DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-15 and 30 are cancelled.
Claims 16-29, 31 are pending.
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) 16-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geisinger (US 2,005,030) in view of Yeo (US 10,138,635) and Judkins et al (“Judkins”) (US 4,480,416).
Re claim 16, Geisinger discloses a mounting plate (14) for attaching bricks (13) to a wall structure (11), the mounting plate (14) comprising:
a rear surface (rear of 15) configured to be placed on (Fig. 2) a surface (right surface of 11) of the wall structure (11);
a front surface (front surface of 15) configured to face (Fig. 2) a first brick (15) and a second brick (15);
an upper edge (top of 14) and a lower edge (bottom of 14);
a first mounting area (Fig. 2-3, between bottom and middle 21) for the first brick (13);
a second mounting area (Fig. 2-3, between top and middle 21) for the second brick (13);
locking grippers (19, 21) arranged on a gripping area (of 19 and of 21 in the middle) between the first mounting area (Fig. 2-3, between bottom and middle 21) and the second mounting area (Fig. 2-3, between top and middle 21), the gripping area (of 19 and 21) separating (Fig. 2) the first mounting area (Fig. 2-3, between bottom and middle 21) and the second mounting area (Fig. 2-3, between top and middle 21) from each other (Fig. 3);
wherein the first mounting area (Fig. 2-3, between bottom and middle 21) comprises a first support surface (surface of top 23) arranged to support (Fig. 3) the first brick (13) at the mounting plate (14),
wherein the second mounting area (Fig. 2-3, between top and middle 21) comprises a second support surface (surface of the bottom 23) arranged to support (Fig. 3) the second brick (13) at the mounting plate (14),
wherein the locking grippers (19, 21) are arranged to lock (Fig. 2) the first brick (13) to the mounting plate (14) by providing a restraining structure (19, 20 and 21) preventing movement of (Fig. 2-3) the first brick (13) along the first support surface (surface of top 23),
wherein the second mounting area (Fig. 2-3, between top and middle 21) extends from the upper edge (top of 15) to the gripping area (of 19 and of 21), and the first mounting area (Fig. 2-3, between bottom and middle 21) extends from (Fig. 2) the gripping area (of 19 and of 21) to the lower edge (bottom of 15),
wherein the first support surface (of upper 23) protrudes from (Fig. 2) the front surface (front of 15) such that the first support surface (surface of top 23) is spaced apart from (Fig. 2) the front surface (front of 15), and the second support surface (surface of bottom 23) protrudes from (Fig. 2) the front surface (surface of 15) such that the second support surface (surface of bottom 23) is spaced apart from (Fig. 2) the front surface (surface of 15),
wherein the first support surface (surface of upper 23) and the second support surface (surface of bottom 23) are on a same support plane (Fig. 2),
but fails to disclose the first mounting area having a hanger arranged to hang the first brick on the mounting plate from a recess behind the first brick, wherein the first support surface and the second support surface are portions of a support unit extending from the first mounting area, through the gripping area, and to the second mounting area.
However, Yeo discloses the first mounting area (left surface of 100) having a hanger (110) arranged to hang (Fig. 3) the first brick (200) on the mounting plate (100) from a recess (210) behind the first brick (200).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger with the first mounting area having a hanger arranged to hang the first brick on the mounting plate from a recess behind the first brick (in addition to those features taught by Geisinger) as disclosed by Yeo in order to support a load of the brick from the rear surfaces thereof, instead of just the top and bottom, and to aid in aligning the bricks onto the mounting plate during assembly.
In addition, Judkins discloses wherein the first support surface (Fig. 3, of 24a/b) and the second support surface (Fig. 3, of 24a/b) are portions of a support unit (24) extending from the first mounting area (bottom area of 16), through the gripping area (middle area of 16), and to the second mounting area (top area of 16; as 24a/b extend the entire length of 16, each could be used on the sides adjacent 19/21 of Geisinger in place of 23).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger wherein the first support surface and the second support surface are portions of a support unit extending from the first mounting area, through the gripping area, and to the second mounting area as disclosed by Judkins in order to provide reinforcement along the entire length of the mounting plate, instead of select areas.
