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 .
The amendment filed on 11/14/2025 in response to the non-final office action mailed on 08/08/2025 has been considered. Claim(s) 1-11, 14, and 15 is/are pending. Claim(s) 12, 13, and 16-19 has/have been canceled. Claim(s) 1-11, 14, and 15 has/have been examined in this 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 1-11, 14, and 15 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, lines 16-20, it is unclear what is being recited by the newly amended claim language. It does not appear from the drawings that either of the outwardly protruding portions of the insert and “extending towards each other”. Further, the idea of the “pairs” of protruding portions can be interpreted in different ways. Is the pair being recited as the two protruding portions on the same side as the insert? Or is the pair the two oppositely protruding portions abutting one another? Or is Applicant reciting that there are two pairs of outwardly protruding portions? Either way, each scenario does not seem to yield protruding portions aligned to extend toward each other. This limitation seems to be directed to the inwardly protruding portions of the receiver, which protrude toward one another. For purposes of examination, the outwardly protruding portions are deemed to extend away from each other. Which pair below is deemed “a pair of projecting portions”? It seems that the interpretation is the middle or right configuration since they are spaced along the longitudinal, but neither “extend toward each other”.
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Claims 2-11 and 14 are dependent upon claim 1.
Claim 15, lines 20-23, are rejected for the same reasons stated above for claim 1.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 6-9, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20150023079 A to Kim.
Regarding claim 1, Kim discloses a soffit mounting apparatus comprising: a base (11, Fig.2) having a front edge (right edge of 11) and a rear edge (left edge of 11); a support (20) mountable to the base such that the support is spaced away from a bottom side of the base at a distance (Fig.4) configured to receive a soffit therebetween (capable of receiving a soffit in the same manner as the panel shown in Fig.4); a snap joint (12, 21) coupled to the base and the support, the snap joint being operable to mount the support to the base; wherein the snap joint comprises: an insert (21) having an elongated portion (21a) coupled to and extending away from the support adjacent to a rear end thereof, a receiver (12) having a pair of arms (12b, 12c) coupled to and extending away from the base adjacent to the rear edge (Fig.2), the pair of arms being spaced from each other to define a cavity (12a) therebetween, the insert being configured to snap to the receiver when positioned in the cavity of the receiver (Fig.4), the insert having a pair of outwardly protruding portions (teeth formed on 21) coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other (tapered toward the next pair?) and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion (spaced along the length of 21), and each arm of the pair of arms having a pair of inwardly protruding portions (13), the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver (Fig.4).
Regarding claim 6, wherein the base has a planar shape (11).
Regarding claim 7, wherein the support has a planar shape (portion of 20 on top of 110, Fig.4), the support lying parallel to the base when the support is mounted to the base (Fig.4).
Regarding claim 8, wherein the base is elongated between a pair of lateral edges (planar portion extends between lateral edges; first lateral edge shown as cross section, Fig.2).
Regarding claim 9, wherein the support is elongated between a pair of lateral sides thereof (lateral edges shown as cross section, Fig.2).
Regarding claim 14, wherein the insert is integrally formed with the support and the receiver is integrally formed with the base (Fig.2).
Claim(s) 1, 6-9, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/060929 A1 to Bothma.
Regarding claim 1, Bothma discloses a soffit mounting apparatus comprising: a base (1602, Fig.16) having a front edge (right edge) and a rear edge (left edge); a support (1607) mountable to the base such that the support is spaced away from a bottom side of the base at a distance configured to receive a soffit therebetween (Fig.17); a snap joint (1604 and 1605) coupled to the base and the support, the snap joint being operable to mount the support to the base (Fig.17); wherein the snap joint comprises: an insert (1605) having an elongated portion (central extension of 1605, Fig.16) coupled to and extending away from the support adjacent to a rear end thereof (Fig.16), a receiver (1604) having a pair of arms (each arm of 1604) coupled to and extending away from the base adjacent to the rear edge (Fig.16), the pair of arms being spaced from each other to define a cavity therebetween (cavity between arms of 1604, Fig.16), the insert being configured to snap to the receiver when positioned in the cavity of the receiver (Fig.16), the insert having a pair of outwardly protruding portions (teeth 1601 or 1603) coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other (tapered sides of the teeth?) and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion (teeth are spaced along the length of 1605, Fig.16), and each arm of the pair of arms having a pair of inwardly protruding portions (complimentary teeth of 1604, Fig.16), the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver (Fig.16 and 17).
