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 5 objected to because of the following informalities: In line 2, the word side is repeated. 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 11-13 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.
Regarding claim 11, a neck has previously been established in the claims. The examiner will examine as best understood with the clip having only one neck. Appropriate correction is required.
Regarding claim 12, it is unclear the claimed extension directions. The examiner will examine as best understood with each coupling arm portion/component extending from adjacent portions/components at an angle greater than 0. Appropriate correction is required.
Claim 13 rejected under 35 USC as being dependent on a rejected claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-6, 8-12, 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dye, U.S. Patent Application Publication 2020/0173173.
Regarding claim 1, Dye discloses a panel fastening system comprising: a first clip (30) configured to affix to a building support (54); and a second clip (30; the second clip having the same structure as the first clip, paragraph 58) configured to affix to a surface panel (52), wherein the first clip and the second clip each respectively include: a baseplate (37) configured to affix to the one respective of the building support or the surface panel, and a coupling arm (32) protruding from the baseplate and having an end tip (32c), and a groove defined by the coupling arm (the channel formed within, see Fig. 3b), the groove including an inlet opening (opening of the channel portion between components 32c and 37b), an inlet portion (portion of the channel beyond the opening) extending from the inlet opening, and an end portion (portion of the channel between 32c and 32) extending from the inlet portion in a different direction than the inlet portion (it extends in a direction perpendicular to the first extension direction), each of the inlet opening and the end portion of the groove being defined by the end tip of the coupling arm (see Fig. 3b), wherein for each of the first clip and the second clip, the groove is configured to receive the coupling arm of a respective other one of the first clip and the second clip (for example as shown in Fig. 5c). The phrases “configured to affix” and “configured to receive” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 2, Dye discloses a panel fastening system wherein the end tip of the first clip has a shape that corresponds with a shape of the end tip of the second clip (as the clips are the same per paragraph 58).
Regarding claim 3, Dye discloses a panel fastening system wherein the groove of the first clip is configured to receive the coupling arm of the second clip simultaneously with the groove of the second clip receiving the coupling arm of the first clip (as shown in Fig. 5c, generally). The phrase “configured to receive the coupling arm of the second clip simultaneously with the groove of the second clip receiving the coupling arm of the first clip” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 4, Dye discloses a panel fastening system wherein the groove of each of the first and second clips are configured to interlock with the coupling arm of the second and first clips, respectively, such that a weight of the surface panel prevents separation of the first clip from the second clip (as shown in Fig. 5c, generally). The phrase “configured to interlock with the coupling arm of the second and first clips, respectively, such that a weight of the surface panel prevents separation of the first clip from the second clip” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 5, Dye discloses a panel fastening system wherein the end tip of the coupling arm of the first clip includes an inner side, an outer side, and an apex connecting the inner side to the outer side, the inner side being angled relative to a plane of the baseplate of the first clip (see Fig. 3b reproduced below).
Regarding claim 6, Dye discloses a panel fastening system wherein an angle of the apex is less than 90 degrees (see Fig. 3b reproduced below).
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Regarding claim 8, Dye discloses a panel fastening system wherein the groove of the first clip is configured to receive the coupling arm of the second clip the first clip by insertion of the coupling arm of the second clip through the inlet opening of the groove of the first clip, the inlet opening defined by the coupling arm (in the manner as shown in Fig. 5c). The phrase “configured to receive the coupling arm of the second clip the first clip by insertion of the coupling arm of the second clip through the inlet opening of the groove of the first clip” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 9, Dye discloses a panel fastening system wherein the coupling arm includes: a neck (shown in Fig. 3b as 32) protruding from the baseplate, and a hook portion (32a) protruding from an end of the neck and having a hook shape (see Fig. 3b), the end tip being a distal end of the hook portion from the baseplate (see Fig. 3b).