Re claim 17, Geisinger as modified discloses the mounting plate according to claim 16, wherein a support plane (plane connecting 23 vertically) is space apart from the front surface (right surface of 15) and extends parallel with (vertically) the mounting plane (the plane of the left surface of 15), and Yeo discloses wherein the hanger (110) protrudes from (Fig. 3) the front surface (left surface of 100) in a direction of (Fig. 3) the support plane (Fig. 3; plane on the right side of 200).
Re claim 18, Geisinger as modified discloses the mounting plate according to claim 17, Yeo discloses wherein the hanger (110) is extends from the front surface (left surface of 100) through the support plane (plane on the right side of 200) to another side (Fig. 3) of the support plane (plane on the right side of 200) at an angle of less than 90 degrees (Fig. 3, the angle between 112 and the left plane surface of 100 is less than 90 degrees when measured on the top side thereof) on a side of the locking grippers (Geisinger: 19, 21).
Re claim 19, Geisinger as modified discloses the mounting plate according to claim 16, Yeo discloses wherein the mounting plate (100) comprises multiple hangers (110) arranged in a row (Fig. 3) on the mounting plate (100).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger wherein the mounting plate comprises multiple hangers arranged in a row on the mounting plate as disclosed by Yeo in order to better support load of a brick, or to support multiple bricks in a row.
Re claim 20, Geisinger as modified discloses the mounting plate according to claim 16, Judkins discloses wherein the support unit (24aq/b) is one of multiple support units (24a/b) of the mounting plate (16).
Re claim 21, Geisinger as modified discloses the mounting plate according to claim 20, Judkins discloses wherein the multiple support units (24a/b) are arranged in a row (along 16) on the mounting plate (16) such that at least one support unit (one of 24a/b) of the multiple support units (24a/b) is arranged between (Fig. 3) adjacent locking grippers (Geisinger: top 19/21 and middle 19/21; as 24a/b of Judkins extend the entire length of 16, they would also be at least partially between adjacent locking grippers of Geisinger).
Re claim 22, Geisinger as modified discloses the mounting plate according to claim 16, wherein the locking grippers (19, 21) comprise an elongate gripper arm (19, 21) protruding from the front surface (right surface of 14) of the mounting plate (14) and extending along a longitudinal direction (Fig. 3) of the mounting plate (14) in the gripping area (the area of 19 and 21).
Re claim 23, Geisinger as modified discloses the mounting plate according to claim 22, wherein the elongate gripper arm (19, 21) comprises an arm portion (19, 21) protruding from the front surface (right surface of 14) of the mounting plate (14) and extending away from (Fig. 3) the front surface (right surface of 14) of the mounting plate (14), and an end portion (20) extending from the arm portion (19, of 19 and 21), wherein the end portion (20) extends toward (from right to left in Fig. 3, as 20 extends in at least 2 directions) the front surface (right surface of 14) of the mounting plate (14) or extends parallel with the front surface of the mounting plate (as this is an “or” clause).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geisinger (US 2,005,030) in view of Yeo (US 10,138,635), Judkins et al (“Judkins”) (US 4,480,416) and Treloar et al (“Treloar”) (US 5,443,878).
Re claim 24, Geisinger as modified discloses the mounting plate according to claim 22, but fails to disclose wherein the gripper arm is arranged to taper toward an the end of the gripper arm.
However, Treloar discloses wherein the gripper arm (Fig. 4, 21, 27 and/or 28) is arranged to taper toward an (Fig. 4) the end (end of 21, 27 and/or 28) of the gripper arm (21, 27 and/or 28).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger wherein the gripper arm is arranged to taper toward an the end of the gripper arm as disclosed by Treloar in order to simplify assembly, as a tapering end of an arm is easier to insert into a groove or slot than that of blunt ended arm.
Claim(s) 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geisinger (US 2,005,030) in view of Yeo (US 10,138,635), Judkins et al (“Judkins”) (US 4,480,416) and Dorig (US 2020/0291659).
Re claim 25, Geisinger as modified discloses the mounting plate according to claim 16, but fails to disclose wherein the first mounting area has a first connecting structure, wherein the second mounting area has a second connecting structure arranged between the upper edge and the second support surface, and wherein the first connecting structure is configured to connect to a second connecting structure of an adjacent mounting plate to connect the mounting plate and the adjacent mounting plate together.
