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 § 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 15 and all claims depending therefrom 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 15 recites “the frame comprises legs”, “each leg having one of the wheels at a bottom end thereof” and then later recites “the first and second frame members each comprising a pair of legs at opposite ends thereof”, it is unclear if these are the same as or in addition to the legs previously recited in the claims. Claim 15 further recites, as well as claim 16 recites “the legs”, it is unclear to which previous recitation of “legs” this is referring. The indefiniteness resulting in confusion regarding the scope of the claim.
Claim 17 recites “a pair of protection braces”, it is unclear if this is in addition to or the same as the “a protection brace” previously recited in claim 16, causing confusion regarding the scope of the claimed invention.
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) 1-7,9-12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Hossler (10981726).
Claim 1. Hossler discloses a truss assembly comprising:
a truss section (12) having a plurality of chords (22) extending longitudinally and defining a volume therebetween, the truss section further including a sliding rail (16) positioned within the volume and connected to the plurality of chords; and
at least one bracket (18) having a first portion slidably coupled to the sliding rail and a second portion connected to the first portion and defining a hanging point adapted to support a load (as noted in the figures and disclosure).
Claim 2. The truss assembly of claim 1, wherein the plurality of chords comprises a pair of top chords (22) and a pair of bottom chords (22), the truss assembly further comprising: chord web members (28) extending between and connecting the bottom chords to the top chords and extending between and connecting the top chords to one another; and rail web members (32) extending between and connecting the sliding rail to the plurality of chords, wherein a general area below the sliding rail is free of chord and rail web members (as noted in the figures and disclosure).
Claim 3. The truss assembly of claim 2, wherein the sliding rail comprises a pair of tubes (34,36) spaced from one another and defining a channel therebetween (as seen in the figures), the first portion of the at least one bracket being adapted to slide along the pair of tubes within the channel (as seen in at least figures 7-8 and noted throughout the disclosure).
Claim 4. The truss assembly of claim 3, wherein the first portion of the at least one bracket has a generally “I” shape and is adapted to extend between, above and below the pair of tubes (as seen in figures 2-3,7-8 and noted throughout the disclosure).
Claim 5. The truss assembly of claim 3, wherein the first portion of the at least one bracket comprises a central segment (such as at 42/46) adapted to be positioned between the pair of tubes and a top segment (47) extending from the central segment and adapted to engage a top surface of the pair of tubes (as seen in the figures and noted throughout the disclosure).
Claim 6. The truss assembly of claim 3, wherein the pair of tubes are connected to one another via bolts (50) extending through the channel at a plurality of connection points (31) along a length of the pair of tubes, and wherein at least some of the bolts define respective bracket stops adapted to limit movement of the at least one bracket along the channel (col. 3, lines 16-22).
Claim 7. The truss assembly of claim 3, wherein the pair of tubes are secured to one another via connection members (50) extending across the channel at a plurality of connection points (31) along a length of the pair of tubes, and wherein at least some of the connection members define respective bracket stops adapted to limit movement of the at least one bracket along the channel (col. 3, lines 16-22).
Claim 9. The truss assembly of claim 5, wherein the first portion comprises a threaded aperture (at 43 as seen in figure 3) and the second portion comprises a threaded rod (41) operatively coupled to the threaded aperture and adapted to enable adjustment of a position of the hanging point relative to the first portion, and wherein the threaded aperture extends through the central segment and top segment (as seen in figure 3; col. 2, lines 47-67).
Claim 10. The truss assembly of claim 9, wherein the second portion (44/49) is adapted to be positioned below the sliding rail, and wherein the threaded rod extends generally perpendicularly relative to the sliding rail (as seen in figure 3; col. 2, lines 47-67).
Claim 11. The truss assembly of claim 9, wherein the first portion (42/46) further comprises a bottom segment (45 and/or48) having a threaded hole operatively connectable to the threaded rod, the bottom segment being adapted to engage the sliding rail and the central segment from below to fasten the at least one bracket in place along the sliding rail (as seen in figures 7-8; col. 2, lines 47-67).
Claim 12. The truss assembly of claim 9, wherein the threaded rod comprises a slot (defined along and by the threads) defined along a section thereof, and wherein the first portion of the at least one bracket comprises a stop pin (52) adapted to engage the slot when the threaded rod is engaged with the threaded aperture, the stop pin being configured to engage the slot to at least partially prevent movement of the threaded rod along the threaded aperture (as seen in figure 3).
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(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hossler (10981726).
