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 .
Claim Objections
Claim 19 is objected to because of the following informalities:
at lines 7-8 the claim recites “the bearer and the joist” this should be “the bearer and the pile”;
at line 9 the claim should read “the first connector is identical in shape”;
at line 16 “thought” should be “through”.
Appropriate correction is required.
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, 6 and all claims depending therefrom, including 2-5,7-18, 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 1 recites in the preamble “a joist to a bearer and (ii) a bearer to a pile” in lines 1-2. Lines 3-4 further recite a vertically extending pile” and “a horizontally extending bearer” and line 4 recites “parallel joists” and line 5 recites “the bearer”. It is unclear if the recitations of “pile” and “bearer” in lines 3-5 are the same as or in addition to the previously recited “pile” and “bearer” in lines 1-2. Further the claim recites in lines 11 and 12 “the bearer”, and in lines 13 and 14 “the pile”. Therefore it is unclear to which previously recited “pile” and “bearer” these recitations are referring causing confusion regarding the scope of the claimed invention. For purposes of examination it will be understood that the pile and bearer of lines 1-2 are the same as the pile and bearer of lines 3-5 and thus the recitations in lines 11-14 are referring to the same. Appropriate correction and clarification is required.
Claim 6 recites “the first of said leaves has no said apertures positioned to prevent a penetrative fastener penetrating the bearer with 20mm…”, however it appears that applicant intends for the leaves to have the apertures positioned to prevent based on the disclosure. Thus it appears that the first of said leaves does have apertures positioned in a configuration that prevents penetration with 20mm, whereas the claim recites that it has no (as in does not have) apertures configured to prevent the penetration within 20mm. Accordingly, the claim is confusing as it is unclear if the first of the leaves does or does not have apertures positioned to prevent a fastener penetrating the bearer with 20mm of both longitudinal sides of the bearer. Accordingly, the claim will be examined as best understood where it does have apertures positioned to prevent penetration at the claimed 20mm.
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.
Claim(s) 1-4,6-18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by James (20010025458).
Claim 1. James discloses a connector to selectively connect one of each of (i) a joist to a bearer and (ii) a bearer to a pile, of a sub floor support structure that comprises a vertically extending pile of a quadrilateral cross section on top of which a horizontally extending bearer of quadrilateral cross section rests and on top of which parallel joists of quadrilateral cross section may rest horizontally and in a manner parallel each other and perpendicular to the bearer (where the connector of James is capable of the intended use recited in the preamble),
the connector comprising of a sheet metal plate (paragraph 0027) that is configured to define two planar leaves (20,22) that extend at substantially right angles from each other from a corner interface of the leaves, a first of said leaves defining a first pattern of apertures therethrough and a second of said leaves defining a second pattern of apertures therethrough that is different to said first pattern (as seen in figure 5 ad noted at paragraphs 0029-0032), wherein:
(i) the first of said leaves is adapted and configured to abut a horizontally extending face of the bearer and to received penetrative fasteners at and through its apertures to secure the connector to the bearer thereat (where either 20 or 22 is capable of the claimed intended use, as noted at least at paragraphs 0028-0035), and
(ii) the second of said leaves is adapted and configured to abut a vertically extending face of one of each of the pile and a said joist and to receive penetrative fasteners at and through its apertures to secure the connector to the one of said pile and joist thereat (where the other of 20 or 22 is capable of the claimed intended use, as noted at least at paragraphs 0028-0035).
Claim 2. The connector as claimed in claim 1 wherein the sheet metal plate is in cross section of an “L” shape (as seen in figure 5) and has two parallel lateral edges each running along opposed lateral sides of the first and said second leaves and has two parallel transverse edges one at each of said first and said second leaves that are parallel and opposite the corner interface (as seen in at least figure 5 and noted throughout the disclosure).
Claim 3. The connector as claimed in claim 2 wherein the leaves are each of a quadrilateral shape with one of its edges of each of said leaves being coincident the corner interface (as seen in figure 5 and as noted at least in paragraph 0029).
Claim 4. James discloses the connector as claimed in claim 2 wherein the lateral sides of the first of said leaves are spaced apart at between 90mm to 70mm (where it is disclosed that they are 3 3/8 inches which is approximately 86mm within 90-70mm-paragraph 0029).
Claim 6. The connector as claimed in claim 2 wherein the first of said leaves has no said apertures positioned to prevent a penetrative fastener penetrating the bearer within 20mm of both longitudinal sides of the face of the bearer on which the first of said leaves abuts or will abut (where the connector is capable of being installed on a bearer so that no said apertures positioned to prevent a penetrative fastener penetrating the bearer within 20mm of both longitudinal sides of the face of the bearer).
Claim 7. The connector as claimed in claim 2 wherein the first of said leaves has no said apertures positioned that would otherwise allow a penetrative fastener to penetrate the bearer within a dedicated fastener free strip along and at both of the sides of the face of the bearer on which the first of said leaves abuts or will abut (where the connector is capable of the claimed intended use of being installed on a bearer so that no said apertures positioned would otherwise allow a penetrative fastener to penetrate the bearer within a dedicated fastener free strip along and at both of the sides of the face of the bearer).
