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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 09 May 2023 and 02 December 2024. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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) 1-9, 13-14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Martin (US 10,794,063 B1).
Regarding claim 1, Martin discloses a railing system (see Fig. 12) comprising:
at least one post (122-123 in Fig. 12);
at least one rod (121b-d in Fig. 12) defining a first distal end and a second distal end (see Fig. 12); and
at least one connector assembly (10 in Figs. 1-3) operably coupling one of the first distal end or the second distal end of the at least one rod to the at least one post (see Figs. 7-9 for example), wherein the at least one connector assembly is configured for movably coupling the at least one rod to the at least one post such that the at least one rod is pivotable relative to the at least one post in at least one plane of movement (see Abstract).
Regarding claim 2, Martin discloses wherein the at least one post (122-123 in Fig. 12) comprises at least a first post (122) and a second post (123), the second post spaced apart from the first post (see Fig. 12), the at least one rod (121b-d) extending between the first post and the second post (see Fig. 12).
Regarding claim 3, Martin discloses wherein the at least one connector assembly (10 in Figs. 1-3) comprises at least a first connector assembly (A in annotated Figure 12 below) movably coupling the one of the first distal end or the second distal end to the first post (122 in Fig. 12) and a second connector assembly (B in annotated Figure 12 below) movably coupling the other of the first distal end or the second distal end to the second post (123 in Fig. 12).
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Figure 1. Annotated Figure 12.
Regarding claim 4, Martin discloses wherein the at least one connector assembly (10 in Figs. 1-3) is configured for movably coupling the at least one rod (121b-d in Fig. 12) to the at least one post (122-123 in Fig. 12) such that the at least one rod is pivotable relative to the at least one post in multiple planes of movement (see Abstract and see Fig. 12).
Regarding claim 5, Martin discloses wherein the at least one connector assembly (10 in Figs. 1-3) is configured for movably coupling the at least one rod (121b-d in Fig. 12) to the at least one post (122-123 in Fig. 12) such that the at least one rod is pivotable relative to the at least one post in at least a vertical plane of movement and a horizontal plane of movement (see Abstract and see Fig. 12).
Regarding claim 6, Martin discloses further comprising a rail (121a in Fig. 12) extending perpendicularly from the at least one post (122-123 in Fig. 12).
Regarding claim 7, Martin discloses further comprising at least one support (15 in Figs. 1-3) coupled to the at least one rod (121b-d in Fig. 12), the at least one support spaced from and extending generally parallel to the at least one post (122-123 in Fig. 13, see NOTE below).
NOTE: See in the Abstract, Figs. 1-3, and Fig. 13 that the support (15) can be moved relative to the post and therefore can be placed in a generally parallel position with respect to the post. Generally parallel is not defined in the specification and is therefore interpreted to mean any angle other than perpendicular to the post.
Regarding claim 8, Martin discloses wherein the at least one support (15 in Figs. 1-3) is further coupled to at least one of the rail (121a in Fig. 12, see Fig. 12) and a support surface upon which the railing system is assembled (see Fig. 12).
Regarding claim 9, Martin discloses wherein the at least one connector assembly (10 in Figs. 1-3) comprises:
a ball (14 in Figs. 1-3) coupled to the one of the first distal end or the second distal end of the at least one rod (121b-d in Fig. 12); and
a seat (12 in Figs. 1-3) coupled to the at least one post (122-123 in Fig. 12) and adapted to at least partially retain and pivotably receive the ball within the seat (see Figs. 1-3), wherein pivotal movement of the ball within the seat operably couples the at least one rod for pivotable movement relative to the at least one post in the at least one plane of movement (see Abstract and Figs. 1-3).
Regarding claim 13, Martin discloses wherein the connector assembly (10 in Figs. 1-3) further comprises a plate (11 in Figs. 1-3) coupled to and protruding outwardly from a wall of the at least one post (122-123 in Fig. 13), the plate defining at least one opening (see Fig. 1 for example) forming at least a portion of the seat (12 in Figs. 1-3), wherein at least a portion of the ball (14 in Figs. 1-3) is positioned behind the plate when the ball is retained within the opening (see Figs. 1-3).
Regarding claim 14, Martin discloses a connector assembly (10 in Figs. 1-3) for operably coupling a rod (121b-d in Fig. 12) to a post (122-123 in Fig. 12) within a railing system (see Fig. 12), the connector assembly comprising:
a ball (14 in Figs. 1-3) coupled to an end of the rod (see Fig. 12 for example); and
a seat (12 in Figs. 1-3) coupled to the post and adapted to at least partially retain and pivotably receive the ball within the seat (see Figs. 1-3), wherein pivotal movement of the ball within the seat operably couples the rod for pivotable movement relative to the post in at least one plane of movement (see Abstract).
Regarding claim 20, Martin discloses further comprising a plate (11 in Figs. 1-3) coupled to and protruding outwardly from a wall of the post (122-123, see Fig. 12), the plate defining at least one opening (see Figs. 1-3) forming at least a portion of the seat (see Figs. 1-3), wherein at least a portion of the ball is positioned behind the plate when the ball is retained within the at least one opening (see Figs. 1-3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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/ZAH/Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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