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 1-12, 16-17 are pending.
Claims 13-15 are cancelled.
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) 1-3, 5, 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bilge (US 2008/0155917) in view of Griffiths (US 2009/0241444).
Re claim 1, Bilge discloses a ventilated facade clamping device (10, being capable of use with a ventilated façade), configured to be linked to substructure upright profiles (10 is capable of being lined to upright profiles, as this is a statement of intended use) which are in turn linked to an outer surface (14) of a building (14 being a wall structure) and wherein the ventilated facade clamping device (10) comprises:
- a plurality of tray panels (12), arranged adjacent to each other (Fig. 1) in several rows (Fig. 1) and equipped with:
○ a quadrangular front face (front face of 12, see Fig. 1);
○ an upper edge (top edge of 12), a lower edge (bottom edge of 12) and two side edges (left/right edges of 12) between the upper edge (top edge of 12) and the lower edge (bottom edge of 12), wherein the upper (top edge of 12), lower (bottom edge of 12) and two side edges (left/right edges of 12) extend perpendicularly to (Fig. 1, Fig. 4) the front face (front face of 12) and define an inner cavity (within 12, see Fig. 3-4) with said front face (front face of 12);
- an upper clamping feature (28) for each tray panel (12) which are linked to (Fig. 3-4) the tray panel (12) and are configured to be linked to an upright profile (28 is capable of linking to an upright profile) in a mounting situation (Fig. 4), wherein the at least two upper clamping feature (28) comprises:
○ an upper main body (42, 48, 50), housed in (Fig. 4) the inner cavity (within 12) and which in a mounting situation (Fig. 4) is linkable to (Fig. 4) one of the two side edges (left/right edges of 12) and to the upper edge (top edge of 12),
○ a first flange (32, 34, 40) extending from (Fig. 3) the upper main body (42, 48, 50) and protruding from (Fig. 4) the upper edge (upper edge of 12), wherein the first flange (32, 34, 40) is linkable to (Fig. 4) the lower edge (bottom edge of 12) of a tray panel (12) of another adjacent row (Fig. 4) and is configured to be attached to (Fig. 4) the upright profile (32/34/40 are capable of attaching to an upright profile) in a mounting situation (Fig. 4),
- a lower clamping feature (30) for each panel (12) which is linked (Fig. 3-4) to the tray panel (12) and which in a mounting situation (Fig. 4) link the lower edge (bottom edge of 12) of one of the rows (Fig. 1, Fig. 4) to the first flange (portion 34 of 32, 34, 40) of another of the rows (Fig. 4) and which are equipped with (Fig. 3):
○ a lower main body (62, 68, 70), partially housed in (Fig. 3) the inner cavity (within 12) which in a mounting situation (Fig. 4) is linked to one of the two side edges (left/right edges of 12) and to the lower edge (bottom edge of 12),
○ a second flange (60, 56, 52) extending from (Fig. 3) the lower main body (62, 68, 70) and facing a distance therefrom (Fig. 3) limiting a lower linking channel (54) that surrounds and retains (Fig. 4) the first flange (portion 34 of 32, 34 and 40) of an upper clamping feature (28) linked to the tray panel (12) of another row (Fig. 4),
- a longitudinal upper flange (24 on the top of 12) extending perpendicularly from a free end (end of 12) of the upper edge (top edge of 12) and which is partially linked to the first flange (within 44) of the upper clamping feature (28),
- a second section (37) which in a mounting situation (Fig. 4) makes contact with (Fig. 4) the upper flange (upper flange of 12 at 24) on one side (one side of 12) and on another side (outer side of 37) is configured to make contact with the upright profile (outer edge of 37 is capable of making contact with an upright profile, as this is a statement of intended use),
but fails to disclose the upper clamping feature as at least two upper clamping features, the lower clamping feature as at least two lower clamping features, - a first section extending from the upper section of the upper main body, - the second section extending from the first section, - a third section extending at an angle of about 90° from the second section in the direction towards the front face and covering the upper flange and - a fourth section extending at an angle of about 90° with respect to the third section in the direction opposite to the upper edge and which is housed in the lower linking channel in a mounting situation.
