DETAILED ACTION
This is a first Office action on the merits responsive to applicant’s original disclosure filed on 2/27/2024. Claims 1-33 are pending and are under consideration.
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 .
Information Disclosure Statement
The two Information Disclosure statements filed on 2/27/2024 are being considered. Note that certain references have been crossed out and have not been considered because the references are not relevant to the instant invention.
Drawings
The drawings filed on 2/27/2024 are acceptable for examination.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: adjusting device in claim 3, adjusting device fastenings in claim 6, checking device in claim 8, at least one holding device in claim 19, working recess in claim 21, folding mechanism in claim 24, first folding device and second folding device in claim 25, side support element in claim 26, side support elements and first and second side support elements in claim 27, first fixing element and second fixing element in claim 28, side support element in claim 29, first and second frame side elements in claim 30, sealing elements in claim 32, and connection means in claim 33.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections and Claim Rejections Under 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 1-33 are objected to or 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.
Claims 1 and 32, in addition to several dependent claims are reproduced below with the examiner’s comments regarding claim objections and 112 rejections in bold italics. Appropriate correction is required.
Claim 1. Frame-positioning device (“Frame-positioning device” is objected to because the limitation lacks an introductory clause, such as “A”; this objection can be overcome by reciting, “A frame-positioning device” or equivalent; the same applies to claims 2-28, which will not be repeated for brevity) for positioning a frame in a wall or a wall section, wherein at least one positioning element is provided which has a first connection region and a second connection region, wherein the positioning element can be connected, in particular releasably (“can be connected, in particular” is rejected under 112b because it is unclear whether the limitation(s) following the phrase are part of the claimed invention; see MPEP § 2173.05(d); this rejection can be overcome by reciting, “configured to be releasably connected” or equivalent; see additional recitations of “in particular”, which will not be addressed for brevity, in claims 3, 7, 18-23), to the frame by means of the first and second connection region, wherein at least one connection means for connecting the frame-positioning device to the frame is arranged on the first and/or second connection region (the phrase "and/or" renders the claim(s) indefinite and thus is rejected under 112b, as the claim(s) include(s) elements not actually disclosed (those encompassed by "or"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). The Office’s preferred verbiage of elements A and B is “at least one of A and B” and not “A and/or B”. See Ex Parte Gross, Appeal No. 2011-004811 at Footnote 1 (PTAB 2014); see also claims 6-13, 16-22, 28-29 and 32).
Claim 7. Frame-positioning device according to Claim 3, wherein at least one of the adjusting devices has at least one locking device by means of which a length of the adjusting device, in particular of the rod element, can be set, preferably reproducibly (“preferably” is rejected under 112b for being indefinite, as it is unclear whether the limitation(s) following the phrase are part of the claimed invention). See MPEP § 2173.05(d).
Claim 10. Frame-positioning device according to Claim 9, wherein the at least one connection means has at least one first recess in the first connection region of the first positioning plate and/or at least one second recess in the second connection region of the second positioning plate, by means of which a connection to the frame can be realized (“can be realized” is rejected under 112b, as it is unclear what the claim requires, as it is unclear what constitutes “realized”; does applicant intend to require the frame to be connectable via first and second recesses of the connection means?).
Claim 11. Frame-positioning device according to Claim 10, wherein the at least one first recess has a central axis M (“M” is objected to because “M” is a reference character that is not enclosed within parentheses. Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m); see also claims 14-15), wherein the central axis M forms an angle α to a surface normal of the first positioning plate (“the central axis M forms an angle α to a surface normal of the first positioning plate” is rejected under 112b for being indefinite as it is unclear what the limitation requires; does applicant intend for the central axis M to form an angle with a surface of the first positioning plate that is normal to another surface of the first positioning plate? Applicant is requested to clarify), whereby the at least one first recess has an oblique course in the first connection region of the first positioning plate and/or the at least one second recess has a central axis M, wherein the central axis M forms an angle α (similar to the above objection with respect to “M”, reference character “α” is objected to and should likewise be placed in parentheses) to the surface normal of the second positioning plate (“the central axis M forms an angle α to a surface normal of the second positioning plate” is rejected under 112b for being indefinite as it is unclear what the limitation requires; does applicant intend for the central axis M to form an angle with a surface of the second positioning plate that is normal to another surface of the second positioning plate? Applicant is requested to clarify), whereby the at least one second recess has an oblique course in the second connection region of the second positioning plate.
