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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 filed on 26 August 2026 has been entered.
Claim Objections
Claim 6 is objected to because of the following informalities:
Regarding claim 6, claim 6 depends from claim 5 which has been cancelled. Claim 6 has been examined as if dependent from claim 22.
Appropriate correction is required.
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 6 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.
Claim 6 recites the limitation "the vertical member" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6, line 2, the recitation “it” renders the claims indefinite because it is unclear exactly what the term “it” is representing. It is suggested that "it” be replaced by the structure in which the term is used to represent.
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, 6-11, 13-20, and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0090370 A1 to Cope in view of US 2008/0006002 A1 to Strickland et al.
Regarding claim 22, Cope discloses an adjustable support system (Fig.6) for supporting a roof or a floor in a building (Fig.2) having at least one truss or I-beam (20, Fig.2), the adjustable support system comprising: a plurality of interlocking elements (110, 120, Fig.6), each interlocking element comprising: a main rail (vertical portion of 112, 114, Fig.7) having a top extension (top flange of 112, 114, Fig.6 and 7) that defines a continuous bearing surface with a first width (width of the top flange of 112, 114) configured to directly support a roof member or a floor member extending transversely to the interlocking element (Fig.2), and a bottom extension (bottom flange of 112, 114, Fig.7) having a second width (width of the bottom flange of 112, 114) and configured to resist torsion and buckling without providing a primary bearing surface (perpendicular flange will resist buckling and torsion), the top extension and the bottom extension together defining an interior channel (Fig.7) and an external periphery (rear surface of 112, 114), wherein the main rail has a female segment (114, Fig.6) having a female segment exterior surface (rear surface of 114), a female segment interior surface (surface opposite the exterior of 114) that defines the interior channel, and at least one female segment fastener slot (slots in 114, Fig.6 and 7), and a male segment (112) having a male segment exterior surface (outer surface of 112) that defines the external periphery and at least one male segment fastener slot (slots formed in 112, Fig.6 and 7), further wherein the female segment fastener slot aligns with the at least one male segment fastener slot (Fig. 6 and 7) when a portion of the male exterior surface of the male segment engages the female segment interior surface of the female segment (Fig.6 and 7), and wherein the male segment is slidable within the female segment to define an assembled length of the interlocking element between a first interlocking element end and a second interlocking element end (Fig. 6 and 7); at least one fastener (190, Fig.7) operable to pass through the female segment fastener slot and the male segment fastener slot to secure the male segment in a position relative to the female segment (Fig. 6 and 7), and an attachment point (140, 195, Fig.6) with a vertical attachment point member (154, Fig. 3-5) coupled to a horizontal attachment point member (156), and an attachment point fastener (190 inserted through slot 158, Fig.7) couplable to at least one of the first interlocking element end and the second interlocking element end (Fig.7), wherein the attachment point fastener is positioned perpendicularly to the horizontal attachment point member (longitudinal axis of 190 is perpendicular to the longitudinal axis of 156) and the attachment point is operable to secure the first interlocking element end or the second interlocking element end to the truss or I-beam (Fig.2).
Cope does not disclose wherein the bottom extension has a width that is less than that of the width of the top extension.
Strickland et al. discloses forming a c-shaped structural member having different shapes, C-shapes, and top and bottom flanges of different sizes (Fig.1, 15, 18, 45, 57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the extensions of the elements of Cope having different lengths as taught by Strickland so to provide a greater surface area on the top extension, thereby retaining the strength of the elements by providing both upper and lower extensions but also providing more upper surface area to support a roof or floor upon the trusses and the support system. The upper extension providing increased surface area will allow more surface to secure the above elements and further greater support area, thereby better distributing forces of the surface supported.