However, Dorig discloses the first mounting area (top 13) has a first connecting structure (19), wherein the second mounting area (bottom 13) has a second connecting structure (21, 23, 25, 29) arranged between the upper edge (top edge of 13) and the second support surface (of 11), wherein the first connecting structure (19) is configured to connect to (Fig. 1) a second connecting structure (21, 23, 25, 29) of an adjacent mounting plate (13) to connect the mounting plate (13) and the adjacent mounting plate (13) together (Fig. 1).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger wherein the first mounting area has a first connecting structure, wherein the second mounting area has a second connecting structure arranged between the upper edge and the second support surface, and wherein the first connecting structure is configured to connect to a second connecting structure of an adjacent mounting plate to connect the mounting plate and the adjacent mounting plate together as disclosed by Dorig in order to extend the height of the brick veneer, while maintaining smaller sized mounting plates for ease of shipping and transportation.
Re claim 26, Geisinger as modified discloses the mounting plate according to claim 25, Dorig discloses wherein the second connecting structure (21, 23, 25, 29) is a female connector (21) having a vertical support portion (23, 25) and a horizontal support portion (29), and wherein the first connecting structure (19) is a male connector (19) having a protrusion portion (top wall of 19), wherein the male connector (19) is configured to engage with (Fig. 1) the female connector (21, 23, 25, 29) of the adjacent mounting plate (13) such that the lower edge (lower edge of 13) of the mounting plate (13) is placed against (Fig. 1) the vertical support portion (portion 23) of the adjacent mounting plate (13), and the protrusion portion (19) of the mounting plate (13) and the horizontal support portion (29) of the adjacent mounting plate (13) provide a form-fitting connection (Fig. 1).
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geisinger (US 2,005,030) in view of Yeo (US 10,138,635) and Dorig (US 2020/0291659).
Re claim 27, Geisinger discloses a mounting surface (14) for attaching bricks (13) to a wall structure (11), the mounting surface (14) comprising:
a) a plurality of mounting plates (14), each mounting plate comprising:
a first mounting area (Fig. 2-3, between bottom and middle 21) for a first brick (13);
a second mounting area (Fig. 2-3, between top and middle 21) for a second brick (13);
locking grippers (19, 21) arranged on a gripping area (of 19 and of 21 at the middle) between the first mounting area (Fig. 2-3, between bottom and middle 21) and the second mounting area (Fig. 2-3, between top and middle 21), the gripping area (of 19 and of 21 at the middle) separating (Fig. 2) the first mounting area (Fig. 2-3, between bottom and middle 21) and the second mounting area (Fig. 2-3, between top and middle 21) from each other (Fig. 3);
an upper edge (top edge of 14) and a lower edge (bottom edge of 14), wherein the first mounting area (Fig. 2-3, between bottom and middle 21) and the second mounting area (Fig. 2-3, between top and middle 21) are arranged between the upper edge (top edge of 14) and the lower edge (lower edge of 14), the second mounting area (Fig. 2-3, between top and middle 21) extending from the upper edge (top edge of 14) to the gripping area (at 19/21) and the first mounting area (Fig. 2-3, between bottom and middle 21) extending from the gripping area (at 19/21 in the middle) to the lower edge (lower edge of 14),
but fails to disclose a first connecting structure at the first mounting area, a second connecting structure at the second mounting area, wherein the first connecting structure of one of the mounting plates is connected to the second connecting structure of an adjacent one of the mounting plates such that the plurality of mounting plates are connected to each other through the first and second connecting structures; b) a first end plate having a third connecting structure at a lower edge of the first end plate, a brick connecting structure at an upper edge of the first end plate, and a hanger arranged between the third connecting structure and the brick connecting structure, wherein the brick connecting structure is configured to prevent a brick supported by the brick connecting structure from moving away from the mounting surface in a vertical direction of the mounting surface, and wherein the third connecting structure of the first end plate is connected to the second connecting structure of one of the mounting plates; and c) a second end plate having a fourth connecting structure at an upper edge of the second end plate, and a brick support surface at a lower edge of the second end plate, wherein the fourth connecting structure is connected to the first connecting structure of one of the mounting plates; wherein the first end plate is provided at an upper end of the mounting surface and the second end plate is provided at a lower end of the mounting surface.