Claim 14. Frame-positioning device according to Claim 10, wherein, in the assembled state (“the assembled state” is rejected under 112b, as the limitation is indefinite because the limitation lacks antecedent basis; this rejection can be overcome by reciting, “an assembled state” or equivalent; see also claim 15), the central axis M of the at least one first recess is aligned such that this central axis M (“this central axis M” is objected to because the limitation does not properly refer to the previously recited central axis; this objection can be overcome by reciting, “the central axis (M) or equivalent; see also claim 15) at least partially aligns with a recessed region of the groove of the frame.
Claim 17. Frame-positioning device according to Claim 10, wherein, in the mounted state (“the mounted state” is rejected under 112b, as the limitation is indefinite because the limitation lacks antecedent basis; this rejection can be overcome by reciting, “a mounted state” or equivalent see also claims 18 and 26-27) there is arranged in the at least one first recess and/or in the at least one second recess a connection element which can in each case (“each case” is rejected under 112 for being indefinite as the limitation lacks antecedent basis; it is unclear what “each case” is referring to in the claim; applicant is requested to clarify) be fastened in the groove of the frame.
Claim 22. Frame-positioning device according to Claim 1, wherein a spirit level is arranged on the frame-positioning device, in particular on the first positioning plate and/or the second positioning plate, preferably in the lower region of the first and/or second positioning plate (“the lower region” is rejected under 112b for being indefinite as the limitation lacks antecedent basis; this rejection can be overcome by reciting, “a lower region” or equivalent).
Claim 23. Frame-positioning device according to Claim 3, wherein there is arranged at least one first height adjusting device at the lower edge of the first positioning plate (“the lower edge” is rejected under 112b for being indefinite as the limitation lacks antecedent basis; this rejection can be overcome by reciting, “a lower edge” or equivalent) and at least one second height adjusting device at the lower edge of the second positioning plate (“the lower edge” is rejected under 112b for being indefinite as the limitation lacks antecedent basis; this rejection can be overcome by reciting, “a lower edge” or equivalent), wherein the first and second height adjusting device (“the first and second height adjusting device” is objected to because the limitation appears to contain a typo; this objection can be overcome by reciting, “the first height adjusting device and the second height adjusting device” or equivalent) in particular each have at least one adjustable foot.
Claim 27. Frame-positioning device according to Claim 26, wherein the frame-positioning device has multiple side support elements, wherein a first side support element (“a first side support element” is rejected under 112b for being indefinite as the claim previously recites multiple side support elements and it is unclear whether the first side support element is referring to one of the previously recited multiple side support elements or a different/additional element; this rejection can be overcome by reciting, “a first side support element of the multiple side support elements” or equivalent) can be releasably fastened to the at least one holding device (“the at least one holding device” is rejected under 112b for being indefinite as the limitation lacks antecedent basis in the claims) of the first positioning plate in the mounted state, and wherein a second side support element (“a second side support element” is rejected under 112b for being indefinite; see 112b rejection above in this instant claim pertaining to “a first side support element” in which the same reasoning applies) can be releasably fastened to the at least one holding device of the second positioning plate in the mounted state.
Claim 29. Packaging unit (“Packaging unit” is objected to because the limitation lacks an introductory clause, such as “A”; this objection can be overcome by reciting, “A packaging unit” or equivalent) comprising at least one frame-positioning device according to Claim 24, wherein the at least one frame-positioning device is arranged in a collapsed state and/or at least one side support element is arranged in the packaging unit.
Claim 30. Frame (“Frame” is objected to because the limitation lacks an introductory clause, such as “A”; this objection can be overcome by reciting, “A frame” or equivalent) having a first frame side element and a second frame side element, wherein the first frame side element and the second frame side element are connected to a frame-positioning device according to Claim 1 during a positioning of the frame.
Claim 31. Frame stack (“Frame stack” is objected to because the limitation lacks an introductory clause, such as “A”; this objection can be overcome by reciting, “A frame stack” or equivalent) having at least one first frame and having at least one second frame according to Claim 30, wherein the at least one second frame is arranged on the at least one first frame in such a way that the frame stack is formed.
Claim 32. Method (“Method” is objected to because the limitation lacks an introductory clause, such as “A”; this objection can be overcome by reciting, “A method” or equivalent) for positioning and/or mounting a frame in a wall or a wall section by at least one frame-positioning device (“by at least one frame-positioning device” is rejected under 112b for being indefinite as it is unclear whether “by” means near or with or something else; applicant is requested to clarify), comprising the following steps: (the following steps” is objected to because the claim is a method claim and it is already assumed that the recited limitations that follow are steps; this objection can be overcome by deleting “the following steps” or equivalent) - providing a frame; - at least partially removing one or more sealing elements from a groove of the frame for forming a frame-side connection region for the frame-positioning device; - releasably connecting the frame-positioning device to the frame on the frame-side connection region; - positioning and/or mounting the frame in a wall or a wall section; and - removing the frame-positioning device from the frame-side connection region.