However, Griffiths discloses the upper clamping feature (90-94) as at least two upper clamping features (52; 90-94), the lower clamping feature (52 on the bottom, see [0028] disclosing 52 used on bottom flange 38) as at least two lower clamping features (52; [0028]).
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 ventilated façade clamping device of Bilge with the upper clamping feature as at least two upper clamping features, the lower clamping feature as at least two lower clamping features (instead of one single long clamping features on each) as disclosed by Griffiths in order to use less material by using a series of clips instead of a single, long clip, thus reducing material costs.
In addition, Griffiths discloses - a first section (see examiner comments) extending from the upper section (top section of that shown in the examiner comments) of the upper main body (see examiner comments), - the second section (see examiner comments) extending from the first section (see examiner comments), - a third section (see examiner comments) extending at an angle of about 90° from (Fig. 2) the second section (see examiner comments) in the direction towards the front face (front face of 22) and covering the upper flange (36, 38, as no contact or juxtaposition is required) and - a fourth section (see examiner comments) extending at an angle of about 90° (Fig. 2) with respect to the third section (see examiner comments) in the direction opposite to the upper edge (36) and which is housed in the lower linking channel (between 24 and 74) in a mounting situation (Fig. 2).
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 ventilated façade clamping device of Bilge with - a first section extending from the upper section of the upper main body, - the second section extending from the first section, - a third section extending at an angle of about 90° from the second section in the direction towards the front face and covering the upper flange and - a fourth section extending at an angle of about 90° with respect to the third section in the direction opposite to the upper edge and which is housed in the lower linking channel in a mounting situation as disclosed by Griffiths (such as in addition to the mounting disclosed therein) in order to provide additional fastening points to the underlying structure, thus increasing strength and rigidity of the connection thereto.
Re claim 2, Bilge as modified discloses the ventilated facade clamping device of claim 1, wherein the lower main body (62, 68, 70) of the lower clamping feature (30) comprises - a lower section (68) linked to the lower edge (bottom of 12) of the tray panel (12);- a lower front section (70) which contacts the front face (of 12, as no point of reference is provided) of the tray panel (12) and which extends from (Fig. 3) the lower section (68) and forms with (Fig. 3) the lower section (68) the same angle as (Fig. 4; both being 90 degrees) the angle formed by the lower edge (bottom of 12) and the front face (front face of 12) of the tray panel (12).
Re claim 3, Bilge as modified discloses the ventilated facade clamping device of claim 1, wherein the upper main body (42, 48, 50) of the upper clamping features (28) comprises at least a first side attachment feature (50) which is linkable to the two side edges (left/right edges of 12) of the tray panel (12).
Re claim 5, Bilge as modified discloses the ventilated facade clamping device of claim 1, wherein the lower main body (62, 68, 70) of the lower clamping features (30) comprises at least a second side attachment feature (70) which is linkable to the two side edges (left/right edges of 12).
Re claim 9, Bilge as modified discloses the ventilated facade clamping device of claim 1, but fails to disclose further comprising at least one first central feature between the upper clamping features and which is equipped with a same transversal section and at least one second central feature between the lower clamping features and which is equipped with a same transversal section, wherein the first and second central features are longer than the upper and lower clamping features.
However, Griffiths discloses further comprising at least one first central feature (59) between the upper clamping features (54) and which is equipped with a same transversal section (as additional 59) and at least one second central feature (59) between the lower clamping features (54; per the above pertaining to lower clamping features) and which is equipped with a same transversal section (as additional 59), wherein the first and second central features (59) are longer than (see Fig. 5, showing 90 longer than 91-94) the upper and lower clamping features (91-94).
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 ventilated façade clamping device of Bilge further comprising at least one first central feature between the upper clamping features and which is equipped with a same transversal section and at least one second central feature between the lower clamping features and which is equipped with a same transversal section, wherein the first and second central features are longer than the upper and lower clamping features as disclosed by Griffiths in order to shim the mounting brackets ([0024]).
