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 . 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 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.
Election/Restrictions
Applicant’s election without traverse of the post system of Figures 1-13M (Species I) in the reply filed on March 23, 2026 is acknowledged.
Information Disclosure Statement (IDS)
The Examiner notes U.S. Patent reference #11, US 8783662, set forth in the IDS filed June 19, 2024, has been crossed-through for being a duplicate of U.S. Patent reference #10. All other references in the IDS have been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "500" and "700" have both been used to designate an infill retention member in Figure 4. The Examiner notes it appears reference character 700 should be pointing towards the adjacent structure, the insert, in Figure 4.
The drawings are objected to under 37 CFR 1.84(q) and 37 CFR 1.84(r) for including a lead line that is not attached to the structure to which it refers or does not include an arrow pointing to the structure to which it refers. See at least “212” and “226” in Figure 7B; “325”, “335”, “340” in Figure 8B; “569” in Figure 11B; “721” in Figure 12B; “3211” and “3216” in Figure 33B; “3211” and “3224” in Figure 33E; “3615”, “3616”, and “3624” in Figure 40B; “3623” and “3624” in Figure 40C.
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 Objections
Claims 24, 28, 35, 59, and 62 are objected to under 37 CFR 1.75(i) for failing to separate claim elements by line indentation. Appropriate correction is required.
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)(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.
Claims 1-3, 8, 13, 20, 23, and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,809,955 (Veilleux).
Regarding claim 1, Veilleux discloses a post system (1; see Figures 1-8) comprising:
a structural post (12) extending along a longitudinal axis from a bottom end to a top end (see Figure 1), the bottom end of the structural post configured to be mounted to a support structure (13) so that the structural post extends upright from the support structure (see Figure 1);
a plurality of corner covers (23) configured to be coupled (corner covers 23 being integrally formed with post 12, as shown in Figure 4) to the structural post to form a configurable post assembly in which the plurality of corner covers form longitudinal corner sections of the configurable post assembly and a longitudinal gap (3) exists between adjacent ones of the plurality of the corner covers (see Figure 4); and
a plurality of cover plates (33) configured to be coupled to the configurable post assembly to fill in selected ones of the longitudinal gaps so that remaining ones of the longitudinal gaps can be used for coupling railing infills (31) to the configurable post assembly to form any one of a corner post, an end post, or a straight post in a railing system (see Figures 1 and 2; and column 4, lines 28-55).
Regarding claim 2, Veilleux discloses the plurality of cover plates (33) are configured to be coupled directly to the plurality of corner covers (23) of the configurable post assembly (see Figure 3; and column 4, lines 28-55).
Regarding claim 3, Veilleux discloses each of the plurality of corner covers (23) comprising a pair of first engagement features (7, 9); and
each of the plurality of cover plates (33) comprising a pair of second engagement features (37) configured to mate with the first engagement features to retain and position the plurality of cover plates within the selected ones of the longitudinal gaps (see Figures 3, 4, and 7); and
wherein each of the plurality of corner covers comprises first and second inner sidewalls (7) that define the longitudinal gaps (3) when the plurality of corner covers are coupled to the structural post (12), each of the first and second inner sidewalls comprising one of the pair of first engagement features (see Figure 4).
Regarding claim 8, Veilleux discloses the plurality of cover plates (33) and the plurality of corner covers (23) are configured to be slidably coupled to the configurable post assembly (the cover plates and corner covers being slidably coupled onto support base 13 via pedestal 17; see Figure 1 and column 3, lines 37-66).
Regarding claim 13, Veilleux discloses the structural post (12) comprises a central hub section extending along the longitudinal axis (see Figures 1 and 4) and connection arms (see annotated Figure 1 below) extending radially outward from the central hub section (see Figure 4), the connection arms arranged in an angularly equi-spaced manner about the longitudinal axis; and wherein the plurality of corner covers (23) are configured to be coupled to the connection arms (corner covers 23 being integrally formed with post 12, as shown in Figure 4).
Regarding claim 20, Veilleux discloses at least one infill retention member (61) configured to be at least partially positioned within a selected one of the remaining longitudinal gaps (3) and coupled to the configurable post assembly (see column 5, line 17, through column 6, line 9).
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Figure 1. Annotated Partial Figure 4 of Veilleux
Regarding claim 23, Veilleux discloses the at least one infill retention member (61) comprises:
a first portion (67) configured to be coupled to the structural post (12); and
a second portion (65) configured to be coupled to a railing infill (31; see Figure 1).
Regarding claim 32, Veilleux discloses the first portion of the infill retention member (61) comprising a T-bar (63) extending from the second portion of the infill retention member (see Figure 8); and
the structural post (12) comprising a T-bar receiving slot (formed within 3) configured to slidably receive the T- bar of the first portion of the infill retention member (see Figures 1 and 3).
