DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “silicon or rubber gasket” claimed in claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claims 1, 2, 5-7, 9, 11, 13 and 16 are objected to because of the following informalities:
In claim 1 (line 7) “receive distal shoulders of a horizontal clip” should recite –receive a distal shoulder of a vertically-extending clip--.
In claim 1 (line 8) “the horizontal clip having a flange-like” should recite –a vertically-extending clip having a flange-shaped--.
In claim 2 (line 1) “horizontal” should recite –vertically-extending clip and--.
In claim 5 (line 2) “horizontal” should recite –vertically-extending--.
In claim 5 (line 7) “first upright” should recite –second upright--.
In claim 5 (line 9) “receive distal shoulders of a second horizontal clip” should recite –receive a distal shoulder of a second vertically-extending clip--.
In claim 5 (line 10) “the second horizontal clip having a flange-like” should recite –a second vertically-extending clip having a flange-shaped--.
In claim 6 (line 2) “horizontal clip and the second horizontal” should recite –vertically-extending clip and the second vertically-extending--.
In claim 7 (line 6) “extension, second extension” should recite –vertically-extending clip, second vertically-extending clip--.
In claim 9 (line 6) “horizontal” should recite –vertically-extending--.
In claim 9 (line 11) “the horizontal” should recite –a horizontal--.
In claim 9 (line 21) “second horizontal” should recite –second vertically-extending--.
In claim 9 (line 22) “the second horizontal” should recite –the second vertically-extending--.
In claim 9 (line 25) “the second horizontal” should recite –the horizontal--.
In claim 9 (line 33) “either side” should be deleted.
In claim 9 (line 34) “distal shoulders” should recite –a distal shoulder--.
In claim 11 (line 7) “distal shoulders of a first clip” should recite –a distal shoulder of a first vertically-extending clip--.
In claim 11 (line 8) “the first clip having a flange-like” should recite –a first vertically-extending clip having a flange-shaped--.
In claim 11 (line 17) “wall” should recite –wall, --.
In claim 11 (line 22) “distal shoulders of the first clip” should recite –a distal shoulder of a second vertically-extending clip--.
In claim 11 (line 24) “the second horizontal” should recite –a second vertically-extending--.
In claim 11 (line 28) “the slot” should recite –the second slot--.
In claim 11 (line 30) “second clips” should recite –second vertically-extending clips--.
In claim 13 (line 1) “second” should recite –second vertically-extending--.
In claim 16, line 3 should recite --the second panel fixed between the first and second vertically-extending clips; and--.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
Claim Rejections - 35 USC § 112
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 1-17 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.
Claim 1 (lines 8-12) recites “the horizontal clip having a flange-like cross-section including two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive a flat panel, a projection portion between the inner and outer walls projection beyond the outside wall, distal shoulders to engage the grooves along the sidewalls”.
Claim 5 (lines 10-14) recites “the second horizontal clip having a flange-like cross-section including two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive the flat panel, a projection portion between the inner and outer walls projection beyond the outside wall, distal shoulders to engage the grooves along the sidewalls”.
Claim 9 (lines 22-24) recites “the second horizontal clip having… distal shoulders to engage the grooves”.
Claim 11 (lines 8-12,24-28) recites “the first clip having a flange-like cross-section including two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive a flat panel, a projection portion between the inner and outer walls projection beyond the outside wall, distal shoulders to engage the grooves along the sidewalls… the second horizontal clip having a flange-like cross-section including two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive the flat panel, a projection portion between the inner and outer walls projection beyond the outside wall, distal shoulders to engage the grooves along the sidewalls”.
Examiner notes that Figure 11 clearly shows vertically extending clips 164,168 as the structural elements previously referred to by the recitation of "extensions" within the claims, which receive the vertically-extending edges of panels 162; and Figure 17 clearly shows horizontally-extending rails 350 as the structural elements previously referred to by the recitation of "horizontal clips" within the claims, which horizontally extend between first and second upright fence columns 20,32. Clearly, the use of the term "horizontal" to define the structural elements of vertically-extending clips 164,168 is inaccurate and/or misdescriptive; and renders claims 1, 5, 9 and 11 indefinite. Claims 2-8, 10 and 12-17 depend from claims 1, 9 and 11 and are likewise rejected as being indefinite.
