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 Objections
Claim 4 is objected to because of the following informalities: Claim 4 recites, “wherein first side” in line 1, and it appears intended to recite, “wherein a first side.” 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 1-12 and 16-17 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.
Re claim 1, claim 1 recites, “the device” in line 2-3, “the edges,” in line 8, “the clamping features” in line 12, “the side edges” in line 14, “the side edges” in line 23. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the ventilated façade clamping device,” “the upper, lower, and two side edges,” “the at least two upper clamping features,” “the two side edges” and “the two side edges” and will be interpreted as such.
In addition, claim 1 recites either “the panel” or “each panel” throughout. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to recite, “a tray panel” and/or “each tray panel” and will be interpreted as such.
Re claims 2-12 and 16-17, each recites, “the device” in line 1. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the ventilated façade clamping device” and will be interpreted as such.
Re claims 2-3, and 11-12, each recites either “the panel” or “each panel” throughout. There is insufficient antecedent basis for these limitations in the claims. It appears this language is intended to recite, “a tray panel” and/or “each tray panel” and will be interpreted as such.
Re claim 2, claim 2 recites, “the lower clamping feature” in line 1-2. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “each lower clamping feature” and will be interpreted as such.
Re claim 3, claim 3 recites, “the side edges” in line 2-3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the two side edges” and will be interpreted as such.
Re claim 4, claim 4 recites, “the side edges” in line 2. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the two side edges” and will be interpreted as such.
Re claim 5, claim 5 recites, “the side edges” in line 3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the two side edges” and will be interpreted as such.
Re claim 6, claim 6 recites, “the side edges” in line 2 and “the second side through cavity” in line 3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the two side edges” and “the second through cavity” and will be interpreted as such.
Re claim 7, claim 7 recites, “the main bodies” in line 1 and “the side edges” in line 3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the upper and lower main bodies” and “the two side edges” and will be interpreted as such.
Re claim 9, claim 9 recites, “the same transversal section” in line 3, “the same transversal section” in line 4, “the central features” in line 5 and “the clamping features” in line 5. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “a same transversal section,” “a same transversal section,” “the first and second central features” “the upper and lower clamping features” and will be interpreted as such.
Re claim 10, claim 10 recites, “the lower clamping feature” in line 2-3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “each lower clamping feature” and will be interpreted as such.
Re claim 16, claim16 recites, “the main bodies” in line 1 and “the side edges” in line 3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the upper and lower main bodies” and “the two side edges” and will be interpreted as such.
Re claim 17, claim 17 recites, “the lower clamping feature” in line 2-3. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “each lower clamping feature” and will be interpreted as such.
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, the device being capable of use with a ventilated façade), intended 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 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 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 panel (12) which are linked to (Fig. 3-4) the panel (12) and are intended to be linked to an upright profile (28 is capable of linking to an upright profile) in a mounting situation (Fig. 4), wherein the 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 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 panel (12) of another adjacent row (Fig. 4) and is intended 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 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 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 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 intended 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 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 panel (12);- a lower front section (70) which contacts the front face (of 12, as no point of reference is provided) of the 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 panel (12).
Re claim 3, Bilge as modified discloses the 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 side edges (left/right edges of 12) of the panel (12).
Re claim 5, Bilge as modified discloses the 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 side edges (left/right edges of 12).
Re claim 9, Bilge as modified discloses the 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 the same transversal section and at least one second central feature between the lower clamping features and which is equipped with the same transversal section, wherein the central features are longer than the 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 the 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 the same transversal section (as additional 59), wherein the central features (59) are longer than (see Fig. 5, showing 90 longer than 91-94) the 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 the same transversal section and at least one second central feature between the lower clamping features and which is equipped with the same transversal section, wherein the central features are longer than the clamping features as disclosed by Griffiths in order to shim the mounting brackets ([0024]).
Re claim 11, Bilge as modified discloses the 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 device of claim 1, but fails to disclose wherein first side attachment feature comprises at least one side through cavity and the 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 first side attachment feature (side 74, Fig. 9) comprises at least one side through cavity (which receives 58) and the 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 first side attachment feature comprises at least one side through cavity and the 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 device of claim 1, but fails to disclose wherein the second side attachment feature comprises at least a second through cavity and the side edges comprise at least one lower side bore, wherein the second side through cavity and the lower side bores are intended 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 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 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 the second side attachment feature comprises at least a second through cavity and the side edges comprise at least one lower side bore, wherein the second side through cavity and the lower 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 7, Bilge as modified discloses the device of claim 4, but fails to disclose wherein the main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the side edges comprise two lower bores and two upper side bores.
However, Prica discloses wherein the main bodies (74) 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 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 main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the 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 device of claim 6, but fails to disclose wherein the main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the side edges comprise two lower bores and two upper side bores.
However, Prica discloses wherein the main bodies (74) 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 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 main bodies comprise two side attachment features which are ribbed protrusions defining a through cavity respectively and the 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 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 intended 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 intended 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 intended 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 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 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 the 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 the 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 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 the 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 the 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 device of claim 1, but fails to disclose comprising - an intermediate hanging feature equipped with an intermediate fixed end intended 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 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 intended to house the intermediate free end.
However, Crandell discloses comprising - an intermediate hanging feature (76) equipped with an intermediate fixed end (74) intended 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 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) intended 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 intended 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 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 intended 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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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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