Claim 39 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 20 2014 102 955 (Gross; the citations of which are taken from the attached translation).
Gross discloses a post system (1; see Figures 1 and 2) comprising:
a structural post (8) extending along a longitudinal axis from a bottom end to a top end, the bottom end of the structural post configured to be mounted to a support structure so that the structural post extends upright from the support structure (see paragraphs [0009]-[0011]);
at least one infill retention member (3) comprising:
a first portion (at 7 and portion adjacent 7 extending into 8 in Figures 1 and 2) configured to be coupled to the structural post (see paragraph [0046]); and
a channel bar (2, 3) having a longitudinal channel cavity (formed between 14 and 15 in Figure 1) configured to receive an edge portion of a glass panel railing infill (30; see Figure 2);
an insert (11, 12) configured to be inserted into the longitudinal channel cavity of the channel bar between a first portion of the channel bar and the glass panel railing infill to exert a compression force on the edge portion of the glass panel railing infill in combination with a second portion of the channel bar (see Figure 2 and paragraph [0042]).
Claim 39 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,546,675 (Adderton).
Adderton discloses a post system (see Figures 1 and 2A) comprising:
a structural post (10) extending along a longitudinal axis from a bottom end to a top end (see Figure 1), the bottom end of the structural post configured to be mounted to a support structure so that the structural post extends upright from the support structure (see column 3, lines 55-60);
at least one infill retention member (13) comprising:
a first portion (see annotated Figure 2 below) configured to be coupled to the structural post (at 12); and
a channel bar (see annotated Figure 2 below) having a longitudinal channel cavity (14) configured to receive an edge portion of a glass panel railing infill (11; see Figure 1);
an insert (15) configured to be inserted into the longitudinal channel cavity of the channel bar between a first portion of the channel bar and the glass panel railing infill to exert a compression force on the edge portion of the glass panel railing infill in combination with a second portion of the channel bar (see column 3, lines 47-49).
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Figure 2. Annotated Partial Figure 2A of Adderton
Claim 56 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,530,550 (Fattori).
Fattori discloses a post system (10; see Figures 2-6) comprising:
a structural post (40) extending along a longitudinal axis from a bottom end to a top end (see Figure 3), the bottom end of the structural post configured to be mounted to a support structure (12) so that the structural post extends upright from the support structure (see Figure 2); and
a plurality of corner covers (42) configured to be slidably coupled to the structural post to form a post assembly in which the plurality of corner covers form longitudinal corner sections of the post assembly (see Figures 3 and 4, and column 7, lines 43-59).
Allowable Subject Matter
Claims 14-17, 24, 27, 28, 35, 59, and 62 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.
Regarding claim 14, Veilleux discloses the post system according to claim 13 further comprising:
each of the connection arms (see annotated Figure 1 above) comprising a pair of first retaining grooves (formed adjacent 7 in Figure 4);
each of the plurality of corner covers (23) comprising a pair of inwardly extending retaining ribs that form a receiving slot (9) therebetween.
Veilleux fails to disclose each of the plurality of corner covers (23) are configured to be coupled to one of the connection arms by mating of the pair of retaining ribs within the pair of first retaining grooves, a spine of the connection arm extending through the receiving slot.
The prior art fails to fairly show or suggest a modification to Veilleux such that each of the plurality of corner covers are configured to be coupled to one of the connection arms by mating of the pair of retaining ribs within the pair of first retaining grooves, a spine of the connection arm extending through the receiving slot. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Veilleux, as the connection arms and corner covers are designed to be formed integrally with one another. Therefore, such a modification would teach away from the intended structure of Veilleux and add additional unnecessary parts.
Regarding claims 15-17, Veilleux discloses the post system according to claim 13, but fails to disclose the connection arms (see annotated Figure 1 above) comprise distal portions that nest within internal cavities of the plurality of corner covers (23) when the plurality of corner covers are coupled to the connection arms.
The prior art fails to fairly show or suggest a modification to Veilleux such that the connection arms comprise distal portions that nest within internal cavities of the plurality of corner covers when the plurality of corner covers are coupled to the connection arms. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Veilleux, as the connection arms and corner covers are designed to be formed integrally with one another. Therefore, such a modification would teach away from the intended structure of Veilleux and add additional unnecessary parts.
Regarding claims 24, 27, and 28, Veilleux discloses the post system according to claim 23, but fails to disclose the second portion (65) of the at least one infill retention member (61) comprises channel bar having a longitudinal channel cavity configured to receive an edge portion of a glass panel railing infill (31), wherein the channel bar comprises first and second sidewalls (at 65) configured to engage the corner covers (23) that define the selected one of the longitudinal gaps in which the at least one infill retention member is positioned, wherein each of the first and second sidewalls of the channel bar comprises a protuberance (67) that extends into a longitudinal groove of an inner sidewall of an adjacent one of the corner covers.
