FIRST NON-FINAL REJECTION
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 .
Information Disclosure Statement
The information disclosure statement filed 11/13/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered (A copy of the cited non-patent literature publications was not provided).
Claim Rejections - 35 USC § 103
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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phelps U.S. Patent 9,128,011 in view of Sersen U.S. Patent 5,067,353.
With respect to claims 1, 5, 7, 11, 13, and 19, Phelps teaches a load distribution bar (plates 810, 820, 830, figure 8A); wherein the load distribution bar is constructed of a rigid material (the plates have attachment bolts therefore they are a rigid material, figure 8A); wherein the load distribution bar comprises a lifting pick point (the points where the bolts 840 attach to the plate 820, figure 8A), a plurality of architectural shingle pick points, and a plurality of three-tab shingle pick points (the points pointed to in the reproduced figure 1 below); wherein the load distribution bar provides a plurality of couplers (bolts 840 and nut 850, figure 8A); wherein the plurality of couplers are pivotally and removably attached to the architectural shingle pick points or the three-tab shingle pick points (the bolts are interpreted as being able to be pivot and are attached to the attachment holes in the plates 810, 820, and 830, figure 8A); a radial uplift gauge (feet 112a-112d); wherein the radial uplift gauge comprises a radial section and a flat section (figure 3B); a lifting scale (means for measuring 140, figure 1); wherein the lifting scale is portable and handheld (the means 140 is detachable therefore it is interpreted as being portable and handheld, figure 1); wherein the lifting scale attaches to the lifting pick point (the bolts attach to the load applicator 129 which is connected to the means for measuring 140, col. 6 lines 25-41 and col. 7 lines 9-21, figures 1 and 8A).
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Phelps fails to teach where the radial uplift gauge comprises a radial section and a flat section wherein the flat section is attached to a clamp, and wherein the clamp is configurable to detachably attach to a free edge of an adjacent shingle, and wherein the radial section is configured with a graduated scale.
Sersen teaches a roof sheathing test system 10 for load testing roof sheathing 12 where the roof sheathing test system 10 includes test frame 14 mounted to at least a pair of roof truss members 16 during operation via foot members 30, the test frame 14 includes upper frame member 18 extending in longitudinal direction 20, a lower frame member 22 extends in longitudinal direction 20 and is displaced from upper frame member 18 in vertical direction 24, with vertically extending post members 26 are longitudinally displaced each from the other and fixedly secured to upper and lower frame members 18 and 22 on opposing ends of post members 26, and end sections 34 are fixedly secured to roof truss members 16 by screws, bolts, nails or some like securement 36 and in this manner. As well as foot members 30 that are rigidly secured to roof truss members 16 during the operation of the load testing performed by roof sheathing test system 10, and mounting rod member 38 extending in vertical direction 24 is fixedly secured to foot member 30 on first end 40 of mounting rod member 38, and wing nut 50 is threadedly secured to mounting rod member threaded second end 42 in order to provide for releasable securement of foot member 30 to lower frame member 22 (col. 2 lines 60-68, col. 3 lines 25-65, figures 2 and 3). Further, the mounting rod’s 38 surface radial section is configured with a graduated scale (the surface of the rod 38 is interpreted as having a scale imprinted on its surface, figure 3).
Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the feet of the device of Phelps and provide a way of clamping or securing the feet of the device to the testing surface as taught by the wing nut which attaches to the mounting rod having a scale therein that is secures the test frame to a foot member and allows for the test frame to attach/detach from the foot members before/after testing as taught by Sersen in order to test system which may be easily brought to a test site to apply the operational test in an effective, low cost, nondestructive, manner (Sersen, col. 1 lines 25-29).
With respect to claims 2, 8, and 14, Phelps teaches wherein the load distribution bar has a top edge and a bottom edge opposite from the top edge (figure 1); and wherein the lifting pick point is adjacent to a middle portion of the top edge of the load distribution bar (the points where the bolts 840 attach to the plate 820 having a “middle” attachment point, figure 8A).
With respect to claims 3, 9, and 15-16, Phelps teaches wherein the load distribution bar has a top edge and a bottom edge opposite from the top edge (figure 1); and wherein the plurality of architectural shingle pick points is adjacent to the bottom edge and equally spaced (the points are interpreted as being equally spaced and along a bottom edge, reproduced figure 1 above).
With respect to claims 4, 10, 17, and 18, Phelps teaches wherein each of the architectural shingle pick points is aligned on a same horizontal line, and wherein each of the three-tab shingle pick points is aligned on the same horizontal line (the points pointed to are aligned horizontally, see reproduced figure 1 above).
With respect to claims 6, 12, and 20, Phelps teaches wherein the radial section extends vertically about a predetermined radius from the flat section (the part 200 of feet 112a, figure 3B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDDIE KIRKLAND III whose telephone number is (571)272-2232. The examiner can normally be reached 9am-5pm.
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FREDDIE KIRKLAND III
Primary Examiner
Art Unit 2855
/Freddie Kirkland III/Primary Examiner, Art Unit 2855 11/13/2025