This is a Final office action for serial number 18420189.
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 .
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 upper and lower extensions have a different number of set screws 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.
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 asymmetrical number of set screws 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.
Claims 7 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 7 recites the limitation "the first and second set of small holes" in line 1. There is insufficient antecedent basis for this limitation in the claim.
The claims have been rejected under 35 U.S.C. 112 for the above reasons. Please note that the Examiner may not have pointed out each and every example of indefiniteness. The applicant is required to review all the claim language to make sure the claimed invention is clear and definite.
All words in a claim must be considered in determining the patentability of theclaim against the prior art. If no reasonably definite meaning can be ascribed to certainterms in the claim, the subject matter does not become obvious, the claim becomesindefinite. In re Wilson, 424F.2d 1382, 1385 (CCPA 1970). The examiner's analysis ofthe claims, in particular claim language within the claims as rejected under 35 USC 112 above, indicates that considerable speculation as to the meaning of the terms employed and assumptions as to the scope of the claims needs to be made, as the examiner does not understand what is exactly being claimed by the applicant. Any rejection under 35 U.S.C. 102 should not be based on such speculations and assumptions. In re Steele, 305 F.2d 859,862 (CCPA 1962); Ex parte Head, 214 USPQ 551 (Bd.App. 1981). Accordingly, the applicant should not assume that any claims not rejected using prior art is considered allowable since the examiner can not clearly determine the limitations of the claim due to indefiniteness. The applicant should be aware that once the claims have been corrected to remove the problems concerning indefiniteness, prior art may be used to reject the claims and the next action made final or if the application is in a final status the amendment after final may not be entered as requiring further search and/or consideration.
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, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaiser 3,462,893.
Kaiser discloses claims:
1. A system comprising: a first upright portion (16) having a first hollow interior, the first upright portion having a first set of spaced holes (holes aligned with threaded holes 50); a second upright portion having a second hollow interior, the second upright portion having a second set of spaced slotted holes; a body (24) having a front side and a back side with an aperture (41) that passes from the front side to the back side; an upper extension (upper 46/48) that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension (46/48) having a first predefined size and configured to fit into the first hollow interior; a lower extension (lower 46/48) that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via one or more of the slotted holes to operate the sets of set screws.
5. The system of claim 1 wherein the upper extension (upper 46/48) has a first arm (one of 48) and a second arm (other 48) and the first set of set screws (52) cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion (upper 16); and wherein the lower extension (lower 46/48) has a third arm (one of 48) and a fourth arm (other 48) and the second set of set screws (52) cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion (lower 16).
[AltContent: textbox (Spaced holes)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second upright portion 16
With spaced holes
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Pair of Set screws 52 with)][AltContent: arrow][AltContent: arrow]
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Kaiser discloses all of the limitations of the claimed invention except for the holes are slotted and the aperture is obround shaped. It would have been obvious matter of engineering design choice to have modified Kaiser to have the holes being slotted and the aperture is obround shaped to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success since, holes and slotted holes are mechanical equivalents for alignment to a set screw and making the aperture obround shape without producing any unexpected results or destroying the invention.
Claim(s) 1-6, 8, 11, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zurn Zi1231EZ-WL, year 2022 (hereinafter Zurn 2022) in view of Kaiser 3,462,893, as discussed above.
Zurn 2022 discloses claims:
(Claim 1) A system comprising: a first upright portion having a first hollow interior having a first set of holes; a second upright portion having a second hollow interior having a second set of holes; a body having a front side and a back side with an aperture that passes from the front side to the back side; an upper extension that extends from a first side of the body in a plane orthogonal to the aperture, the upper extension having a first predefined size and configured to fit into the first hollow interior; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture, the lower extension having a second predefined size and configured to fit into the second hollow interior.
(Claim 2) further comprising: a first through bolt configured to extend through the first upright portion and the upper extension in a plane parallel to the aperture, the first through bolt being fastened to a first nut; and a second through bolt configured to extend through the second upright portion and the lower extension in the plane parallel to the aperture, the second through bolt being fastened to a second nut; (bolts parallel to the aperture since aperture planes include x, y, and z planes).
(Claim 3) further comprising: a first through bolt configured to extend through the first upright portion and the upper extension in a plane perpendicular to the aperture, the first through bolt being fastened to a first nut; and a second through bolt configured to extend through the second upright portion and the lower extension in the plane perpendicular to the aperture, the second through bolt being fastened to a second nut; (bolts perpendicular to the aperture since aperture planes include x, y, and z planes);
(Claim 4) wherein the aperture is 2 obround in shape.
[AltContent: textbox (Second upright portion with 2nd hollow interior)][AltContent: arrow][AltContent: textbox (Obround shape)][AltContent: arrow][AltContent: textbox (body)][AltContent: textbox (Body )][AltContent: arrow][AltContent: textbox (Lower extension)][AltContent: arrow][AltContent: arrow][AltContent: textbox (2nd bolts)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Obround aperture)][AltContent: arrow][AltContent: arrow][AltContent: textbox (First upright with 1st hollow interior)][AltContent: arrow][AltContent: textbox (Upper extension)]
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Zurn discloses all of the limitations of the claimed invention except for an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via one or more of the holes to operate the sets of set screws; and wherein the upper extension has a first arm and a second arm and the first set of set screws cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion; and wherein the lower extension has a third arm and a fourth arm and the second set of set screws cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion; and wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
Kaiser teaches that it is known to have:
(Claim 1) an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via one or more of the holes to operate the sets of set screws.
