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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
16’
34’
36’
38’
38”
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 4 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 4 recites the limitations "the first rail" and “the second rail” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. The claims do not previous recite first and second rails.
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.
Claim(s) 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0090370 A1 to Cope.
Regarding claim 21, Cope discloses a support system for supporting a roof or a floor in a building (Fig.2) comprising: a plurality of interlocking elements (110) each interlocking element comprising a first interlocking element end (end of 112 with 140) and a second interlocking element end (end of 114 with 140); a female segment (114, Fig.7) having a female segment exterior surface, a female segment interior surface, and at least one female segment fastener slot (slots in 114), and a male segment (112) having a male segment exterior surface and at least one male segment fastener slot (slots in 112), 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); 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 at least one of an attachment point (195, Fig.6; embodiments shown in Fig. 3/4 and Fig.5A/5B) and couplable to at least one of the first interlocking element end (195, Fig.6) and the second interlocking element end (195, Fig.6), wherein the attachment point is operable to secure the first interlocking element end or the second interlocking element end to a truss (20, Fig.2), and at least one cross-connector (130, Fig.6 and 8) couplable to the interlocking element wherein the cross-connector is operable to secure a first interlocking element to a second interlocking element at an angle (Fig.6).
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.
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(s) 1-20 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 1, Cope discloses an adjustable roof support system (Fig.6) for supporting a roof or a floor in a building (Fig.2) having at least one truss (20), the support system comprising: a plurality of interlocking elements segments (112, 114) each interlocking element segment having at least one fastener slot (slots shown in 112, 114, Fig.6) and a cross-section comprising a main rail (vertical portion of 112, 114, Fig.7) having a top extension (top flange of 112, 114, Fig.6 and 7) and a bottom extension (bottom flange of 112, 114, Fig.7) that define an interior channel (Fig.7) and an external periphery (rear surface of 112, 114), further wherein the plurality of interlocking elements segments comprises at least one female segment (114, Fig.6) and at least one male segment (112) and the exterior periphery of the at least one male segment fits within the interior channel of the at least one female segment (Fig.6 and 7) and the fastener slot of the at least one female segment aligns with fastener slot of the at least one male segment (Fig.6 and 7) when the male segment is situated within the female segment and the interlocking element has a first end (one end with attachment 195, Fig.6) and a second end (second end with attachment 195, Fig,6) and an assembled length (Fig.6); at least one fastener (190, Fig.7) configured to pass through the fastener slots of the male segment and the female segment when the male segment is situated within the female segment to secure the male segment from sliding relative to the female segment (Fig.6); and an attachment point (195, Fig.6; embodiments shown in Fig.3/4 and 5A/5B) coupled to at least one of the first end and the second end wherein the at least one attachment point is configured to secure the first end or the second end to the at least one truss (20, Fig.2).
Cope does not specifically disclose wherein the top extension of the element is longer than the bottom extension of the element.
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 are 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 3, Cope discloses wherein the at least one fastener slot is on the main rail (Fig.6 and 7).
Regarding claim 4, Cope discloses wherein the first rail is smaller than the second rail allow the first rail to slide within the second rail (112 slides within 114).
Regarding claim 5, Cope discloses wherein the attachment point (195, Fig.6; alternate embodiment, Fig.5A/5B) comprises a horizontal member (156) coupled to a vertical member (154/140) that is coupled to the first end and/or the second end (coupled by holes 158; Fig.6)
Regarding claim 6, Cope discloses wherein the vertical member (154, 140) 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 tightened against the at least one truss (Paragraph [0035]).
Regarding claim 7, Cope discloses further comprising a cross connector (130, Fig.6 and 8) and configured to secure one interlocking segment to another interlocking segment at an angle (Fig.6 and 8).
Regarding claim 8, Cope discloses wherein the angle is a perpendicular angle (130).
Regarding claim 9, Strickland also 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 fasteners (190) are at least one of a bolt and/or nut (Paragraph [0046]).
Regarding claim 11, Cope discloses wherein the interlocking segments are composed of aluminum (Paragraph [0024]).