Claim 8. Hossler discloses the truss assembly of claim 7, but does not expressly disclose wherein the connection members are welded to the pair of tubes.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to switch the twist lock of Hossler to be a welded connection member because applicant has not disclosed that the welded connection member provides an advantage, is used for a particular purpose, or solves a stated problem. Furthermore applicant discloses multiple variations of a connection member between the pair tubes including a bolted connection One of ordinary skill in the art, furthermore, would have expected the rail of Hossler, and applicant’s invention to perform equally well with either twist lock taught by Hossler or the claimed welded connection member because both connection types would perform the same function of connecting the rail members and acting as a stop equally well considering applicant’s disclosure and the disclosure of Hossler.
Therefore, it would have been prima facie obvious to modify Hossler to obtain the invention as specified in claim 8 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Hossler.
Claim(s) 1-2,13-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Dodd (8099913).
Claim 1. Dodd discloses a truss assembly comprising:
a truss section (21) having a plurality of chords (23,24,25,26) extending longitudinally and defining a volume therebetween, the truss section further including a sliding rail (36) positioned within the volume and connected to the plurality of chords; and at least one bracket (91) having a first portion slidably coupled to the sliding rail and a second portion connected to the first portion and defining a hanging point adapted to support a load (as seen in the figure and noted at least at col. 4, lines 33-43).
Claim 2. The truss assembly of claim 1, wherein the plurality of chords comprises a pair of top chords (23,24) and a pair of bottom chords (25,26), the truss assembly further comprising: chord web members extending between and connecting the bottom chords to the top chords (27 and/or 28) and extending between and connecting the top chords to one another (any combination of 30,31,32,33); and rail web members (35) extending between and connecting the sliding rail to the plurality of chords, wherein a general area below the sliding rail is free of chord and rail web members (as seen in the figures and noted in the disclosure).
Claim 13. The truss assembly of claim 1, further comprising a wheel assembly having a frame 22) connectable to the truss section and wheels (55,56) coupled to the frame, the wheel assembly being operable between a mobile configuration, where the frame and the wheels extend below the truss section to enable displacement thereof, and a stationary configuration, where the frame and the wheels extend above the truss section (as noted in the figures and disclosure at least at col. 3-4).
Claim 14. The truss assembly of claim 13, further comprising an anti-sway mechanism (26 and/or 35) connectable to the frame and configured to prevent the load from swaying and impacting the wheel assembly when in the mobile configuration.
Claim 15. The truss assembly of claim 14, wherein the frame comprises legs (the legs 52,53 as seen in the figures) removably connectable to opposite ends of the truss section, each leg having one of the wheels at a bottom end thereof (as seen in the figures), and wherein the frame comprises a first frame member (one of 50,51) and a second frame member (the other of 50,51) provided on opposite sides across a width of the truss section, the first and second frame members each comprising a pair of legs (52,53) at opposite ends thereof, and wherein the legs are connected to respective corners of the truss section (as seen in the figures).
Claim 16. The truss assembly of claim 15, wherein the anti-sway mechanism comprises a protection brace (members 27) connected to the legs of the first and second frame members and being positioned between the first frame member and the second frame member, the protection brace being shaped and adapted to define a retainment space configured to receive part of the load hanging from the at least one bracket (as seen in the figures).
Claim 17. The truss assembly of claim 16, wherein the anti-sway mechanism comprises a pair of protection braces connected to respective ends of the frame between the first and second frame members (as seen in the figure).
Claim 18. The truss assembly of claim 1, wherein the truss section is a modular truss section adapted to be connected to another modular truss section in an end-to-end manner (col. 4, lines 19-32).
Claim 19. Dodd discloses a truss assembly comprising:
a truss support structure (20);
a bracket (91) coupled to the truss support structure and adapted to support a load (col. 4, lines 33-50);
a wheel assembly (22) comprising a frame connectable to the truss support structure and wheels (55,56) coupled to the frame, the wheel assembly being operable between a mobile configuration, where the frame and the wheels extend below the truss support structure to enable displacement thereof, and a stationary configuration, where the frame and the wheels extend above the truss support structure or are disconnected from the truss support structure (as noted in the figures and col. 3); and
an anti-sway mechanism (30,32) connectable to the frame and configured to prevent the load from impacting the wheel assembly and the truss support structure when in the mobile configuration.
Claim 20. Dodd discloses a truss assembly having a truss support structure, comprising:
a sliding rail (36) positioned within and extending along the truss support structure (21); and at least one bracket (91) slidably coupled to the sliding rail and defining a hanging point adapted to support a load (col. 4, lines 33-50).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635