DETAILED ACTION
Receipt is acknowledged of Applicant’s Response, dated 11 February 2026, which papers have been made of record.
Claims 1-11 are currently presented for examination, of which claim 11 has been withdrawn from consideration.
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.
Election/Restrictions
Applicant's election with traverse of Group I, claim 1-10, in the reply filed on 11 February 2026 is acknowledged. The traversal is on the ground(s) that Applicant asserts “that claims 1-11 relate to a single general inventive concept and satisfy the requirements for unity of invention under 37 CFR 1.475.” Applicant asserts that claim 11 is directed to a truss structure comprising elements manufactured by the method of claim 1, and thus “the present claims fall within the unified category of a product and a process specially adapted for the manufacture of said process.”
This is not found persuasive because, while Applicant’s arguments are forceful, the MPEP instructs that “[e]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” (See MPEP 2113(I)). The MPEP further instructs that “[t]he structure implied by the process steps should be considered when assessing the patentability of product-by-process claims over the prior art, especially where the product can only be defined by the process steps by which the product is made, or where the manufacturing process steps would be expected to impart distinctive structural characteristics to the final product.” (MPEP 2113(I)). Even though Applicant asserts that the structure of claim 11 is formed by the method of claim 1, the product could be formed by another and materially different process, there is nothing of record that suggests that the structure produced by the method of claim 1 imparts any distinctive structural characteristics to the final product. Phrased differently: though the product as claimed in claim 11 is formed by a process of claim 1, the product can nonetheless be formed by another and materially different process.
Applicant notes that the Office has made a finding of lack of unity over Korea Patent Application Publication KR 102168857. Applicant asserts that the claims remain linked by special technical features, and that the restriction should be withdrawn. Applicant asserts that the KR 102168857 reference fails to teach fixing the main rod in a clamping jaw. Applicant asserts that the reference is silent as to a manufacturing fixture, vice, or clamping jaw.
The examiner respectfully disagrees. The Office Action of 11 December 2025 identifies two alternative interpretations for a clamping jaw within the prior art (see Office Action at paragraph 5). The claims do not recite a fixture or vice, and arguments directed thereto are not persuasive.
Applicant further argues that KR 102168857 is presented with an alternative interpretation such that brackets 11, 12 are interpreted as jaws, and that such brackets are rigid structural components of the finished truss element which remain part of the final assembly. Applicant asserts that a person of ordinary skill would not interpret permanent structural brackets as clamping jaws.
The examiner respectfully disagrees. The claims do not require removal or non-permanence of any jaws, nor suggest any permanence for the jaws. The proposed standard for interpreting the structure does not find support within the claim itself.
Applicant further asserts that KR 102168857 does not disclose cross rods welded to the main rods. Applicant asserts interpreting welded brackets as cross rods “assigns a non-standard meaning to the term ‘cross rods.’” Applicant does not appear to provide a “standard” meaning for the term “cross rods.” Instead, Applicant appears to suggest a different structure which does not read on the claim must be interpreted as a cross rod.
The examiner respectfully disagrees. Applicant’s arguments appear to conclude that the cross rods identified in the Restriction of 11 December 2025 are not cross rods, however Applicant does not provide evidence supporting that the concept that one having ordinary skill in the art would not find those cross rods to be, in fact, cross rods. It is unclear what structure or structures about the cross rods (11, 12) fails to read on the claimed limitation as being “standard.”
Applicant separately asserts that rods taught by the KR 102168857 reference are fastened, not welded. Applicant asserts that the allegedly removable bolted connection is fundamentally different from a “claimed permanent welded cross-rod connection.”
In contrast, KR 102168857 teaches that components may be joined by bolts, welds, or holes (see page 3, lines 9-12). The reference is understood to teach that the components may in fact be welded together.
The requirement is still deemed proper and is therefore made FINAL.
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 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the pronoun “its” at line 4. It is difficult to determine to which previously presented claim element the pronoun refers. Applicant could overcome this rejection by reciting the claim elements each time they are to be referenced.
Claims 2-10 each depend from claim 1, and therefore are rejected for at least the reasons presented above with respect to claim1.
Claim 5 recites the pronoun “it” at line 2. It is difficult to determine to which previously presented claim element the pronoun refers. Applicant could overcome this rejection by reciting the claim elements each time they are to be referenced.
Claim 6 recites the limitation "the step of forming the connecting member" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 depends from claim 6, and therefore is rejected for at least the reasons presented above with respect to claim 6.
