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 7 is objected to because of the following informalities:
Claim 7 recites “the first beam” which the examiner assumes for the purpose of this Office Action the applicant meant to state “the fixed beam” instead.
Appropriate correction is required.
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 6 is 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 6 recites the limitation “wherein the attachment slot is disposed below the attachment slot” which renders the claim indefinite because it is unclear to the examiner how the attachment slot can be disposed below itself. For the purpose of this Office Action the examiner assumes the applicant meant to state that the attachment groove is disposed below the attachment slot.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ingerman (2,321,916).
Ingerman discloses:
Claim 1: An attachment mechanism comprising:
an attachment plate (Fig. 4; 14) comprising an attachment slot (Fig. 4; 17/18) and an attachment groove (Fig. 4; 28),
wherein one or more of the attachment slot and the attachment groove are configured to receive one or more fastening mechanisms (Fig. 3; 22) to secure the attachment mechanisms to a fixed structure (Fig. 3; 24);
a cross plate (Fig. 4; 12) comprising a cross hole (Fig. 4; 16),
wherein the cross plate is fixedly connected to the attachment plate (Fig. 4; 12 and 14 are integral), and
wherein the cross plate is disposed perpendicular to the attachment plate (Fig. 4; 14 and 12 are perpendicular).
Claim 2: The attachment mechanism of claim 1, wherein the cross hole (Fig. 4; 16) defines a pivot point of the attachment mechanism (the cross hole is able to allow pivotal movement).
Claim 3: The attachment mechanism of claim 1, wherein the cross hole is aligned with one or more of the attachment slot or the attachment groove (Fig. 4; 16 is depicted as aligned with 17).
Claim 5: The attachment mechanism of claim 1, wherein the attachment slot comprises a keyhole-shaped slot (Fig. 4; 17/18).
Claim 6 as best understood by the examiner: The attachment mechanism of claim 5, wherein the attachment slot (Fig. 4; 17/18) and the attachment groove (Fig. 4; 28) are disposed on opposite sides of the cross plate (Fig. 4; 17/18 and 28 are disposed on opposite sides of 12), and wherein the attachment slot (Fig. 4; 28) is disposed below the attachment slot (Fig. 4; 17/18).
Claims 7-10 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seymoure (1,193,832).
Seymoure discloses:
Claim 7: An attachment system configured to support an edge protection system, wherein the attachment system comprises:
an attachment mechanism comprising:
an attachment plate (Fig. 1; 1) comprising an attachment slot (Fig. 1; 6 upper) and an attachment groove (Fig. 1; 6 lower),
wherein one or more of the attachment slot and the attachment groove are configured to receive one or more fastening mechanisms (Fig. 1; 7) to secure the attachment mechanisms to a fixed structure (Fig. 1; W);
a cross plate (Fig. 1; 5) comprising a cross hole (Fig. 1; 9), wherein the cross plate is fixedly connected to the attachment plate (Fig. 1; 1 and 5 are integral), and wherein the cross plate is disposed perpendicular to the attachment plate (Fig. 1; 1 and 5 are perpendicular);
a fixed beam (Fig. 1; 14) fixedly attached to the attachment mechanism (Fig. 1; at 4); and
a running beam (Fig. 1; 8) operably attached to the first beam such that the running beam is configured to move along a length of the fixed beam relative to the attachment mechanism (Fig. 1; 8 moves along a length of 14).
Claim 8: The attachment system of claim 7, further comprising a sliding bracket (Fig. 1; 12), wherein the sliding bracket is fixedly attached to the running beam (Fig. 1; via 11) and operatively engaged with the fixed beam, such that the sliding bracket is configured to move along the length of the fixed beam relative to the attachment mechanism (Lines 91-108).
Claim 9: The attachment system of claim 7, wherein the cross hole defines a pivot point (Fig. 1; at 9) of the attachment mechanism above the center of gravity of the fixed beam (Fig. 1; 14) such that the fixed beam is prevented from rotating relative to the attachment mechanism (Fig. 1; 14 is prevented from rotating when 12 is locked onto 15).
Claim 10: The attachment system of claim 7, wherein the cross hole is aligned with one or more of the attachment slot or the attachment groove (Fig. 1; the hole at 9 passing through 8 is aligned with both 6 upper and lower).
Claim 12: The attachment system of claim 7, wherein the attachment slot comprises a keyhole-shaped slot (Fig. 1; 6, Lines 60-67).
Claim 13: The attachment system of claim 12, wherein the attachment slot and the attachment groove are disposed on opposite sides of the cross plate, and wherein the attachment slot is disposed below the attachment slot (Fig. 1; 6 upper and lower are disposed on opposite sides of 5).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ingerman (2,321,916).
Claim 4: Ingerman discloses the attachment mechanism of claim 1, but fails to disclose wherein the cross plate is fixedly attached to the attachment plate via one or more weldments.
While Ingerman fails to specifically disclose the cross plate being fixedly attached to the attachment plate via one or more weldments, the examiner asserts that welds are commonly used to assemble metallic components. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to weld the cross plate to the attachment plate with a reasonable expectation of success because it would provide a secure means for attachment and reduce manufacturing costs.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Seymoure (1,193,832).
Claim 11: Seymoure discloses the attachment system of claim 7, but fails to disclose wherein the cross plate is fixedly attached to the attachment plate via one or more weldments.
While Seymoure fails to specifically disclose the cross plate being fixedly attached to the attachment plate via one or more weldments, the examiner asserts that welds are commonly used to assemble metallic components. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to weld the cross plate to the attachment plate with a reasonable expectation of success because it would provide a secure means for attachment and reduce manufacturing costs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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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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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635