Re claim 11, Bilge as modified discloses the ventilated facade clamping device of claim 1, wherein the upper main body (42, 48, 50) of the upper clamping feature (28) comprises - an upper section (42) linked to the upper edge (upper edge of 12) of the panel (12) and from which the first flange (32, 34, 40) extends (Fig. 3); - an upper front section (48) which makes contact with (Fig. 4) the front face (face of 12, as no point of reference is provided) of the panel (12) and which extends from the upper section (42) and forms with said upper section (42) the same angle as (Fig. 3; being 90 degrees) the angle formed by the upper edge (upper edge of 12) and the front face (face of 12) of the panel (12).
Claim(s) 4, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bilge (US 2008/0155917) in view of Griffiths (US 2009/0241444) and Prica et al (“Prica”) (US 2015/0308123).
Re claim 4, Bilge as modified discloses the ventilated facade clamping device of claim 1, but fails to disclose wherein a first side attachment feature comprises at least one side through cavity and the two side edges comprise at least one upper side bore, wherein the first side through cavity and the upper side bores are intended to house a first attachment feature.
However, Prica discloses wherein a first side attachment feature (side 74, Fig. 9) comprises at least one side through cavity (which receives 58) and the two side edges (20) comprise at least one upper side bore (which receives 58), wherein the first side through cavity (which receives 58) and the upper side bores (which receives 58) are intended to house a first attachment feature (58).
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 ventilated façade clamping device of Bilge wherein a first side attachment feature comprises at least one side through cavity and the two side edges comprise at least one upper side bore, wherein the first side through cavity and the upper side bores are intended to house a first attachment feature as disclosed by Prica in order to provide additional anchorage at the sides of the panel, increasing strength and rigidity of the structure.
Re claim 6, Bilge as modified discloses the ventilated facade clamping device of claim 1, but fails to disclose wherein the second side attachment feature comprises at least a second through cavity and the two side edges comprise at least one lower side bore, wherein the second side through cavity and the lower side bores are configured to house a first attachment feature.
However, Prica discloses wherein the second side attachment features (side 74, Fig. 9) comprises at least a second side through cavity (which receives 58) and the two side edges (20) comprise at least one lower side bore (which receives 58), wherein the second side through cavity (which receives 58) and the lower side bores (which receives 58) are configured to house a first attachment feature (58).
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 ventilated façade clamping device of Bilge wherein the second side attachment feature comprises at least a second through cavity and the two side edges comprise at least one lower side bore, wherein the second side through cavity and the lower side bores are configured to house a first attachment feature as disclosed by Prica in order to provide additional anchorage at the sides of the panel, increasing strength and rigidity of the structure.
Re claim 7, Bilge as modified discloses the ventilated facade clamping device of claim 4, but fails to disclose wherein the upper and lower main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the two side edges comprise two lower bores and two upper side bores.
However, Prica discloses wherein the upper and lower main bodies (74, per the above) comprise two side attachment features (two elements 74 on the two side edges of 12) which are ribbed protrusions (74 including numerous ribbing protrusions) defining a through cavity (which receives 58) respectively and the side edges (20) comprise two lower bores (which receives elements 58 on the lower side 74) and two upper side bores (which receives elements 58 on the upper side 74).
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 ventilated façade clamping device of Bilge wherein the upper and lower main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the two side edges comprise two lower bores and two upper side bores as disclosed by Prica in order to provide additional anchorage at the sides of the panel, increasing strength and rigidity of the structure.
Re claim 16, Bilge as modified discloses the ventilated facade clamping device of claim 6, but fails to disclose wherein the upper and lower= main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the two side edges comprise two lower bores and two upper side bores.
