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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 August 2026 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cross-connector being t-shaped per claim 25 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 24 and 25 is 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 24 recites the limitation "the t-shaped cross-connector" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 25, it is unclear how the cross connector is t-shaped and still secured to the interlocking element and to second interlocking element.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 14, 15, and 19-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2002/0090370 A1 to Cope in view of US 10,280,635 B1 to Apostolopoulos et al.
Regarding claim 14, Cope discloses a support system (Fig.6) for supporting a roof or a floor in a building (Fig.2) comprising: a plurality of interlocking elements (110, 120, Fig.6) each interlocking element comprising a first interlocking element end (one end with 195 attached in Fig.6) and a second interlocking element end (a second end with 195 attached, Fig.6); a female segment (114) having a first height and a first width (114, Fig.6), a female segment exterior surface (outer surface of 114), a female segment interior surface (surface inside of channel 114), and at least one female segment fastener slot (slots in 114, Fig.6 and 7), and a male segment (112) having a second height and a second width (112, Fig.6), a male segment exterior surface (outer surface of 112) and at least one male segment fastener slot (slots formed in 112, Fig. 6 and 7), wherein the female segment fastener slot aligns with the at least one male segment fastener slot when a portion of the male exterior surface of the male segment engages the female segment interior surface of the female segment (Fig. 6 and Fig.7, the slots are aligned to secure the segments together with one another); and at least one attachment point (140, Fig.3, 4, 5A, 5B, 6, 7) with a vertical attachment point member (154) coupled to a horizontal attachment point member (156), and an attachment point fastener (fasteners 190, Fig.6/7) couplable to at least one of the first interlocking element end (Fig.6) and the second interlocking element end (Fig.6) wherein the attachment point fastener is positioned perpendicularly to the horizontal attachment point member (horizontal member extends long the longitudinal axis of 110, Fig.6; the fastener extends perpendicular to the longitudinal axis of 110, Fig.6) and the attachment point is operable to secure the first interlocking element end or the second interlocking element end to a truss (Fig.2), wherein the first height and the first width of the female segment are greater than the second height and the second width of the male segment so that the male segment is received in a telescoping manner within the female segment (Fig.6).
Cope discloses C-shaped cross-sectional shapes but does not disclose closed rectangular or square cross-sectional shapes.
Apostolopoulos et al. disclose telescopic support members (28, 30, Fig.3) having a square cross-sectional shape (Fig.3) and aligning holes (32, 34), the height and width of the male member being less than the height and width of the female member (Fig.3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the interlocking elements of Cope with a closed-square cross section as taught by Apostolopoulos so to form a support system which has superior strength and stability since a closed section square cross-section will provide greater stability in different directions, resisting torsional loads and resisting buckling. Square cross-sections can be manufactured in many ways, thereby increasing flexibility during manufacturing.
Regarding claim 15, Cope discloses wherein a length of at least one of the plurality of interlocking elements is slidably adjustable (slidable within one another, Fig.7).
Regarding claim 19, Cope discloses wherein the attachment point comprises a horizontal member (156, Fig. 5A/5B) coupled to a vertical member (140, 154) wherein the attachment point is coupled to at least one of the first interlocking element end and the second interlocking element end (Fig.6).
Regarding claim 20, Cope discloses wherein the vertical member of the attachment point is coupled to an angle member (202) having at least one fastener (204) wherein the fastener is tightenable against the at least one truss (Paragraph [0035]).
Regarding claim 21, Cope discloses wherein the angle is a perpendicular angle (Fig.6).
Regarding claim 22, Cope discloses wherein the at least one fastener is at least one of a bolt and a nut (190; Paragraph [0046]).
Regarding claim 23, Cope discloses wherein the plurality of interlocking elements are formed from heavy gauge steel or aluminum (Paragraph [0024]) but does not disclose the specific gauge of the material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the steel or aluminum material to be of specific gauge known to be “heavy gauge” so to effectively provide support to a roof or floor structure, thereby effectively reinforcing the floor or roof while preventing sagging. Heavy gauge steel is well known in the art to be considered in the 12 gauge and under range.
Regarding claim 24, Cope discloses wherein the cross-connector can be angled steel (Paragraph [0024]; the cross-connectors are part of the system 100; Cope discloses the system being made from gauge steel).
Regarding claim 25, Cope discloses further comprising at least one cross connector (130, Fig.6 and 8) positionable on an inside or an outside of the support system, the cross connector couplable to the interlocking element and secured thereto by at least one connector fastener passing through the at least one female segment fastener slot or the at least one male segment fastener slot Fig.6), wherein the cross connector is operable to secure a first interlocking element to a second interlocking element at an angle (Fig. 6 and 8), the cross connector having a L-shape.
Cope does not disclose a t-shaped connector.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the connector with a T-shape so to allow the connector of Cope to secure the interlocking members to one another while increasing the resistance to torsion, thereby creating a stronger support system.
