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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 has been entered.
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 1-2, 8-10, and 13 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.
Claims 1 and 9 recite the limitation "said" first and second attachment points. There is insufficient antecedent basis for this limitation in the claim, as no attachment “points” are previously recited. It is assumed the claim recites that each of said parallel arms forming said first and said second attachment locations are contiguous.
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 1-2, 8-10, and 13 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schmidt (10,415,243).
1. Schmidt, fig. 2a, teaches a building system for attaching adjacent wallboard panels together, col. 2, line 23, and col. 1, lines 35-38, during building construction involving attachment of wallboard panels to members of a building frame, the building system comprising:
a first wallboard panel having a first panel edge;
a second wallboard panel having a second panel edge, said second panel edge being adjacent said first panel edge;
a bracket 1 defining a first attachment location (the face of base 4 located between arms 25 and 26) configured for engaging said first panel edge, and a second panel attachment location (the opposite face of base 4 located between arms 27 and 28) configured for engaging said second panel edge so that once said first and second panel edges are engaged in said respective attachment locations, said second panel edge is held adjacent said first panel edge (when the panels are in the locations they are essentially held against each other), said bracket including a base wall separating a pair of parallel arms (as broadly recited, base wall 4 separates a pair of parallel arms (arms 25 and 26 are one set of arms and arms 27 and 28 are another, base wall 4 separating the pair of parallel arm sets), each of said first attachment location and said second attachment location being defined by said base wall and associated portions of said parallel arms, said first attachment location being located on a first side of said base wall, said second attachment location being located on a second side of said base wall, such that each of said parallel arms forming, as best understood, said first and said second attachment locations are contiguous (the parallel arms as defined forming the attachment locations are contiguous because as seen in fig. 2a, arms 25/26 and arms 27/28 are contiguous, as they are “next or near in…sequence”, websters.com, next to each other),
said bracket being configured for providing support for the adjacent panels when a stud is not nearby to supply structural support for the wall against twisting forces; and
at least one first fastener 45 securing said first panel edge in said first attachment location, and at least one second fastener 45 securing said second panel edge in said second attachment location.
2. Schmidt teaches the building system of claim 1, Schmidt further teaching said bracket is "H"- shaped when viewed from above, fig. 2a.
8. Schmidt teaches the building system of claim 1, Schmidt further teaching said bracket secures said first panel edge to said second panel edge independently of attachment of said panels to the building frame.
9. Schmidt, fig. 2a, teaches a bracket 1 for use in building system for attaching adjacent wallboard panels together during building construction involving attachment of wallboard panels to members of a building frame, the system including a first wallboard panel having a first panel edge, a second wallboard panel having a second panel edge, the second panel edge being adjacent the first panel edge, said bracket comprising:
a first attachment location (the face of base 4 located between arms 25 and 26) configured for engaging and accommodating the first panel edge, and a second panel attachment location (the opposite face of base 4 located between arms 27 and 28) configured for engaging and accommodating the second panel edge so that once said first and second panel edges are engaged in said respective attachment locations, said second panel edge is held adjacent the first panel edge;
said bracket including a base wall 4 separating a pair of parallel arms (arms 25 and 26 are one set of arms and arms 27 and 28 are another, base wall 4 separating the pair of parallel arm sets),
, each of said first attachment location and said second attachment location being defined by said base wall and associated portions of said parallel arms, said first attachment location being located on a first side of said base wall, said second attachment location being located on a second side of said base wall, such that each of said parallel arms forming said first and said second attachment locations are contiguous (the parallel arms as defined forming the attachment locations are contiguous because as seen in fig. 2a, arms 25/26 and arms 27/28 are contiguous, as they are “next or near in…sequence”, websters.com, next to each other);
said bracket being configured for providing support for the adjacent panels when a stud is not nearby to supply structural support for the wall against twisting forces; and
each said attachment location being configured for accommodating at least one first fastener45 securing the first panel edge in said first attachment location, and at least one second fastener 45 securing the second panel edge in said second attachment location.
10. Schmidt teaches the bracket of claim 9, Schmidt further teaching said bracket is "H"- shaped when viewed from above, fig. 2a.
13. Schmidt teaches the bracket of claim 9, Schmidt further teaching said bracket is constructed and arranged to secure said first panel edge to said second panel edge independently of attachment of said panels to the building frame (the bracket is strictly for panel-to-panel attachment).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 - is rejected under 35 U.S.C. 103 as being unpatentable over Schmidt in view of Kenny (6,923,611).
7. Schmidt does not expressly teach said fastener has a self-drilling tip. Kenny, fig. 9, teaches a fastener attaching a panel 72 to sheet metal 4 has a self-drilling tip 20. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the fastener to have a self-drilling tip to securely clamp the panel and bracket together, col. 2, lines 20-21, and to allow the fastener to drill/penetrate the metal flange portion(s) in locations other than just at openings 18.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant's argument that the “Schmidt provides a single stamped bracket with a first portion engaging a first panel and a remote, second portion engaging a second panel. The two portions are made of separate and independent walls. Also, the first and second portions are defined by remote areas of a common base portion”, Examiner responds that while the two portions may be made of separate and independent walls, such is not recited in the rejected claims, and in any case, the two portions are contiguous as indicated in the rejection.
Regarding the argument that because different Schmidt parallel arms engage each associated wallboard panel edge, Schmidt does not “provide the advantages of the presently recited structure”, Schmidt would appear to provide the same benefit as the claimed bracket, as both facilitate a secure drywall to drywall connection at a location not adjacent a stud.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Woodward (GB 2502810), fig. 2, and Blowers (GB 2341400), fig. 2, both generally teach the claimed bracket.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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