Regarding claim 10, Dye discloses a panel fastening system wherein the neck has a first height (extending from 36 to 32a, see Fig. 3b), the hook portion has a second height (inner to outer dimension of 32a), and the first height of the neck is greater than the second height of the hook portion (see Fig. 3b), the first height and the second height each extending in a direction perpendicular to a plane of the baseplate (as shown in Fig. 3b, generally).
Regarding claim 11, Dye discloses a panel fastening system wherein the coupling arm includes: a neck (32 as shown in Fig. 3b) extending from the baseplate, a first intermediate portion extending from the neck (see Fig. 3b reproduced below), and a second intermediate portion see Fig. 3b reproduced below) extending from the first intermediate portion, wherein the end tip extends from the second intermediate portion (see Fig. 3b, generally).
Regarding claim 12, Dye discloses a panel fastening system wherein each of the neck, the first intermediate portion, the second intermediate portion, and the end tip extend in a different direction (see Fig. 3b reproduced below).
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Regarding claim 14, Dye discloses a panel fastening system wherein the first clip and second clips are configured to interlock to hold a rigid surface panel (52) mounted to the building support (in the manner as shown in Fig. 5c). The phrase “configured to interlock to hold a rigid surface panel mounted to the building support” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 15, Dye discloses a panel fastening system comprising: interlocking a first clip (30) affixed to the surface panel (52) with a second clip (30; the second clip having the same structure as the first clip, paragraph 58) affixed to the building support (54), the first clip and the second clip each respectively include a baseplate (36) configured to affix to the one respective of the building support or the surface panel, and a coupling arm (32) protruding from the baseplate and having an end tip (32c), and a groove (channel between 36b and 32a, see Fig. 3b) defined by the coupling arm, the groove including an inlet opening (at 32c), an inlet portion (channel space beyond the opening) extending from the inlet opening, and an end portion (channel space positioned between 32c and 32, see Fig. 3b) extending from the inlet portion in a different direction than the inlet portion (perpendicular direction, see Fig. 3b), each of the inlet opening and the end portion of the groove being defined by the end tip of the coupling arm (see Fig. 3b), wherein the interlocking of the first clip and the second clip includes moving the surface panel relative to the building support such that the coupling arm of the first clip is disposed in the groove of the second clip and the coupling arm of the second clip is disposed in the groove of the first clip (as shown in Fig. 5c).
Regarding claim 16, Dye discloses a panel fastening system comprising: affixing the first clip to the surface panel, and affixing the second clip to the building support (as shown in Fig. 5c).
Regarding claim 17, Dye discloses a panel fastening system wherein the surface panel is a vertical surface panel (as shown in Fig. 5c).
Regarding claim 18, Dye discloses a panel fastening system wherein the moving of the surface panel relative to the building support includes inserting the first clip through a slot between the coupling arm of the second clip and a surface of the building support (at 42 as shown in Fig. 5c).
Regarding claim 19, Dye discloses a panel fastening system wherein the surface panel is a rigid surface panel (paragraph 91).
Claim(s) 1-4, 8, 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Munson, U.S. Patent 9,609,964.
Regarding claim 1, Munson discloses a panel fastening system comprising: a first clip (12) configured to affix to a building support (10); and a second clip (18) configured to affix to a surface panel (16), wherein the first clip and the second clip each respectively include: a baseplate configured to affix to the one respective of the building support or the surface panel, and a coupling arm protruding from the baseplate and having an end tip, and a groove defined by the coupling arm, the groove including an inlet opening, an inlet portion extending from the inlet opening, and an end portion extending from the inlet portion in a different direction than the inlet portion, each of the inlet opening and the end portion of the groove being defined by the end tip of the coupling arm, wherein for each of the first clip and the second clip, the groove is configured to receive the coupling arm of a respective other one of the first clip and the second clip (see Fig. 2 reproduced below denoting components of the second clip, components the same for the first clip). The phrases “configured to affix” and “configured to receive” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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Regarding claim 2, Munson discloses a panel fastening system wherein the end tip of the first clip has a shape that corresponds with a shape of the end tip of the second clip (see Fig. 3).
