutter would extend from the top vertical member when claim 11 recites that the third gutter is defined by the top vertical member and the fourth horizontal member. Further, it’s unclear as to how either the second or third gutters would extend from the first vertical member.
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) 1-6 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujii (JP 2012087519 A).
With regard to claim 1: Fujii discloses an elongated purlin capable with use with a structure to be supported, the elongated purlin comprising:
a first vertical member (51w) and a top vertical member (56, 57) defining a first side (left side) and a second side (right side), the first vertical member (51w) having an upper portion and a lower portion (fig. 1);
a first horizontal member (M) extending from the lower portion to at least partially define a first gutter (fig. 1);
a second horizonal member (N) extending from the upper portion on the first side to at least partially define a second gutter and a third horizontal member (O) extending from the upper portion on the second side to at least partially define a third gutter (fig. 1); and
wherein the top vertical member (56-57) extends from the second and third horizontal members (N, O) and configured to couple to the structure to be supported (figs. 1 and 6).
With regard to claim 2: Fujii discloses a first wall member (P) extending vertically from the first horizontal member (M) to define the first gutter, a second wall member (52s, left flange side surface) extending from the second horizontal member to define the second gutter, and a third wall member (52s, right flange side surface) extending from the third horizonal member (52s, right flange side surface) to define the third gutter (fig. 1).
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Fig. 1: Fujii (JP 2012087519 A)
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Fig. 2: Fujii (JP 2012087519 A)
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Fig. 3: Fujii (JP 2012087519 A)
With regard to claim 3: Fujii discloses that the top vertical member (56-57) has a top portion wherein the top portion has a clip (57) (fig. 1).
With regard to claim 4: Fujii discloses that the second horizontal member (N) extends at an obtuse angle (Z) from the first vertical member (51w) (fig. 3). Note that the third horizontal member (O) of Fujii extends at an obtuse angle from the first vertical member (51w) in similar manner (fig. 3).
With regard to claim 5: Fujii discloses a fourth vertical member (56-57) has a clip (57) to attach a panel mount (figs. 1 and 5-6).
With regard to claim 6: Fujii discloses that the first horizontal member (M) has at least one hole (receiving a fastener) (fig. 1).
With regard to claim 9: Fujii discloses that the elongated purlin is manufactured from one single piece or multiple pieces (fig. 1).
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujii (JP 2012087519 A) in view of Dean (US 2,082,792).
With regard to claim 8: Fujii does not disclose that the first vertical member has a groove which acts as a stiffening member.
However, Dean discloses vertical members (3 and 4) of a purlin having a groove (figs. 2 and 3-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated purlin of Fujii to have any of the vertical members, including the first vertical member, comprise a groove such taught by Dean in order to provide rigidity to the elongated purlin for resisting bending under load.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujii (JP 2012087519 A).
With regard to claim 10: Fujii does not disclose that the elongated purlin is made from stainless steel, carbon steel or aluminum.
Before the effective filing date of the claimed invention, one of ordinary skill in the art would have good reason to pursue the known options within his or her technical grasp, as the selected option was one of a finite number of available materials in order to provide desirable properties such as strength and durability. No new or unpredictable results would be obtained from modifying the elongated purlin of Fujii to be made of stainless steel, carbon steel or aluminum in order to provide desirable properties such as strength and durability. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Allowable Subject Matter
Claims 11-14 and 16-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The combination of all the elements of the claimed elongated purlin for use with a structure to be supported, the elongate purlin comprising a single strip of material bent, in particular a second horizontal member that together with the top vertical member defines a second gutter on the first side, wherein the top vertical member extends above the second horizontal member; a third horizontal member extends horizontally from the second gutter and serves as a mounting shelf; a double back bend that bends the strip to double back along the portion of the strip that extends to form the second gutter; and fourth horizontal member that together with the top vertical member defines a third gutter on the second side is not adequately taught or suggested in the cited prior art of record.
Response to Arguments
The previous objections to the drawings has been withdrawn in view of the amendment filed 10/2/25.
The previous objections of claims 1-10 has been withdrawn in view of amendment filed 10/2/25.
The previous rejections of claims 1-18 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been withdrawn in view of the amendment filed 10/2/15.
Applicant's arguments filed 10/2/25 have been fully considered but they are not persuasive.
Applicant argues that Fujii describes a beam with a closed hollow interior with a reinforcing wall splitting the closed interior. Applicant submits that Examiner mischaracterized the structure of Fujii as the structure partially defined by the horizontal member M and the vertical member P can in no way be described as a gutter.
Examiner respectfully submits that the first “gutter” formed by the horizontal member M and the vertical member P of Fujii is considered functionally equivalent to a channel. It is noted that the structure of Fujii meets the claim limitations as recited. Applicant has not pointed to any language, structure or functional language, in the claim that would distinguish the claimed “gutters” from the structure of Fujii.
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 JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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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.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633