DETAILED 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 6 and 7 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. The claims describe a slot with an undercut. The meaning to this is not clear. How can a slot have an undercut? Furthermore, the disclosure provides no clarity other than to state that the insertion opening is a slot with an undercut. This lack of clarity renders the scope of the claim indefinite. An appropriate correction is required.
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a2) as being anticipated by Kramer (U.S. 4,592,688). .
In re Claim 1, neither the furnace wall, the anchor brick or even the furnace itself have been positively claimed. Therefore, any language directed to these unclaimed elements are not afforded patentable weight. Furthermore, the limitations “for fastening the holding device to the furnace wall”, “for holding the ceramic anchor brick”, “fastenable to the first fastening part’, or is “fastenable to the furnace wall’ are functional limitations directed to intended use and are afforded only limited weight. The items are capable of performing the function. The preamble is directed to a holding device. All that has been positively claimed is a first fastening part and receiving part with a second fastening part. These two fastening part are joined by the rotational movement of one part with respect to another.
Kramer teaches a holding device that comprises a fastening means; a receiving part (11); wherein the fastening means comprises a first fastening part (15) and a second fastening part (10), the second fastening part is fastened to the receiving part (11), and wherein the second fastening part (10) is fastenable to the first fastening part (15). by relative rotary motion. (Figures 1-10”)
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(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nebgen (EP 2322889) in view of Zahodiakian (U.S. 2,355,196).
In re Claim 1 and 11 Nebgen teaches a holding device for holding a ceramic anchor brick (14) on a furnace wall (2), the holding device comprising fastening means (4,4a,6) for fastening the holding device to the furnace wall (2); a receiving part (8) for holding a-the ceramic anchor brick (14) on the holding device; wherein the fastening means (4,4a,6) comprises a first fastening part (4) and a second fastening part (6), wherein the first fastening part (4,4a) is fastenable to the furnace wall (2), and the second fastening part (6) is fastened to the receiving part (8), and wherein the second fastening part (102) is fastenable to the first fastening part (4,4a). (Figures 1-6)
Nebgen does not teach that the first fastening part and the second fastening part are designed in such a way that the second fastening part is fastenable to the first fastening part by a relative movement of the second fastening part to the first fastening part; characterized in that the relative movement is a rotary movement.
The examiner notes that the second fastening part mentioned in the specification is well known in the art as a quarter turn fastener. Zahodiakian teaches a stud element (17) with a quarter turn fastener (22,23) that is integrally part of it. This quarter turn fastener is received within slot (29) of yoke (28) The two parts are joined by the relative rotations movement of one relative to the other. (Figures 1-5)
It would be obvious to one of ordinary skill in the art prior to the effective date of the invention to incorporate the quarter turn fastener structure taught by Zahodiakian into the holding device disclosed by Nebgen. This would involve the replacement of one know fastener configuration for another. The quarter turn fastener configuration would allow for a simple disassembly of the furnace wall elements.
In the combination, this would result in the first fastening part (4,4a) with slot (Zahodiakian 29) and the second fastening part (Zahodiakian (22,23)) are designed in such a way that the second fastening part is fastenable to the first fastening part by a relative movement of the second fastening part to the first fastening part; characterized in that the relative movement is a rotary movement. The Nebgen/ Zahodiakian combination teaches a furnace with a furnace wall and one or more holding devices fastened to the furnace wall by fastening means.
The examiner would like to point out that while a reference for a furnace wall was used, neither the furnace wall or the anchor brick or even the furnace itself have been positively claimed. Furthermore, the limitations “for fastening the holding device to the furnace wall” and “for holding the ceramic anchor brick” are functional limitations directed to intended use and are afforded only limited weight. All that has been positively claimed is a first fastening part and receiving part with a second fastening part. These two fastening part are joined by the rotational movement of one part with respect to another.
In re Claim 2, the modified Nebgen modified by Zahodiakian teaches the first fastening part (4,4A) with slot (Zahodiakian 29) is formed in one piece.
In re Claims 3 and 4, Nebgen modified by Zahodiakian teaches the second fastening part ((Zahodiakian (22,23)) is formed in one piece and that this is integral with element (17,21). In the combination it would be integral with receiving part (8).
In re Claims 5, Nebgen modified by Zahodiakian teaches the first fastening part (Nebgen4,4a) has an insertion opening (Zahodiakian 29) and the second fastening part (Zahodiakian (22,23)) has an insertion section (23) which can be inserted into the insertion opening, and wherein the second fastening part can be form-fit fastened to the first fastening part via the insertion section inserted into the insertion opening by the relative movement of the second fastening part.
In re Claims 6 and 7, Nebgen modified by Zahodiakian has been previously discussed. Zahodiakian insertion opening (29) is a slot with undercut (33) and the insertion section (23) can be inserted into the slot and the relative movement can engage behind the undercut. (Figures 1-5)
In re Claims 8-10, Nebgen modified by Zahodiakian has been previously discussed. As was previously stated, in the combination the first fastening part (Nebgen4,4a) has an insertion opening (Zahodiakian 29) and the second fastening part (Zahodiakian (22,23)) has an insertion section that is inserted into the insertion opening. When rotated in the insertion opening/slot the second fastening part can be positively and frictional fastened to the first fastening part. The fixing means is a broad term that can refer to any number of features or contact surfaces that help frictionally fasten the first and second fastening parts together. They could refer to the underside surface of member (23) or undercut/shoulders (33).
In re Claims 12-14, Nebgen modified by Zahodiakian has been previously discussed. The Nebgen/ Zahodiakian combination teaches fastening the first fastening part (Nebgen 4,4a) to the furnace wall. The second fastening part (Zahodiakian (22,23)) has an insertion section that is inserted into the insertion opening (Zahodiakian 29) of the first fastening part. As with all quarter turn fastener, then there is a rotary movement of the second fastening part relative to the first fastening part to fasten the second fastening part to the first fastening part.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571) 272-675. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM G BARLOW/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633