Regarding claim 3, Munson discloses a panel fastening system wherein the groove of the first clip is configured to receive the coupling arm of the second clip simultaneously with the groove of the second clip receiving the coupling arm of the first clip (see Fig. 3). The phrase “configured to receive the coupling arm of the second clip simultaneously with the groove of the second clip receiving the coupling arm of the first clip” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 4, Munson discloses a panel fastening system wherein the groove of each of the first and second clips are configured to interlock with the coupling arm of the second and first clips, respectively, such that a weight of the surface panel prevents separation of the first clip from the second clip (a shown in Fig. 3).
Regarding claim 8, Munson discloses a panel fastening system wherein the groove of the first clip is configured to receive the coupling arm of the second clip the first clip by insertion of the coupling arm of the second clip through the inlet opening of the groove of the first clip, the inlet opening defined by the coupling arm (as shown in Fig. 3). The phrase “configured to receive the coupling arm of the second clip the first clip by insertion of the coupling arm of the second clip through the inlet opening of the groove of the first clip” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 15, Munson discloses a panel fastening system comprising: interlocking a first clip (12) affixed to the surface panel (10) with a second clip (18) affixed to the building support (16), the first clip and the second clip each respectively include a baseplate configured to affix to the one respective of the building support or the surface panel, and a coupling arm protruding from the baseplate and having an end tip, and a groove defined by the coupling arm, the groove including an inlet opening, an inlet portion extending from the inlet opening, and an end portion extending from the inlet portion in a different direction than the inlet portion, each of the inlet opening and the end portion of the groove being defined by the end tip of the coupling arm, wherein the interlocking of the first clip and the second clip includes moving the surface panel relative to the building support such that the coupling arm of the first clip is disposed in the groove of the second clip and the coupling arm of the second clip is disposed in the groove of the first clip (as shown in Fig. 3; see Fig. 2 reproduced above denoting components of the second clip, components the same for the first clip).
Regarding claim 16, Munson discloses a panel fastening system comprising: affixing the first clip to the surface panel, and affixing the second clip to the building support (see Fig. 3).
Regarding claim 17, Munson discloses a panel fastening system wherein the surface panel is a vertical surface panel (see Fig. 3).
Regarding claim 18, Munson discloses a panel fastening system wherein the moving of the surface panel relative to the building support includes inserting the first clip through a slot between the coupling arm of the second clip and a surface of the building support (as shown in Fig. 3).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munson, U.S. Patent 9,609,964 in view of Holmes, U.S. Patent Application Publication 2003/0038222.
Regarding claim 5, Munson discloses a panel fastening system wherein the end tip of the coupling arm of the first clip includes an inner side (facing 10), an outer side (facing away from 10), the inner side being angled relative to a plane of the baseplate of the first clip (see Fig. 2, generally), but does not specifically disclose an apex connecting the inner side to the outer side. Holmes teaches a tip of a coupling arm forming an apex which connects the inner and outer side (between 10, 8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to produce the tip with a point rather than a flat edge depending on the method of production as the same results would be produced, and of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 6, the prior art as modified discloses a panel fastening system wherein an angle of the apex is less than 90 degrees (see Holmes Fig. 1).
Regarding claim 7, Munson discloses a panel fastening system wherein the first clip includes a front (58) and a rear (56) opposite to the front, the rear configured to contact the building support (see Fig. 2), the groove formed in the rear of the first clip, and the plane of the baseplate of the first clip is defined by the rear of the first clip (see Fig. 2). The phrase “configured to contact the building support” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Munson, U.S. Patent 9,609,964.
Regarding claim 19, Munson discloses a panel fastening system but does not specifically disclose wherein the surface panel is a rigid surface panel. Munson teaches the panel may be a painting or a picture (col. 4, lines 15-16). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that these items would require some rigidity to accommodate the fasteners (28).
Allowable Subject Matter
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The closest prior art of record fails to disclose or make obvious a fastening system utilizing interlocking surface panel clips, the clips having the distinct structural characteristics as claimed.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633