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 .
Election/Restrictions
Claims of group II are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/24/25.
Claim Objections
Claim 1 recites the limitation “bend” which appears to be a methos step. However, the claim is drawn to the final product, an insert. The claims will be examined as the final product, an insert and “bend” will not be examined as something being bent in a process of production.
Claim 6 is objected to. Claim 6 claims “one of” a 45 degree angle “and” a 90 degree angle. It is not clear if this requires one of the two, or one 45 degree angle and one 90 degree angle. Clarification is required. The claim will be examined as drawn to one of the two angles.
Claim 17 is objected to. Claim 17 is labeled as “original” but depends from withdrawn claim 9. This should be labeled as “withdrawn”.
Specification
The disclosure is objected to because of the following informalities: Under the Detailed Description, the specification lists the claimed subject matter but does not include reference numbers corresponding to the figures. The Applicant must add numbers to the claimed limitations in the specification in order to understand the figures. For example, “proximal section”, distal section”, “middle section”, “the bends”, “subsection”, “pilot holes” do not list their component numbers in the figures.
Appropriate correction is required.
The amendment filed 12/24/25 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: New claim 29 recites a “a V shaped fold” and “fold line” which is not in the specification.
Applicant is required to cancel the new matter in the reply to this Office Action.
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, 8, 17 and 29 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 1, “a subsection” is referenced, “the direction” and “the end” lack antecedent basis.
Claim 3, “a distal section” and “a subsection” is previously recited in claim 1 and is not clear if these are the same or different structure, “the entire end side” and “the panel’s other side” lack antecedent basis.
Claim 4 recites “a proximal section” as in claim 1, it is not clear if this is the same or a different section.
Claims 2-8 and 29 are rejected for depending from claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 and 4 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 3 claims a distal section, subsection and “subsection bent” which are duplicate limitations from claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 4 claims “a proximal section extending in a direction”, “subsection” and “subsection bent” which is a duplicate limitation from claim 1.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,712,942 to Brown.
Regarding claim 1, as best understood, Brown discloses an insert (marked fig. 4 below) comprising an elongated member having a proximal section, a distal section perpendicular to the proximal section, a middle section between proximal and distal sections and formed by three bends forming a guiding section that may facilitate fastening of the insert to other inserts or structures by use of a fastener, and the distal section including a subsection bent in a direction of insertion capable of wrapping around an end of a panel and may provide grip relative to a panel (as with 82, fig. 4)
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Regarding claim 2, the middle has three bends and resemble a W, the middle of the W may facilitate fastening to other inserts or structures by use of a fastener into the Wand walls of the W are capable pf pushing a fastener toward an inner angle.
Regarding claim 3, as best understood, claim 3 is rejected for reasons cited in the rejection of claim 1. Also, an extended edge is formed by the subsection with four corners, bends (see subsection above, its end having four corners/edges) forming what may be construed as a hairpin parallel and extending away (see top flat of subsection, where arrow touches) capable of forming a stopper to prevent panel shift and capable of providing sealing and capable of covering an entire panel side and wrapping panel end.
Regarding claim 4, as best understood, claim 4 is rejected for reasons cited in the rejection of claim 1 and 3. Additionally, the proximal section extends in a direction of insertion to extend an end of the insert into a panel (as 84 above) and the distal section having a subsection for the outside of a panel.
Regarding claim 5, a flange is around the proximal section (see upper end of proximal section which is capable of covering a corner of two panels (as seen in fig, 4: 84).
Regarding claim 6, the flange has one of a 45 degree angle and 90 degree angle (see 90 degree angle of top flat of end flange at top of proximal section)
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.
Claim(s) 8 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,712,942 to Brown in view of U.S Patent No. 854,654 to Krantz
Regarding claim 8, the use of fasteners and pilot holes are not disclosed by Brown. Krantz discloses an insert for use at corners which uses fasteners and pilot holes (lines 52) for securing to panels (A’). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Brown by using fasteners and pilot holes, as disclosed by Krantz, in order to better secure the insert to panels.
Regarding claim 29, Brown discloses a V shape (center of W shape) and the sides are capable of guiding fasteners to a fold line (a bend in the W). However, the use of sheet metal is not disclosed by Brown. Krantz discloses an insert for a corner and the use of sheet metal (line 40). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Brown by using metal, as disclosed by Krantz in order to better withstand impact.
Conclusion
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633