DETAILED ACTION
Claim Objections
Claims 5, 7 and 19 are objected to because of the following informalities:
In claim 5 (line 19) “plank; and,” should recite –plank; and--.
In claim 7 (line 2) “to top end” should recite –to a top end--.
In claim 19 (line 1) “of clam 17” should recite –of claim 18--.
In claim 19 (line 1) “steps of” should recite –steps of: --.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
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 2-4 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 2 (line 1) recites “Use of the universal support rail of claim 1 as a base rail”. Claim 3 (line 1) recites “Use of the universal support rail of claim 1 as a mid rail”. Claim 4 (line 1) recites “Use of the universal support rail of claim 1 as an upper rail”.
Claims 2-4 each fail to clearly recite a method comprising process steps; and thus fail properly claim a process. It is unclear as to whether such claims merely require a universal support rail capable of such use as a base, mid or upper rail as recited.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 2-4 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because of the following:
Claim 2 (line 1) recites “Use of the universal support rail of claim 1 as a base rail”. Claim 3 (line 1) recites “Use of the universal support rail of claim 1 as a mid rail”. Claim 4 (line 1) recites “Use of the universal support rail of claim 1 as an upper rail”.
Claims 2-4 each fail to clearly recite a method comprising process steps; and thus fail properly claim a process.
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 1-4 are rejected under 35 U.S.C. 102(1)(a) as being anticipated by Beijing Building Decoration Design (CN 112343220).
As to claim 1, Beijing Building Decoration Design discloses a universal support rail capable of use with a horizontal fence assembly spanning a distance between a pair of adjacent U-shaped members attached to a pair of vertical posts or other flat vertical surfaces, said universal support rail comprising:
a main body 13 having a first end and a second end, each of said first and second ends being sized for retention within an opening of a vertical channel formed by one of the pair of U-shaped members;
said main body formed with a cross-sectional profile having a rail tongue 15 extending from a first side thereof, and a rail groove 16 formed in an opposite side thereof,
said rail groove being sized and positioned to retain a plank tongue of a fence plank therein;
said rail tongue being sized and positioned to be retained within a plank groove formed in a fence plank;
whereby said universal support rail may be positioned on top of the fence plank, or under the fence plank or between two fence planks to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members (Figure 2-5).
As to claim 2, Beijing Building Decoration Design discloses a universal support rail capable of use as a base rail upon which a plurality of fence planks is received and retained in stacked configuration in a horizontal fence assembly (Figure 2-5).
As to claim 3, Beijing Building Decoration Design discloses a universal support rail capable of use as a mid rail in a horizontal fence assembly wherein said universal support rail is positioned to receive, in the rail groove 16 of the main body 13 thereof, the plank tongue of a lower one of the plurality of fence planks, and to be received within the plank groove of a higher one of the plurality of fence planks, the rail tongue 15 of the main body thereof (Figure 2-5).
As to claim 4, Beijing Building Decoration Design discloses a universal support rail capable of use as an upper rail in a horizontal fence assembly wherein said universal support rail is positioned to receive, in the rail groove 16 of the main body 13 thereof, the plank tongue of a lower fence plank, in a stacked configuration (Figure 2-5).
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.
Claims 1-11 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (2017/0058557) in view of Walker et al. (US 2023/0212875).
As to claim 1, Wu discloses a support rail capable of use with a horizontal fence assembly spanning a distance between a pair of adjacent U-shaped members attached to a pair of vertical posts or other flat vertical surfaces, said universal support rail comprising:
a main body 22,23 having a first end and a second end, each of said first and second ends being sized for retention within an opening of a vertical channel formed by one of the pair of U-shaped members 111;
said main body formed with a cross-sectional profile having either a rail tongue extending from a first side thereof, or a rail groove formed in an opposite side thereof,
said rail groove being sized and positioned to retain a plank tongue of a fence plank therein;
said rail tongue being sized and positioned to be retained within a plank groove formed in a fence plank;
whereby said universal support rail may be positioned on top of the fence plank, or under the fence plank to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members (Figures 1-4).
Wu discloses either an upper support rail or a lower support rail; instead of a universal support rail comprising both a rail tongue extending from a first side thereof, and a rail groove formed in an opposite side thereof, whereby said universal support rail may be positioned between two fence planks to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members.