For the purpose of examining the application, it is assumed that the term “vertically-extending clips” is to be used to refer to the structural elements of clips 164,168, and the term “horizontal clips” is to be used to refer to the structural elements of rails 350; along with the re-inclusion of all of the deleted claim limitations which previously properly recited the structural elements of the “extensions” and “horizontal clips”. The deleted limitations in clam 1 (lines 15-17), claim 5 (lines 15-18), and claim 9 (lines 8-10) must be re-inserted.
Claim 7 (line 3) recites the limitation "the second horizontal clip". There is insufficient antecedent basis for this limitation in the claim.
Examiner notes that such limitation was previously properly introduced in claim 6. Accordingly, the deleted limitations in clam 6 must be re-inserted.
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.
Claims 1, 4-6, 8, 11-13, 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Intermas Nets (EP 1 156 178) in view of Edgman (US 5,702,090).
As to claim 1 as best understood, Intermas Nets discloses a fence system comprising:
a first upright fence column 1, formed of a single piece, the first upright fence column having an inside wall sized to receive a base post 11 and an outside wall around the inside wall;
the first upright fence column including at least one slot 9 extending the length of the first upright fence column, defined by a pair of sidewalls from the outside wall toward the inside wall, the at least one slot having a pair of grooves along the sidewalls, each of the pair of grooves adapted to receive a distal shoulder of a vertically-extending clip;
a vertically-extending clip 4 having a flange-shaped cross-section including two walls joined by a back wall, defining an interior U-shaped cross-section adapted to receive a flat panel 6, distal shoulders 19 to engage the grooves along the sidewalls, and extending through the length of the slot; and
a horizontal clip 5 extending away from the first upright fence column, the horizontal clip having a width sized to be capable of being received in the at least one slot, the horizontal clip having a U-shaped opening adapted to receive a flat panel (Figures 1-3).
Intermas Nets fails to disclose a fence system wherein the vertically-extending clip includes two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining the interior U-shaped cross-section adapted to receive a flat panel.
Edgman teaches a fence system wherein a vertically-extending clip 52 includes two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive a flat panel 58, a projection portion between the inner and outer walls projecting beyond the outside wall of upright fence column 16, distal shoulders to engage grooves along sidewalls of a slot 56 of the upright fence column, and extending through the length of the slot; the spaced inner and outer walls of the clip enabling the clip to be resiliently snap-fit into the slot of the fence column, providing for easier assembly of the fence (Figures 2-5). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise a vertically-extending clip comprising spaced inner and outer walls, as taught by Edgman, in order to enable the clip to be resiliently snap-fit into the slot of the upright fence column, providing for easier assembly of the fence.
As to claim 4, Intermas Nets discloses a fence system wherein the flat panel 6 is composed of plastic, plastic composite, metal, metal composite, glass, glass composite, wood, wood composite, or a composite of any of them (Figures 1-3).
As to claim 5 as best understood, Intermas Nets discloses a fence system comprising a second upright fence column 1 and a second vertically-extending clip 4;
the second upright fence column formed of a single piece, the second upright fence column having an inside wall sized to receive a base post 11 and an outside wall around the inside wall;
the second upright fence column including a second at least one slot 9 extending the length of the second upright fence column, defined by a pair of sidewalls from the outside wall toward the inside wall, the second at least one slot having a pair of grooves along the sidewalls, each groove adapted to receive a distal shoulder of a second vertically-extending clip;
a second vertically-extending clip 4 having a flange-shaped cross-section including two walls joined by a back wall, defining an interior U-shaped cross-section adapted to receive the flat panel 6, distal shoulders 19 to engage the grooves along the sidewalls, and extending through the length of the slot; and
wherein the horizontal clip 5 extends to the second upright fence column (Figures 1-3).
Intermas Nets fails to disclose a fence system wherein the second vertically-extending clip includes two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining the interior U-shaped cross-section adapted to receive a flat panel.
Edgman teaches a fence system wherein a vertically-extending clip 52 includes two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive a flat panel 58, a projection portion between the inner and outer walls projecting beyond the outside wall of upright fence column 16, distal shoulders to engage grooves along sidewalls of a slot 56 of the upright fence column, and extending through the length of the slot; the spaced inner and outer walls of the clip enabling the clip to be resiliently snap-fit into the slot of the fence column, providing for easier assembly of the fence (Figures 2-5). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise a second vertically-extending clip comprising spaced inner and outer walls, as taught by Edgman, in order to enable the clip to be resiliently snap-fit into the slot of the upright fence column, providing for easier assembly of the fence.
