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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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(s) 5, 7-9 is/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.
Claim 5 recites the limitation "respective floor slab" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 7, a second depth adjustment mechanism and third depth adjustment mechanism are invoked without a first depth adjustment mechanism.
Claims 8-9 are rejected as being dependent on a rejected base claim.
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.
(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.
Claim(s) 1, 2, 10-14, 16-19, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Coyle (US Pub. 2023/0228098 A1).
Regarding claim 1, Coyle discloses a system for mounting facade panels on a building (Abstract, lines 1-3: “A cladding system 2 for a building comprises a cladding panel 4, 6, 8 and a mounting means 16 for mounting the cladding panel 4, 6, 8 to a building structure”), the system comprising:
a hanger assembly configured to mount one or more facade panels on a building, the hanger assembly comprising: a first mounting bracket configured to be fixed to a first floor slab of the building and a second mounting bracket configured to be fixed to a second floor slab, wherein the second floor slab is spaced above the first floor slab (Fig. 2-4, mounting means 16 a secured to two slabs of a building corresponding to two different levels);
a first mounting beam having a lower end coupled to the first mounting bracket and an upper end coupled to the second mounting bracket, wherein the first mounting beam extends between the first floor slab and the second floor slab transverse to the first and second floor slabs, and wherein the first mounting beam is configured to receive the one or more facade panels (Fig. 2-4, frame 10 accommodates backing member 12 and faces 60, 62, 64);
a height-adjustment mechanism configured to selectively translate the one or more facade panels up and down relative to the first and second mounting brackets; and a depth-adjustment mechanism coupled to the first mounting bracket, wherein the depth-adjustment mechanism is configured to be accessed and selectively actuated at the first mounting bracket to translate the lower end of the first mounting beam outward and inward relative to the first mounting bracket (Abstract, lines 3-7: “The mounting means 16 provides adjustability of the cladding panel 4, 6, 8 relatively to the building structure towards or away from the building and/or upwards or downwards with respect to the building and/or laterally with respect to the building”).
Regarding claim 2, Coyle discloses wherein the first mounting beam comprises:
a support (Fig. 4, frame 10);
and a sliding plate coupled to a front side of the support beam, such that the sliding plate is configured to be selectively repositioned relative to the support beam, wherein the sliding plate is configured to receive the one or more facade panels (Abstract, lines 7-10: “The cladding panel comprises a frame 10 and a backing member 12 mounted on the frame 10 wherein the backing member 12 is suitable for receiving covering elements thereto”).
Regarding claim 10, Coyle discloses a respective threadless mounting pin coupling the first mounting bracket to the lower end of the first mounting beam and the second mounting bracket to the upper end of the first mounting beam (Fig. 2-4, a pin extends through mounting means 16 and frame 10).
Regarding claim 11, Coyle discloses a plurality of the hanger assemblies spaced apart from each other across an exterior wall of the building (Pg. 4, [0059]: “Preferably, the frame comprises a plurality of structural frame elements that are connected to one another and/or integrally formed with one another to define a frame”).
Regarding claim 12, Coyle discloses a method of mounting facade paneling on a building (Abstract, lines 1-3: “A cladding system 2 for a building comprises a cladding panel 4, 6, 8 and a mounting means 16 for mounting the cladding panel 4, 6, 8 to a building structure”), the method comprising:
fixing a first mounting bracket to a first floor slab of the building and fixing a second mounting bracket to a second floor slab of the building, wherein the second floor slab is spaced above the first floor slab (Fig. 2-4, mounting means 16 a secured to two slabs of a building corresponding to two different levels);
coupling a lower end of a first mounting beam to the first mounting bracket and an upper end of the first mounting beam to the second mounting bracket, such that the first mounting beam extends between the first floor slab and the second floor slab transverse to the first floor slab and the second floor slab (Fig. 4, frame 10 extends between the connection of the mounting members 16 at their respective slabs);
coupling one or more facade panels to the first mounting beam (Fig. 2-4, frame 10 accommodates backing member 12 and faces 60, 62, 64);
and actuating, at the first mounting bracket, a first depth-adjustment mechanism coupled to the first mounting bracket and to the lower end of the first mounting beam, wherein the first depth-adjustment mechanism is configured to selectively translate the lower end of the first mounting beam inward and outward relative to the first mounting bracket (Pg. 3, [0038]: “Ideally, the perimeter of the elongate slot or slots of the cladding-panel mounting component comprises a series of teeth adapted to engage with a corresponding series of teeth on the outer boundary of a washer. Advantageously, a washer may be inserted into the elongate slot such that the teeth of the washer and the teeth of the perimeter of the elongate slot engage one another, and this prevents movement of the washer along the length of the slot. A bolt or other suitable fixing element can then be inserted through the washer and through the aperture on the second part of the intermediate mounting component to fix the intermediate mounting component to the cladding-panel mounting component. To adjust the lateral position of the cladding panel with respect to the building structure, the washer can be removed from the elongate slot, repositioned, and reinserted as desired”).