Regarding claim 6, wherein the base has a planar shape (1602).
Regarding claim 7, wherein the support has a planar shape (1607), the support lying parallel to the base when the support is mounted to the base (Fig.17).
Regarding claim 8, wherein the base is elongated between a pair of lateral edges (first of the lateral edges shown as cross section of 1602, Fig.16).
Regarding claim 9, wherein the support is elongated between a pair of lateral sides thereof (first of the lateral edges shown as cross section of 1607, Fig.16).
Regarding claim 14, wherein the insert is integrally formed with the support and the receiver is integrally formed with the base (Fig.16).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/060929 A1 to Bothma in view of US 4,461,128 to Knoebl.
Regarding claims 2-5, Bothma discloses securing the base to a supporting structure by screws, nails, rivets, etc. but does not specifically wherein the base defines a plurality of mounting slots extending through a top side and the bottom side of the base, the plurality of mounting slots being distributed between a pair of lateral edges of the base, nor does Bothma specifically disclose wherein the fasteners are secured or spaced.
Knoepl discloses providing elongated slots (33) located along the length of a soffit trim (31) for fasteners (35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided spaced slots located along the plane of the base of Bothma as taught by Knoepl so to ensure both that the base is secure properly to the supporting structure and further to provide flexibility when installing the base to the support structure.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/060929 A1 to Bothma in view of US 4,226,059 to Pichette.
Regarding claims 10 and 11, Bothma discloses wherein it is well known to form the soffit trim from aluminum but also discloses the use of plastics. Bothma does not disclose wherein a front end of the support forms a rolled hem.
Pichette discloses forming the support from sheet metal and providing a front edge of the support with a rolled hem (9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the support of Bothma with a rolled hem as taught by Pichette so to eliminate sharp edges of the base and also to provide an aesthetically appealing look to the soffit trim.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/060929 A1 to Bothma in view of US 4,461,128 to Knoebl in view of US 4,226,059 to Pichette.
Regarding claim 15, Bothma discloses a soffit mounting apparatus comprising: a base (1602) having a front edge (right edge) and a rear edge (left edge), the base having a planar shape (1602), the base being elongated between the pair of lateral edges (lateral edges are shown as the cross section, Fig.16); a support (1607) mountable to the base such that the support is spaced away from the bottom side of the base at a distance configured to receive a soffit therebetween (Fig.17), the support having a planar shape (1607), the support lying parallel to the base when the support is mounted to the base (Fig.17), the support being elongated between a pair of lateral sides thereof (lateral sides shown as cross section, Fig.16); and a snap joint (1604, 1605) coupled to the base and the support, the snap joint being operable to mount the support to the base (Fig.16 and 17), the snap joint comprising: an insert (1605) having an elongated portion (central extension of 1605, Fig.16) coupled to and extending away from the support adjacent to a rear end thereof (Fig.16), the insert having a pair of outwardly protruding portions (teeth 1601, 1603) coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other (tapered sides of the teeth?) and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion (teeth are spaced along 1605), the insert being integrally formed with the support (Fig.16); and a receiver (1604) having a pair of arms (arms of 1604) coupled to and extending away from the base adjacent to the rear edge, the pair of arms being spaced from each other to define a cavity therebetween (Fig.16), each arm of the pair of arms having a pair of inwardly protruding portions (teeth of 1601, 1603, and 1604, Fig.16), the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver, the receiver being integrally formed with the base (Fig.16 and 17).
Bothma discloses securing the base to a supporting structure by screws, nails, rivets, etc. but does not specifically wherein the base defines a plurality of mounting slots extending through a top side and the bottom side of the base, the plurality of mounting slots being distributed between a pair of lateral edges of the base, nor does Bothma specifically disclose wherein the fasteners are secured or spaced.
Knoepl discloses providing elongated slots (33) located along the length of a soffit trim (31) for fasteners (35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided spaced slots located along the plane of the base of Bothma as taught by Knoepl so to ensure both that the base is secure properly to the supporting structure and further to provide flexibility when installing the base to the support structure.
Bothma discloses wherein it is well known to form the soffit trim from aluminum but also discloses the use of plastics. Bothma does not disclose wherein a front end of the support forms a rolled hem.