As to claim 6, Intermas Nets fails to disclose a fence system wherein one or both of the vertically-extending clip and the second vertically-extending clip comprises a silicon or rubber gasket for holding the flat panel.
It is well-known and readily-apparent within the art to provide a silicon or rubber gasket between panels and retaining clips or brackets; the gasket providing for a more secure, slip-free coupling between the panel and the clip or bracket. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise a silicon or rubber gasket between the panel and the vertically-extending clips, as it is well-known and readily-apparent within the art to provide a silicon or rubber gasket between panels and retaining clips or brackets in order to providing for a more secure, slip-free coupling between the panel and the clip or bracket.
As to claim 8, Intermas Nets discloses a fence system wherein the second upright fence column 1 incorporates at least two elongated sidewalls of sufficient width capable of accommodating a conventional lockset (Figures 1-3).
As to claim 11 as best understood, Intermas Nets discloses a fence system comprising:
a first upright fence column 1, formed of a single piece, the first upright fence column having an inside wall sized to receive a base post 11 and an outside wall around the inside wall;
the first upright fence column including a first slot 9 extending the length of the first upright fence column, defined by a pair of sidewalls from the outside wall toward the inside wall, the first slot having a pair of grooves along the sidewalls, each of the pair of grooves adapted to receive a distal shoulder of a first vertically-extending clip;
a first vertically extending clip 4 having a flange-shaped cross-section including two walls joined by a back wall, defining an interior U-shaped cross-section adapted to receive a flat panel 6, distal shoulders 19 to engage the grooves along the sidewalls, and extending through the length of the slot; and
a second upright fence column 1, formed of a single piece, the second upright fence column having a second inside wall sized to receive a base post and a second outside wall around the second inside wall, the second upright fence column including a second slot 9 extending the length of the second upright fence column, defined by a second pair of sidewalls from the second outside wall toward the second inside wall, the second slot having a second pair of grooves along the second pair of sidewalls, each of the second pair of sidewalls adapted to receive a distal shoulder of a second vertically-extending clip;
a second vertically-extending clip 4 having a flange-shaped cross-section including two walls joined by a back wall, defining an interior U-shaped cross-section adapted to receive the flat panel, distal shoulders 19 to engage the grooves along the sidewalls, and extending through the length of the second slot; and
a panel 6 extending between the first upright fence column and the second upright fence column, fixed at either side within the first and second vertically-extending clips within the first and second slot (Figures 1-3).
Intermas Nets fails to disclose a fence system wherein the first and second vertically-extending clips each include two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining the interior U-shaped cross-section adapted to receive a flat panel.
Edgman teaches a fence system wherein a vertically-extending clip 52 includes two pairs of inner and outer walls joined by a back wall and having a gap therebetween, the inner walls defining an interior U-shaped cross-section adapted to receive a flat panel 58, a projection portion between the inner and outer walls projecting beyond the outside wall of upright fence column 16, distal shoulders to engage grooves along sidewalls of a slot 56 of the upright fence column, and extending through the length of the slot; the spaced inner and outer walls of the clip enabling the clip to be resiliently snap-fit into the slot of the fence column, providing for easier assembly of the fence (Figures 2-5). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise first and second vertically-extending clips each comprising spaced inner and outer walls, as taught by Edgman, in order to enable the clip to be resiliently snap-fit into the slot of the upright fence column, providing for easier assembly of the fence.
As to claim 12, Intermas Nets discloses a fence system comprising a pair of horizontal clips 5, the pair of horizontal clips extending between the first upright fence column 1 and second upright fence column 1, the pair of horizontal clips having a width sized to be capable of being received in the first and second slots 9 of the first and second upright fence columns, the pair of horizontal clips having a U-shaped opening adapted to receive a panel 6; and
the panel fixed within the U-shaped openings of the pair of horizontal clips (Figures 1-3).
As to claim 13, Intermas Nets discloses a fence system wherein the first and second vertically-extending clips 4 and the pair of horizontal clips 5 are joined together to form a rectangular shape surrounding the panel 6 (Figures 1-3).
As to claim 15, Intermas Nets discloses a fence system wherein the panel 6 is composed of plastic, plastic composite, metal, metal composite, glass, glass composite, wood, wood composite, or a composite of any of them (Figures 1-3).
As to claim 17, Intermas Nets discloses a fence system wherein the first upright fence column 1 and the second upright fence column 1 form a gate and the second upright fence column incorporates at least two elongated sidewalls of sufficient width capable of accommodating a conventional lockset (Figures 1-3).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Intermas Nets in view of Edgman, as applied to claim 1 above, and further in view of Socredis (FR 2 983 895).
