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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the utility infrastructure configured to be positioned at least partially in a gap between the framing structure and the wall of the building when the framing structure is mounted to the wall must be shown or the feature(s) canceled from claim 2. None of the drawings show the wall, so the utility infrastructure in a gap between the framing structure and the building wall is not shown. No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one utility port configured to be open while at least another is closed must be shown or the feature(s) canceled from claim 11. None of the drawings show open and closed utility ports. No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the utility infrastructure configured to pass through at least some of the plurality of struts when the framing structure is mounted to the wall must be shown or the feature(s) canceled from claim 16. None of the drawings show such passage.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the connecting elements configured to be detachably connected to the frame mounting sockets must be shown or the feature canceled from claim 18. None of the drawings show any structure facilitating a detachable connecting element/frame mounting socket connection.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the connecting elements configured to be detachably connected to the module mounting sockets must be shown or the feature canceled from claim 20. None of the drawings show any structure facilitating such a detachable connection.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the module mounting sockets must be shown or the feature canceled from claim 21. The drawings only show the connecting elements protruding from the module back.
No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: mounting sockets 36.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 20 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 20 recites that each of the struts comprising “a plurality of frame mounting sockets”, which is confusing. Are the claimed a plurality of frame mounting sockets the same as the previously recited “frame mounting sockets” (claim 18)? It is assumed they are the same.
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.
Claims 1-2, 12-18, 20-21, 23, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ritzer (6,751,916).
1. Ritzer teaches a cladding system comprising:
a framing structure (“frame or grid 10” defined broadly as vertical struts v and horizontal struts h) configured to be fixedly mounted (via screw passing through holes 12) to a wall of a building, said framing structure having one or more designated locations (the squares formed by the vertical and horizontal struts) for mounting a cladding module 50 thereon;
a utility infrastructure configured to be connected to the framing structure and establish a pathway for a utility resource, said pathway having a utility port for interfacing with a cladding module being disposed at one of said designated locations when said utility infrastructure is connected to said framing structure (Ritzer, fig. 8, teaches heating tube 114 configured to be connected to the framing structure, fig. 8, and establish a pathway (the path the heating medium takes through the element) for a utility (heat) resource, said pathway interfacing with a cladding module (floor cladding) being disposed at one of said designated locations when said utility infrastructure is connected to said framing structure, col. 2, lines 23-29, and Ritzer also teaches an electricity infrastructure (“electrical wires”) capable of being connected to the framing structure and establish a pathway for electricity, Ritzer teaching at least the electrical pathway has a utility port (the end of the wire is a utility port as broadly recited, as it connects to an electric supply) for interfacing with a cladding module, the functional element (at least the electric socket) configured for connecting to the utility port for establishing said pathway and for interfacing with said utility resource therethrough.
at least one first cladding module 50 having a functional element (electric outlet, fig. 12), said at least one first cladding module being configured to be mounted to the framing structure at any one of said designated locations, said functional element capable of connecting to the utility port for establishing said pathway and for interfacing with said utility resource therethrough.
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Annotated fig. 7
2. Ritzer teaches the cladding system according to claim 1, Ritzer further teaching the utility infrastructure is configured to be positioned at least partially in a gap 112 between the framing structure and the wall of the building when the framing structure is mounted to the wall.
12. Ritzer teaches the cladding system according to claim 1, Ritzer further teaching the utility infrastructure 114 is at least partially integrated to the framing structure at 112.
13. Ritzer teaches the cladding system according to claim 1, Ritzer further teaching the framing structure comprises a plurality of struts (v and h) configured to be assembled (and actually assembled) in the form of equally spaced rows and equally spaced columns, and to be fixedly mounted (via 12) to the wall of the building.
14. Ritzer teaches the cladding system according to claim 13, Ritzer further teaching spaces between the rows and the columns define the designated locations, fig. 7.
15. Ritzer teaches the cladding system according to claim 14, Ritzer further teaching each of the designated locations (the space within the square) is defined by a space between a first number of adjacent rows and a second number of adjacent columns, fig. 7.
16. Ritzer teaches the cladding system according to claim 13, Ritzer further teaching the utility infrastructure is configured to pass through at least some of the plurality of struts when the framing structure is mounted to the wall, fig. 8.
17. Ritzer teaches the cladding system according to claim 1, Ritzer, fig. 3, further comprising a mounting system (pins 100, col. 2, lines 12-18) configured for mounting the at least one first cladding module to the framing structure.
