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 non-final Office action is in response to Applicant’s patent application number 18/538,499 filed on 12/13/2023.
Currently, claims 1-20 are pending and examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/12/2024 is being considered by the examiner.
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 1-20 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.
Re claim 1, line 1; the claimed preamble sole draw to a sub-combination of “An adjustable roof curb system”; however, in lines 12-13, a citation “such that the longitudinal inclination angle is equal to a roof pitch angle of the roof” is confusing and indefinite because it is unclear whether the Applicant intends to positively combine with a roof? Clarification is required. Claims 2-11 depending upon the rejected claim 1 are also rejected. Independent claim 12, lines 11-12; having the same issues as mentioned; therefore, claim 12 and dependent claims 13-20 are also rejected.
For the examination purposes, the claims are being examined and considered as a combination with a roof.
Re claim 2, line 4; a conditional phrase “when” renders the claim indefinite and confusing because "when" is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. See § MPEP 2103 (C).
Re claim 3, lines 4, 6; a phrase “which” renders the claim indefinite and confusing because it is unclear whether “which” referring to which structure? Clarification is required. Claims 4-6 depending upon the rejected claim 3 are also rejected. Claim 9, line 2; having the same issues as mentioned; therefore; claims 9-10 are also rejected.
Re claim 13, lines 4, 6; a phrase “which” renders the claim indefinite and confusing because it is unclear whether “which” referring to which structure? Clarification is required. Claims 15-16 depending upon the rejected claim 13 are also rejected. Claim 19, line 2; having the same issues as mentioned; therefore; claims 19-20 are also rejected.
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.
As best understood, claim(s) 1, 2 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 6,343,439 to Rutledge.
Re claims 1 and 12: Rutledge discloses an adjustable roof curb system, comprising: a roof-mountable appliance (see Abstract); and an adjustable roof curb device 300, comprising: a top curb component 302; and a base curb component 304; wherein the top curb 302 component is configured to slide over the base curb component 304, such that a longitudinal inclination angle, between a top surface of the top curb component 302 and a bottom surface of the base curb component 304, is adjustable by pivoting (i.e. by a pair of pins, col. 3, lines 15-18) of the top curb component 302 relative to the base curb component 304; such that the adjustable roof curb device 300 is adjustable for mounting on a pitched surface of a roof (see col. 3, lines 17-19), such that the longitudinal inclination angle is equal to a roof pitch angle of the roof, such that the top surface of the top curb component 302 is adjusted to be level; such that the roof-mountable appliance is mounted level on the top curb component 302 (Fig. 3a, col. 3, lines 21-23).
Re claim 2: wherein the adjustable roof curb device 300 further comprises: a plurality of locking screws (col. 5, line 48); such that when the top curb component 302 is adjusted to be level, the top curb component 302 is secured in position with the locking screws screwed through sides of the top curb component 302 and the base curb component 304.
Allowable Subject Matter
Claims 3-11 and 13-20 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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