DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because of the following:
Figs. 6B, 11A-11B, 13C, 15D, 16B, 17A, 18-22 and 24-26: The shading of each figure is dark resulting in the elements of the figure being difficult to distinguish. Further, the lines of the figures should be dark and distinct for legibility purposes.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Applicant is advised that should claim 2 be found allowable, claim 3 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claims 1-17 are objected to because of the following informalities:
With regard to claim 1: Line 1 of the claim, it appears limitation “the beam or post” should be –the hollow beam or post-- for consistency of the claim language. Line 9 of the claim, it appears the limitation “these four hollow outer projections” should be --these four diametrically opposed hollow outer projections-- for consistency of the claim language. Line 14 of the claim, it appears the limitation “the elements” should be --the straight surrounding elements-- for consistency and clarity of the claim language.
With regard to claim 2-13: Line 1 of each claim, it appears “The beam or post” should be --The hollow beam or post-- for consistency of the claim language.
With regard to claims 2-3: Line 3 of the claim, it appears the limitation “the hollow central element” should be --the straight profiled hollow central element-- for consistency of the claim language.
With regard to claim 4: Line 2 of the claim, it appears “each surrounding element” should be --each straight surrounding element-- for consistency of the claim language.
With regard to claim 5: Line 2 of the claim, it appears “each surrounding element” should be --each straight surrounding element-- for consistency of the claim language.
With regard to claim 6: Line 2 of the claim, it appears “the inner projections” should be --the hollow inner projections-- for consistency of the claim language. Line 2 of the claim, it appears “each surrounding element” should be --each straight surrounding element-- for consistency of the claim language.
With regard to claim 7: Line 2 of the claim, it appears “each surrounding element” should be --each straight surrounding element-- for consistency of the claim language. Line 3 of the claim, it appears the limitation “said outer face” should be --said straight outer face-- for consistency of the claim language.
With regard to claim 8: Line 2 of the claim, it appears “the inner projections” should be --the hollow inner projections-- for consistency of the claim language. Line 2 of the claim, it appears “each surrounding element” should be --each straight surrounding element-- for consistency of the claim language.
With regard to claim 16: Line 2 of the claim, it appears “posts” should be --the posts—for consistency of the claim language. Line 3 of the claim, it’s appears the limitation “the surrounding elements” should be --the straight surrounding elements-- for consistency of the claim language.
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 1-17 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.
With regard to claim 1: Line 5 of the claim, the limitation “the profile” lacks sufficient antecedent basis. Note that the core element is not limited to a single profile (cross-section). Line 7 of the claim, it’s unclear if the limitation “a straight hollow central element” is referencing the previously recited straight profiled hollow central element. For the purpose of examination, the limitation is considered to be directed to --the straight profile hollow central element--. Line 10 of the claim, the limitation “the adjacent hollow outer projections” lacks sufficient antecedent basis. For the purpose of examination, the limitation is considered to be directed to --adjacent ones of the four diametrically hollow projections--.
With regard to claims 2-3: Lines 1-2 of the claim, It’s unclear if the limitation “an inner end of a hollow outer projection” is referencing the narrowed inner ends of the four diametrically opposed hollow projections. Line 3 of the claim, the limitation “the hollow projection” lacks sufficient antecedent basis.
With regard to claim 4: Lines 4-6 of the claim, it’s unclear if each instance of the limitation “two adjacent surrounding elements” is referencing the previously recited straight surrounding elements. Line 5 of the claim, it’s unclear if the limitation “a segment” is referencing the previously recited segments. Line 5-6 of the claim, it’s unclear if the limitation “two adjacent surrounding elements” is referencing the previously recited straight surrounding elements.
With regard to claim 6: Line 4 of the claim, it’s unclear if the limitation “one part” is referencing the recited part of claim 5. For the purpose of examination, the limitation is considered to be directed to --one of the parts--. Lines 4-5 of the claim, the limitation “the inclined flank of an adjacent part” lacks sufficient antecedent basis. For the purpose of examination, the limitation is considered to be directed to –the inclined flange of an adjacent one of the parts--.
With regard to claim 7: Line 3 of the claim, it’s unclear as to how “each side” includes an inclined flank. It appears the “one side” and “the other side” of claim 6 would include inclined flanks, but not the “essentially straight outer side” of claim 5. Line 3 of the claim, the limitation “an inclined flank” is referencing the previously recited inclined flanks. For purpose of examination, the limitation is considered to be directed to --one of the inclined flanks--.