However, Prica discloses wherein the upper and lower main bodies (74, per the above) comprise two side attachment features (two elements 74 on the side edges of 12) which are ribbed protrusions (74 including numerous ribbing protrusions) defining a through cavity (which receives 58) respectively and the two side edges (20) comprise two lower bores (which receives elements 58 on the lower side 74) and two upper side bore (which receives elements 58 on the upper side 74).
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 ventilated façade clamping device of Bilge wherein the upper and lower main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the two side edges comprise two lower bores and two upper side bores as disclosed by Prica in order to provide additional anchorage at the sides of the panel, increasing strength and rigidity of the structure.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bilge (US 2008/0155917) in view of Griffiths (US 2009/0241444) and Reverend et al (“Reverend”) (US 4,070,835).
Re claim 8, Bilge as modified discloses the ventilated facade clamping device of claim 1, but fails to disclose wherein the upper flange comprises a first slot and the second section of the first flange of the upper clamping feature comprises a second slot partially coincident to the first slot in a mounting situation, both configured to house a third attachment feature.
However, Reverend discloses wherein the upper flange (per the above; 24) comprises a first slot (25) and the second section (of 20) of the first flange (21) of the upper clamping feature (20) comprises a second slot (which receives 22) partially coincident to (Fig. 2) the first slot (25) in a mounting situation (Fig. 1-2), both configured to house a third attachment feature (22).
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 ventilated façade clamping device of Bilge wherein the upper flange comprises a first slot and the second section of the first flange of the upper clamping feature comprises a second slot partially coincident to the first slot in a mounting situation, both configured to house a third attachment feature as disclosed by Reverend in order to allow for adjustments after mounting (Col 2 lines 39-45).
Claim(s) 10, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bilge (US 2008/0155917) in view of Griffiths (US 2009/0241444) and Bedford JR (US 2,607,971).
Re claim 10, Bilge as modified discloses the ventilated facade clamping device of claim 1, but fails to disclose comprising a backlash remover joint housed in the lower linking channel arranged between the first flange and each lower clamping feature.
However, Bedford JR discloses comprising a backlash remover joint (20) housed in the lower linking channel (between 16) arranged between the first flange (4) and each lower clamping feature (10).
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 ventilated façade clamping device of Bilge comprising a backlash remover joint housed in the lower linking channel arranged between the first flange and each lower clamping feature as disclosed by Bedford JR in order to secure parts in a slightly spaced configuration or to fasten without the need of drilling fastener receiving apertures (Col 1 lines 50-60).
Re claim 17, Bilge as modified discloses the ventilated facade clamping device of claim 3, but fails to disclose comprising a backlash remover joint housed in the lower linking channel arranged between the first flange and the lower clamping feature.
However, Bedford JR discloses comprising a backlash remover joint (20) housed in the lower linking channel (between 16) arranged between the first flange (4) and each lower clamping feature (10).
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 ventilated façade clamping device of Bilge comprising a backlash remover joint housed in the lower linking channel arranged between the first flange and each lower clamping feature as disclosed by Bedford JR in order to secure parts in a slightly spaced configuration or to fasten without the need of drilling fastener receiving apertures (Col 1 lines 50-60).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bilge (US 2008/0155917) in view of Griffiths (US 2009/0241444) and Crandell (US 4,307,551).
Re claim 12, Bilge as modified discloses the ventilated facade clamping device of claim 1, but fails to disclose comprising - an intermediate hanging feature equipped with an intermediate fixed end configured to be linked to the upright profile and an intermediate free end and;- a stiffening profile which extends longitudinally parallel to the upper edge and is partially housed in the inner cavity of the tray panel and is adhered to the front face, wherein the stiffening profile is a profiled part resting on the intermediate hanging feature and comprising a stiffening channel configured to house the intermediate free end.