Walker et al. teach a universal support rail 158 comprising opposing rail grooves formed in opposite sides thereof, whereby said universal support rail may be positioned between two fence planks 104 to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members 128; the support rail disposed between fence planks securely coupling adjoining planks and providing for greater rigidity of the fence assembly (Figures 1-3). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the support rail disclosed by Wu to comprise a universal support rail comprising both a rail tongue and a rail groove, such to be disposed between adjacent stacked fence planks, as taught by Walker, in order to securely couple adjoining planks and to provide for greater rigidity of the fence assembly.
As to claim 2, Wu as modified by Walker et al. discloses a universal support rail capable of use as a base rail 22 upon which a plurality of fence planks 21 is received and retained in stacked configuration in a horizontal fence assembly (Figures 1-4).
As to claim 3, Wu as modified by Walker et al. discloses a universal support rail capable of use as a mid rail (158 Walker Figure 2) in a horizontal fence assembly wherein said universal support rail is positioned to receive, in the rail groove of the main body thereof, the plank tongue 211 of a lower one of the plurality of fence planks 21, and to be received within the plank groove of a higher one of the plurality of fence planks, the rail tongue of the main body thereof (Figures 1-4).
As to claim 4, Wu as modified by Walker et al. discloses a universal support rail capable of use as an upper rail 23 in a horizontal fence assembly wherein said universal support rail is positioned to receive, in the rail groove of the main body thereof, the plank tongue 211 of a lower fence plank 21, in a stacked configuration (Figures 1-4).
As to claim 5, Wu discloses a horizontal fence assembly comprising:
a pair of U-shaped members 111 attached to a pair of coaligned and spaced apart vertical posts 11 or other flat vertical surfaces, each of said U-shaped members defining a vertical channel having an opening for receiving at least one support rail 22,23 and a plurality of fence planks 21;
the plurality of fence planks spanning the distance between the pair of vertical channels;
the support rail spanning the distance between the pair of vertical channels, said universal support rail comprising a main body having a first end and a second end, each of said first and second ends being sized for retention within the openings of the vertical channels of each of the pair of U-shaped members;
said main body formed with a cross-sectional profile having a rail tongue extending from a first side thereof, or a rail groove formed in an opposite side thereof, said rail groove being sized and positioned to retain the plank tongue of a fence plank therein; and said rail tongue being sized and positioned to be retained within the plank groove of a fence plank; and
fastening means 30 to secure the universal support rail in the vertical channel of each of the U-shaped members;
whereby said universal support rail may be positioned on top of the fence plank, or under the fence plank to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members (Figures 1-4).
Wu discloses either an upper support rail or a lower support rail; instead of a universal support rail comprising both a rail tongue extending from a first side thereof, and a rail groove formed in an opposite side thereof, whereby said universal support rail may be positioned between two fence planks to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members.
Walker et al. teach a universal support rail 158 comprising opposing rail grooves formed in opposite sides thereof, whereby said universal support rail may be positioned between two fence planks 104 to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members 128; the support rail disposed between fence planks securely coupling adjoining planks and providing for greater rigidity of the fence assembly (Figures 1-3). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the support rail disclosed by Wu to comprise a universal support rail comprising both a rail tongue and a rail groove, such to be disposed between adjacent stacked fence planks, as taught by Walker, in order to securely couple adjoining planks and to provide for greater rigidity of the fence assembly.
As to claim 6, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein the at least one universal support rail comprises a bottom rail 22 attached to a bottom end of each of the U-shaped members 111 (Figures 1-4).
As to claim 7, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein the at least one universal support rail comprises a top rail 23 attached to a top end of each of the U-shaped members 111 (Figures 1-4).
As to claim 8, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein the bottom rail 22 attached to a bottom end of each of the U-shaped members 111 and a top rail 23 attached to a top end of each of the U-shaped members frame the plurality of fence planks 21 (Figures 1-4).
As to claim 9, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein the a top rail 23 is a universal support rail (Figures 1-4).
As to claim 10, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein the at least one universal support rail comprises a mid rail (158 Walker Figure 2) attached to each of the U-shaped members 111 above at least one of the fence planks 21 and below at least one of the fence planks (Figures 1-4).
As to claim 11, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein each U-shaped member 111 provides a lower attachment area positioned adjacent a bottom end thereof and an upper attachment area adjacent a top end thereof for fastening universal support members between the pair of U-shaped members (Figures 1-4).
As to claim 16, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein each U-shaped member 111 provides an mid attachment area at a selected distance from the lower attachment area for fastening one of the universal support members (Figures 1-4).