Pichette discloses forming the support from sheet metal and providing a front edge of the support with a rolled hem (9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the support of Bothma with a rolled hem as taught by Pichette so to eliminate sharp edges of the base and also to provide an aesthetically appealing look to the soffit trim.
Claim(s) 1, 6-11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,226,059 to Pichette in view of WO 2019/060929 A1 to Bothma.
Regarding claim 1, Pichette discloses a soffit mounting apparatus (Fig.2) comprising: a base (4) having a front edge (distal edge of 4) and a rear edge (proximal edge of 4); a support (3) mountable to the base such that the support is spaced away from a bottom side of the base at a distance configured to receive a soffit (S) therebetween; and a snap joint (15 and 18) coupled to the base and the support, the snap joint being operable to mount the support to the base; wherein the snap joint comprises: an insert (15) having an elongated portion coupled to and extending away from the support adjacent to a rear end thereof; and a receiver (18) having a pair of arms (each side of slot 18) coupled to and extending away from the base adjacent to the rear edge (Fig.2), the pair of arms being spaced from each other to define a cavity (cavity into which 15 is inserted) therebetween, the insert being configured to snap to the receiver when positioned in the cavity of the receiver (Fig.1).
Pichette discloses projections (7) on the elongated portion (15) and protruding portions (19) of the receiving arms, but does not specifically disclose wherein: the insert having a pair of outwardly protruding portions coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion, and each arm of the pair of arms having a pair of inwardly protruding portions, the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver.
Bothma discloses an insert (1605) having an elongated portion (central extension of 1605, Fig.16) coupled to and extending away from the support adjacent to a rear end thereof (Fig.16), a receiver (1604) having a pair of arms (each arm of 1604) coupled to and extending away from the base adjacent to the rear edge (Fig.16), the pair of arms being spaced from each other to define a cavity therebetween (cavity between arms of 1604, Fig.16), the insert being configured to snap to the receiver when positioned in the cavity of the receiver (Fig.16), the insert having a pair of outwardly protruding portions (teeth 1601 or 1603) coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other (tapered sides of the teeth?) and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion (teeth are spaced along the length of 1605, Fig.16), and each arm of the pair of arms having a pair of inwardly protruding portions (complimentary teeth of 1604, Fig.16), the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver (Fig.16 and 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the insert and the receiving arms with interlocking projections thereby allowing the members of the soffit mounting apparatus to effectively secure the soffit panel without the need to use additional mechanical fasteners.
Regarding claim 6, Pichette discloses wherein the base has a planar shape (4).
Regarding claim 7, Pichette discloses wherein the support has a planar shape (7), the support lying parallel to the base when the support is mounted to the base (Fig.1; edge of 7 is planar with 4).
Regarding claim 8, Pichette discloses wherein the base is elongated between a pair of lateral edges (lateral edges).
Regarding claim 9, Pichette discloses wherein the support is elongated between a pair of lateral sides thereof (lateral edges).
Regarding claim 10, Pichette discloses wherein a front end of the support forms a hem (9).
Regarding claim 11, Pichette discloses wherein the hem is a rolled hem (9).
Regarding claim 14, Pichette discloses wherein the insert is integrally formed with the support and the receiver is integrally formed with the base (Fig.2).
Claim(s) 2-5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,226,059 to Pichette in view of WO 2019/060929 A1 to Bothma in view of US 4,461,128 to Knoebl.
Regarding claim 2, Pichette wherein the base defines a plurality of mounting holes (6) extending through a top side and the bottom side of the base, the plurality of mounting holes being distributed between a pair of lateral edges of the base (Fig.2).
Pichette does not specifically disclose wherein the holes are slots.
Knoebl discloses providing slots (33) along the length of the soffit mounting apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided elongated slots through the base of the mounting apparatus of Pichette as taught by Knoebl so to allow easy adjustments while installing the mounting apparatus. The slots allow the mounting apparatus to be installed without needing exact measurements or exact nail placement.
Regarding claim 3, Pichette and Knoebl both disclose wherein the mounting slots of the plurality of slots are evenly spaced from each other (6 and 33, respectively).
Regarding claim 4, Pichette discloses wherein the plurality of mounting slots is positioned adjacent to the front edge (6, Fig.1 and 2).
Regarding claim 5, Knoebl discloses wherein each mounting slot of the plurality of mounting slots is elongated in a direction extending between the lateral edges (33, Fig.3).