Claim 8. The connector as claimed in claim 2 wherein the first of said leaves has no said apertures positioned that would otherwise allow a penetrative fastener to penetrate the bearer within a predetermined fastener free area at both of the sides of the face of the bearer on which the first of said leaves abuts or will abut (where the connector is capable of the claimed intended use of being installed on a bearer so that no said apertures positioned that would otherwise allow a penetrative fastener to penetrate the bearer within a predetermined fastener free area at both of the sides of the face of the bearer).
Claim 9. The connector as claimed in claim 2 wherein there are two apertures through the first of said leaves at each of said lateral sides (as seen in figure 5 20 has two apertures at each of the lateral sides and 22 has two apertures (36 and/or 34 at each of the lateral sides).
Claim 10. The connector as claimed in claim 2 wherein there are two apertures through the first of said leaves at each of said lateral sides one more proximate to the corner interface than the other (as seen in figure 5 where 24a is more proximate the corner interface than 24b or 24c and where 34 is more proximate the corner interface than 36 or the further located 34).
Claim 11. The connector as claimed in claim 2 wherein at each lateral side of the first (in this instance the first of said leaves is 22) of said leaves, the aperture more proximate the corner interface is less than 20mm from the corner interface (where 34, of leaf 22, is .625 inches or approximately 16mm which is less than 20mm).
Claim 12. The connector as claimed in claim 11 wherein there are two additional apertures (an additional 34 and 38 as seen in the figures) through said first of said leaves located adjacent said corner interface (where they are adjacent the corner interface as seen in figure 5).
Claim 13. The connector as claimed in claim 2 wherein the second of said leaves has said apertures within 20mm of each lateral side (on 22 aperture 36 is .675 inches or approximately 17mm from the lateral side; and on 20 the centerline of apertures 24a-c are .75 inches or approximately 19mm from the lateral sides).
Claim 14. The connector as claimed in claim 2 wherein the second (in this instance 20) of said leaves has no said apertures within 20mm of said corner interface (where it can be seen in figure 5 that leaf 20 has no apertures with 20mm of the corner interface based on the dimensions shown, where d4 is approximately 22mm).
Claim 15. The connector as claimed in claim 2 wherein the second of said leaves has no said apertures positioned at a location where a penetrative fastener would otherwise penetrate the joist within 20mm of a longitudinal side of the face of the joist on which the second of said leaves abuts or will abut (where either leaf is capable of the claimed intended use of being installed so that the second of said leaves has no said apertures positioned at a location where a penetrative fastener would otherwise penetrate the joist within 20mm of a longitudinal side of the face of the joist on which the second of said leaves abuts or will abut).
Claim 16. The connector as claimed claim 2 wherein the second of said leaves has no said apertures positioned at a location that would otherwise allow a penetrative fastener to penetrate the joist within a dedicated fastener free area at a longitudinal side of the face of the joist on which the second of said leaves abuts or will abut (where either leaf is capable of the claimed intended use of being installed so that the second of said leaves has no said apertures positioned at a location that would otherwise allow a penetrative fastener to penetrate the joist within a dedicated fastener free area at a longitudinal side of the face of the joist).
Claim 17. The connector as claimed in claim 2 wherein the second of said leaves has no said apertures positioned that would otherwise allow a penetrative fastener to penetrate the joist within a predetermined fastener free strip extending along a longitudinal side of the face of the joist on which the second of said leaves abuts or will abut (where either leaf is capable of the claimed intended use of being installed so that the second of said leaves has no said apertures positioned that would otherwise allow a penetrative fastener to penetrate the joist within a predetermined fastener free strip extending along a longitudinal side of the face of the joist).
Claim 18. The connector as claimed in claim 1 wherein the connector has a notional mirror image line midway between the lateral edges and the apertures through the second of said leaves are in mirror image configuration about the mirror image line (as seen in figure 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over James (20010025458).
Claim 5. James discloses the connector as claimed in claim 2 but does not expressly disclose wherein the first of said leaves has no said apertures within 20mm of each lateral side. James does disclose that d2, the distance from the lateral side to the midline of the aperture 24a-c is ¾ inches which is approximately 19mm and where d9 or is 7/8inch and the diameter of the aperture 36 is 7/16inch which would result a spacing of .675 inches or approximately 17mm).
Applicant discloses in the specification at paragraph 0097 that it is known to have a specified dimension for a no fastening zone for building regulations and codification.
