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 . 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 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.
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 19 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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 1 first sets forth a “a connecting device for connecting a first frame having a first tubular frame ….to a second frame having a second tubular frame member” where the frame members are part of an intended use. However, claim 19 recites “the first frame comprises two first tubular frame members….and the second frame comprises two second tubular frame members” which is referred to the intended use limitation of tubular frames in Claim 1. It is unclear whether the first and second frames are being positively claimed as an element of a combined invention of two frames and the connecting device or just as an intended use of the invention and thus the prior art need only teach a bridging device that can be used in a plurality. Accordingly, one of ordinary skill in the art is unable to properly determine the metes and bounds of such claims. For purposes of examination the examiner will interpret the claim as being the combination of the frames and bridging devices.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, 9-10, 16-19 and 20 are being rejected under 35 U.S.C 102(a)(1) as being anticipated by US 20170233996 A1 (Abernathy et al.)
Regarding Claim 1 Abernathy et al. discloses
A connecting device for connecting a first frame having a first tubular frame member with an open end to a second frame having a second tubular frame member with an open end (Figure 5), the connecting device comprising:
a bridging apparatus extending (Figure 5 element 406) in a longitudinal direction between a first end and a second end of the bridging apparatus so as to define (i) a first portion extending longitudinally between the first end and an intermediate location on the bridging apparatus and (ii) a second portion extending longitudinally between the intermediate location and the second end of bridging apparatus (Figure 5 first end of the bridging apparatus being from the middle of element 406 down until the end of the face and the second end being from the middle of element 406 and up until the end of the face), the first and second portions of the bridging apparatus being sized and shaped to be received within the first and second tubular frame members respectively when the open ends of the first and second tubular frame members are abutted with one another in a mounted position (Figure 6 shows the tubular frames being connected together via bridging apparatus); first fastener bores oriented radially (Figure 5 element 477 and the bottom of element 462 shows the bores are radially) within the first portion of the bridging apparatus for alignment with respective mounting apertures (Figure 5 the holes that element 478 is being inserted to element 412) in the first tubular frame member in the mounted position ( Figure 5 element being the fasteners 477 and 412 being the bores), in which at least some of the first fasteners bores are circumferentially spaced apart from one another (Figure 5 the bottom bores of element 456 are circumferentially spaced apart from the bores at the bottom of element 462)), the first fasteners bores being internally threaded so as to be arranged to receive first fasteners threaded therein from an exterior of the first tubular member to clamp the first portion of the bridging apparatus against an inner surface of the first tubular member at each first fastener location (Paragraph 35, lines 9-12 shows that the first plate functions as a nut which implied fastener bores are internally threaded); and
second fastener bores oriented radially within the second portion of the bridging apparatus ( Figure 5 element 475 are radially with the bores on top of element 462)for alignment with respective mounting apertures in the second tubular frame member in the mounted position ( Figure 5 elements 475 is aligned with the mounting apertures of element 424), in which at least some of the second fasteners bores are circumferentially spaced apart from one another ( Figure 5 element 477 shows that right next to these holes and the bores next to the first body), the second fasteners bores being internally threaded so as to be arranged to receive second fasteners threaded therein from an exterior of the second tubular frame member to clamp the second portion of the bridging apparatus against an inner surface of the second tubular member at each second fastener location ( Paragraph 35, lines 9-12 shows that the first plate functions as a nut which implied fastener bores are internally threaded);.
Regarding Claim 2 Abernathy et al. discloses
The device according to claim 1 wherein at least some of the first fasteners bores are longitudinally spaced apart from one another (Figure 5 element 477), and at least some of the second fasteners bores are longitudinally spaced apart from one another (Figure 5 element 475).
Regarding Claim 3 Abernathy et al. discloses
The device according to claim 1 wherein the bridging apparatus includes a first body and a second body (Figure 5 element 456 is the first body and element 462 is the second body), each body spanning longitudinally between the first end and the second end of the bridging apparatus (Figure 5), and each body including at least one first fastener bore and at least one second fastener bore therein ( Figure 5 element 475 and 477 and the holes above and bottom of element 462) , the first body and the second body being movable relative to one another (Figure 5).
Regarding Claim 5 Abernathy et al. discloses
The device according to claim 3 wherein the first body and the second body are identical to one another (Figure 5 element 456 is the first body and element 462 is the second body shows they are identical),
Regarding Claim 9 Abernathy et al. discloses
The device according to claim 3 wherein the bridging apparatus further comprises a third body spanning longitudinally between the first end and the second end of the bridging apparatus ( Figure 5 element 475 and 477 and the holes above and bottom of element 462 and element 460 is the third body, also Column 35 lines 1-3), wherein the first body, the second body and the third body are arranged to engage an inner surface of the first and second tubular members at circumferentially spaced apart locations ( Figure 5 shows they are in the inner surface of elements 408 and 420), and wherein the first body, the second body and the third body are movable relative to one another ( Figure 5 shows the positions of the plates can changed with respect to each other).
