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 .
Examiner acknowledges the response filed 12/13/2025. Claims 1-20 remain pending in the application.
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.
Claim 16 is 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.
Re Clm 16: this claim recites “another back set of ribs”. It is unclear as to what structure this set of back ribs belongs to. It appears to belong to another post (“to receive another end of the plurality of boards”), which is not set forth in the claim.
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.
Claims 1, 3-9, 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 20 2013 011 807, hereafter ‘807.
Re Clm 1: ‘807 discloses a system comprising: a post (3 configured at an initial position (position as shown in any of the figs); a plurality of ribs (12) configured within an inner channel (where boards 2 are inserted) of the post, wherein a front set of ribs (set of ribs towards opening) project from an inner surface of the inner channel and are positioned at a front portion of the inner channel, and a back set of ribs (set of ribs away from opening) project from the inner surface and are positioned at a back portion of the inner channel behind the front set of ribs, wherein the back set of ribs are configured to receive a plurality of boards (bottom and middle board 2, see figs 5a-5d); and the boards (bottom and middle board 2) positioned within the back set of ribs within the inner channel of the post (see figs).
Re Clm 3: ‘807 discloses wherein the post is configured as an end post (for example, see fig 2).
Re Clm 4: ‘807 discloses wherein another post is configured at an opposite end of the boards (see fig 1).
Re Clm 5: ‘807 discloses wherein a top rail (top board 2) is configured over the boards positioned within the back set of ribs.
Re Clm 6: ‘807 discloses wherein the boards are positioned horizontally within the back set of ribs (see figs).
Re Clm 7: ‘807 discloses wherein the boards extend horizontally past the back set of ribs (see figs 5a-5d).
Re Clm 8: ‘807 discloses a first end post (3) configured an initial position; a back set of ribs (12, set of ribs away from opening) positioned within an inner channel (internal area) of the first end post and extending from an inner surface of the inner channel (see figs), wherein the back set of ribs are positioned behind a front set of ribs (set of ribs 12 closer to the opening) within the inner channel (see figs 5a-5d), and wherein the back set of ribs are configured to receive a plurality of boards (bottom and middle boards 2), wherein the boards extend past the front set of ribs positioned in front of the back set of ribs within the inner channel and onto the back set of ribs (see fig 5); and a second end post (adjacent post 3) positioned to receive another end of the boards that are positioned within the first end post (see figs 5a-5d).
Re Clm 9: ‘807 discloses wherein the second end post includes a back set of ribs positioned within an inner channel within the second end post (see figs 5a-5d).
Re Clm 11: ‘807 discloses a top rail (top board 2) positioned horizontally over the boards (see fig 1).
Re Clm 12: ‘807 discloses a back set of ribs within the second end post that receives the boards (each post has the front and back sets of ribs as indicated).
Re Clm 13: ‘807 discloses wherein a back end of the first end post is in contact with the plurality of boards (through the ribs). Examiner notes that the boards are in contact with the post and are therefore in contact with any portion of the post.
Re Clm 14: ‘807 discloses wherein a top rail (top board 2) that is positioned in contact with a back end of the first end post and a back end of the second end post (through the ribs). Examiner notes that the boards are in contact with the post and are therefore in contact with any portion of the post.
Re Clm 15: ‘807 discloses a method comprising: configuring a post (3) at an initial position (see figs); positioning a plurality of ribs (12, front and back sets) configured within an inner channel (internal area) of the post, wherein a front set of ribs are positioned at a front portion of the inner channel, and a back set of ribs positioned at a back portion of the inner channel behind the front set of ribs (see figs), wherein the back set of ribs protrude from an inner surface of the inner channel (as shown) and are configured to receive a plurality of boards (bottom and middle boards “2”); and configuring the boards within the back set of ribs within the inner channel of the post (see figs 5a-5d).
Re Clm 16 (as best understood): ‘807 discloses positioning another back set of ribs (on adjacent post 11) to receive another end of the boards (as shown in figures 5a-5d).
Re Clm 17: ‘807 discloses positioning another post directly opposite to the first post to receive the boards (see figs 1 and 5a-5d).
Re Clm 18: ‘807 discloses placing the plurality of boards in contact with a back end of the post (through the ribs). Examiner notes that the boards are in contact with the post and are therefore in contact with any portion of the post.
Re Clm 19: ‘807 discloses configuring a top rail (top board 2) onto a back end of the post (through the ribs). Examiner notes that the boards are in contact with the post and are therefore configured on any portion of the post.
Re Clm 20: ‘807 discloses extending the boards past the back set of ribs toward a back end of the post (see figs 5a-5d).
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.
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2013 011 807, hereafter ‘807 in view of Volin (US 10301842).
Re Clms 2 and 10: ‘807 but fails to explicitly disclose wherein the plurality of boards consists of vinyl material.
Volin discloses a similar board and post system, wherein the boards are made of vinyl material (bottom col 10). This is taught for the well-known purpose of providing a durable, corrosion-free, and waterproof, material alternative. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have provided the plastic boards of ‘807, to consist of vinyl material, as taught by Volin with a reasonable expectation of success, for the purpose of providing a durable, corrosion-free, and waterproof, material alternative.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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 JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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