The remainder of the claims are dependent upon directly or indirectly a rejected base claim.
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.
Claim(s) 1-10, 12-16, 19-21, 23, 26-27, 30 and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 29822526 U1 (as provided by applicant) (‘DE ‘526’).
Claim 1, DE ‘526 provides a frame-positioning device 20 for positioning a frame in a wall or a wall section (note that the claim is drawn to the frame-positioning device, and does not positively recite the frame or the wall or wall section, thus the frame, and the wall or wall section are not required, but that DE ‘526 nonetheless provides the frame-positioning device 20 being suitable for positioning a frame 1 in a wall or wall section 8), wherein at least one positioning element 21 is provided which has a first connection region (general area of 28 right; Fig. 2) and a second connection region (general area of 28 left; Fig. 2), wherein the positioning element can be connected, in particular releasably, to the frame 1 by means of the first and second connection region (Fig. 2), wherein at least one connection means (selected from among one or more of elements 22 and 45; Fig. 4) for connecting the frame-positioning device to the frame is arranged on the first and/or second connection region (Figs. 1-2).
Claim 2, DE ‘526 further provides wherein the at least one positioning element is provided with a substantially rectangular shape (“rectangular profile”; specification), wherein the positioning element has a height and a width (Figs. 1-2), wherein the width of the positioning element can be set and changed (it is understood that the width of the positioning element can be set and changed based on a width of the frame; Figs. 1-2).
Claim 3, DE ‘526 further provides wherein the positioning element has a first positioning plate (28 right; Figs. 1-2) and at least one second positioning plate (28 left; Figs. 1-2) which are arranged next to one another (Figs. 1-2), in particular in a horizontal plane (Figs. 1-2), wherein the first positioning plate and the second positioning plate are connected to at least one adjusting device 32, wherein a horizontal distance between the first positioning plate and the second positioning plate can be set by means of the at least one adjusting device (32 can be adjusted to various widths to fit various door frames; Figs. 1-2), as a result of which the width of the positioning element of the frame-positioning device can be changed (specification “telescopically variable in length” Figs. 1-2).
Claim 4, DE ‘526 further provides wherein the first positioning plate has a height and a first width (height and first width of the first positioning plate; Figs. 1-2), and the at least one second positioning plate has a height and a second width (height and second width of the second positioning plate; Figs. 1-2), wherein a width of the frame-positioning device is formed by the sum of the first width and the second width (Figs. 1-2) and the distance set by means of the adjusting device (Figs. 1-2).
Claim 5, DE ‘526 further provides wherein that the adjusting device has a first rod element (34 or 33) and at least one second rod element (the other of 34 and 33), wherein the first rod element and the second rod element are movable relative to one another (specification “inner telescopic bar 33 and outer telescopic bar 34”; Figs. 1-2), whereby the adjusting device is telescopic (specification “inner telescopic bar 33 and outer telescopic bar 34”; Figs. 1-2).
Claim 6, DE ‘526 further provides wherein the adjusting device has adjusting device fastenings (selected from among one or more of elements 23, 46, 47 48; Fig. 4) for fastening the adjusting device to the first positioning plate and/or the second positioning plate (Fig. 4).
Claim 7, DE ‘526 further provides wherein at least one of the adjusting devices has at least one locking device (35, 36) by means of which a length of the adjusting device, in particular of the rod element, can be set, preferably reproducibly (Figs. 1-2).
Claim 8, DE ‘526 further provides wherein the at least one locking device has a latching head, a latching lug, a latching opening and/or a checking device with a marking and/or a scale (under the broadest reasonable interpretation, openings 35 constitute a latching opening for latching with 36; Figs. 1-2).
Claim 9, DE ‘526 further provides wherein the first positioning plate has the first connection region (28 right has the first general area of 28 right) and the second positioning plate has the second connection region (28 left has the second general area of 28 left), wherein the at least one connection means is provided for connecting the frame-positioning device to a groove of the frame (one or more of 22 and 45 are suitable for connecting 20 to a groove of the frame, for example but not limited to via 23; Fig. 4), wherein the at least one connection means is arranged on the first connection region of the first positioning plate and/or on the second connection region of the second positioning plate (on each side of the door frame at each of the respective first and second connection regions; Figs. 1-2 and 4).