Regarding Claim 10 Abernathy et al. discloses
The device according to claim 9 wherein the third body is identical to each of the first and second bodies of the bridging apparatus (Figure 5 shows all plates are identical).
Regarding Claim 16 Abernathy et al. discloses
The device according to claim 1 wherein at least one of the first fasteners bores is aligned with at least one of the second fasteners bores along a first longitudinal axis and wherein at least one of the first fasteners bores is aligned with at least one of the second fasteners bores along a second longitudinal axis spaced circumferentially from the first longitudinal axis (Figure 5 elements 475 is aligned with elements 477).
Regarding Claim 17 Abernathy et al. discloses
The device according to claim 16 wherein the first frame and the second frame generally lie in a common longitudinal plane bisecting each of the first tubular frame member and the second tubular frame member (Figure 5 element 408 and element 420 are in the same plane) , and wherein the first longitudinal axis and the second longitudinal axis are equally spaced from the common longitudinal plane on opposing sides of the common longitudinal plane ( Figure 5 shows they are equally spaced).
Regarding Claim 18 Abernathy et al. discloses
The device according to claim 1 wherein the first tubular frame member defines a header at one end of the first frame and the second tubular frame member defines a header at one end of the second frame (Figure 6 elements 408 and 420), the first and second fasteners bores being aligned with the mounting apertures along an interior half of the first and second tubular frame members respectively (Figure 5 bolts 478 at the top goes through the holes 424 and goes through holes 475, and the bolts 478 at the bottom goes through the holes 412 and goes through holes 477)).
Regarding Claim 20 Abernathy et al. discloses
The device according to claim 1 wherein the first tubular frame member and the second tubular frame member are circular in cross section (Paragraph 29 lines 15-18), and wherein the bridging apparatus has a polygonal boundary shape arranged to engage an inner surface of the first and second tubular members at a plurality of longitudinally extending edges which are circumferentially spaced apart from one another (Figure 5 element 414).
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.
Claim 19 is be rejected are being rejected under 25 U.S.C 103 as being unpatentable over US 20170233996 A1 (Abernathy et al) in view of US 5078534 A (White)
Regarding Claim 19 Abernathy et al. discloses The device according to claim 1 the bridging apparatus being connected between the first tubular frame member and the second tubular frame member at the top ends of the frames (Figure 6 shows the bridging device shown in figure 5 connecting the two tubular frame with the connecting device), but does not disclose a second apparatus identical in configuration to the bridging apparatus, the second apparatus being connected between the first tubular frame member and the second tubular frame member at the bottom ends of the frames.
However White teaches multiple first frame members (10 upper) and multiple second frame members (10 lower) where multiple identical bridging devices (20) are placed between frame members (Abstract) where the frames are located in a top and bottom configuration (Fig. 1 and 2).
It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the bridging device of Abernathy et el. in a plurality and in a plurality of frames as taught by White, as it is well known in the art and would have been routine design choice to one of ordinary skill in the art to have a connecting device connecting a plurality of frames together and also having identical connecting devices to connect each set of tubular frames together to build a secure structure with hidden connectors.
Allowable Subject Matter
Claim 4, 6-8 and 11-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 4 Abernathy fails to disclose the first and second body being resiliently coupled to another. Based on the configuration of Abernathy et al. an attempt to combine with other references would require improper hindsight reconstruction of the invention of the primary reference.
Regarding Claims 6-8 Abernathy et al. fails to disclose the first and second body being are coupled together by at least one retainer ring, the retainer ring being received within a groove and one retainer ring comprising two retainer rings. Based on the configuration of Abernathy et al. an attempt to combine with other references would require improper hindsight reconstruction of the invention of the primary reference.
Regarding Claims 11-15 Abernathy et al. fails to disclose an expansion mechanism between the three bodies, an intermediate body including a pair of mating surfaces supported internally within the bridging apparatus, the intermediate body longitudinally retained and opposing shoulders engaging opposing end surfaces on the intermediate body. Based on the configuration of Abernathy et al. an attempt to combine with other references would require improper hindsight reconstruction of the invention of the primary reference as the design of the plates is such that they are drawn to the walls without an intermediate expansion mechanism.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALMUTASIM HEZAM AIYASH whose telephone number is (571)272-6104. The examiner can normally be reached Monday-Friday 7:30AM-5PM.
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, Amber Anderson can be reached at 571-270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.H.A./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678