Regarding claim 26, Cope discloses a method of assembling an adjustable support system on a structure having a first truss or I-beam (20, Fig.2) and a second truss or I-beam (other 20, Fig.2), the method comprising the acts of: providing the adjustable support system having a plurality of interlocking elements (110) each interlocking element comprising a first interlocking element end (195 one side) and a second interlocking element end (195 opposite side of 110); a female segment (114, Fig.7) having a first cross-section with a first height and a first width (114), a female segment exterior surface (exterior surface of 114), a female segment interior surface (interior surface of 114), and at least one female segment fastener slot (slots in 114), and a male segment (112) having a second cross-section with a second height (112) less than the first height and a second width less than the first width (Fig.6), a male segment exterior surface (exterior surface of 112) and at least one male segment fastener slot (slots in 112), wherein the female segment fastener slot aligns with the at least one male segment fastener slot when a portion of the male exterior surface of the male segment engages the female segment interior surface of the female segment (Fig.6); and at an attachment point (140, Fig.3, 4, 5A, 5B, 6, 7) with a vertical attachment point member (154) coupled to a horizontal attachment point member (156), and an attachment point fastener (190, Fig.6) couplable to at least one of the first interlocking element end and the second interlocking element end wherein the attachment point fastener is positioned perpendicularly to the horizontal attachment point member (horizontal member extends long the longitudinal axis of 110, Fig.6; the fastener extends perpendicular to the longitudinal axis of 110, Fig.6) and the attachment point is operable to secure the first interlocking element end or the second interlocking element end to a truss or an I-beam (Fig.2), wherein the first height and the first width of the female segment are greater than the second height and the second width of the male segment (Fig.6) so that the male segment is received in a telescoping manner within the female segment (Fig.6); assembling a first interlocking element by sliding the male segment within the female segment and adjusting the assembled length to extend between the first truss or I-beam and the second truss or I-beam (Fig.2 and 6); assembling a second interlocking element in the same manner (Fig.2 and 6); arranging the first interlocking element a desired distance from the second interlocking element (Fig.2 and 6); coupling the first interlocking element end of each of the first and second interlocking elements to the first truss or I-beam and the second interlocking element end of each of the first and second interlocking elements to the second truss or I-beam (Fig.2); and providing at least one cross rail (120) comprising at least one of the plurality of interlocking elements (Fig.6), a first cross connector (130, Fig.6) and a second cross connector (130) that when assembled span the desired distance; and securing the first cross connector to the first interlocking element and the second cross connector to the second interlocking element (Fig.6).
Cope discloses C-shaped cross-sectional shapes but does not disclose closed rectangular or square cross-sectional shapes.
Apostolopoulos et al. disclose telescopic support members (28, 30, Fig.3) having a square cross-sectional shape (Fig.3) and aligning holes (32, 34), the height and width of the male member being less than the height and width of the female member (Fig.3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the interlocking elements of Cope with a closed-square cross section as taught by Apostolopoulos so to form a support system which has superior strength and stability since a closed section square cross-section will provide greater stability in different directions, resisting torsional loads and resisting buckling. Square cross-sections can be manufactured in many ways, thereby increasing flexibility during manufacturing.
Regarding claim 27, Cope discloses wherein the first rail and the second rail is comprised of a single male segment and a single female segment (Fig. 6 and 7).
Regarding claim 28, Cope discloses further comprising the acts of: selecting a segment length for the male segment and the female segment from a plurality of segment lengths to allow the first interlocking element and the second interlocking element to stretch between the first truss or I-beam and the second truss or I- beam with a single male segment and a single female segment (Fig.6 and 7).
Regarding claim 29, Cope does not disclose specific lengths of rails.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided and selected different rail lengths for the mail and female members so to allow adjustment of the rails but at the same time, not including too much overlap thereby wasting materials and increasing costs.
Regarding claim 30, Cope discloses wherein the combined length of one of the at least one of the plurality of interlocking elements, the first cross connector and the second cross connector is the desired distance (Fig.2 and 6).
Regarding claim 31, although Cope does not specifically disclose wherein the desired distance is between 21 and 27 inches, it is well known in the art that beams, trusses, etc. are typically spaced from 16 inches to 24 inches, and thereby it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided interlocking members and connectors which are adjustable and span the typical distances of ceiling/roof truss members while allowing overlap of the male and female segments.
Regarding claim 32, Cope discloses further comprising securing at least one fastener in at least one of the fastener slots (Fig.6).
Regarding claim 33, Cope does not disclose wherein the at least one cross rail is one cross rail for every 25 inches of the distance between the first truss or I-beam and the second truss or I- beam.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a specific number of cross rails between the truss members so to provide the required strength to the building system while optimizing the amount of cross rails and materials used.
Regarding claim 34, Cope discloses wherein the plurality of interlocking elements are formed from heavy gauge steel or aluminum (Paragraph [0024]) but does not disclose the specific gauge of the material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the steel or aluminum material to be of specific gauge known to be “heavy gauge” so to effectively provide support to a roof or floor structure, thereby effectively reinforcing the floor or roof while preventing sagging. Heavy gauge steel is well known in the art to be considered in the 12 gauge and under range.
Response to Arguments
Applicants’ arguments filed 26 August 2026 have been fully considered but they are not persuasive.
Applicant argues that Cope does not disclose closed rectangular or square box beam segments. This is in fact true and is clearly started that Cope teaches C-shaped telescopic members. The rejection is in view of Apostolopoulos which teaches forming framing members or rails from telescopic closed cross section rectangular members. Applicant goes on to provide generic arguments stating, “Apostolopoulos does not cure the deficiencies of Cope”. Applicants fail to provide arguments to the combination of Cope and Apostolopoulos and instead argue the prior art references separately and are therefore deemed unpersuasive.
Applicant further argues that the claims do not recite a generic attachment structure and state that Cope does not teach the specifics of the attachment point. This is not found to be persuasive. As pointed out in the rejection, Cope teaches each limitation directed to the attachment point of the support system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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