With regard to claim 9: Line 2 of the claim, it’s unclear if the limitation “an opening” is referencing one of previously recited openings. For the purpose of examination, the limitation is considered to be directed to --one of the openings--. Lines 2-3 of the claim, the limitation “the surrounding element” lacks sufficient antecedent basis. For the purpose of examination, the limitation --one of the straight surrounding elements--.
With regard to claim 10: Line 3 of the claim, the limitation “the projections” lacks sufficient antecedent basis. For the purpose of examination, the limitation is considered to be directed to --the projections of the elongated profile--. Line 4 of the claim, it’s unclear if the limitation “a surrounding element” is referencing the previously recited straight surrounding elements. For the purpose of examination, the limitation is considered to be directed to --one of the straight surrounding elements--.
With regard to claim 11: Line 2 of the claim, the limitation “each end” lacks sufficient antecedent basis. Note that a first elongated profile is not limited to two ends. Examiner suggests amending the limitation to recite --opposing ends--. Line 4 of the claim, it’s unclear if the limitation “a recess” is referencing the previously recited recesses on the straight outer face or the recess on one of the outer flanks. The limitation “the other recess of the surrounding element” lacks sufficient antecedent basis.
With regard to claim 12: Line 2 of the claim, it’s unclear if the limitation “two straight surrounding elements” is referencing the previously recites straight surrounding elements. Further, it’s unclear as to how two straight surrounding elements would form a square when assembled around the core element. Figure 1 of the instant application shows four straight surrounding elements (B) assembled with the core element forming a square. Further, it’s unclear if the formed “square” found in line 3 of the claim is the same square formed in claim 1. Line 4 of the claim, it’s unclear if the limitation “an inner wall” is referencing the previously recited inner wall of claim 1. Line 5 of the claim, it’s unclear if the limitation “two outer projections” is referencing the previously recited four diametrically opposed hollow outer projections. Line 6 of the claim, the limitation “the segment” lacks sufficient antecedent basis.
With regard to claim 13: Lines 1-2 of the claim, the limitation “the inner wall of each straight surrounding element” lacks sufficient antecedent basis. Note that that inner wall was defined with each one of the two straight surround elements of claim 12 and not the straight surrounding elements of claim 1. Line 3 of the claim, the limitation “the outer projections” lacks sufficient antecedent basis. Note that claim 12 recites “two outer projections” and claim 1 recites four diametrically opposed hollow outer projections.
With regard to claim 14: The scope of the claim is unclear. It’s not readily clear if the claimed “plurality of beams” and “plurality of posts” comprise the configuration of the hollow beam or post of claim 1.
With regard to claim 15: Line 2 of the claim, it’s unclear if the limitations “at least one beam” or “at least one post” are referencing the hollow beam or post of claim 1 or the plurality of beams and plurality of posts of claim 14. Line 3 of the claim, the limitation “the hollow of the central element” lacks sufficient antecedent basis. Is applicant referencing the straight profile hollow central element of claim 1?
With regard to claim 16: Line 2 of the claim, it’s unclear if limitation “the beams and/or posts” is referencing the hollow beam or post of claim 1 or the plurality of beams and plurality of posts of claim 14. Line 3 of the claim, the limitation “the end of the openings” lacks sufficient antecedent basis.
With regard to claim 17: Lines 2-3 of the claim, it’s unclear if the limitations “a central post” and “another post” are referencing are referencing the hollow beam or post of claim 1 or the plurality of posts of claim 14. Line 3 of the claim, the limitation “the construction” lack sufficient antecedent basis. For the purpose of examination, the limitation is considered to be directed to --the construction system--.
Claims 1-17 are examined as best understood.
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 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rixen (DE 20 2015 006 861 U1) in view Broens (EP 3 517 710 A1).
With regard to claim 1: Rixen discloses a hollow beam or post for a construction system (fig. 1-2 and 4-5), the beam or post comprising:
a core element (12, supporting profile) formed of a straight profiled hollow central element (12) (figs. 1-2 and 4-5), and
straight surrounding elements (14) which are assembled around the core element (12) in correspondence with a profile thereof (fig. 1-5), forming a shape surrounding the core element (12) (fig. 1), wherein,
the core element (12) formed of the straight profile hollow central element having a cross-section provided with four diametrically opposed hollow outer projections (A) in the shape of outwardly flaring dovetails, which are arranged crosswise, these four diametrically opposed hollow outer projections (A) having narrowed inner ends which are spaced apart from the narrowed inner ends of adjacent ones of the four diametrically opposed hollow outer projections (A) and are connected by segments (bottom walls of grooves 16) of the hollow central element (12), and the straight surrounding elements (14) are hollow and each has an inner wall (B) whose internal shape is complementary to the four diametrically opposed outer projections (A) of the core element (12) and its segments (bottom walls of grooves 16) when the straight surrounding elements (14) are assembled around the core element (12) (figs. 1-2).