As to claim 2, Intermas Nets discloses a fence system wherein the vertically-extending clip 4 and horizontal clip 5 are cut at 90° angles and fastened to the first upright fence column 1; instead of being cut at 45° angles.
Socredis teaches a fence system wherein a vertically-extending clip 63 and horizontal clip 63 are cut at 45° angles and fastened to a first upright fence column 1; (Figure 2).
Inasmuch as the references disclose 45° joints and 90° joints between orthogonally abutting vertically-extending and horizontal clips as art recognized structural and functional equivalents, it would have been obvious to one of ordinary skill in the exercise art to substitute one for the other. In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Intermas Nets in view of Edgman and Socredis, as applied to claim 2 above, and further in view of Hudson Hardware & Plastics (FR 3 041 013).
As to claim 3, Intermas Nets fails to disclose a fence system wherein each horizontal clip is held in place adjacent to each extension using L-shaped fasteners.
Hudson Hardware & Plastics teaches a fence system wherein a horizontal clip 20 is held in place adjacent to a fence column 11 using L-shaped fasteners 30; the L-shaped fasteners providing for a rigid secure connection between the clip and the column (Figure 3). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise L-shaped fasteners holding the horizontal clips in place adjacent the extensions, as taught by Hudson Hardware & Plastics, in order to provide for a rigid secure connection between the clips and the extensions.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Intermas Nets in view of Edgman, as applied to claim 12 above, and further in view of Hudson Hardware & Plastics.
As to claim 14, Intermas Nets fails to disclose a fence system wherein each horizontal clip is held in place adjacent to each extension using L-shaped fasteners.
Hudson Hardware & Plastics teaches a fence system wherein a horizontal clip 20 is held in place adjacent to a fence column 11 using L-shaped fasteners 30; the L-shaped fasteners providing for a rigid secure connection between the clip and the column (Figure 3). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise L-shaped fasteners holding the horizontal clips in place adjacent the extensions, as taught by Hudson Hardware & Plastics, in order to provide for a rigid secure connection between the clips and the extensions.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Intermas Nets in view of Edgman, as applied to claims 6 and 12 above, and further in view of Solumod (FR 3 065 979).
As to claim 7 as best understood, Intermas Nets fails to disclose a fence system comprising a second panel, third horizontal clip, and fourth horizontal clip; the third horizontal clip above the second horizontal clip and extending from the at least one slot of the first column to the second at least one slot of the second column and having a U-shaped portion opening upward; the second panel being slotted into the vertically-extending clip, second vertically-extending clip, and third horizontal clip; and the fourth horizontal clip extending from the at least one slot of the first column to the at least one slot of the second column and having a U-shaped portion opening downward and slotted over the second panel.
Solumod teaches a fence system comprising a first and second panel 9, and first, second, third and fourth horizontal clips 8; the third horizontal clip above the second horizontal clip and extending from a slot of a first column 1 to a second slot of a second column 1 and having a U-shaped portion opening upward; the second panel being slotted into the first and second column, and third horizontal clip; and the fourth horizontal clip extending from the slot of the first column to the slot of the second column and having a U-shaped portion opening downward and slotted over the second panel; the second panel and corresponding second pair of horizontal clips providing for a more aesthetically pleasing fence (Figure 6). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise a second panel and corresponding second pair of horizontal clips, as taught by Solumod, in order to provide for a more aesthetically pleasing fence.
As to claim 16, Intermas Nets fails to disclose a fence system comprising a second panel and second pair of horizontal clips; the second panel fixed between the first and second vertically-extending clips; and the second panel additionally fixed in U-shaped openings of the second pair of horizontal clips.
Solumod teaches a fence system comprising a first and second panel 9 and a first and second pair of horizontal clips 8; the first and second panels fixed between the first and second fence columns 2; and the second panel additionally fixed in U-shaped openings of the second pair of horizontal clips; the second panel and corresponding second pair of horizontal clips providing for a more aesthetically pleasing fence (Figure 6). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence system disclosed by Intermas Nets to comprise a second panel and corresponding second pair of horizontal clips, as taught by Solumod, in order to provide for a more aesthetically pleasing fence.
Allowable Subject Matter
Claims 18-20 are allowed.
Claims 9 and 10 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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 have been considered but are moot because the new ground of rejection does not rely on the same references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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07/17/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
Prosecution Insights