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 .
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 1-20 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.
Claims 1 and 12 both disclose in the second section (b) that the first and second notches are plate-shaped and extend perpendicular to each other but the first section (b) discloses that both of the notches extend along the longitudinal axis and as such it is unknown how the notches can both extend along the same longitudinal axis and extend perpendicular to each other and as such the scope of the claim is unascertainable. For the purposes of examination, the claim will be interpreted as each of the notches having a plate shape defining a plane, wherein the planes of the notches are arranged perpendicular to each other.
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) 1-3 and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey (1216840) and KR200478274Y1. Ramsey discloses a construction system and method for building a construction system by proving at least two building elements (Figs. 1-2) each with one or more cylindrical holes (F) having a width and providing one or more cylindrical connection pins (G) each having a first end with a first plate shaped notch, a second end with a second plate shaped notch, a longitudinal axis defined along a length of the pin and a width (Fig. 2). The width of each of the connection pins is larger than the width of each of the cylindrical holes (page 1 lines 99-102). The first notch extends along the longitudinal from the first end to a first position between the first end and second end to define a depth of the notch that is greater than two thirds of the length of the pin and the second notch extends along the longitudinal axis from the second end to a second position between the second end and the first end to define a depth of the notch that is greater than two thirds of the length of the pin (Fig. 2). The plate shapes of the first and second notches each further define a plane and the planes of the notches are configured perpendicular to each other (Fig. 2, page 1 lines 74-81). The first end of one of the connection pins is inserted into the cylindrical hole of a first building element (B) of the building elements which has a depth that is half the length of the one connection pin, the second end of the one connection pin is inserted into the cylindrical hole of a second building element (D) of the building elements which has a depth that is half the length of the one connection pin to detachably attach the first and second building elements (Fig. 6, page 1 lines 55-73). The building elements can include a box-shaped (A) building element (Fig. 1). Ramsey discloses the basic inventive concept, with the exception of the width of the connection pin being 2-10% larger than the width of the cylindrical holes. KR200478274Y1 discloses a building construction system having building elements with holes and connection pins, wherein a width (B) of a notched end (120) of the connection pin is 8.2mm while the width (E) of the hole (110) in the construction element is 8mm making the width of the connection pin 2.5% larger than the width of the hole (Description of embodiments paragraphs 18-19). It would have been obvious to one of ordinary skill in the art to modify Ramsey to make the pin width at least 2% larger than the hole width for the predictable result of using dimensioning to provide a firm connection (Description of embodiments paragraph 20).
Claim(s) 4-6, 9, 15-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey and KR200478274Y1 as applied above and further in view of Flodin (7374468). Ramsey and KR200478274Y1 disclose the basic inventive concept with the exception of the shapes of the building elements. Flodin discloses a construction system (Fig. 1) having building elements with holes that are connected using connection pins, wherein the building elements can be spherical (Fig. 12E), cylindrical (Fig. 12A), hose shaped (Fig. 12F) or configured as a wheel (Fig. 10) with a rotatable joint (78) that can receive a pin end therethrough (Fig. 1). It would have been obvious to one of ordinary skill in the art to modify Ramsey and KR200478274Y1 to include additional building element shapes as taught by Flodin for the predictable result of enabling the creation of more diverse and interesting structures. Furthermore, changes in shape have been held to be an obvious matter of design choice. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey and KR200478274Y1 as applied for claims 1 and 12 above and further in view of Crouse (2018/0214786). Ramsey and KR200478274Y1 disclose the basic inventive concept, with the exception of including plates that can be inserted in the notches. Crouse discloses a construction system (Figs. 7-8) having building elements (702, 706) with holes that are connected using connection pins (Fig. 2) having notches at the ends thereof and further including panels (102) that can be received in the notches of the pins (Figs. 4 & 7). It would have been obvious to one of ordinary skill in the art from the teaching of Crouse to include panels that can be received in the notches of the pins of Ramsey and KR200478274Y1 for the predictable result of enabling the creation of more elaborate structures by giving the pins enhanced utility and functionality.
Claim(s) 8, 10-11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ramsey and KR200478274Y1 as applied for claims 1 and 12 above and further in view of Maslik (SK500182020U1). Ramsey and KR200478274Y1 disclose the basic inventive concept, with the exception of the connection pins formed of metal, the building elements made of wood and including extension pins that are longer than the connection pins. Maslik discloses a construction system (Figs. 7-9) having a plurality of building elements (1) with holes that can be formed of wood (claim 18) that can be connected using pins with notches in the ends thereof formed of metal (claim 19), wherein the pins can include connection pins (15) and extension pins (3) which are longer than the connection pins (Fig. 31). It would have been obvious to one of ordinary skill in the art from the teaching of Maslik to modify Ramsey and KR200478274Y1 to include different length pins for the predictable result of enhancing versatility and functionality by enabling more diverse connections to be made between building elements thereby providing enhanced utility. In regard to the materials used for the building elements and pins, the examiner notes that using known materials suitable for the intended use has been held to be an obvious modification. See In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
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/A.M.H/Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711