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 .
Election/Restrictions
Claim 5 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/16/2026.
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 1-4, 6, 8, 10-12,14-22 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 limitation "the closest points" in line 5. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 4 recites the limitation "the attachment line" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 4 recites the limitation "the center of the flange members" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 8, it is unclear how the plate portion width can be greater that closest points on each flange member when the plate portion, at a 90 degree angle, is situated between those points. The examiner will examine as best understood with the plate portion with being lesser than the recited dimension. Appropriate correction is required.
Claims 10 and 22 recites the limitations "their (respective) edges" and “their (respective) centers.” There is insufficient antecedent basis for these limitations in the claim. Further, it is unclear what component is being referred to by the term their. The examiner will examine as best understood with the closest points on the flanges located at the flange center or edge. Appropriate correction is required.
Claims 2-3, 6, 11-12, 14-21 rejected under 35 USC as being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-4, 6, 8, 10-12, 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Navon, U.S. Patent 5,553,437 in view of Marks, U.S. Patent 2,913,076.
Regarding claim 1, Navon discloses a structural section comprising: a first and second flange members (13, 15), each having a front surface (inwardly facing surface, see Figs.) facing each other and a back surface (outwardly facing surface) non-facing each other; wherein the first flange member and second flange member are aligned alongside each other spaced at a distance X measured between the closest points on each flange member and (as shown in Figs.); and a web member (50), each having plate portion (see Fig. 6 reproduced below) with a length (defined by the front edge and rear edge as illustrated in Fig. 2), a width (from the top edge to the bottom edge of 50, see Fig. 6), a first edge region (see Fig. 6 reproduced below), a second edge region (see Fig. 6 reproduced below), a third edge region (upper edge along the length) and a fourth edge region (lower edge along the length), the first edge region and the second edge region lying across the width of the plate portion (see Fig. 6 reproduced below), the third edge region and the fourth edge region across the length of the plate portion (see Fig. 2, generally), the width of the plate portion defining the spacing between the first flange member and the second flange member (as shown in Fig. 6), wherein the web member is physically coupled to the first and second flange members (via 18) of each flange member, and the web member is bent (at 52, 54) so that that the plate portion lies at an angle ranging between 90 and 110 degrees with the first flange member and second flange member (see Fig. 6, generally), but does not disclose a plurality of web members, nor the web member physically coupled/attached to the front or back surface of the first and second flange members. Marks teaches a similarly shaped structural section (10) having a web portion (13) including intermittent openings (see Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a plurality of web members being spaced to save on material costs when design loads do not require the strength of a solid web, and since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. Navon teaches the use of adhesives as a fastening means (col. 3, lines 9-12). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize an adhesive between the first and second edge regions and the flange members when adhesives are already being utilized for the member, to further secure the web member to the flanges, or to hold the web member in place prior to insertion of a mechanical fastener.
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Regarding claim 2, the prior art discloses a structural section but does not specifically disclose wherein the web members are spaced at a distance of 50 to 300 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to space the web members at a distance of 50 to 300 mm depending on the design loads and the strength required.
Regarding claim 3, Navon discloses a structural section wherein the web members are bent along an attachment line between the flange members and web members (at bend adjacent 52 and 54).
Regarding claim 4, Navon discloses a structural section wherein the attachment line lies along the center of the flange members (see Fig. 6).
Regarding claim 6, Navon discloses a structural section wherein the lightweight construction element is I-shaped or U-shaped (see Fig. 6).
Regarding claim 8, Nevan discloses a structural section wherein the width of the plate portion is equal or [lesser than] than to the distance X measured between the closest points on each flange member (see Fig. 6, generally), as best understood in light of the specification.
Regarding claim 10, Navon discloses a structural section wherein the closest points for measuring distance X there between the flange members lies at their respective edges or at their respective centers or at respective points lying between their edges and their centers (any same opposite point of opposing flanges).
Regarding claim 11, the prior art, as modified, discloses a structural section, but does not specifically disclose wherein the web members are spaced such that length of the web member is not equal to the length of the flange members. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to space the web members at a distance of according to a spacing required by the design loads and the strength required, including such that a that length of the web member is not equal to the length of the flange members.
Regarding claim 12, Navon discloses a structural section wherein the lightweight construction element comprises plastic, polymer, cardboard, wood, steel or other metals (col. 3, lines 26-30).
Regarding claim 14, Navon discloses a structural section wherein the lightweight construction element is manufactured in whole or in parts (see Fig. 6 which illustrates multiple parts).
Regarding claim 15, Navon discloses a structural section wherein the lightweight construction element is a drywall stud (col. 9, lines 65-67).
Regarding claim 16, the prior art, as modified, discloses a structural section comprising: placing the first and second flange members alongside each other spaced at the distance X measured between the closest points on each flange member (as shown in Fig. 6 of Nevon);placing the plurality of web members (as previously modified) spaced at a predetermined distance either on the front surface or back surface of the flange members respectively with their first and second edge regions respectively on the first and second flange members (as shown in Fig. 6 of Nevon); and coupling the plurality of web members to the flange members along a predetermined attachment line (at bend adjacent 52 and 54 of Nevon).
Regarding claim 17, the prior art discloses a structural section wherein the web members are planar web members and require bending of the web members along the attachment line at an angle ranging between 90 - 110 degrees (see Fig. 6 of Navon, generally).
Regarding claim 18, the prior art, as modified, discloses a structural section wherein the plurality of web members are pre-formed and the first and second edge regions are at an angle ranging from 90 to 110 degrees to the plate portion (see Fig. 6 of Navon reproduced above).
Regarding claim 19, the prior art discloses a structural section but does not specifically disclose wherein the predetermined distance ranges between 50 - 300 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to space the web members are a distance of 50 to 300 mm depending on the design loads and the strength required.
Regarding claim 20, Navon discloses a structural section wherein the coupling is done by screwing, riveting, bolting, nailing, welding, clinching or crimping (col. 3, lines 9-10).
Regarding claim 21, Navon discloses a structural section wherein the coupling is done on the front surface or back surface of the flange members (front surface, see Fig. 6).
Regarding claim 22, Navon discloses a structural section wherein the attachment line lies along the center of the flange members or the edges of the flange members, respectively lying closest to each other (as shown in Fig. 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GISELE D FORD whose telephone number is (571)270-7326. The examiner can normally be reached M-T,Th-F 7:30am-4:30pm.
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633