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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/16/2025 has been entered.
Claim Rejections - 35 USC § 102
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 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) 8-9, 13-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bowron, International Publication WO2015/164975.
Regarding claim 8, Bowron discloses a connector assembly comprising: a lower connector body having a lower connector body column receiving end and a lower connector body gusset contact end (Fig. 1), the column receiving end being configured to receive a first end of a first module frame and the gusset contact end being configured to couple to the gusset plate; at least a pair of lower connector arms, each lower connector arm coupled to and extending from the lower connector body and having lower connector arm inner face, a lower connector arm outer face, a lower connector arm gusset contact face (Fig. 1), a lower connector arm load bearing face (at 52) and a lower connector arm beam contact face (at 34), the beam contact face being positioned distal from the lower connector body, each lower connector arm having at least one fixing aperture (28; paragraph 135) on the load bearing face configured to receive a fastening means to couple the lower connector to the upper connector, and each lower connector arm having a hole formed that extends from the lower connector arm inner face to the lower connector arm outer face (as shown in Fig. 1) and configured to receive a fastening means to align and couple the lower connector to a second lower connector; and a lower connector arm boss (44) coupled to and extending from the beam contact face of each arm, the boss having a lower connector arm weld receiving bevel extending from the distal end of the arm (Fig. 1). The phrases “configured to receive,” “configured to couple,” and “configured to receive a fastening means to align and couple” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 9, Bowron discloses a connector assembly comprising: an upper connector body having an upper connector body column receiving end and an upper connector body gusset contact end (Fig. 6), the column receiving end being configured to receive a first end of a second module frame and the gusset contact end being configured to couple to the gusset plate; at least a pair of upper connector arms, each upper connector arm coupled to and extending from the upper connector body and having an upper connector arm inner face, an upper connector arm outer face, an upper connector arm gusset contact face, an upper connector arm load bearing face and an upper connector arm beam contact face (Fig. 6), the beam contact face being positioned distal from the upper connector body; each upper connector arm having at least one upper connector arm fixing aperture (128) configured to receive a fastening means to couple the lower connector to the upper connector and at least one upper connector arm gusset coupling aperture (130) configured to receive a second fastening means to couple the upper connector to the gusset plate, and each upper connector arm having a hole formed that extends from the upper connector arm inner face to the upper connector arm outer face (as shown in Fig. 6) and configured to receive a fastening means to align and couple the upper connector to a second upper connector; and an upper connector arm boss coupled to and extending from the upper connector arm beam contact face of each upper connector arm, the boss having an upper connector arm weld receiving bevel extending from the distal end of the arm (Fig. 6). The phrases “configured to receive,” “configured to couple,” and “configured to receive a fastening means to align and couple” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 13, Bowron discloses a connector assembly wherein the pair of the lower connector arms are perpendicular each other (see Fig. 1).
Regarding claim 14, Bowron discloses a connector assembly wherein the pair of the lower connector arms extend in opposing directions from the lower connector body (as shown in Fig. 7).
Regarding claim 15, Bowron discloses a connector assembly further comprising a lower connector body weld receiving bevel (54) at the lower connector body column receiving end, and a weld backer (56) coupled extending from the lower connector body weld receiving bevel, the weld backer configured for engaging a column of the first module frame. The phrase “configured for engaging” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 16, Bowron discloses a connector assembly wherein the weld backer has a hole (Fig. 1, opening of 52) configured for receiving a fastening means to couple the column to the lower connector. The phrase “configured for receiving” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 17, Bowron discloses a connector assembly wherein the lower connector arm load bearing face lies in a plane different from a plane of the lower connector body column receiving end, with the plane of the lower connector arm load bearing face being closer to a plane having the lower connector body gusset end than the plane of the lower connector body column receiving end (as shown in Fig. 1).
Regarding claim 18, Bowron discloses a connector assembly wherein the at least one fixing aperture on the lower connector arm load bearing face is formed closer to the lower connector inner face, providing the lower connector arm load bearing face with a lower connector arm load bearing surface positioned closer to the lower connector outer face (as shown in Fig. 1).
Regarding claim 19, Bowron discloses a connector assembly wherein the boss is positioned proximate to the outer face of the lower connector, the boss being spaced from an edge of the lower connector arm close to the lower connector inner face (as shown in Fig. 1).
Regarding claim 20, Bowron discloses a connector assembly wherein the pair of the upper connector arms are perpendicular each other (see Fig. 6).
Regarding claim 21, Bowron discloses a connector assembly wherein the pair of the upper connector arms extend in opposing directions from the upper connector body (corresponding to lower connector arms of Fig. 23).
Regarding claim 22, Bowron discloses a connector assembly further comprising an upper connector body weld receiving bevel (154) at the upper connector body column receiving end, and a weld backer (156) coupled extending from the upper connector body weld receiving bevel, the weld backer configured for engaging a column of the second module frame. The phrase “configured for engaging” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 23, Bowron discloses a connector assembly wherein the weld backer has a hole (opening of 156) configured for receiving a fastening means to couple the column to the upper connector. The phrase “configured for receiving” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 24, Bowron discloses a connector assembly wherein the upper connector arm load bearing face lies in a plane different from a plane of the upper connector body column receiving end, with the plane of the upper connector arm load bearing face being closer to a plane having the upper connector body gusset end than the plane of the upper connector body column receiving end (as shown in Fig. 6).
Regarding claim 25, Bowron discloses a connector assembly wherein the upper connector arm fixing aperture and the upper connector arm gusset coupling aperture are formed closer to the upper connector inner face (as shown in Fig. 6).
Regarding claim 26, Bowron discloses a connector assembly wherein the upper connector arm boss is positioned proximate to the outer face of the upper connector, the upper connector arm boss being spaced from an edge of the upper connector arm close to the upper connector inner face (see Fig. 6).
Regarding claim 27, Bowron discloses a connector assembly having a lower connector, an upper connector, and a gusset plate, wherein the lower connector is as defined in claim 8, the method comprising the steps of: sandwiching the gusset plate between the lower connector and the upper connector; and coupling the lower connector to the upper connector (see Fig. 10).
Regarding claim 28, Bowron discloses a connector assembly having a lower connector, an upper connector, and a gusset plate, wherein the upper connector is as defined in [claim 9], the method comprising the steps of: sandwiching the gusset plate between the lower connector and the upper connector; and coupling the lower connector to the upper connector (see Fig. 10).
Regarding claim 29, Bowron discloses a connector assembly comprising a lower connector, an upper connector, and a gusset plate sandwiched between the upper connector and the lower connector, wherein the lower connector is as defined in claim 8 (see Fig. 10).
Regarding claim 30, Bowron discloses a connector assembly comprising a lower connector, an upper connector, and a gusset plate sandwiched between the upper connector and the lower connector, wherein the upper connector is as defined in claim 9 (see Fig. 10).
Response to Arguments
Applicant's arguments filed 09/16/2025 have been fully considered but they are not persuasive.
The examiner contends that the holes as claimed are disclosed by the prior art as set forth above. As a fastening means is not positively claimed, the prior art need only be capable of performing the intended use. A hole extending from the outer arm face to the inner arm face is disclosed by the prior art, as such it is capable of receiving a fastening means as the particulars of a fastening means are not claimed. Further, if two structural components are to be connected to one another, they will inherently be aligned for said connection.
See rejections as set forth above.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633