Regarding claim 12, Cope discloses a method of assembling an adjustable roof support system (Fig.2 and 6) on a structure having a first truss (20, Fig.2) and a second truss (other 20, Fig.2), the method comprising the acts of; providing an adjustable support system (Fig. 2 and 6) having a plurality of interlocking elements (110 including 112 and 114, Fig. 2 and 6) each interlocking element having at least one fastener slot (slots in 112 and 114, Fig.6 and 7) and a cross-section comprising a main rail (vertical portion of 112, 114, Fig.7) having a top extension (top flange of 112, 114, Fig.6 and 7) and a bottom extension (bottom flange of 112, 114, Fig.7) that define an interior channel (Fig.7) and an external periphery (outside of the elements), further wherein the plurality of interlocking elements comprises at least one female segment (114, Fig.6 and 7) and at least one male segment (112, Fig.6 and 7) and the exterior periphery of the at least one male segment fits within the interior channel of the at least one female segment (Fig.7) and the fastener slot of the at least one female segment aligns with fastener slot of the at least one male segment when the male segment is situated within the female segment (Fig. 6 and 7) and the interlocking element has a first end (first end with member 195, Fig,6) and a second end (second end with member 195, Fig.6) and an assembled length (Fig.6), at least one fastener (190, Fig.6 and 7) configured to pass through the fastener slots of the male segment and the female segment to secure the male segment from sliding relative to the female segment (Fig.6), and an attachment point (195; alternate embodiments of 195 shown in Fig.3/4 and 5A/5B) coupled to at least one of the first end and the second end (Fig.6) wherein the at least one attachment point is configured to secure the first end or the second end to the at least one truss (Fig.2; Paragraph [0035]); assembling a first rail by assembling a male segment with a female segment and slidably adjusting the assembled length of the first rail to extend between the first truss and the second truss (110, Fig. 2 and 6); assembling a second rail (other 110, Fig.2 and 6) by assembling at least one male segment with at least one female segment and slidably adjusting the assembled length of the second rail to extend between the first truss and the second truss (Fig.2 and 6) arranging the first rail a desired distance from the second rail (Fig. 2 and 6); coupling the first end of the first and second rails with the first truss and the second end of the first and second rails with the second truss (Fig.2; Paragraph [0035]); providing at least one cross rail (120, Fig.6) comprising at least one of the plurality of interlocking elements (formed from 122, 124), a first cross connector (130) and a second cross connector (other 130) that when assembled span the desired distance; and securing the first cross connector to the first rail and the second cross connector to the second rail (Fig. 2, 6, and 8).
Cope does not specifically disclose wherein the top extension of the element is longer than the bottom extension of the element.
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 are 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 13, Cope discloses wherein the first rail and the second rail is comprised of a single male segment and a single female segment (112, 114, Fig.6).
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 rail and the second rail to stretch between the first truss and the second truss with a single male segment and a single female segment (Fig.2 and 6; the rails extend between trusses with a single male and a single female segment).
Regarding claim 15, Cope discloses wherein the male and female segments extend between trusses but Cope does not disclose the specific lengths of the male and female segments.
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 lengths of the male and female segments to be a specific length that can be adjusted to accommodate truss spacings of multiple sizes, thereby eliminating the need to manufacture many different size rail elements.
Regarding claim 16, Cope discloses wherein the combined length of one of the at least one of the plurality of interlocking segments, the first cross connector and the second cross connector is the desired distance (Fig.2 and 6; the members 120 in addition to the cross connectors is the desired spacing between interlocking elements).
Regarding claim 17, Cope does not disclose the specific distances between interlocking elements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have spaced the interlocking elements between 21 and 27 inches apart so to provide the structure with the desired amount of support from the support system. Spacing the interlocking elements too close together would not be effective nor would spacing the interlocking elements too far apart, therefore one of ordinary skill ion the art would want to optimize the distance between elements.
Regarding claim 18, Cope discloses further comprising securing at least one fastener in at least one of the fastener slots (190, Fig.6 and 7).
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 and the second truss.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have spaced the cross rails every 25 inches apart so to provide the structure with the desired amount of support from the support system. Spacing the cross rails too close together would not be effective nor would spacing the cross rails too far apart, therefore one of ordinary skill ion the art would want to optimize the distance between cross rails.
Regarding claim 20, Cope discloses wherein the interlocking segments are composed of aluminum (Paragraph [0024]).
Conclusion
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
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