18. Ritzer teaches the cladding system according to claim 17, Ritzer, fig. 3, further comprising frame mounting sockets (the cross-sectional viewed holes shown in fig. 5 containing pins 100) formed on the framing structure, fig. 5, and connecting elements 100 extending from the at least one cladding module, fig. 4, and detachably connected to the frame mounting sockets because they can be removed, fig. 5.
20. Ritzer teaches the cladding system according to claim 18, Ritzer further teaching the framing structure comprises a plurality of struts v, each of the struts comprising, as best understood, the frame mounting sockets, fig. 5, each configured for selectively detachably connecting the connecting elements thereto (pins 100 are capable of being removed from the sockets).
21. Ritzer teaches the cladding system according to claim 18, Ritzer, fig. 4, further comprising module mounting sockets (“holes in tiles”) formed on the at least one first cladding module, wherein the connecting elements are configured to be detachably connected to the module mounting sockets (the pins 100 can be removed).
23. Ritzer teaches the cladding system according to claim 1, Ritzer further comprising at least one second cladding module, different from the first cladding module, configured to be mounted to the framing structure (fig. 6 shows 5 modules).
26. Ritzer teaches a cladding system comprising:
a framing structure (“frame or grid 10” defined broadly as vertical struts v and horizontal struts h) comprising struts v and h configured to be assembled in the form of equally spaced rows and equally spaced columns, and to be fixedly mounted (by screw, through holes 12) to a wall of a building;
at least one first cladding module configured to be mounted to the framing structure;
at least one second cladding module, different from the first cladding module, configured to be mounted to the framing structure (any of the fig. 6 modules); and
a mounting system 100 configured for mounting each one of the first and the second cladding module to the framing structure, wherein the mounting system is configured for enabling the first and the second cladding modules to be interchangeably mounted to the framing structure by the mounting system (col. 1, lines 12-66).
Claim Rejections - 35 USC § 103
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 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.
Claims 3 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ritzer in view of Mackenzie (9,351,448).
3. Ritzer does not teach the first cladding module is a planter module and the functional element is a plant. Mackenzie teaches a cladding module is a planter module 14 and the functional element is a plant. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the first cladding module to be a planter module and the functional element a plant for an attractive wall appearance.
7. Ritzer does not teach the framing structure comprises a utility socket and the utility port is connected to the utility socket. Mackenzie comprises a framing structure 30 comprising a utility socket (the treaded bore into which either plug 46 or line 49 is inserted, fig. 4) and a utility port 40 is connected to the utility socket. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Ritzer framing structure to comprise a utility socket and the utility port is connected to the utility socket for an attractive system feature.
8. Ritzer teaches the claim 1 cladding system, Ritzer further comprising one or more designated locations (any location within the square shapes bounded by the frame members), but does not teach the pathway comprises utility ports, each corresponding to one or more of the designated locations. Mackenzie comprises utility ports 40, each corresponding to one or more designated locations (the location(s) of the modules 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the pathway to comprise utility ports, each corresponding to one or more designated locations for an attractive plant system feature.
9. Ritzer in view of Mackenzie teaches the cladding system according to claim 8, Mackenzie further teaching each of the utility ports is configured to be accessed through a corresponding designated location of the one or more designated locations because “port” 40 is accessed through a corresponding designated locations as defined of the designated locations, fig. 2.
10. Ritzer in view of Mackenzie teaches the cladding system according to claim 8, Mackenzie further teaching the framing structure comprises utility sockets (the treaded bore into which either plug 46 or line 49 is inserted, fig. 4) and at least one of the plurality of utility ports 40 is connected to at least one of the plurality of utility sockets, fig. 4.
11. Ritzer in view of Mackenzie teaches the cladding system according to claim 8, Mackenzie further teaching at least one of the plurality of utility ports is configured to be open while at least another of the plurality of utility ports is closed because nozzle 46 and tube 49 are removable, in which case, the port would be open.
Claim is 5 rejected under 35 U.S.C. 103 as being unpatentable over Ritzer in view of Martino (2016/0083964).
5. Ritzer does not teach a module is a lighting panel and the functional element is an illuminating element. Martino teaches a module is a lighting panel 132 and the functional element is an illuminating element (lamp). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the module to be a lighting panel and the functional element is an illuminating element to illuminate the vicinity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/ Examiner, Art Unit 3633