However, Dorig discloses a first connecting structure (19) at the first mounting area (top 13), a second connecting structure (21, 23, 25, 29) the second mounting area (bottom 13), wherein the first connecting structure (19) of one of the mounting plates (13) is connected to (Fig. 1) the second connecting structure (21, 23, 25, 29) of an adjacent one of the mounting plates (13) such that the plurality of mounting plates (13) are connected to each other (Fig. 1) through the connecting structures (21, 23, 25, 29; 19), b) a first end plate (Fig. 1 uppermost 13) having a third connecting structure (21, 23, 25, 29) at a lower edge (lower end of uppermost 13) of the first end plate (uppermost 13), a brick connecting structure (33) at an upper edge (upper edge of uppermost 13) of the first end plate (uppermost 13), wherein the first connecting structure (19) of one of the mounting plates (13) is connected to (Fig. 1-2) the second connecting structure (21, 23, 25, 29) of an adjacent one of the mounting plates (13) such that the plurality of mounting plates (13) are connected to each other through the first (19) and second connecting structures (21, 23, 25, 29); c) a second end plate (bottommost 13) having a fourth connecting structure (19) at an upper edge (upper edge of bottommost 13) of the second end plate (bottommost 13), and a brick support surface (23) at a lower edge (lower edge of bottommost 13) of the second end plate (13), wherein the fourth connecting structure (19) is connected to the first connecting structure (19) of one of the mounting plates (13; Fig. 1-2 showing elements 13 serially connected via 19, 21, 23, 25, 29); wherein the first end plate (uppermost 13) provided at an upper end (Fig. 1) of the mounting surface (of 13) and the second end plate (bottommost 13) provided at a lower end (bottom end of middle 13) of the mounting surface (of 13).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting surface of Geisinger with a first connecting structure at the first mounting area, a second connecting structure at the second mounting area, wherein the first connecting structure of one of the mounting plates is connected to the second connecting structure of an adjacent one of the mounting plates such that the plurality of mounting plates are connected to each other through the first and second connecting structures; b) a first end plate having a third connecting structure at a lower edge of the first end plate, a brick connecting structure at an upper edge of the first end plate, and a hanger arranged between the third connecting structure and the brick connecting structure, wherein the brick connecting structure is configured to prevent a brick supported by the brick connecting structure from moving away from the mounting surface in a vertical direction of the mounting surface, and wherein the third connecting structure of the first end plate is connected to the second connecting structure of one of the mounting plates; and c) a second end plate having a fourth connecting structure at an upper edge of the second end plate, and a brick support surface at a lower edge of the second end plate, wherein the fourth connecting structure is connected to the first connecting structure of one of the mounting plates; wherein the first end plate is provided at an upper end of the mounting surface and the second end plate is provided at a lower end of the mounting surface as disclosed by Dorig in order to extend the height of the brick veneer, while maintaining smaller sized mounting plates for ease of shipping and transportation.
In addition, Yeo discloses a hanger (110) arranged between the third connecting structure (Dorig: 21, 23, 25, and 29, being at an end of the plate) and the brick connecting structure (Dorig: 33, being at another end of the plate).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting surface of Geisinger with a hanger arranged between the third connecting structure and the brick connecting structure (in addition to those features taught by Geisinger) as disclosed by Yeo in order to support a load of the brick from the rear surfaces thereof, instead of just the top and bottom, and to aid in aligning the bricks onto the mounting plate during assembly.
Re claim 28, Geisinger as modified discloses the mounting surface according to claim 27, Dorig discloses wherein the third connecting structure (21, 23, 25, 29) of the first end plate (uppermost 13) corresponds to the first connecting structure (21, 23, 25, 29) of one of the mounting plates (13), and the fourth connecting structure (19) of the second end plate (bottommost 13) corresponds to the second connecting structure (19) of another one of the mounting plates (13; Fig. 1-2 showing elements 13 serially connected via 19, 21, 23, 25, 29).