(Claim 5) The system of claim 1 wherein the upper extension (upper 46/48) has a first arm (one of 48) and a second arm (other 48) and the first set of set screws (52) cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion (upper 16); and wherein the lower extension (lower 46/48) has a third arm (one of 48) and a fourth arm (other 48) and the second set of set screws (52) cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion (lower 16).
(Claim 11) The system of claim 1, wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
(Claim 13) The system of claim 6, wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
(Claim 16) The system of claim 8, wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
[AltContent: textbox (Second upright portion 16
With spaced holes orthogonal to aperture 41
Lower extension 48/46
Pair of Set screws 52 that do no protrude beyond the bounds of the uprights)][AltContent: textbox (Spaced holes)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Body 24
Aperture 41)][AltContent: arrow][AltContent: arrow]
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Zurn to have included a connection means being the first upright portion having a first set of spaced holes and the second upright portion having a second set of spaced holes and wherein the upper extension has a first arm and a second arm and the first set of set screws cause the first arm and the second arm to press against an inside of the first hollow interior of the first upright portion; and wherein the lower extension has a third arm and a fourth arm and the second set of set screws cause the third arm and the fourth arm to press against an inside of the second hollow interior of the second upright portion as taught/motivated by Kaiser for the purpose of providing a more secure, versatile, and equivalent means of attaching the upper and lower extension to the first and second upright portions respectively to prevent accidental removal.
Zurn in view of Kaiser discloses all of the limitations of the claimed invention except for the holes are slotted. It would have been obvious matter of engineering design choice to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Zurn in view of Kaiser to have the holes being slotted since, holes and slotted holes are mechanical equivalents for alignment for a set screws.
Modified Zurn in view of Kaiser teaches:
(Claim 6) A system comprising: a first upright rectangular portion having a first hollow interior, the first upright portion having a first set of spaced slotted holes on a first narrow face (placement of holes on narrow face of upright based on how the holes are positioned relative to hole 41 being orthogonal to each other), a second upright rectangular portion having a second hollow interior, the second upright portion having a second set of spaced slotted holes; a body having a front side and a back side with an aperture that passes from the front side to the back side; an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior, wherein the first set of spaced slotted holes are spaced to align with the first set of set screws; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior, wherein the first set of spaced slotted holes are spaced to align with the first set of set screws; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via insertion into the first and second set of spaced slotted holes.
(Claim 8) A system comprising: a first upright portion having a first hollow interior, the first upright portion having a first set of spaced slotted holes; a second upright portion having a second hollow interior, the second upright portion having a second set of spaced slotted holes; a body having a front side and a back side with an aperture that passes from the front side to the back side; an upper extension that extends from a first side of the body in a plane orthogonal to the aperture and includes a first set of set screws, the upper extension having a first predefined size and configured to fit into the first hollow interior; a lower extension that extends from a second side of the body in the plane orthogonal to the aperture and includes a second set of set screws, the lower extension having a second predefined size and configured to fit into the second hollow interior; and wherein the first and second sets of set screws are configured to operatively connect the device to a first and second upright portions via insertion of a respective set of set screws into the first and second set of spaced slotted holes.
(Claim 11) The system of claim 1, wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
(Claim 13) The system of claim 6, wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
(Claim 16) The system of claim 8, wherein the set screws are positioned with the extensions to ensure that they do not protrude beyond the bounds of the uprights, thereby posing no obstructions to a finished wall around the uprights.
Claim(s) 7, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zurn Zi1231EZ-WL, year 2022 (hereinafter Zurn 2022) in view of Kaiser 3,462,893, as discussed above, in view of Cornelius 1086442.
Zurn in view of Kaiser discloses all of the limitations of the claimed invention except for wherein small holes are spaced apart to be utilized as indicators.
Cornelius teaches that it is known to provide small holes 5 spaced apart to be utilized as indicators.
(Claim 7) small holes are spaced apart to be utilized as indicators
(Claim 10) small holes as indicators
(Claim 15) small holes as indicators
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Zurn in view of Kaiser to have been modified to have included small holes spaced apart as taught by Cornelius for the purpose of providing a means for indicating where to sever/cut the device for a desired predetermined length.
Claim(s) 9, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zurn Zi1231EZ-WL, year 2022 (hereinafter Zurn 2022) in view of Kaiser 3,462,893, as discussed above.
Zurn in view of Kaiser discloses all of the limitations of the claimed invention except for wherein the upper and lower extensions have a different number of set screws or the upper and lower extensions have an asymmetrical number of set screws.
It would have been obvious matter of engineering design choice to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have included wherein (Claim 9 and 14) the upper and lower extensions have a different number of set screws or (Claim 12) the upper and lower extensions have an asymmetrical number of set screws as a matter of desirability and design parameters resulting in a reasonable predictable result since the specification does not disclose how the number of set screws is critical to the invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
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