Regarding claim 13, Coyle discloses actuating a height-adjustment mechanism of the first mounting beam (Abstract, lines 3-7: “The mounting means 16 provides adjustability of the cladding panel 4, 6, 8 relatively to the building structure towards or away from the building and/or upwards or downwards with respect to the building and/or laterally with respect to the building”), wherein the first mounting beam comprises a support beam coupled to the first mounting bracket and the second mounting bracket and a sliding plate slidingly coupled to a front side of the support beam, wherein actuating the height-adjustment mechanism is configured to translate the sliding plate up and down relative to the support beam of the first mounting beam, and wherein the one or more facade panels are coupled to the sliding plate, such that the one or more facade panels are translated up and down with the sliding plate (Abstract, lines 3-7: “The mounting means 16 provides adjustability of the cladding panel 4, 6, 8 relatively to the building structure towards or away from the building and/or upwards or downwards with respect to the building and/or laterally with respect to the building”).
Regarding claim 14, Coyle discloses wherein actuating the height- adjustment mechanism comprises rotating a height-adjustment screw operatively coupled to the sliding plate (Pg. 3, [0044], lines 6-8: “Advantageously, the backing member can readily receive mechanical fixings, such as screws or bolts, to mechanically fix a covering element thereto”).
Regarding claim 16, Coyle discloses wherein actuating the first depth-adjustment mechanism comprises rotating a depth-adjustment screw operatively coupled to the lower end of the first mounting beam (Pg. 9, [0163], lines 9-17: “A bolt or other suitable fixing element can then be inserted through the washer and through the aperture 46 on the second part 40 of the intermediate mounting component 24 to fix the intermediate mounting component 24 to the cladding-panel mounting component 22. To adjust the lateral position of the cladding panel 4, 6 with respect to the building structure, the washer can be removed from the elongate slot 54a, 54b, repositioned, and reinserted as desired”).
Regarding claim 17, Coyle discloses actuating, at the second mounting bracket, a second depth-adjustment mechanism coupled to the second mounting bracket and the upper end of the first mounting beam, wherein the second depth-adjustment mechanism is configured to selectively translate the upper end of the first mounting beam inward and outward relative to the second mounting bracket (See id. Both brackets have the adjustment means).
Regarding claim 18, Coyle discloses wherein coupling the lower end of the first mounting beam to the first mounting bracket comprises inserting a threadless mounting pin through a first slot formed in the first mounting bracket and through a second slot formed in the first mounting beam (Fig. 2-4, a pin extends through mounting means 16 and frame 10).
Regarding claim 19, Coyle discloses wherein fixing the first mounting bracket to the first floor slab includes fixing the first mounting bracket to one or more mounting bolts embedded in the first floor slab (See Fig. 6).
Regarding claim 21, Coyle discloses wherein the depth-adjustment mechanism comprises: a depth-adjustment bolt directly coupled to the first mounting bracket; and a depth-adjustment body operatively coupled to the depth-adjustment bolt and to the lower end of the first mounting beam, wherein the depth-adjustment bolt is configured to be selectively actuated to translate the depth-adjustment body outward and inward relative to the first mounting bracket (Pg. 3, [0038]: “Ideally, the perimeter of the elongate slot or slots of the cladding-panel mounting component comprises a series of teeth adapted to engage with a corresponding series of teeth on the outer boundary of a washer. Advantageously, a washer may be inserted into the elongate slot such that the teeth of the washer and the teeth of the perimeter of the elongate slot engage one another, and this prevents movement of the washer along the length of the slot. A bolt or other suitable fixing element can then be inserted through the washer and through the aperture on the second part of the intermediate mounting component to fix the intermediate mounting component to the cladding-panel mounting component. To adjust the lateral position of the cladding panel with respect to the building structure, the washer can be removed from the elongate slot, repositioned, and reinserted as desired”).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coyle (US Pub. 2023/0228098 A1) in view of Bilge (US Pub. 2022/0290442 A1).
Regarding claim 5, as best understood by the Examiner, Coyle discloses the claimed invention except for as taught by Bilge, similarly drawn to a system and method for installing wall panels, wherein the first mounting bracket and the second mounting bracket each comprise a base plate fixed to the respective floor slab and a pair of parallel plates projecting from the base plate to define a receiving channel, wherein the receiving channel is configured to receive the respective end of the first mounting beam (Fig. 2, tee bracket 60 has a plate attached to floor slab 4 with perpendicular plates that receive the vertical support beam).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Coyle to include the base plate and receiving channel of Bilge as a more secure attachment means.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coyle (US Pub. 2023/0228098 A1).
Regarding claim 6, Coyle discloses the claimed invention except for a third mounting bracket configured to be fixed to a third-floor slab spaced above the second-floor slab; and a second mounting beam having a second-beam lower end coupled to the second mounting bracket and a second-beam upper end coupled to the third mounting bracket. It would have been obvious to one having ordinary skill in the art at the time the invention was made to extend the mounting beam to a third floor slab with additional associated attachment means to accommodate taller buildings, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Allowable Subject Matter
Claim(s) 3-4, 20 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim(s) 7-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at 5712721467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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