Re claim 29, Geisinger as modified discloses the mounting surface according to claim 27, Dorig discloses wherein the brick connecting structure (33) of the first end plate (uppermost 13) comprises a third support surface (end surface of 33) for supporting a brick (12) at the first end plate (uppermost 13), and an upper end support (37) arranged to prevent movement of the brick (12) supported by the third support surface (end surface of 33) along the third support surface (end of 33) at the first end plate (uppermost 13).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Geisinger (US 2,005,030) in view of Yeo (US 10,138,635), Dorig (US 2020/0291659) and Judkins et al (“Judkins”) (US 4,480,416).
Re claim 31, Geisinger as modified discloses the mounting surface according to claim 27, wherein each mounting plate (14) of the plurality of mounting plates (14) comprises:
a rear surface (rear of 15) configured to be placed on (Fig. 2) a surface (right surface of 11) of the wall structure (11);
a front surface (front surface of 15) configured to face (Fig. 2) a first brick (15) and a second brick (15);
wherein the first mounting area (Fig. 2-3, between bottom and middle 21) comprises a first support surface (surface of top 23) arranged to support (Fig. 3) the first brick (13) at the mounting plate (14),
wherein the second mounting area (Fig. 2-3, between top and middle 21) comprises a second support surface (surface of the bottom 23) arranged to support (Fig. 3) the second brick (13) at the mounting plate (14),
wherein the locking grippers (19, 21) are arranged to lock (Fig. 2) the respective first brick (13) to the mounting plate (14) by providing a restraining structure (19, 20 and 21) preventing movement of (Fig. 2-3) the respective first brick (13) along the first support surface (surface of top 23),
wherein the first support surface (of upper 23) protrudes from (Fig. 2) the front surface (front of 15) such that the first support surface (surface of top 23) is spaced apart from (Fig. 2) the front surface (front of 15), and the second support surface (surface of bottom 23) protrudes from (Fig. 2) the front surface (surface of 15) such that the second support surface (surface of bottom 23) is spaced apart from (Fig. 2) the front surface (surface of 15),
wherein the first support surface (surface of upper 23) and the second support surface (surface of bottom 23) are on a same support plane (Fig. 2),
but fails to disclose the first mounting area having a hanger arranged to hang the first brick on the mounting plate from a recess behind the respective first brick, wherein the first support surface and the second support surface are portions of a support unit extending from the first mounting area, through the gripping area and to the second mounting area.
However, Yeo discloses the first mounting area (left surface of 100) having a hanger (110) arranged to hang (Fig. 3) the first brick (200) on the mounting plate (100) from a recess (210) behind the respective first brick (200).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger with the first mounting area having a hanger arranged to hang the respective first brick on the mounting plate from a recess behind the first brick (in addition to those features taught by Geisinger) as disclosed by Yeo in order to support a load of the brick from the rear surfaces thereof, instead of just the top and bottom, and to aid in aligning the bricks onto the mounting plate during assembly.
In addition, Judkins discloses wherein the first support surface (Fig. 3, of 24a/b) and the second support surface (Fig. 3, of 24a/b) are portions of a support unit (24) extending from the first mounting area (bottom area of 16), through the gripping area (middle area of 16), and to the second mounting area (top area of 16; as 24a/b extend the entire length of 16, each could be used on the sides adjacent 19/21 of Geisinger in place of 23).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger wherein the first support surface and the second support surface are portions of a support unit extending from the first mounting area, through the gripping area, and to the second mounting area as disclosed by Judkins in order to provide reinforcement along the entire length of the mounting plate, instead of select areas.
Response to Arguments
Objections to the Claims: Applicant’s argument with respect to the claim objections is persuasive and objection to the claims is hereby withdrawn.
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Response to Argument A:
Applicant first argues that Geisinger fails to disclose a mounting plate having first and second mounting areas separated by a gripping area with locking grippers. Applicant argues that the unit disclosed therein is a single support structure and does not include separate support areas for separate bricks. The Examiner respectfully disagrees, as outlined in the rejection above. An annotated figure is reproduced below for clarity of these features. Fig. 2 clearly shows element 14 engaged with numerous bricks. In Fig. 3, middle elements 19 and 21 are interpreted as the claimed “locking grippers” (19 and 21 shown in the circled gripping area below). These grippers serve to prevent vertical (downward) displacement of the bricks. Thus, they prevent movement of the brick along the disclosed support surfaces (of 15) and therefore reads on the claim.