Accordingly at the time the invention was effectively filed, it would have been an obvious matter of design choice to a person of ordinary skill in the art to pursue known design options and modify the dimension of the connector to have the first of the leaves have no apertures within 20mm of each lateral side because applicant has not disclosed that provides an advantage, is used for a particular purpose, or solves a stated problem. Instead applicant disclose that the distance form the lateral side may vary dependent on regulations and that 20mm is an example conditional on the width of the first leaf. One of ordinary skill in the art, furthermore, would have expected James connector, and applicant’s invention to perform equally well with either the spacing taught by James or the claimed 20mm because both connectors would perform the same function of fastening members together equally well considering the prior art and applicants disclosure.
Therefore, it would have been prima facie obvious to modify James to obtain the invention as specified in claim 5 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of James. Further it would have been an obvious matter of design choice to make spacings between lateral sides and apertures of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art. In re Reese, 129 USPQ 402.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pahl (4221090) in view of James (20010025458).
Claim 19. Pahl discloses a sub floor structure comprising a vertically extending pile (15 or 50) of a quadrilateral cross section on top of which a horizontally extending bearer (41 or 42) of quadrilateral cross section rests and on top of which a horizontally extending joist (91) of quadrilateral cross section rest perpendicular to the bearer and wherein (as seen in at least figure 1):
(a) at the joist to bearer interface is a first connection to secure the joist and bearer together thereat, and
(b) at the bearer to pile interface is a second connection to secure the bearer and the joist together thereat.
Pahl does not expressly disclose a first connector to secure the joist and bearer together and a second at the bearer to pile interface or
wherein the first connector is identical is shape and configuration as the second connector and comprises of a sheet metal plate that is configured to define two planar leaves that extend at substantially right angles from each other from a corner interface of the leaves, a first of said leaves defining a first pattern of apertures and a second of said leaves defining a second pattern of apertures that is different to said first pattern, wherein:
said first connector has:
(i) its first of said leaves abutting a horizontally extending upwardly facing face of the bearer with penetrative fasteners passing thought its apertures to secure the first connector to the bearer thereat, and
(ii) its second of said leaves abutting a vertically extending face of said joist with penetrative fasteners passing through its apertures to secure the first connector to the joist thereat, and
said second connector has:
(i) its first of said leaves abutting a horizontally extending downwardly facing face of the bearer with penetrative fasteners passing thought its apertures to secure the second connector to the bearer thereat, and
(ii) its second of said leaves abutting a vertically extending face of said pile with penetrative fasteners passing through its apertures to secure the second connector to the pile thereat.
James discloses a first and second connector identical in shape and configuration used at different interface connections of construction elements (see figure 1 and disclosure where connector C is at the interface of pile 12 and structure 14 and also at the interface of pile 12 and bearer 16). The first and second connector comprises a sheet metal plate (paragraph 0027) that is configured to define two planar leaves (20,22) that extend at substantially right angles from each other from a corner interface of the leaves (as seen in figure 5), a first of said leaves defining a defining a first pattern of apertures therethrough and a second of said leaves defining a second pattern of apertures therethrough that is different to said first pattern (as seen in figure 5 ad noted at paragraphs 0029-0032), wherein:
The second connector has:
(i) its first of said leaves (22) abutting a horizontally extending downwardly facing face of the bearer with penetrative fasteners passing through its apertures to secure the first connector to the bearer thereat (as seen in figure 1), and
(ii) its second of said leaves (20) abutting a vertically extending face of said pile with penetrative fasteners passing through its apertures to secure the second connector to the pile thereat. Further James discloses that the leaf 20 is for attaching to a vertical member (as noted in the disclosure).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the subfloor structure of Pahl to have the first and second connectors of James for attaching at the interface of the joist to bearer to secure the joist and bearer together and at the interface of the bearer to pile to secure the bearer and joist together to achieve the predictable result of an easily assembled and securely attached structure that does not require multiple connection types, tools and materials, thereby allowing a user to quickly and easily assemble the structure.
Wherein upon such a modification;
the first connector has:
(i) its first of said leaves abutting a horizontally extending upwardly facing face of the bearer with penetrative fasteners passing thought its apertures to secure the first connector to the bearer thereat, and
(ii) its second of said leaves abutting a vertically extending face of said joist with penetrative fasteners passing through its apertures to secure the first connector to the joist thereat, and
said second connector has:
(i) its first of said leaves abutting a horizontally extending downwardly facing face of the bearer with penetrative fasteners passing thought its apertures to secure the second connector to the bearer thereat, and
(ii) its second of said leaves abutting a vertically extending face of said pile with penetrative fasteners passing through its apertures to secure the second connector to the pile thereat (where James discloses having a first of the leaves abutting the vertical face and a second of the leaves abutting a horizontal face in an installed condition).
Claim 20. Pahl in view of James disclose the subfloor structure as claimed in claim 19 wherein the sheet metal plate of each of said connectors is in cross section of an “L” shape (as seen in figure of James) and has two parallel lateral edges each running along the opposed lateral sides of the first and second leaves and has two parallel transverse edges one at each of said first and second leaves that are parallel and opposite the corner interface (as seen in figure 5 of James).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635
Prosecution Insights