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 Objections
Claim 9 is objected to because of the following informalities: line 5 contains an errant ”#”. Appropriate correction is required.
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 scupper collector head of claim 3, open extruded vertical channel configuration, extruded aluminum vertical channel with a polycarbonate exterior cover configuration, and closed aluminum tube configuration of claims 5 and 9 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 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.
Claim 1 recites the limitation "the roof assembly" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the top flanges" in line 3, “the gutter walls” in line 3, and “the roof finish flashing” in line 4”. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the rain-screen integral downspout assembly" in line 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the bottom portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the configuration of the rain-screen integrated downspout" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the recessed roof gutter to rain-screen integrated downspout to outlet assembly" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the day-lit downspout outlet assembly" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the downspout" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 1-10 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.
Regarding claim 1: It is unclear what comprises the “roof drainage gutter-downspout-outlet system”. It is assumed from the disclosure that it should consist of a gutter assembly, shown in figure 2 as a box gutter and a downspout as shown in figure 2. It will be examined accordingly but the claims must specifically point out the structure or properly invoke 35 USC 112 sixth paragraph.
Regarding claims 3, 4, 5, 9: It is unclear if the recitations within the parenthesis are required by the claim. See MPEP § 2173.05(d).
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: It is unclear how the mounting methods aid in removal.
Additional claims rejected under 35 USC 112 but not addressed are rejected as being dependent on a rejected base claim and failing to further remedy the issue(s).
Patentability of the claims over prior art will be determined once the scope of the claims and the structure they cover has been established.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 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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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635