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Response to Argument B:
Second, Applicant argues that Geisinger does not disclose first and second support surfaces that are portions of a support unit extending from the first mounting area, through the gripping area, and to the second mounting area, with the first and second support surfaces on the same plane. Under the new interpretation of the first and second mounting surfaces above, it is noted that Geisinger discloses the claimed mounting surfaces on features 23, and that this surface (the end thereof) is spaced from the surface of 15. These surfaces are planar, as the bricks are mounting in a planar, linear fashion. The feature requiring that the first and second support surfaces that are portions of a support unit extending from the first mounting area, through the gripping area, and to the second mounting area is a newly added feature. This feature is addressed above in view of Judkins.
Response to Argument C:
Third, Applicant argues that Yeo does not cure the deficiencies of Geisinger. Applicant contends that Yeo fails to disclose the features argued with respect to A and B above. Yeo is not relied upon disclosing these features rendering this argument moot.
Response to Argument D:
Fourth, Applicant argues that the Office Action fails to provide any rational underpinning as to the combination of Yeo and Geisinger. Applicant contends that the proposed modification would not be a simple substitution of known elements and would require substantial re-design. First, this is conclusory. Second, adding a hanger into the back of the brick as in Yeo is not a monumental leap of ingenuity. This is a very common method of attaching bricks to a structure. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger with the first mounting area having a hanger arranged to hang the first brick on the mounting plate from a recess behind the first brick (in addition to those features taught by Geisinger) as disclosed by Yeo in order to support a load of the brick from the rear surfaces thereof, instead of just the top and bottom, and to aid in aligning the bricks onto the mounting plate during assembly. It is common sense that adding such a feature to Geisinger would substantially increase load capacity while increasing strength and rigidity of the connection thereto.
Response to Argument E:
Fifth, Applicant argues that Treloar does not cure the deficiencies of Geisinger. Applicant contends that Treloar fails to disclose the features argued with respect to A and B above. Treloar is not relied upon disclosing these features rendering this argument moot.
Response to Argument F:
Sixth, Applicant argues that Dorig does not cure the deficiencies of Geisinger. Applicant contends that Dorig fails to disclose the features argued with respect to A and B above. Dorig is not relied upon disclosing these features rendering this argument moot.
Response to Argument G:
Seventh, Applicant argues that the cited references fail to disclose the claimed features of claim 27. Applicant argues that Geisinger does not disclose the plurality of plates connected together, and is instead directed to a single unit. Geisinger is not relied upon as disclosing this feature.
In addition, Applicant contends that Yeo fails to disclose the claimed mourning surface. Yeo is not relied upon disclosing these features rendering this argument moot.
In addition, Applicant contends that Dorig fails to disclose the claimed mourning surface. Dorig is not relied upon disclosing these features rendering this argument moot.
In addition, Applicant contends that the proposed modification would not be a simple substitution of known elements and would require substantial re-design. First, this is conclusory. Second, adding a hanger into the back of the brick as in Yeo is not a monumental leap of ingenuity. This is a very common method of attaching bricks to a structure. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate of Geisinger with the first mounting area having a hanger arranged to hang the first brick on the mounting plate from a recess behind the first brick (in addition to those features taught by Geisinger) as disclosed by Yeo in order to support a load of the brick from the rear surfaces thereof, instead of just the top and bottom, and to aid in aligning the bricks onto the mounting plate during assembly. It is common sense that adding such a feature to Geisinger would substantially increase load capacity while increasing strength and rigidity of the connection thereto. Third, adding the connection between adjacently aligned mounting plates as in Dorig is not a monumental leap of ingenuity. Connecting adjacent vertically aligned plates is extremely common and is useful in order to extend the height of the structure.
Response to Argument H:
Eighth, Applicant’s arguments concerning all remaining dependent claims are addressed by the above.
Response to Argument I:
Ninth, Applicant’s arguments concerning new claim 31 are addressed by the above rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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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.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
Prosecution Insights