Regarding claim 15, Pichette discloses a soffit mounting apparatus comprising: a base (4) having a front edge (distal edge of 4) and a rear edge (proximal edge of 4), the base defining a plurality of mounting holes (6) extending through a top side and a bottom side of the base, the plurality of mounting holes being distributed between a pair of lateral edges of the base (Fig.2), the plurality of mounting holes being evenly spaced from each other (Fig.2), the plurality of mounting holes being positioned adjacent to the front edge (Fig.1), the base having a planar shape (4), the base being elongated between the pair of lateral edges (4); a support (3) mountable to the base such that the support is spaced away from the bottom side of the base at a distance configured to receive a soffit (S) therebetween (Fig.1), the support having a planar shape (3), the support lying parallel to the base when the support is mounted to the base (portion of 3 lies parallel to 4), a front end of the support forming a hem (9), the hem being a rolled hem (9), the support being elongated between a pair of lateral sides thereof (3); and a snap joint coupled to the base and the support (locking portion 15 and 18), the snap joint being operable to mount the support to the base (Fig.2), the snap joint comprising: an insert (15) having an elongated portion coupled to and extending away from the support adjacent to a rear end thereof (Fig.2), the insert having protruding portions (7) coupled to the elongated portion, the insert being integrally formed with the support (Fig.2); and a receiver (18) having a pair of arms (arms of slot 18) coupled to and extending away from the base adjacent to the rear edge (Fig.2), the pair of arms being spaced from each other to define a cavity therebetween (cavity into which 15 is inserted, Fig.2), the pair of arms having a protruding portion (19), the insert being positionable in the cavity of the receiver such that a protruding portion of the insert engages a protruding portion (19 engages 7) of an arm of the receiver, the receiver being integrally formed with the base (Fig.2).
Pichette does not specifically disclose wherein the holes are slots.
Knoebl discloses providing slots (33) along the length of the soffit mounting apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided elongated slots through the base of the mounting apparatus of Pichette as taught by Knoebl so to allow easy adjustments while installing the mounting apparatus. The slots allow the mounting apparatus to be installed without needing exact measurements or exact nail placement.
Pichette discloses projections (7) on the elongated portion (15) and protruding portions (19) of the receiving arms, but does not specifically disclose wherein: the insert having a pair of outwardly protruding portions coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion, and each arm of the pair of arms having a pair of inwardly protruding portions, the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver.
Bothma discloses an insert (1605) having an elongated portion (central extension of 1605, Fig.16) coupled to and extending away from the support adjacent to a rear end thereof (Fig.16), a receiver (1604) having a pair of arms (each arm of 1604) coupled to and extending away from the base adjacent to the rear edge (Fig.16), the pair of arms being spaced from each other to define a cavity therebetween (cavity between arms of 1604, Fig.16), the insert being configured to snap to the receiver when positioned in the cavity of the receiver (Fig.16), the insert having a pair of outwardly protruding portions (teeth 1601 or 1603) coupled to the elongated portion, the pair of outwardly protruding portions being aligned to extend towards each other (tapered sides of the teeth?) and being spaced from each other in a direction parallel to a longitudinal axis of the elongated portion (teeth are spaced along the length of 1605, Fig.16), and each arm of the pair of arms having a pair of inwardly protruding portions (complimentary teeth of 1604, Fig.16), the insert being positionable in the cavity of the receiver such that each outwardly protruding portion of the insert engages a respective inwardly protruding portion of a respective arm of the receiver (Fig.16 and 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the insert and the receiving arms with interlocking projections thereby allowing the members of the soffit mounting apparatus to effectively secure the soffit panel without the need to use additional mechanical fasteners.
Response to Arguments
Applicant's arguments filed 11/14/2025 have been fully considered but they are not persuasive.
Applicant argues that Bothma does not remedy the deficiencies of Pichette, but the arguments are solely directed to Figure 15 of Bothma. It is noted that Figure 16 was also included within the rejection and the projections of Figure 16 meet the limitations as presented. Further, the amendment as filed is deemed indefinite since the true meaning of the amendment does not seem to be taught within the disclosure or possible when viewing the figures provided within the original disclosure. For these reasons, the arguments are deemed unpersuasive.
Applicant’s arguments with respect to claim(s) 1 and 15 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
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 RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635