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 § 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 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donelson (U.S. Patent No. D997,075).
Regarding claim 1, Donelson discloses a bracket (Fig. 1) capable of use for wall framing to secure a header perpendicularly to a stud, the bracket including a back-plate (Back Plate, Reproduced Fig. 1) configured to be secured to the stud; and opposed sides (1st and 2nd Side) extending from the back-plate, the sides spaced apart to allow arranging against, and fixing to, opposed surfaces of the header, wherein one of the sides defines an opening (Opening) to allow access to the other side to secure one or more fasteners therethrough and into the header.
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Regarding claim 2, Donelson discloses the opening (Opening) is defined between a pair of spaced tabs (Tabs).
Regarding claims 3 and 9, Donelson discloses the back-plate (Back Plate) defines a plurality of apertures (Plate Aperture), each aperture configured to receive a fastener to allow securing the bracket to the stud.
Regarding claims 4 and 10, Donelson discloses wherein at least one of the sides (1st and 2nd Side) defines a further plurality of apertures (Side Aperture), each further aperture configured to receive a fastener to allow securing the bracket to the header.
Regarding claims 5 and 11-15, Donelson discloses wherein the side (1st Side) accessible through the opening defines a width dimensioned to be less than a width defined by the back-plate (Fig. 1).
Regarding claim 6, Donelson discloses wherein the width defined by the back-plate (Back Plate) is dimensioned to be substantially equal to a width defined by the stud.
Claim(s) 1-2 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Russell (U.S. Patent No. 5,547,169).
Regarding claim 1, Russell discloses a bracket (50, Figs. 1-3) capable of use for wall framing to secure a header perpendicularly to a stud, the bracket including a back-plate (52) configured to be secured to the stud; and opposed sides (approximate 56) extending from the back-plate, the sides spaced apart to allow arranging against, and fixing to, opposed surfaces of the header, wherein one of the sides defines an opening (approximate 54, Fig. 3) to allow access to the other side to secure one or more fasteners therethrough and into the header.
Regarding claim 2, Russell discloses the opening (approximate 54) is defined between a pair of spaced tabs (56).
Regarding claim 8, Russell discloses a wall framing assembly (Figs. 1-3) including a stud (10); a bracket according to claim 1; and a header (70) having opposed sides and defining an elongate slit (74, Fig. 3) extending along a length of one of the sides, the slit dimensioned to be equal to, or greater than, the opening of the bracket to allow access through the opening (Fig. 3).
Claim(s) 1-5 and 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eveland et al. (U.S. Patent No. D919,413).
Regarding claim 1, Eveland et al. discloses a bracket (Fig. 1) capable of use for wall framing to secure a header perpendicularly to a stud, the bracket including a back-plate (“Back Plate”, Reproduced Fig. 1) configured to be secured to the stud; and opposed sides (1st and 2nd Side) extending from the back-plate, the sides spaced apart to allow arranging against, and fixing to, opposed surfaces of the header, wherein one of the sides defines an opening (Opening) to allow access to the other side to secure one or more fasteners therethrough and into the header.
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Regarding claim 2, Eveland et al. discloses the opening (Opening) is defined between a pair of spaced tabs (Tabs).
Regarding claims 3, 9 and 14, Eveland et al. discloses the back-plate (Back Plate) defines a plurality of apertures (Apertures), each aperture configured to receive a fastener to allow securing the bracket to the stud.
Regarding claims 4 and 10, Eveland et al. discloses wherein at least one of the sides (1st Sides) defines a further plurality of apertures (Side Aperture), each further aperture configured to receive a fastener to allow securing the bracket to the header.
Regarding claims 5,11-13 and 15, Evans et al. discloses wherein the side (1st Side) accessible through the opening (Opening) defines a width dimensioned to be less than a width (approximate end opposite back plate) defined by the back-plate.
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) 6-7 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eveland et al. (U.S. Patent No. D919,413).
Regarding claim 6, Eveland et al. discloses the width defined by the back-plate (Back Plate) as set forth above, but does not disclose the width being dimensioned to be substantially equal to a width defined by the stud. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a bracket that had a back plate width that was dimensioned to be equal a stud width to produce a connection that was congruent with one another.
Regarding claims 7 and 16-20, Eveland et al. discloses wherein the side (1st Side) defining the opening defines a width, but does not disclose the width being dimensioned to be equal to the width defined by the back-plate (Back Plate). However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a bracket that had the opening (Opening) of the (1st side) that was dimensioned to be equal the width defined by the back-plate to produce an opening that were congruent with one another.
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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633