Claim 10, DE ‘526 further provides wherein the at least one connection means has at least one first recess in the first connection region of the first positioning plate and/or at least one second recess in the second connection region of the second positioning plate (hole in 28 through which 45 passes; Fig. 4), by means of which a connection to the frame can be realized (via 45; Fig. 4).
Claim 12, DE ‘526 further provides wherein the first connection region has a first frame attachment surface (surface of the connection region in the general area of 28 that has a first surface that is attachable to the frame; Figs. 1-4) and/or a second frame attachment surface, wherein the first and second frame attachment surface are aligned at right angles to one another (not required by the claim due to recitation of “or”, but DE ‘526 nonetheless teaches a second frame attachment surface in the general area of 28 that has a second surface, such that the first and second frame attachment surfaces are aligned at right angles relative to one another; Fig. 4).
Claim 13, DE ‘526 further provides wherein the second connection region has a further first frame attachment surface (surface of the connection region in the general area of 28 that has a surface that is attachable to the frame; Figs. 1-4) and/or a further second frame attachment surface, wherein the further first and the further second frame attachment surface are aligned at right angles to one another (not required by the claim due to recitation of “or”, but DE ‘526 nonetheless teaches a second frame attachment surface in the general area of 28 that has a second surface, such that the first and second frame attachment surfaces are aligned at right angles relative to one another; Fig. 4).
Claim 14, DE ‘526 further provides wherein, in the assembled state, the central axis M of the at least one first recess is aligned such that this central axis M at least partially aligns with a recessed region of the groove of the frame (under the broadest reasonable interpretation of “aligned” to mean placed in a proper position or in agreement with something else, in the assembled state, the central axis M of the at least one first recess is aligned such that this central axis M at least partially aligns with a recessed region of the groove of the frame, as the central axis M and a recessed region of the groove of the frame are attached as parts of an assembly and thus arranged in a proper position or in agreement with each other in the assembly, as exceedingly broadly claimed; Figs. 1-4).
Claim 15, DE ‘526 further provides wherein, in the assembled state, the central axis M of the at least one second recess is aligned such that this central axis M at least partially aligns with a recessed region of the groove of the frame (under the broadest reasonable interpretation of “aligned” to mean placed in a proper position or in agreement with something else, in the assembled state, the central axis M of the at least one second recess is aligned such that this central axis M at least partially aligns with a recessed region of the groove of the frame, as the central axis M and a recessed region of the groove of the frame are attached as parts of an assembly and thus arranged in a proper position or in agreement with each other in the assembly, as exceedingly broadly claimed; Figs. 1-4)
Claim 16, DE ‘526 further provides wherein the one or more adjusting device fastenings 46 have at least one first adjusting device fastening recess (hole through which 46 passes; Fig. 4) and/or at least one second adjusting device fastening recess (not required by the claim due to recitation of “or”), wherein the at least one first adjusting device fastening recess is aligned with the at least one first recess (the recesses are parallel and thus aligned, under the broadest reasonable interpretation, as exceedingly broadly claimed; Fig. 4), and/or wherein the at least one second adjusting device fastening recess is aligned with the at least one second recess (not required due to recitation of “or”).
Claim 19, DE ‘526 further provides wherein the first positioning plate and/or the second positioning plate has at least one holding device, in particular a holding recess (hole through which 45 passes; Fig. 4).
Claim 20, DE ‘526 further provides wherein the first positioning plate and/or the second positioning plate has a through-recess, in particular a through-opening (hole through which 45 passes; Fig. 4).
Claim 21, DE ‘526 further provides wherein the first positioning plate and/or the second positioning plate has a working recess, in particular a working opening (hole through which 45 passes; Fig. 4).
Claim 23, DE ‘526 further provides wherein there is arranged at least one first height adjusting device at the lower edge of the first positioning plate (Figs. 1-2) and at least one second height adjusting device at the lower edge of the second positioning plate (Figs. 1-2), wherein the first and second height adjusting device in particular each have at least one adjustable foot (see 24 in Figs. 1-2 and 7).
Claim 26, DE ‘526 further provides wherein the frame-positioning device has at least one side support element 23 which, in the mounted state, can be releasably fastened to the at least one positioning element (via 46; rotatably secured thereto; specification; Fig. 4) and has at least one side support surface (surface of 23 adjacent to 4; Fig. 4) for laterally supporting a lining of the frame (Fig. 4).
