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 .
Election/Restrictions
Claims 26-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 1/9/26.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first, second and third truss members must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The specification does not list these in the drawings description.
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 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 13, 15-17 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 13 recites “the first end” and “a second end”, in line 4, lacking antecedent basis. Claims 15-17 are rejected for depending from claim 13. The claims will be examined as best understood.
Claim Objections
Claim 16 is objected to. Claim 16 recites “a second wall” but not a first wall.
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, 13, 16, 17, 20, 21 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application No. US 2013/0312361 to Robinson.
Regarding claims 1 and 25 Robinson discloses a truss (fig. 1) having a first truss member (102), a second truss member (104) and a third truss member (106) connecting the first and second members, the third truss member has a flat base (fig. 4: 119), a pair of arms (fig. 7a: 604) and a pair of shoulders (curved top edges of fig. 7a), the shoulder is raised relative to the base (119) and between the base (119) and arms (604), and extends parallel to the base, the base is flush with both trusses at a contact surface.
Regarding claim 13, as best understood, the ends of the third member have less height, as they are squeezed (see reduced height/thickness in fig. 4).
Regarding claim 16, a second shoulder (opposite, left, of curved right shoulder, fig. 7a) a second wall (right side 606) and a second arm (left side 606), the second arm (left side 606) adjoins the flat base (119) and the second shoulder (left side 604) such that the flat base is between the shoulder (right side curved shoulder, fig. 7a) and the second shoulder (left side curved shoulder, fig. 7a).
Regarding claim 17, the ends of the third member are identical and contain multiples of bases, shoulders and arms as recited in the rejections of claims 1 and 16
Regarding claim 20, the truss members are chords.
Regarding claim 21, the third truss member is a web.
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) 11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2013/0312361 to Robinson.
Regarding claim 11, the flat base (119) is substantially flush with the truss but length of contact relative to truss width is not disclosed. Applicant fails to show criticality for specifically claimed dimensions, therefore it would have been an obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Robinson to use the dimensions such as specified in these claims as a mere design choice where larger contact surfaces would support larger loads depending upon the application required.
Regarding claim 15, the flat based is pressed inwards (pinched) to a depth relative to an outer surface of the middle portion (thickness of the third member) the depth not being specified relative to the arm height. Applicant fails to show criticality for specifically claimed dimensions, therefore it would have been an obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Robinson to use the dimensions such as specified in these claims as a design choice where larger dimensions would increase strength in applications requiring more strength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633