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 Claims 1-8 in the reply filed on 15 May 2026 is acknowledged.
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 1-8 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.
In claim 1, the Examiner finds “either” on Line 1 to be indefinite. It is unclear if the frame is intended for a fastener-exposed panel or a fastener-hidden wall panel.
Claim 1 recites the limitation "the first channel" on Line 6. There is insufficient antecedent basis for this limitation in the claim. Although “a first channel” was recited on Line 3, it was not positively recited due to the “either” on Line 1.
Claims 2-4 and 6-7 recite the limitation "the first channel". There is insufficient antecedent basis for this limitation in the claim. Although “a first channel” was recited on Line 3 of claim 1, it was not positively recited due to the “either” on Line 1 of claim 1.
Claim 2 recites the limitation "the side portion". There is insufficient antecedent basis for this limitation in the claim. Although “a side portion” was recited on Line 5 of claim 1, it was not positively recited due to the “either” on Line 1 of claim 1.
Claim 3 recites the limitation "the one or more first fasteners". There is insufficient antecedent basis for this limitation in the claim. Although “one or more first fasteners” was recited on Line 4 of claim 1, they were not positively recited due to the “either” on Line 1 of claim 1.
Claim 5 recites the limitation "the second channel". There is insufficient antecedent basis for this limitation in the claim. Although “a second channel” was recited on Line 6 of claim 1, it was not positively recited due to the “either” on Line 1 of claim 1.
Claim 5 recites the limitation "the one or more second fasteners". There is insufficient antecedent basis for this limitation in the claim. Although “one or more first fasteners” was recited on Lines 8-9 of claim 1, it was not positively recited due to the “either” on Line 1 of claim 1.
Claim 7 recites the limitation "the periphery". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the fastener-hidden wall panel". There is insufficient antecedent basis for this limitation in the claim. Although “a fastener-hidden wall panel” was recited on Line 1 of claim 1, it was not positively recited due to the “either” on Line 1 of claim 1.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 9,850,666 to Libreiro et al.
Regarding claim 1, Libreiro teaches in Figures 3, 4A and 4B, a frame (32) [perimeter extrusion (Column 4, Line 25)] for coupling a fastener-hidden [along the bottom] wall panel (30) (Column 4, Line 24) to a wall (12) (Column 4, Line 21), the frame (32) comprising: a second channel (54) [panel slot (Column 4, Line 67)] coupled to a first channel (70) [U-shaped panel engaging portion (Column 5, Line 15)], wherein the frame (32) coupled to the fastener-hidden wall panel (30), the second channel (54) is shaped to receive a rear portion (44) [back mounting flange (Column 4, Line 41)] of the fastener-hidden wall panel (30) and couple thereto via one or more fasteners (614, Fig 6A) (Column 8, Lines 10-11).
Regarding claim 2, Libreiro teaches in Figures 3, 4A and 4B, the first channel (70) has an open end configured to be adjacent the side portion (42) of the wall panel (30).
Regarding claim 3, Libreiro teaches in Figures 3, 4A and 4B, the first channel (70) includes a threaded recessed portion [for screw fastener 614, Fig 6A] shaped to threadably couple with the one or more fasteners (614, Fig 6A).
Regarding claim 4, Libreiro teaches in Figures 3, 4A and 4B, the first channel (70) comprises a fastener chase [threaded for screw (Column 8, Line 12)].
Regarding claim 5, Libreiro teaches in Figures 3, 4A and 4B, the second channel (54) has a longitudinal axis and wherein the second channel (54) has one or more apertures [for screw fastener 614, Fig 6A] extending therethrough at an angle relative to the longitudinal axis and through which the one or more fasteners (614, Fig 6A) are extendable (Column 8, Lines 10-11).
Regarding claim 6, Libreiro teaches the first channel (70) is a substantially rectangular prism in outer shape [see Figure 4A].
Regarding claim 7, Libreiro teaches in Figures 4A, the periphery of the fastener-hidden wall panel (30) is C-shaped and configured to receive the first channel (70) snugly therein.
Regarding claim 8, Libreiro teaches in Figures 2 and 3, a frame assembly comprising the frame (32) of Claim 1 and one or more of the fasteners (614, Fig 6A) via which the frame (32) is selectively connectable to a wall panel (12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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