Claim 8 recites the limitation "the step of forming the connecting member" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 depends from claim 8, and therefore is rejected for at least the reasons presented above with respect to claim 8.
Claim 10 recites the limitation "the step of forming the connecting member" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Each of claims 6, 8, and 10 recites “the step of forming the connecting member,” however claim 1, from which each ultimately depends, recites “forming or attaching a connecting member” at line 10. It is unclear whether each of claims 6, 8 and 10 includes a typographical error, or is, perhaps, only directed to the forming alternative as currently written. If Applicant intends the alternative recited in claim 1 to be selected as the forming recited in each of claims 6, 8 and 10, the examiner recommends language such as “wherein the forming or attaching is forming, and the forming the connecting member …” to clarify that each claim reflects only the forming.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korean Patent Application Publication KR 102168857 (hereinafter “KR ‘857”).
Regarding claim 1, KR ‘857 discloses a method of manufacture of an element of a truss structure (see Fig. 1; A), this method comprising providing at least two main rods (10), wherein each main rod (10) has a constant cross section (see detail in Fig. 2 and Fig. 3) with a partially curved circumference (corners of profile shown filleted or curved) over a majority of its length (see Fig. 1) and comprises at least one plane surface (lowermost planar surface in Fig. 3, two upstanding/vertical sidewalls in Fig. 3) passing along an axis (axis into the page) of the main rod (10) over the majority of the length of the given main rod (10), wherein the method further comprises, for each main rod, the steps of: fixing the main rod (10) in a clamping jaw (11, 12, or 110; see Fig. 4), wherein the clamping jaw is engaged with at least one plane surface (see Fig. 4) of the main rod (10); and forming or attaching a connecting member (17 or 22; see page 7 of English machine translation at first three paragraphs) for connection to another element (13) of the truss structure (see Fig. 2) at at least one end (see Fig. 1) of the main rod (10) while the main rod is fixed in the clamping jaw (11, 12), wherein the connecting member or a part thereof is implemented in a preset location (located along a particular predictable angular position; see Fig. 1); and wherein the method further comprises a firm connection of the main rods (10) by cross rods (110, 13; see Fig. 2) welded to the main rods on the plane surfaces of the main rods being connected (see page 4 of English machine translation; support body and bracket body may be integrated by welding a contact surface or fastening with a bolt).
Regarding claim 2, KR ‘857 discloses the limitations of claim 1, and further KR ‘857 discloses forming or attaching the connecting member (17 or 22) comprises providing a housing (190) with a connecting opening (180; see Figs. 4 and 7), fixing the housing in the clamping jaw (11, 12) and attaching the housing (190) to the main rod (10), wherein the preset location for implementing the connecting member or a part thereof is realized as a preset angle between axis of the connecting opening (180) and a normal of at least one plane surface (side surfaces of 10) in projection into a plane perpendicular to the axis of the main rod (10).
Regarding claim 3, KR ‘857 discloses the limitations of claim 1, and further KR ‘857 discloses that the partially curved circumference (curved corners of 10) of the cross-section of the main rod (10) has the shape of part of a circle or ellipse (see Fig. 3; rounded corners can be mapped onto a part of a circle).
Regarding claim 4, KR ‘857 discloses the limitations of claim 1, and further KR ‘857 discloses that at least one plane surface (side planar surfaces; see Fig. 3) is provided with a groove (unnumbered seam extending vertically through member 10; best seen in Fig. 7) passing along the axis of the main rod (10; see Fig. 3).
Regarding claim 5, KR ‘857 discloses the limitations of claim 4, and further KR ‘857 discloses that it further comprises a step of forming at least one vent opening (apertures through which bolt 18 is shown; see Fig. 7), wherein the at least vent opening is formed in the groove (102).
Allowable Subject Matter
Claims 6-10 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:
As best understood, each of claims 6, 8, and 10 are directed to a method of manufacturing an element of a truss including a step of forming or attaching a connecting member, wherein the step of forming or attaching the connecting member is a step of forming the connecting member. The prior art of record is understood to teach attaching a connecting member to a main rod, rather than forming the connecting member of the connecting rod, and thus does not fairly teach the limitations of claims 6, 8, and 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication 2020/0292126 to Bruyninckx teaches a truss assembly method including truss main rods (2) defining a non-circular cross section (see Fig. 9) and having a plurality of cross rods (5).
United States Patent 7,823,347 to Blinn teaches a truss assembly method including truss main rods (1) having planar surfaces (sides of extensions 3) for attaching cross members (80; see Fig. 11).
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/DARRELL C FORD/Examiner, Art Unit 3726