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 . 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 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.
Election/Restrictions
Applicant’s election without traverse of the railing fixing assembly of Figures 17-29 (Species II) in the reply filed on December 1, 2025 is acknowledged. Claims 2-5, 15, and 16 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract is objected to for beginning with a phrase which can be implied. See “Disclosed is” in line 1. See MPEP 608.01(b). The Examiner notes simply removing this phrase and beginning the abstract with --A railing fixing assembly…-- would overcome the objection. The abstract is further objected to for referring to purported merits of the invention in lines 8-10. Appropriate correction is required.
Claim Objections
Claim 6 is objected to because at line 2, “the pressing block comprises” should read --the pressing blocks comprise--, given claim 1 sets forth “pressing blocks” in line 2.
Claim 7 is objected to because at line 5, “in middle” should read --in the middle--.
Claim 11 is objected to because at line 5, “depression” should read –groove--, as best understood by the Examiner.
Claim 17 is objected to because at line 4, “structure” should read --strip--, as best understood by the Examiner.
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.
Claims 1, 6-14, and 17-20 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 pre-AIA the applicant regards as the invention.
Claim 1 first recites “a rail formed by connecting rail blocks” as part of an intended use of a railing fixing assembly in lines 1-2. However, claim 1 goes on to positively recites the rail in setting forth “the rail block is installed at an upper end of the movable clamping block, the movable clamping block moves or rotates in the installation groove to realize position or angle adjustment, a side wall of the rail block abuts against the pressing block, and the pressing block is fixed on the base through the fixing part” in lines 7-10. It is therefore unclear from the claim whether Applicant is intending to claim the combination of the rail fixing assembly and rail, or only the subcombination of the railing fixing assembly. The rail and/or rail blocks are also positively set forth in claims 17, 19, and 20. For the purpose of this action, the Examiner has interpreted the claims as being directed to the combination of the rail fixing assembly and rail, given the extensive limitations directed to the rail.
Claim 1 recites the limitation “the pressing block” in lines 3, 4, and 9. It is unclear from the claim which of the “pressing blocks” previously set forth in line 2 constitutes the pressing block set forth in lines 3, 4, and 9.
Claim 6 sets forth “a second pressing block, a third pressing block and a fourth pressing block” in line 2. It is unclear from the claim how a second pressing block, a third pressing block and a fourth pressing block can exist without first having the presence of a first pressing block.
Claim 6 sets forth “a second clamping part” in line 6 and “a third clamping part” in line 7. It is unclear from the claim how a second clamping part and a third clamping part can exist without first having the presence of a first clamping part.
Claim 6 recites the limitation “when the second clamping part is clamped with the third clamping part, the fixing part is located at one end of the slot hole, the second clamping part is separated from the third clamping part, the fixing part is fastened, and the second pressing block moves towards the side away from the third pressing block” in lines 12-15. This limitation contains grammatical errors such that it is unclear what is being claimed. For the purpose of this action, the limitation has been interpreted as follows (the language taken from paragraph [0060]):
--when the second clamping part is clamped with the third clamping part, the fixing part is located at one end of the slot hole,
when the second clamping part is separated from the third clamping part and the fixing part is fastened, the third pressing block acts on the second pressing block such that the second pressing block moves towards the side in a direction away from the third pressing block--.
The term “close” in claims 8 and 9 (see line 2 of each claim) is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What one person may think is “close”, another may not.
Claim 14 recites the limitation “within 10°” in lines 2 and 3. It is unclear from the claim what constitutes “within 10°”, as the term “within” would normally infer a range. For the purpose of this action, the Examiner has interpreted the limitation as meaning --from 0° to 10°--.
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.
Claims 1 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,273,708 (Urban).
Regarding claim 1, Urban discloses a rail fixing assembly (see Figures 1-17), configured for fixing a rail formed by connecting rail blocks (50), comprising a base (52), pressing blocks (1, 2, 20), a movable clamping block (4) and a fixing part (3); wherein
an installation groove (53) is formed in the base, the pressing block is disposed above the base, an installation hole (7) is formed in the pressing block (1), and a lower end (at 30, 31) of the movable clamping block is inserted into the installation groove after passing through the installation hole and is capable of moving or rotating in the installation groove (see phantom lines in Figure 8, which show the movable clamping block moving through the installation hole and into the installation groove; see also column 9, lines 32-44, and column 10, line 58, through column 11, line 3); and
the rail block is installed at an upper end of the movable clamping block (see, e.g., Figure 8), the movable clamping block moves or rotates in the installation groove to realize position or angle adjustment (the clamping block allowing for translation along the base and rotation into the preferred position until the fixing part is tightened; see column 7, lines 1-12), a side wall of the rail block abuts against the pressing block (2), and the pressing block is fixed on the base through the fixing part (see Figure 3 vs. Figure 4).
Regarding claim 14, Urban discloses the rail fixing assembly according to claim 1, wherein an angle of rotation of the movable clamping block (4) in the installation groove (53) is within 10° so that the rail block (50) realizes angle adjustment within 10° (see NOTE below).
NOTE: On the outset, Applicant’s attention is directed to the 112 rejection of claim 14 above. Secondly, a lower end of the movable clamping block (4) is provided with hooks (30, 31) which pivot, or rotate, radially inward or outward based above loosening or tightening of the fixing part (3). Rotation of these hooks from their initial zero position to their final position read on “within 10°”. Further, when secured by the fixing part (3), the movable clamping part can be longer rotate, thus providing 0° of adjustment, which also reads on “within 10°”.
