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 .
This Office Action is in response to the Amendment dated March 2, 2026. Currently, claims 1, 7-11, 16, 17, 21-34 are 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.
Claims 1, 7-11, 16, 17, 21, 22, 29, 30, 32-33 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 claims 1, 10, and 30: The claims indicate that the left and right sides, which are defined as structural wire members, includes a plurality of openings. However, this does not appear to be accurate as the openings are present in additional bracket members attached to the left and right sides. Therefore it is unclear how the openings are in the wire members. As best understood the openings are in attached brackets and will be examined accordingly.
Additional claims rejected under 35 USC 112 but not addressed are rejected as being dependent on a rejected base claim and failing to further remedy the issue(s).
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) 10, 27-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson (US Patent No 6,763,634).
Referring to claim 10: Thompson teaches a structural building assembly, comprising: a building support member (item W); a beam (item R) rigidly attached to and extending from the support member; and a hanger secured to the support member and beam, the hanger comprising: a structural wire member (item 27) bent into a left side on one side of the beam and a right side on the other side of the beam; each of the left side and right side including a plurality of openings (in item 19, aligned with holes in item 5); and a fastener extending through each of the openings in the left side and the right side and embedded into one of the support member and the beam to secure the beam in position extending from the support member (col 14, lines 62-67). It would have been obvious to one of ordinary skill in the art at the time of filing to recognize that the opening in item 5 would align with openings in item 19 to allow for said fasteners to pass through and anchor all components to the beam.
Referring claim 26: Thompson teaches all the limitations of claim 10 as noted above. Additionally, Thompson teaches wherein each of the right side and the left side includes one or more brackets (item 19) attached to the wire member, and each of the brackets defines one of the openings through which a fastener extends (obvious based on the disclosure of col 14, lines 62-67).
Referring to claim 28: Thompson teaches all the limitations of claim 28 as noted above. Additionally, Thompson teaches wherein the one or more brackets (item 19) is attached rotatable relative to the wire (figure 10).
Referring to claim 29: Thompson teaches all the limitations of claim 10 as noted above. Additionally, Thompson teaches wherein the fasteners further comprise a fastener extending through an opening and into the beam on the left side, a fastener extending through an opening and into the beam on the right side, a fastener extending through an opening and into the support member on the left side, and a fastener extending through an opening and into the support member on the right side (figure 10, col 14, lines 62-67).
Referring to claim 30: Thompson teaches a hanger for attaching a structural building member to a building support member, comprising: a structural wire member (item 27) bent to form a right side and an opposite left side connected to one another by a middle wire segment, wherein each of the right side and left side includes a plurality of openings along a wire segment, each of the openings being configured for receipt of a fastener to secure the hanger to a building member (figure 10, item 19, and col 14, lines 62-67). It would have been obvious to one of ordinary skill in the art at the time of filing to recognize that the opening in item 5 would align with openings in item 19 to allow for said fasteners to pass through and anchor all components to the beam.
Referring to claim 31: Thompson teaches all the limitations of claim 30 as noted above. Additionally, Thompson teaches wherein each of the right side and the left side includes one or more brackets (item 19) attached to the wire member, and each of the brackets defines one of the openings (col 14, obvious based on the disclosure of col 14, lines 62-67).
Referring to claim 32: Thompson teaches all the limitations of claim 30 as noted above. Thompson does not specifically teach wherein the structural wire member is bendable to accommodate a variety of different installations and settings. However, it would have been obvious to one of ordinary skill in the art at the time of filing to recognize that item 27 of Thompson would be bendable to accommodate whatever width beam is being attached.
Referring to claim 33: Thompson teaches all the limitations of claim 10 as noted above. Additionally, it would have been obvious to one of ordinary skill in the art at the time of filing from figure 10 and col 14, lines 62-67) of Thompson that wherein one of the elongated fasteners extends through an opening in the left side and into the support structure, and one of the elongated fastener extends through an opening in the right side and into the support structure.
Referring to claim 34: Thompson teaches all the limitations of claim 33 as noted above. Additionally, it would have been obvious to one of ordinary skill in the art at the time of filing to recognize that one of the elongated fasteners extends through an opening in the left side and into the beam, one of the elongated fastener extends through an opening in the right side and into the beam, each of the right side and the left side includes one or more brackets attached to the wire member, and each of the brackets defines one of the openings through which a fastener extends into the support structure (figure 10 and col 14, lines 62-67).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 7-11, 16, and 17 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.
Allowable Subject Matter
Claims 1, 7-9, 21-25 would be allowable if rewritten or amended 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.
Claims 11, 16, 17, 27 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.
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 PATRICK J MAESTRI whose telephone number is (571)270-7859. The examiner can normally be reached M-Th 7-3.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J MAESTRI/Primary Examiner, Art Unit 3635
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