Veilleux instead discloses the at least one infill retention member (61) being located within top (27) and bottom (29) rails in order to couple the railing infill (31) to the structural post (1).
The prior art fails to fairly show or suggest a modification to Veilleux such that the second portion of the at least one infill retention member comprises a channel bar having a longitudinal channel cavity configured to receive an edge portion of a glass panel railing infill, wherein the channel bar comprises first and second sidewalls configured to engage the corner covers that define the selected one of the longitudinal gaps in which the at least one infill retention member is positioned, wherein each of the first and second sidewalls of the channel bar comprises a protuberance that extends into a longitudinal groove of an inner sidewall of an adjacent one of the corner covers. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Veilleux as the grooves (3) formed between the corner covers (23) and cover plates (33) are designed to position the railing infill (31). Such a modification to Veilleux would require extensive changes to the post system of Veilleux, thus teaching away from the intended structure of Veilleux.
Regarding claim 35, Veilleux discloses the post system according to claim 1, wherein the coupling between the plurality of corner covers (23) and the structural post (12) prohibits radial separation of the plurality of corner covers from the structural post (corner covers 23 being integrally formed with post 12, as shown in Figure 4), wherein the coupling between the plurality of cover plates (33) and the configurable post assembly allows relative axial movement between the configurable post assembly (see column 4, lines 28-41) and the plurality of cover plates while prohibiting radial separation of the plurality of cover plates from the configurable post assembly (via the connection of portions 37 and slots 9; see Figures 3, 4, and 7), but fails to disclose the coupling between the plurality of corner covers and the structural post allows relative axial movement between the structural post and the plurality of corner covers.
The prior art fails to fairly show or suggest a modification to Veilleux such that the coupling between the plurality of corner covers and the structural post allows relative axial movement between the structural post (12) and the plurality of corner covers (23). Further, one of ordinary skill in the art would not have been motivated to make such a modification to Veilleux, as the connection arms and corner covers are designed to be formed integrally with one another. Therefore, such a modification would teach away from the intended structure of Veilleux and add additional unnecessary parts.
Regarding claims 59 and 62, Fattori discloses the post system according to claim 56 wherein the structural post (40) comprises a central hub section extending along the longitudinal axis and four connection arms (46) extending radially outward from the central hub section (see Figure 5), the connection arms arranged in an angularly spaced manner about the longitudinal axis (see Figure 5); and wherein each of the plurality of corner covers (42) is configured to be slidably coupled to one of the connection arms (see Figures 3 and 4, and column 7, lines 43-59), wherein the connection arms are configured to interface with the plurality of corner covers to prevent pivoting of the corner covers relative to the connections arms when slidably coupled to the connection arms (see Figures 3 and 4 and column 7, lines 43-59), each of the connection arms comprising a spine (48), a first arm rib (at 46 in Figure 5) protruding outwardly from a first side of the spine (see Figure 5); each of the plurality of corner covers comprising an outer wall (36), a first inner sidewall (formed between 35 and 36 in Figure 6), a second inner sidewall (formed between 35 and 36 in Figure 6), a first retaining rib (35) protruding from an inner surface of the first inner sidewall, and a second retaining rib (35) protruding from an inner surface of the second inner sidewall; and the plurality of corner covers configured to be slidably coupled to the connection arms so that: (1) the first retaining rib nests within the first retaining groove; and (2) the second retaining rib nests within the first retaining groove (see Figures 3-6 and column 7, lines 43-59).
Fattori fails to disclose the connection arms (46) being arranged in an angularly equi-spaced manner, a second arm rib protruding outwardly from a second side of the spine, a first wall protruding outwardly from the first side of the spine to form a first retaining groove between the first arm rib and the first wall, and a second wall protruding outwardly from the second side of the spine to form a second retaining groove between the second arm rib and the second wall. Fattori further fails to disclose the first and second retaining ribs (35) protruding inward from an inner surface of the first and second inner sidewalls.
The prior art fails to fairly show or suggest a modification to Fattori such that the connection arms being arranged in an angularly equi-spaced manner, a second arm rib protruding outwardly from a second side of the spine, a first wall protruding outwardly from the first side of the spine to form a first retaining groove between the first arm rib and the first wall, and a second wall protruding outwardly from the second side of the spine to form a second retaining groove between the second arm rib and the second wall, and the first and second retaining ribs protrude inward from an inner surface of the first and second inner sidewalls. Further, one of ordinary skill in the art would not have been motivated to much such modifications to Fattori, as such a modification would involve extensive changes to the structure of the of the post of Fattori which would teach away from the intended structure of Fattori.
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure in the art of post systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
April 15, 2026
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