Regarding claim 23, Cope discloses a method of assembling an adjustable support system (Fig. 2 and 6) on a structure having a first truss or I-beam (20, Fig.2) and a second truss or I-beam (other 20, Fig.2), the method comprising the acts of: providing the adjustable support system (100) with a plurality of interlocking elements (110), each interlocking element comprising: a main rail (vertical portion of 112, 114) having a top extension (top flange of 112, 114) that defines a continuous bearing surface with a first width (width of top flange) configured to directly support a roof member or a floor member extending transversely to the interlocking element (Fig.2), and a bottom extension (bottom flange of 112, 114) having a second width (width of bottom flange) and configured to resist torsion and buckling (a perpendicular flange will assist is resisting buckling), the top extension and the bottom extension together defining an interior channel (interior channel of 112 and 114) and an external periphery (outside surface of 112, 114) wherein the main rail has a female segment (114) having a female segment exterior surface (outside of 114), a female segment interior surface (interior channel surface of 114) that defines the interior channel, and at least one female segment fastener slot (126), and a male segment (112) having a male segment exterior surface (exterior surface of 112) that defines the external periphery and at least one male segment fastener slot (126 of 112), further wherein the female segment fastener slot aligns with the at least one male segment fastener slot when a portion of the male exterior surface of the male segment engages the female segment interior surface of the female segment (Fig.6 and 7), and wherein the male segment is slidable within the female segment to define an assembled length (Fig. 6 and 7) of the interlocking element between a first interlocking element end (195 on one end) and a second interlocking element end (195 on other end), at least one fastener (190) operable to pass through the female segment fastener slot and the male segment fastener slot to secure the male segment in a position relative to the female segment (Fig. 6 and 7), and an attachment point (140, 195) with a vertical attachment point member (154) coupled to a horizontal attachment point member (156), and an attachment point fastener (190 inserted through 158) couplable to at least one of the first interlocking element end and the second interlocking element end (Fig. 6 and 7), wherein the attachment point fastener is positioned perpendicularly to the horizontal attachment point member (longitudinal axis of 190 is perpendicular to the longitudinal axis of 156) and the attachment point is operable to secure the first interlocking element end or the second interlocking element end to the truss or I-beam (Fig.2); assembling a first interlocking element by sliding the male segment within the female segment and adjusting the assembled length to extend between the first truss or I-beam and the second truss or I-beam (Fig.6 and 7); assembling a second interlocking element in the same manner (Fig. 6 and 7); arranging the first interlocking element a desired distance from the second interlocking element (Fig. 2 and 6); coupling the first interlocking element end of each of the first and second interlocking elements to the first truss or I-beam and the second interlocking element end of each of the first and second interlocking elements to the second truss or I-beam (Fig.2); and providing at least one cross-rail (120, 130) comprising at least one of the plurality of interlocking elements (120), a first cross connector (130) and a second cross connector (130) that when assembled span the desired distance (Fig.2); and securing the first cross connector to the first interlocking element and the second cross connector to the second interlocking element (Fig. 2, 6, 8).
Cope does not disclose wherein the bottom extension has a width that is less than that of the width of the top extension.
Strickland et al. discloses forming a c-shaped structural member having different shapes, C-shapes, and top and bottom flanges of different sizes (Fig.1, 15, 18, 45, 57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the extensions of the elements of Cope having different lengths as taught by Strickland so to provide a greater surface area on the top extension, thereby retaining the strength of the elements by providing both upper and lower extensions but also providing more upper surface area to support a roof or floor upon the trusses and the support system. The upper extension providing increased surface area will allow more surface to secure the above elements and further greater support area, thereby better distributing forces of the surface supported.
Regarding claim 2, Cope discloses wherein the assembled length is slidably adjustable (slots shown in Fig.6).
Regarding claim 6, Cope discloses wherein the vertical member (154) is coupled to an angle member (202, Fig.5A/5B) having at least one truss fastener (204, 208) coupled to it wherein the fastener is tightenable against the at least one truss or I-beam (Paragraph [0035]).
