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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 1/23/2026 is acknowledged. Claims 1-23 are pending and examined below.
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.
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.
Claim(s) 1-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moras (U.S. Patent No. 6,279,284) in view of Aaron (U.S. Patent No. 7,003,898) .
Regarding claim 1, Moras discloses a method of connecting a substrate to a panel (Fig. 1), the method comprising providing a substrate (10) comprising a substrate front (approximate 2), a substrate rear (approximate 13), and a substrate thickness extending from the substrate front to the substrate rear; b) providing a furring strip (30) comprising a strip first end, a strip second end, a width extending from the strip first end to the strip second end, a strip front, a strip rear, a strip thickness extending from the strip front to the strip rear and perpendicular to the strip width, a strip proximal end, a strip distal end, and a strip length extending from the strip proximal end to the strip distal end and generally perpendicular to the strip thickness and the strip width, wherein the strip length is greater than the strip width and strip thickness; c) providing a panel (32) comprising a panel front (opposite 30), a panel rear (approximate 30), and a panel thickness extending from the panel front to the panel rear; and d) connecting the panel, the furring strip, and the substrate so that the strip front faces the panel rear, and the strip rear faces the substrate front. Moras discloses the furring strip as set forth above, but does not disclose the furring strip being fluted, wherein the front and/or rear comprise a plurality of grooves separated by a plurality of ridges. However, Aaron teaches that it is known to have fluted strip (5) that is used to provide separation between two construction members to allow optimum air circulation (Col. 1. Lines 41-57). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have utilized a furring strip that was fluted, wherein the front and/or rear comprise a plurality of grooves separated by a plurality of ridges as taught by Aaron to have a strip that was capable of providing separation between two building components and provided air circulation.
Regarding claim 2, Moras in view of Aaron further discloses step d) comprises attaching the panel (32) to the fluted furring strip (30) and the fluted furring strip to the substrate (10) using one or more fasteners (33).
Regarding claim 3, Moras discloses the fastener (33) is oriented parallel to the strip thickness (Figs. 1-2).
Regarding claim 4, Moras discloses the method further comprises providing a backing (20) comprising a backing front (approximate 32), a backing rear (opposite 32), and a backing thickness extending from the backing front to the backing rear, wherein step d) comprises connecting the panel, the fluted furring strip, the backing and the substrate so that the strip front faces the panel rear and the strip rear faces the substrate front and the backing front and so that the backing front faces the strip rear and the backing rear faces the substrate front (Fig. 1).
Regarding claim 5, Moras discloses the backing comprises plywood or oriented strand board (Col. 2, lines 60-64).
Regarding claim 6, Moras in view of Aaron discloses the substrate and fluted furring strip are comprised of wood (Col. 2, lines 50-59).
Regarding claim 7, Moras discloses the panel (32) comprises a cladding panel (Fig. 1).
Regarding claim 8, Moras discloses the substrate (10) comprises a post (11). It would have been obvious to one having ordinary skill in the art to have attached the “post” indirectly to the ground via fasteners.
Regarding claim 9, Moras discloses the substrate comprises a stud (10), the panel (32) and the stud are oriented perpendicular to the fluted furring strip (30), and further wherein the stud is oriented perpendicular to the ground and the fluted furring strip is oriented parallel to the ground (Figs. 1-2).
Regarding claim 10, Aaron further discloses wherein at least some of the ridges (12) and grooves (13) extend across the entire width of the fluted furring strip (Figs. 1-2).
Regarding claim 11, Aaron discloses wherein the strip front and strip rear comprise said plurality of grooves (13) and said plurality of ridges (12, Figs. 1-3).
Regarding claim 12, Aaron discloses the strip front and strip rear comprise the same pattern of ridges and grooves (Figs. 1-3).
Regarding claim 13, Aaron further discloses each adjacent groove (13) is separated by a ridge (12).
Regarding claim 14, Aaron discloses each ridge (12), but does not disclose the ridge comprising a rounded apex. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a rounded shaped ridge, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23. There would be no new or unpredictable results achieved from having a rounded ridge.
Regarding claim 15, Aaron further discloses wherein each groove (13) is concave in shape (Abstract, Fig. 3).
Regarding claim 16, Aaron further discloses the grooves (13) are spaced approximately evenly apart along the strip length and the ridges (12) are spaced approximately evenly apart along the strip length, wherein each groove is substantially the same size, and further wherein each ridge is substantially the same size (Figs. 1-3).
Regarding claim 17, Aaron discloses the strip front and strip rear comprise said plurality of grooves (13) and said plurality of ridges (12), wherein each groove on the strip front and strip rear is oriented diagonal to the strip length, wherein the grooves on the strip front are oriented parallel to each other, and further wherein the grooves on the strip rear are oriented parallel to each other (Figs. 1-3).
Regarding claim 18, Aaron discloses the grooves (13) on the strip rear are in a reverse orientation as compared to the grooves on the strip front (Figs. 1-3).
Regarding claim 19, Aaron discloses wherein the grooves (13) on the strip rear are oriented parallel to the grooves on the strip front (Figs. 1-3).
Regarding claim 20, Aaron discloses the strip proximal end and strip distal end comprise two flat regions separated by a groove, but does not disclose the groove extending parallel to the strip thickness. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed to have grooves in any orientation including parallel to the thickness of the strip as a matter of design choice.
Regarding claim 21, Aaron discloses the grooves (13) being concave (Abstract) and would also extend parallel to the thickness of the strip.
Regarding claim 22, Aaron discloses wherein said groove (13) that is capable of extending parallel to the strip width extends the entire strip width (Figs. 1-3).
Regarding claim 23, Aaron further discloses further comprising flowing air through the grooves (Col. 1, lines 42-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
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