However, Crandell discloses comprising - an intermediate hanging feature (76) equipped with an intermediate fixed end (74) configured to be linked to the upright profile (24) and an intermediate free end (76) and;- a stiffening profile (52) which extends longitudinally parallel to (Fig. 2) the upper edge (upper edge of 22) and is partially housed in the inner cavity (64 would be housed therein of Bilge, as modified) of the tray panel (22) and is adhered to (42) the front face (of 22), wherein the stiffening profile (52) is a profiled part (Fig. 2) resting on (Fig. 2) the intermediate hanging feature (72) and comprising a stiffening channel (proxiamte106) configured to house (Fig. 2) the intermediate free end (64).
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 ventilated façade clamping device of Bilge comprising - an intermediate hanging feature equipped with an intermediate fixed end configured to be linked to the upright profile and an intermediate free end and;- a stiffening profile which extends longitudinally parallel to the upper edge and is partially housed in the inner cavity of the tray panel and is adhered to the front face, wherein the stiffening profile is a profiled part resting on the intermediate hanging feature and comprising a stiffening channel configured to house the intermediate free end as disclosed by Crandell in order to space the panel from the underlying surface in an adjustable manner (Col 3 lines 29-32).
Examiner Comments
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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 102/103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
First, Applicant argues that the combination of Bilge and Griffiths fails to disclose the claimed “at least two upper clamping features” and the “at least two lower clamping features.” Applicant contends that Bilge discloses a system with a continuous clamping feature (a single clamping features) along the panel edges, whereas the claims currently require at least two upper and at least two lower clamping features. Applicant argues that modifying as per Griffiths to include at least two upper and at least two lower clamping features would still result in a system centered on continuous support structures. Griffiths very clearly shows “the upper clamping feature (90-94) as at least two upper clamping features (52; 90-94), the lower clamping feature (52 on the bottom, see [0028] disclosing 52 used on bottom flange 38) as at least two lower clamping features (52; [0028]).” The fact that Griffiths may or may not result in “continuous support” is not relevant to the claimed feature. Griffiths discloses the claimed feature, and modification would be obvious for those reasons above.
Applicant contends that in contracts, the present disclosure eliminates such continuous fastening reliance and instead defines a panel-centric architecture. It is entirely possible that the disclosure includes features which are not within Bilge or Griffiths, or that the intended benefits of the disclosure result in benefits not shown by Bilge or Griffiths. However, what governs are the specific claim limitations, not the specification or benefits thereof.
Applicant next argues that the prior art fails to disclose an upper clamping feature which (i) attaches to the upright profile and (ii) connects to the lower edge of a panel in an adjacent row. The language does not require an upper clamping feature which (i) attaches to the upright profile and (ii) connects to the lower edge of a panel in an adjacent row. The language requires that the upper clamping features (i) are configured to be linked to the upright profile and (ii) linkable to the lower edge of a tray panel of an adjacent row. As noted, these phrases are statements of intended use and do not positively recite such attachment/connection as argued.
Applicant next argues that the references fail to disclose “panel-to-structure fastening,” “inter-panel mechanical coupling across rows” and “participation in system-level geometry.” This particular language is directed to features which are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). However, as discussed above, as claimed, Bilge in view of Griffiths reads on the claims, due to the reasons stated herein.
Applicant next argues that the combination fails to disclose a first flange extending from the upper main body and protruding from the upper edge, wherein the first flange is linkable to the lower edge of a tray panel of another adjacent row. As noted above, linkable to the lower edge of a tray panel of an adjacent row is directed to a statement of intended use. There is no positively recited “inter-row coupling.” Only that a connector be in some manner “linkable” to another tray panel. Moreover, “linkable” is incredibly broad and requires no connection, attachment, abutment, juxtaposition, etc.
Lastly, Applicant argues that there is no motivation to combine in the manner described. Applicant contends that Bilge relies on continuous extrusions as essential elements, and thus, there would be no reason to modify Bilge to be at least two extrusions. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Modification from a single, continuous extrusion along the entire edge of a panel, to at least two, smaller extrusions along a portion of an edge of a panel, clearly results in less materials being used and thus reduces costs associated therewith.
Applicant’s arguments concerning the dependent claims have been considered and are addressed by the above.
Conclusion
THIS ACTION IS MADE FINAL. 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