Regarding claim 7, Cope discloses further comprising a cross connector (120, 130, Fig. 6 and 8) configured to secure one interlocking element to another interlocking element at an angle (Fig. 6 and 8).
Regarding claim 8, Cope discloses wherein the angle is a perpendicular angle (130).
Regarding claim 9, Strickland discloses wherein the top extension and the bottom extension have a vertical extension (22, Fig.1) substantially extending away from the top extension and the bottom extension.
Regarding claim 10, Cope discloses wherein the at least one fastener (190) is at least one of a bolt and/or nut (190).
Regarding claim 11, Cope discloses wherein the plurality of interlocking elements are formed from heavy gauge steel or aluminum (Paragraph [0024]) but does not disclose the specific gauge of the material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the steel or aluminum material to be of specific gauge known to be “heavy gauge” so to effectively provide support to a roof or floor structure, thereby effectively reinforcing the floor or roof while preventing sagging. Heavy gauge steel is well known in the art to be considered in the 12 gauge and under range.
Regarding claim 13, Cope discloses wherein the first rail and the second rail is comprised of a single male segment and a single female segment (Fig. 6 and 7).
Regarding claim 14, Cope discloses further comprising the acts of: selecting a segment length for the male segment and the female segment from a plurality of segment lengths to allow the first interlocking element and the second interlocking element to stretch between the first truss or I-beam and the second truss or I-beam with a single male segment and a single female segment (Fig. 6 and 7).
Regarding claim 15, Cope does not disclose specific lengths of rails.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided and selected different rail lengths for the male and female members so to allow adjustment of the rails but at the same time, not including too much overlap thereby wasting materials and increasing costs.
Regarding claim 16, Cope discloses wherein the combined length of one of the at least one of the plurality of interlocking elements, the first cross connector and the second cross connector is the desired distance (Fig. 2 and 6).
Regarding claim 17, although Cope does not specifically disclose wherein the desired distance is between 21 and 27 inches, it is well known in the art that beams, trusses, etc. are typically spaced from 16 inches to 24 inches, and thereby it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided interlocking members and connectors which are adjustable and span the typical distances of ceiling/roof truss members while allowing overlap of the male and female segments.
Regarding claim 18, Cope discloses further comprising securing at least one fastener in at least one of the fastener slots (Fig.6).
Regarding claim 19, Cope does not disclose wherein the at least one cross rail is one cross rail for every 25 inches of the distance between the first truss or I-beam and the second truss or I- beam.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a specific number of cross rails between the truss members so to provide the required strength to the building system while optimizing the amount of cross rails and materials used.
Regarding claim 20, Cope discloses wherein the plurality of interlocking elements are formed from heavy gauge steel or aluminum (Paragraph [0024]) but does not disclose the specific gauge of the material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the steel or aluminum material to be of specific gauge known to be “heavy gauge” so to effectively provide support to a roof or floor structure, thereby effectively reinforcing the floor or roof while preventing sagging. Heavy gauge steel is well known in the art to be considered in the 12 gauge and under range.
Regarding claim 24, further comprising at least one cross connector (120, 130) couplable to the interlocking element, wherein cross connector is selectively couplable to either the male segment or the female segment of each of the first interlocking element (Fig.6) and the second interlocking element (Fig.6) to secure the first interlocking element to the second interlocking element at the angle (Fig. 2 and 6).
Response to Arguments
Applicant's arguments filed 26 August 2026 have been fully considered but they are not persuasive.
Applicant argues that Copes does not disclose an attachment point fastener that is both couplable to an end of the telescoping interlocking element; and positioned perpendicularly to Cope’s horizontal attachment point member. This is not found to be persuasive. As recited in the rejection above, attachment points (140) are secured to the telescopic members by fasteners (190) which are inserted through openings (158) in the vertical member (154). As recited above, the longitudinal axis of fattener (190) is perpendicular to the longitudinal axis of horizontal member 156).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