Claim 27, DE ‘526 further provides wherein the frame-positioning device has multiple side support elements (Figs. 1-2), wherein a first side support element can be releasably fastened to the at least one holding device of the first positioning plate in the mounted state (on the right side of the frame-positioning device; Figs. 1-2), and wherein a second side support element can be releasably fastened to the at least one holding device of the second positioning plate in the mounted state (on the left side of the frame-positioning device; Figs. 1-2).
Claim 30, DE ‘526 provides (see rejection of claim 1 as above) a frame 1 having a first frame side element (1 right; Fig. 1) and a second frame side element (1 left; Fig. 1), wherein the first frame side element and the second frame side element are connected to a frame-positioning device according to Claim 1 during a positioning of the frame (Figs. 1 and 4).
Claim 32, DE ‘526 provides a method for positioning and/or mounting a frame 1 in a wall or a wall section 8 by at least one frame-positioning device 20, comprising the following steps: - providing a frame 1; - at least partially removing one or more sealing elements 5 from a groove of the frame (groove on right side of 1; Fig. 4) for forming a frame-side connection region for the frame-positioning device (the one or more sealing elements is shown as being removed from the groove in Fig. 4 for forming a frame-side connection region for the frame-positioning device 20); - releasably connecting the frame-positioning device to the frame on the frame-side connection region (Fig. 4);
- positioning and/or mounting the frame in a wall or a wall section 8; and - removing the frame-positioning device from the frame-side connection region (it is understood that upon completion, the frame-positioning device is removed from the frame-side connection region; specification “mounting device can be removed”).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over
DE 29822526 U1 (as provided by applicant) (‘DE ‘526’) in view of FR 1056602 A (as cited by applicant) (‘FR ‘602’).
Claim 11, DE ‘526 further teaches wherein the at least one first recess has a central axis M (axis of the at least one first recess; Fig. 4), wherein the central axis M forms an angle α to a surface normal of the first positioning plate (the axis nonetheless forms an angle relative to a surface of the first positioning plate that can be considered “normal of” the first positioning plate, as exceedingly broadly claimed; Fig. 4), whereby the at least one first recess has a course in the first connection region of the first positioning plate (course of the at least one first recess; Fig. 4) and/or the at least one second recess has a central axis M, wherein the central axis M forms an angle α to the surface normal of the second positioning plate, whereby the at least one second recess has an oblique course in the second connection region of the second positioning plate (not required by the claim due to recitation of “or”). DE ‘526 does not teach the course being an oblique course. However, FR ‘602 teaches a frame-positioning device wherein at least one first recess (hole through which 8 passes; Figs. 1-2) has a central axis (central axis of the hole through which 8 passes; Figs. 1-2), wherein the central axis forms an angle α to a surface normal of the first positioning plate (Figs. 1-2), whereby the at least one first recess has an oblique course in a first connection region of a first positioning plate (note that under the broadest reasonable interpretation, the curved shape of 7 including the recess in 7 constitutes an oblique course in a first connection region of a first positioning plate 7, as exceedingly broadly claimed; Figs. 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming the course being an oblique course, with the reasonable expectation of success of success of reducing sharp edges in the frame-positioning device by using a known shape, since it has been held that a change in shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 29822526 U1 (as provided by applicant) (‘DE ‘526’) in view of Hansen, Jr. (US 1627175) (‘Hansen’).
Claim 22, DE ‘526 further teaches the frame-positioning device comprising spirit levels (page 12, lines 1-5; “spirit levels” not shown). DE ‘526 is unclear as to the location of such spirit levels. However, Hansen teaches a frame-positioning device comprising a spirit level arranged on the frame-positioning device (28; Fig. 1), in particular on a first positioning plate 10 and/or a second positioning plate 11, preferably in the lower region of the first and/or second positioning plate (Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try locating a spirit level is arranged on the frame-positioning device, in particular on the first positioning plate and/or the second positioning plate, preferably in the lower region of the first and/or second positioning plate, with the reasonable expectation of success of utilizing a known device to obtain a level orientation.
Claim(s) 17-18 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 29822526 U1 (as provided by applicant) (‘DE ‘526’) in view of DE 19839012 A1 (‘DE ‘012’).
