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 .
This is the second office action for application number 18/648,057, FAÇADE CLADDING SYSTEM AND BRACKET THEREFOR, filed on April 26, 2024.
Election/Restrictions
Claims 14 and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 22, 2025.
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)(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) 1-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 12,331,525 to Lopez. Lopez discloses a bracket (18) for fastening a sub-frame assembly (S), comprising: a planar base portion (20); a planar flanged portion (22) that is fixable or slidable connected to the planar base portion at a connection joint (24); a plurality of fixing holes (54) provided on the planar base portion and the planar flanged portion that is fixable or slidable; and at least one strengthening rib (52, Col. 5, lines 43-50) provided on the planar base portion, the connection joint, and the planar flanged portion that is fixable or slidable, wherein the planar flanged portion that is fixable or slidable comprises a thumb hold portion (30) configured to engage the sub-frame assembly, and wherein the planar base portion is configured to be connected to a load-bearing wall; wherein the bracket is configured to accommodate for dead loads and wind loads when the bracket is connected to the load-bearing wall, and wherein the planar flanged portion that is fixable or slidable is configured to accommodate linear thermal expansion and contraction (Col. 7, lines 25-28); wherein the planar flanged portion that is fixable or slidable has a length (Col. 7, lines 44-46) between 3 inches and 12 inches; wherein the bracket is composed completely of steel; wherein the bracket is formed from a material having low thermal conductivity; wherein the sub-frame assembly comprises a rail portion (14 or 16); wherein the plurality of fixing holes comprises oblong holes and/or circular holes; wherein the planar flanged portion that is fixable or slidable is connected to the planar base portion at the connection joint at about 90 degrees; wherein the bracket consists of the planar flanged portion that is fixable or slidable and the planar base portion; wherein the at least one strengthening rib is formed parallel to side edges of the planar flanged portion that is fixable or slidable and/or the planar base portion; wherein the at least one strengthening rib is continuously formed on the planar base portion and the planar flanged portion that is fixable or slidable through the connection joint; wherein a thickness of the planar base portion and the planar flanged portion that is fixable or slidable is between 0.134 and 0.05 inches (based on applicant's drawings the reference dimensions are substantially similar); and wherein the bracket is configured to be positionable in a horizontal or a vertical position with respect the load-bearing wall.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over European Publication No. 2,746,489 to Peyron in view of U.S. Patent No. 5,846,018 to Frobosilo et al., hereinafter, Frobosilo. Peyron discloses a bracket (4) for fastening a sub-frame assembly (1), comprising: a planar base portion (40); a planar flanged portion (42) that is fixable or slidable connected to the planar base portion at a connection joint (Fig. 2); a plurality of fixing holes (41, 44) provided on the planar base portion and the planar flanged portion that is fixable or slidable; and the planar flanged portion that is fixable or slidable, wherein the planar flanged portion that is fixable or slidable comprises a thumb hold portion (43) configured to engage the sub-frame assembly, and wherein the planar base portion is configured to be connected to a load-bearing wall; wherein the bracket is configured to accommodate for dead loads and wind loads when the bracket is connected to the load-bearing wall, and wherein the planar flanged portion that is fixable or slidable is configured to accommodate linear thermal expansion and contraction; wherein the planar flanged portion that is fixable or slidable has a predetermined length; wherein the bracket is composed completely of steel; wherein the bracket is formed from a material having low thermal conductivity; wherein the sub-frame assembly comprises a rail portion; wherein the plurality of fixing holes comprises oblong holes and/or circular holes; wherein the planar flanged portion that is fixable or slidable is connected to the planar base portion at the connection joint at about 90 degrees; wherein the bracket consists of the planar flanged portion that is fixable or slidable and the planar base portion; wherein a thickness of the planar base portion and the planar flanged portion that is fixable or slidable is between 0.134 and 0.05 inches (based on applicant's drawings the reference dimensions are substantially similar); and wherein the bracket is configured to be positionable in a horizontal or a vertical position with respect the load-bearing wall.
Peyron discloses the claimed invention except for the limitations of at least one strengthening rib provided on the planar base portion, the connection joint, and the planar flanged portion; and the planar flanged portion having a length between 3 inches and 12 inches.
Frobosilo teaches a bracket (10) for fastening a sub-frame assembly, comprising a planar base portion (24), a planar flanged portion (20) that is fixable connected to the planar base portion at a connection joint (22), a plurality of fixing holes (28a-28n and/or 26) provided on the planar base portion and planar flanged portion, at least one strengthening rib (30 or 32) provided on the planar base portion, the connection joint, and the planar flanged portion, wherein the bracket is configured to accommodate for dead loads and wind loads (Col. 2, lines 9-12) when the bracket is connected to the load-bearing wall and the planar flanged portion is configured to accommodate linear thermal expansion and contraction, wherein the at least one strengthening rib is continuously formed on the planar base portion and the planar flanged portion through the connection joint, and wherein the rib is formed parallel to side edges of the planar flanged portion and/or the planar base portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bracket in Peyron to have included a strengthening rib as taught by Frobosilo for the purpose of increasing the lateral load carrying capabilities of the bracket.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the planar flanged portion to have been between 3 inches and 12 inches for the purpose of accommodating the user and the environment in which the bracket is used and since such a modification would have merely involved a change in shape and would not have yielded any unpredictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 12,158,008 to Ochi is directed to an architectural bracket that has an improved strength and is suitable for realizing a high degree of freedom in terms of the arrangement relationship with a fixation object in construction. U.S. Patent No. 11,692,340 to Stahl et al. is directed to a slide clip includes a first plate and a second plate coupled at a juncture. U.S. Patent No. 10,961,704 to Daudet is directed to a connection between supporting and supported structural members. U.S. Patent No. 6,792,733 to Wheeler et al. is directed to a deflection clip having a planar base plate and a guide depending from the base plate. U.S. Patent No. 6,213,679 to Frobosilo et al. is directed to a deflection slide clip. U.S. Patent No. 5,743,063 to Boozer is directed to slidable brackets for thermal expansion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANITA M KING whose telephone number is (571)272-6817. The examiner can normally be reached M-F 7:30am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell Mckinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANITA M KING/ Primary Examiner, Art Unit 3632 January 29, 2026