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 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Urban in view of WO 2013/050168 (Geis; the citations of which are taken from the attached translation).
Regarding claim 17, Urban discloses a base groove (formed at the top of rail block 50 in each of Figures 15-17) configured for installing a base is designed at a top of the rail block (50), but does not expressly disclose a connecting strip, wherein, a channel configured for placing the connecting structure is formed at a bottom of the rail block, and two ends of the connecting strip are respectively inserted in the channels of two rail blocks.
Geis teaches a connecting strip (18), wherein a base groove (see annotated Figure 1 below) configured for installing a base is designed at a top of the rail block (2, 3), a channel (see annotated Figure 1 below) configured for placing the connecting structure is formed at a bottom of the rail block, and two ends of the connecting structure are respectively inserted in the channels of two rail blocks (see Figure 3).
Geis teaches this connecting strip and associated structure allows for precise assembly of adjacent rail blocks without the need for tools (see paragraph [0033]). Therefore, 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 rail fixing assembly of Urban to include a connecting strip, wherein, a channel configured for placing the connecting structure is formed at a bottom of the rail block, and two ends of the connecting strip are respectively inserted in the channels of two rail blocks, as taught in Geis, in order to allow for precise assembly of adjacent rail blocks without the need for tools.
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Figure 1. Annotated Figure 3 of Geis
Regarding claim 18, Geis teaches an installation notch (see annotated Figure 1 above) is formed in the connecting strip (18), guide lugs (see annotated Figure 1 above) are disposed on two sides of the installation notch, a metal elastic sheet (1) is disposed in the installation notch, and two sides of the elastic sheet are located in the guide lugs (see Figure 3).
Regarding claim 19, Geis teaches clamping hooks (see annotated Figure 1 above) are configured on two sides of a bottom of the channel (see annotated Figure 1 above), installation ramps (see annotated Figure 1 above) are disposed on two sides of a bottom of the connecting strip (18), the installation ramps are adaptive to the clamping hooks, a convex block (15) is disposed in middle of the metal elastic sheet (1), and the convex block attaches to outer walls of two adjacent connected rail blocks (2, 3; see Figure 3 and paragraphs [0058]-[0059]).
Regarding claim 20, Geis teaches a scraper (9) is disposed on the metal elastic sheet (1), and the scraper attaches to bottoms of two rail blocks (2, 3; see paragraph [0059]).
Allowable Subject Matter
Claims 6-13 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Urban discloses the rail fixing assembly according to claim 1, wherein the pressing block (1, 2, 20) comprises a second pressing block (2), a third pressing block (20) and a fourth pressing block (1), the installation hole (8) is formed in the fourth pressing block, the second pressing block and the third pressing block are installed on the fourth pressing block, and the fourth pressing block is installed on the base (52; see Figures 1-5);
a second clamping part (any one of 19, 21, 22, 23, 24, 25), a first bevel (formed on the bottom of 2 in Figure 5; see also annotated Figure 2 below) and a slot hole (8) are configured on the second pressing block, a third clamping part (any part of 20 not the second bevel; see also annotated Figure 2 below), a second bevel (formed on the top right of 20 in Figure 3; see also annotated Figure 2 below) and a through hole (formed inside 20; see, e.g., Figure 1) are disposed on the third pressing block, the second clamping part is clamped with or separated from the third clamping part, and the second bevel attaches to the first bevel (see Figure 4);
the fixing part (3) passes through the slot hole to fix the second pressing block, the third pressing block and the fourth pressing block (see Figure 3 vs. Figure 4); and
when the second clamping part is clamped with the third clamping part, the fixing part is located at one end of the slot hole (see Figure 1).
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Figure 2. Annotated Figure 3 of Urban
Urban fails to disclose the fixing part (3) passing through the through hole (see annotated Figure 2 above) of the third pressing block (20), and instead discloses the fixing part passing beside the third pressing block (see Figures 1 and 15-17). Urban further fails to disclose when the second (2) clamping part is separated from the third clamping part (20) and the fixing part is fastened, the third pressing block acts on the second pressing block such that the second pressing block moves towards the side in a direction away from the third pressing block. Urban instead discloses the second and third clamping parts (see annotated Figure 2 above) being separated when the fixing part is unfastened (see Figure 3), and when the fixing part is fastened, the third pressing block (20) acts on the second pressing block (2) such that the second pressing block remains stationary and instead the third pressing block moves towards the side in a direction toward the second pressing block.
The prior art fails to fairly show or suggest a modification(s) to Urban to meet the aforementioned deficiencies of Urban. Further, one of ordinary skill would not have been motivated to provide such a through hole to the third pressing block (20) for the fixing part (3), as it would teach away from the intended preload of the third pressing block (see column 10, lines 44-57). Further still, one of ordinary skill would not have been motivated to modify the interaction of the second and third clamping parts of Urban to meet the limitations of claims 6, lines 12-15, as such a modification would teach so far away from the intended structure of Urban, as detailed above, that such a modification would only come as the result of inappropriate hindsight reasoning utilizing Applicant’s own disclosure.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
January 21, 2026