Claims 17-18, DE ‘526 further teaches wherein, [claim 17] in the mounted state there is arranged in the at least one first recess and/or in the at least one second recess a connection element 45 which can in each case be fastened on the groove of the frame (via 23/46; Fig. 4), [claim 18] wherein the connection element in the mounted state is arranged in the at least one first adjusting device fastening recess and/or in the at least one second adjusting device fastening recess (Fig. 4). DE ‘526 does not teach the connection means being fastenable in the groove. However, DE ‘012 teaches a method comprising positioning a device being releasably connected to a frame by at least one connection means (3 or 17; Fig. 2) which is releasably fastened in a groove (8 or 18; Fig. 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming the frame-positioning device such that at least one connection means is releasably fastened in the groove, with the reasonable expectation of success of establishing a more secure connection to the frame.
Claim 33, DE ‘526 further teaches wherein the frame-positioning device is releasably connected to the frame by at least one connection means 23 which is releasably fastened on the groove (Fig. 4). DE ‘526 does not teach the connection means being releasably fastened in the groove. However, DE ‘012 teaches a method comprising positioning a device being releasably connected to a frame by at least one connection means (3 or 17; Fig. 2) which is releasably fastened in a groove (8 or 18; Fig. 2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming the frame-positioning device such that at least one connection means is releasably fastened in the groove, with the reasonable expectation of success of establishing a more secure connection to the frame.
Claim(s) 24-25 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 29822526 U1 (as provided by applicant) (‘DE ‘526’) in view of Hokanson (US 20130186037).
Claims 24-25, DE ‘526 teaches all the limitations of claim 1 as above. DE ‘526 does not teach a folding mechanism. However, Hokanson teaches a frame-positioning device, [claim 24] wherein the at least one positioning element has a folding mechanism by means of which the frame-positioning device can be collapsed in a state removed from a frame [0055], [claim 25] wherein the folding mechanism has at least one first folding device and at least one second folding device (at each side [0055], [0058]), wherein the at least one first folding device is arranged on the first positioning plate 102 and wherein the at least one second folding device is arranged on the second positioning plate 104 so that the first and the second positioning plate can be collapsed in a state removed from the frame ([0055], [0058]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating into the at least one positioning element a folding mechanism by means of which the frame-positioning device can be collapsed in a state removed from the frame, wherein the folding mechanism has at least one first folding device and at least one second folding device, wherein the at least one first folding device is arranged on the first positioning plate and wherein the at least one second folding device is arranged on the second positioning plate so that the first and the second positioning plate can be collapsed in a state removed from the frame, with the reasonable expectation of success of making it easier to transport the frame-positioning device while not in use, since it has been previously held that making a device portable or movable is within the level of ordinary skill in the art. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) (Fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results.).
Claim 28, DE ‘526 further teaches wherein the frame-positioning device has at least one first fixing element (35 or 36) and/or at least one second fixing element (35 or 36), which is fastened to the first and/or second positioning plate, for mutual fixing of the first and/or second positioning plate in the deployed state (Figs. 1-2).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 29822526 U1 (as provided by applicant) (‘DE ‘526’) in view of Hokanson (US 20130186037) as above and further in view of Snapp (US 2973584).
Claim 29, DE ‘526, and Hokanson teach all the limitations of claim 24 as above including the at least one frame-positioning device. DE ‘526 does not teach a packaging unit. However, Snapp teaches a packaging unit (col. 3, lines 10-14) comprising at least one frame-positioning device 10, wherein the at least one frame-positioning device is arranged in a collapsed state and/or at least one side support element is arranged in the packaging unit (col. 3, lines 10-14). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try incorporating a packaging unit, such that the at least one frame-positioning device can be arranged in a collapsed state and/or at least one side support element is arranged in the packaging unit, with the reasonable expectation of success of making it easier to transport the at least one frame-positioning device, since it has been previously held that making a device portable or movable is within the level of ordinary skill in the art. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) (Fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results.).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 29822526 U1 (as provided by applicant) (‘DE ‘526’) in view of FR 2577978 (‘FR ‘978’).
Claim 31, DE ‘526 teaches all the limitations of claim 1 as above. DE ‘526 does not teach the frames forming a frame stack. However, FR ‘978 teaches a frame stack having at least one first frame and having at least one second frame, wherein the at least one second frame is arranged on the at least one first frame in such a way that the frame stack is formed (Fig. 5). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to try forming a frame stack having at least one first frame and having at least one second frame according to Claim 30, wherein the at least one second frame is arranged on the at least one first frame in such a way that the frame stack is formed, with the reasonable expectation of success of making it easier to transport the frames, since it has been previously held that making a device portable or movable is within the level of ordinary skill in the art. In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) (Fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results.).
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 JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635