DETAILED ACTION
Specification
The disclosure is objected to because of the following informalities:
In the specification, on page 8 line 6, “according to claim 2,” should be deleted.
In the specification, on page 8 line 16, “according to claim 3,” should be deleted.
In the specification, on page 9 line 7, “according to claim 4,” should be deleted.
In the specification, on page 9 line 14, “according to claim 5,” should be deleted.
In the specification, on page 9 line 25, “according to claim 6,” should be deleted.
In the specification, on page 10 line 8, “according to claim 7,” should be deleted.
In the specification, on page 10 line 12, “according to claim 7,” should be deleted.
In the specification, on page 10 line 22, “according to claim 8,” should be deleted.
In the specification, on page 11 line 7, “according to claim 9,” should be deleted.
In the specification, on page 11 line 13, “according to claim 10,” should be deleted.
In the specification, on page 12 line 3, “according to claim 11,” should be deleted.
In the specification, on page 13 line 12, “according to claim 12,” should be deleted.
In the specification, on page 13 line 18, “according to claim 13,” should be deleted.
In the specification, on page 13 line 25, “according to claim 14,” should be deleted.
In the specification, on page 14 line 2, “according to claim 15,” should be deleted.
Appropriate correction is required.
Claim Objections
Claims 6-8 are objected to because of the following informalities:
In claim 6 (lines 3-4) “for example” should recite –comprising--.
In claim 6 (line 5) “ , for example, ” should recite –comprising--.
In claim 7 (line 2) “the upper surface of the lower” should recite –an upper surface or a lower--.
In claim 8 (line 2) “wherein said first and second recess” should recite –wherein a first and second said recess--.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “activation mechanism” and “ first and second pair of guide elements” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 6-9 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.
Regarding claim 6, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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, 3, 4, 10, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mero-Raumstruktur (LV 11054).
As to claim 1, Mero-Raumstruktur discloses a connector for detachably connecting profiles, said connector comprising:
a housing 2,4, extending along a longitudinal direction X, which is adapted to be placed within a tubular first profile P1;
a first and a second clamping component 6,8, which are partially located, according to longitudinal direction X, within said housing, said first and second clamping components each comprising a clamping hook 58,68 at their ends, which, at least partially, deflect according to a transverse direction Y, said clamping hooks being adapted to engage undercuts provided on the surface of a second profile;
an activation mechanism 10 adapted to move said first and second clamping components with respect to said housing, wherein said movement of each of the respective clamping components is a translation;
a first and a second pair of guide elements 32,42,56,66 each pair comprising a guide element 32,42 provided on said housing, and a corresponding guide element 56,66 provided on said first and second clamping component respectively,
wherein said first and second pair of guide elements are adapted to define a trajectory of said first and second clamping component during said translation, respectively,
so that at least during a part of said trajectory the distance in transverse direction Y between said clamping hooks is varied, and at least during a part of said trajectory the distance in longitudinal direction X between said housing and said clamping hooks is varied (Figures 1-6).
As to claim 3, Mero-Raumstruktur discloses a connector wherein said trajectory defined by said first and second pair of guide elements 32,42,56,66 is such that during a first part of said trajectory at least the distance in transverse direction Y between said clamping hooks 58,68 is varied, and
during a second consecutive part of said trajectory, the distance in longitudinal direction X between said housing and said clamping hooks is varied, while the distance in transverse direction Y between said clamping hooks is not varied (Figures 1-6).
As to claim 4, Mero-Raumstruktur discloses a connector wherein during said first part of said trajectory the distance in transverse direction Y between said clamping hooks 58,68 is varied, while the distance in longitudinal direction X between said housing 2,4 and said clamping hooks is also varied (Figures 1-6).
As to claim 10, Mero-Raumstruktur discloses aa connector wherein said activation mechanism 10 comprises a connection component, which is at least partially positioned between said first and second clamping components 6,8, through one or more openings 52,62 in each of said first and second clamping components, wherein said connection component forms a connection between said first and second clamping components such that said first and second clamping components are moveable with respect to said connection component according to transverse direction Y, while a movement in longitudinal direction X with respect to said connection component is blocked (Figures 1-6).
As to claim 14, Mero-Raumstruktur discloses a connector wherein said connector comprises one or more screws adapted to fix said housing 2,4 within said first profile P1 (Figures 1-6).
As to claim 15, Mero-Raumstruktur discloses a system for connecting two profiles, said system comprising:
a connector;
a first profile P1, comprising a central cavity and open front side;
a second profile P2, comprising an outer surface on which undercuts are arranged,
wherein said housing 2,4 of said connector is adapted to be placed within said cavity of said first profile, so that in an unconnected state of said two profiles, said clamping components protrude through said open front side of said first profile, and
wherein said clamping hooks 58,68 of said connector are adapted to engage said undercuts of said second profile (Figures 1-6).
Allowable Subject Matter
Claims 2, 5-9 and 11-13 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.
As to claim 2, Mero-Raumstruktur discloses the claimed connector with the exception of wherein said housing comprises a front side through which said clamping components protrude, and a rear side opposite to said front side, and wherein said rear side comprises two edges or two undercuts, which are adapted to be engaged by clamping hooks of a neighbouring connector.
As to claim 5, Mero-Raumstruktur discloses the claimed connector with the exception of wherein said clamping hooks are each oriented toward the inside of said housing, and wherein during said first part of said trajectory, the reduction of said distance in longitudinal direction X between said housing and said clamping hooks is accompanied by the reduction of said distance in transverse direction Y between said clamping hooks.
As to claim 6 as best understood, Mero-Raumstruktur discloses the claimed connector with the exception of wherein said first and second pair of guide elements, each comprise: a protruding element arranged on said first and second clamping component respectively, comprising a pin or screw, and a recess arranged in said housing comprising a groove, slot or slit arranged in said housing, wherein said protruding element is adapted to slide into said recess.
As to claim 11, Mero-Raumstruktur discloses the claimed connector with the exception of wherein said activation mechanism comprises: a driving component, movable in transverse direction Y and comprising a slanted edge, said slanted edge extending according to a direction which is slanted with respect to the longitudinal direction X and the transverse direction Y; a follower component, movable in longitudinal direction X and in contact with said slanted edge of said driving component, so that moving said driving component in transverse direction Y causes a movement of said follower component in longitudinal direction X, wherein said follower component is comprised in said connection component, so that moving said driving component in transverse direction Y causes a movement of said first and second clamping components, at least in longitudinal direction X.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connector disclosed by Mero-Raumstruktur to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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03/18/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619