As to claim 17, Wu as modified by Walker et al. discloses a horizontal fence assembly wherein one of the pair of U-shaped members 111 is attached to a first face of a vertical post 11 and one of an additional pair of U-shaped members 111 is attached on another face of the vertical post, said one of the additional pair of U-shaped members having an opening for receiving another at least one universal support rail and another plurality of fence planks 21 (Figures 1-25).
As to claims 18 and 19, Wu discloses a method of assembling a horizontal fence comprising the steps of:
providing first and a second vertical channels, respectively defined by first and second U-shaped members 111 respectively attached to first and second anchored posts 11, the openings of said first and second vertical channels facing one another;
fastening into the first and second vertical channels a first lower support rail 22 comprising a main body having a cross-sectional profile having a rail tongue extending from a first side thereof, or a rail groove formed in an opposite side thereof;
inserting into the first and second vertical channels a plurality of fence planks 21 each having a first longitudinal edge forming a plank tongue and an opposing longitudinal edge forming a plank groove, said plurality of fence planks oriented with their plank grooves pointing downward in stacked configuration, receiving and resting upon the rail tongue of the first universal support rail; and
fastening into the first and second vertical channels a second upper support rail 23 comprising a main body having a cross-sectional profile having a rail tongue extending from a first side thereof, or a rail groove formed in an opposite side thereof, said upper and lower support rails oriented with the rail tongue pointing upward and the rail groove pointing downward and receiving therein a plank tongue of one of the plurality of fence planks (Figures 1-4).
Wu discloses either an upper support rail or a lower support rail; instead of a universal support rail comprising both a rail tongue extending from a first side thereof, and a rail groove formed in an opposite side thereof, whereby said universal support rail may be positioned between two fence planks to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members.
Walker et al. teach a universal support rail 158 comprising opposing rail grooves formed in opposite sides thereof, whereby said universal support rail may be positioned between two fence planks 104 to retain said fence planks in a stacked configuration between the pair of adjacent U-shaped members 128; the support rail disposed between fence planks securely coupling adjoining planks and providing for greater rigidity of the fence assembly (Figures 1-3). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the support rail disclosed by Wu to comprise a universal support rail comprising both a rail tongue and a rail groove, such that the fence assembly comprises a second mid universal support rail disposed between adjacent stacked fence planks, as taught by Walker, in order to securely couple adjoining planks and to provide for greater rigidity of the fence assembly.
As to claim 19, Wu as modified by Walker et al. discloses a method comprising the steps of:
inserting into the first and second vertical channels 111 a second plurality of fence planks 21 each having a first longitudinal edge forming a plank tongue and an opposing longitudinal edge forming a plank groove, said second plurality of fence planks oriented with their plank grooves pointing downward in stacked configuration, receiving and resting upon the rail tongue of the second mid universal support rail (158 Walker Figure 2); and
fastening into the first and second vertical channels a third upper universal support rail 23 comprising a main body having a cross-sectional profile having a rail tongue extending from a first side thereof, and a rail groove formed in an opposite side thereof, said third universal support rail oriented with the rail tongue pointing upward and the rail groove pointing downward and receiving therein a plank tongue of one of the second plurality of fence planks (Figures 1-4).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Walker et al., as applied to claim 5 above, and further in view of Cogburn (US 11,408,196).
As to claim 12, Wu as modified by Walker et al. fail to disclose a horizontal fence assembly wherein the fastening means comprises at least one aperture in each U-shaped member for receiving a fastener for securing the universal support rail within the vertical channels.
Cogburn teaches a fence assembly wherein fastening means comprises at least one aperture 320 in each U-shaped member 130 for receiving a fastener 420 for securing a rail 410 within the vertical channels; the fasteners extending through the apertures in sidewalls of the U-shaped members to securely frictionally engage and clamp the rails therein (Figure 10). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence assembly disclosed by Wu as modified by Walker et al. to comprise fasteners extending through apertures in sidewalls of the U-shaped members, as taught by Cogburn, in order to securely frictionally engage and clamp the rails therein.
Allowable Subject Matter
Claims 13-15 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 13, Wu in view of Walker et al. discloses a horizontal fence assembly wherein the at least one aperture comprises a first pair of apertures each to receive a fastener, through one side of each U-shaped member along a 45 degree angle from a longitudinal edge of the first side of said U-shaped member, and a second pair of apertures, each to receive a fastener through an opposing side of each U-shaped member along a 45 degree angle from the longitudinal edge of the other side of said U-shaped member.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence assembly disclosed by Wu in view of Walker et al. to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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01/30/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619