Rixen does not disclose that the shape surrounding the core element is a square.
However, Broens discloses a hollow beam or post having straight surrounding element (11d) which are assembled around a core element (1c) in correspondence with a profile thereof, forming a square surrounding the core element (1c) (figs. 7-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hollow beam or post of Rixen to have the shape surrounding the core element be a square such as taught by Broens in order to provide a construction with a desired aesthetic. Absent some showing of criticality, the claimed shapes are nothing more than several of numerous shapes a person of ordinary skill in the art would find obvious for the purpose of aesthetic appeal. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). Further, no new or unpredictable results would be obtained from modifying the shape surrounding the core element to be any desired shape including the claimed square. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
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Fig. 2: Rixen (DE 20 2015 006 861 U1)
With regard to claims 2-3: RIxen discloses that the inner end of each of the hollow outer projection (A) is connected, by an extension of a segment of the straight profiled hollow central element (12), to the opposite outer end of said respective hollow outer projection (fig. 2).
With regard to claim 12: Rixen discloses each core element (12) is associated with the straight surrounding elements (14) each of which are assembled around the core element (12) forming the shape surrounding the core element (12), each one of the straight surrounding elements (14) comprising the inner wall (B) which, when the straight surrounding elements (14) are assembled around the core element (12), covers two of the four diametrically opposed hollow outer projections (A) of the hollow central element as well as the segment (bottom walls of groove 16) connecting these two outer projections (A) (figs. 1-2). Rixen as modified by Broens discloses that the shape surrounding the core element is a square.
With regard to claim 13: Rixen discloses that the inner wall (B) of each straight surrounding element (14) comprises a plurality of hollow outer profiles arranged outside the inner wall, these hollow outer profiles covering the two outer projections (A) as well as the segment (bottom wall of groove 16) connecting these two outer projections (A) (figs. 1-2).
Claim(s) 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rixen (DE 20 2015 006 861 U1) in view Broens (EP 3 517 710 A1) and in Mehltretter (EP 4 397 447 A1).
With regard to claim 14: Rixen in view of Broens discloses an assembly of a hollow beam or post for a construction system according to claim 1.
Rixen in view of Broens does not disclose that the hollow beam or post comprising a plurality of the hollow beams of all the same length and a plurality of the hollow posts of all the same length.
However, Mehltretter discloses an assembly of several hollow beams or posts for a construction system, comprising a plurality of beams (421, 423 or 422, 424) of all the same length and a plurality of posts (431-434) of all the same length forming a frame (figs. 1-2 and 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of Rixen previously modified by Broens to include the hollow beam or post comprising a plurality of the hollow beams of all the same length and a plurality of the hollow posts of all the same length such as taught by Broens in order to create frame structure having substantially uniform length, width and height.
With regard to claim 15: Mehltretter discloses at least one of the beams or at least of the posts is reinforced by a cylindrical part (clamping element 249) inserted into the hollow of the central element of a core element.
With regard to claim 16: Rixen as modified by Broens and Mehltretter discloses that the beams and/or the posts are assembled by a butt-joint by inserts (via clamping elements 249 of Mehltretter) inserted in ends of openings (of the core element) extending along the surrounding elements.
With regard to claim 17: Rixen as modified by Broens and Mehltretter discloses two adjacent sides of a central post of the plurality of posts are each attached to another post, the height of the construction system being determined by the length of the central post.
Allowable Subject Matter
Claims 4-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The combination of all the elements of the claimed hollow beam or post for a construction system including each straight surrounding element comprising two inner projections which engage around the dovetail shape of one of the diametrically opposed outer projections of the core element, the inner projections of two adjacent surrounding elements of the straight surrounding elements filling the space around one of the segments of the central hollow element and between the two adjacent hollow projections of the core element, in particular the two inner projections being hollow are not adequately taught or suggested in the cited prior art of record. While hollow projections are known in the art, it would not been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each straight surrounding element of Rixen to have the inner projections to be hollow without compromising the structural integrity of the inner projections due to their configurations being narrow and tapered.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited are directed to beams or posts for construction systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSIE T FONSECA whose telephone number is (571)272-7195. The examiner can normally be reached 7:00am - 3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSIE T FONSECA/Primary Examiner, Art Unit 3633