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 . 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 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.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the injection orifice, as set forth in claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 1 is objected to because at line 4, “at least two types of extrusions, a receiver extrusion and an insertion extrusion” should read -- at least two types of extrusions, including a receiver extrusion and an insertion extrusion--, as best understood by the Examiner. This issue is also present in claim 20, line 5. Appropriate correction is required.
Claim Rejections - 35 USC § 112
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9 and 19 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 9 recites the limitation, “the receiver extrusion and insertion extrusion are instead the ends of a component extrusion and the component extrusion may have either a receiver extrusion end or an insertion extrusion end.” Claim 9 fails to further limit the subject matter of claim 1, in that the limitation omits and replaces “the receiver extrusion and insertion extrusion” and replaces them with a different structure.
Claim 19 recites the limitation, “the cutting a channel into at least one end of the receiver extrusion step is instead replaced with the step of cutting an aperture into at least one end of the receiver extrusion.” Claim 19 fails to further limit the subject matter of claim 11, in that the limitation omits and replaces “the cutting a channel into at least one end of the receiver extrusion step” and replaces it with the cutting of an aperture.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-3, 5, 6, 9-16, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 686687 (Baumann; the citations of which are taken from the attached translation).
Regarding claim 1, Baumann discloses a device for the assembly of components (see Figures 1 and 2), the device comprising:
a receiver joint (2) wherein the receiver joint is comprised of at least two apertures (5, 6) configured to receive at least one type of extrusion (see Figures 1 and 2); and
at least two types of extrusions, a receiver extrusion (1) and an insertion extrusion (3), wherein;
the receiver extrusion has a channel (7) cut into at least one end of the receiver extrusion (see Figure 1); and
the insertion extrusion is shaped to fit into the channel cut into the at least one end of the receiver extrusion (via 8; see Figures 1 and 2).
Regarding claim 2, Baumann discloses the receiver extrusion (1) is inserted into one of the at least two apertures (5) of the receiver joint (2) and the insertion extrusion (3) is inserted into one of the at least two apertures (6) of the receiver joint such that the insertion extrusion is also inserted into the channel (7) of the receiver extrusion (see Figures 1 and 2).
Regarding claim 3, Baumann discloses the receiver extrusion (1) and insertion extrusion (3) are bonded to the receiver joint (2; see Figures 1 and 2, and paragraph [0005]).
Regarding claim 5, Baumann discloses the receiver joint (2) is comprised of at least one bonding groove on an internal face of the receiver joint (see Figure 1, where the internal faces of either of the apertures 5 and 6 form a bonding groove).
Regarding claim 6, Baumann discloses a bonding agent is applied to the at least one bonding groove prior to the insertion of the receiver extrusion (1) and insertion extrusion (3) into the at least two apertures (5, 6) of the receiver joint (2) and the bonding agent is in contact with an external face of the receiver extrusion and an external face of the insertion extrusion (see paragraph [0005]).
Regarding claim 9, Baumann discloses the receiver extrusion (1) and insertion extrusion (3) are instead the ends of a component extrusion and the component extrusion may have either a receiver extrusion end or an insertion extrusion end (see Figures 1 and 2, and the 112 rejection above).
Regarding claim 10, Baumann discloses at least one injection orifice on an outer face configured to receive the bonding agent (see paragraph [0005]) and channel the bonding agent into the bonding grooves (the openings of the respective apertures 5, 6 forming orifices for a bonding agent; see Figure 1).
Regarding claim 11, Baumann discloses a method for the assembly of components (see Figures 1 and 2), the method comprising:
forming a receiver joint (2) wherein the receiver joint is comprised of at least two apertures (5, 6) where each of the at least two apertures is configured to receive at least one type of extrusion and extrusions inserted into each of the at least two apertures would intersect at some point inside the at least two apertures (see Figures 1 and 2);
forming a receiver extrusion (1);
cutting a channel (7) into at least one end of the receiver extrusion (see Figure 1);
forming an insertion extrusion (3) shaped to fit into the channel of the receiver extrusion (via 8; see Figure 1);
inserting the receiver extrusion into an aperture (5) of the receiver joint (see Figures 1 and 2); and
inserting the insertion extrusion into an aperture (6) of the receiver joint such that it also inserts into the channel of the receiver extrusion (see Figures 1 and 2).
Regarding claim 12, Baumann discloses the method further comprises the steps of: bonding the receiver extrusion 91) to the receiver joint at the aperture (5) of the receiver joint (2) it has been inserted into; and
bonding the insertion extrusion (3) to the receiver joint at the aperture of the receiver joint it has been inserted into (see Figures 1 and 2, and paragraph [0005]).
Regarding claim 13, Baumann discloses the forming a receiver joint (2) step of the method further comprises: forming one or more bonding grooves onto an inner face of the receiver joint (see Figure 1, where the internal faces of either of the apertures 5 and 6 form a bonding groove).
Regarding claim 14, Baumann discloses the method further comprises the step of: injecting a bonding agent inside the receiver joint (2) into the one or more bonding grooves of the inner face of the receiver joint (2; see Figures 1 and 2, and paragraph [0005]).
Regarding claim 15, Baumann discloses: bonding the receiver extrusion (1) and insertion extrusion (3) at a point of contact of the insertion extrusions and the channel of the receiver extrusion (Figures 1 and 2, and paragraph [0005]).).
Regarding claim 16, Baumann discloses the forming a receiver joint (2) step of the method further comprises: applying a texture to the one or more bonding grooves (the cutting of the apertures 5, 6 providing a texture to the surface of the receiver joint).
Regarding claim 19, Baumann discloses the cutting a channel (7) into at least one end of the receiver extrusion (3) step is instead replaced with the step of cutting an aperture into at least one end of the receiver extrusion (see Figure 1 and the 112 rejection above).
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.
Claims 7, 8, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Baumann in view of US 10,174,498 (Winter).
Regarding claim 7, Baumann discloses the device of claim 1, but does not expressly disclose the receiver extrusion (1) and insertion extrusion (3) are configured to be substantially tubular in shape. Baumann instead discloses the receiver extrusion and insertion extrusion being of solid wooden construction (see Figures 1 and 2, and paragraph [0005]).
Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or tubular metal (see column 3, lines 56-60). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baumann such that disclose the receiver extrusion and insertion extrusion are configured to be substantially tubular in shape, as Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or tubular metal.
Regarding claim 8, Baumann discloses the device of claim 1, but does not expressly disclose the receiver joint (2), receiver extrusion (1), and insertion extrusion (3) are comprised of extruded aluminum. Baumann instead discloses the receiver extrusion and insertion extrusion being of solid wooden construction (see Figures 1 and 2, and paragraph [0005]).
Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or extruded aluminum (see Abstract, and column 3, lines 56-60). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baumann such that disclose the receiver extrusion and insertion extrusion are configured to be substantially tubular in shape, as Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or extruded aluminum.
Regarding claim 18, Baumann discloses the method of claim 11, but does not expressly disclose the formed components (1, 2, 3) are all formed substantially of aluminum. Baumann instead discloses the receiver extrusion and insertion extrusion being of solid wooden construction (see Figures 1 and 2, and paragraph [0005]).
Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or formed substantially of aluminum (see column 3, lines 56-60). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baumann such that disclose the receiver extrusion and insertion extrusion are configured to be substantially tubular in shape, as Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or formed substantially of aluminum.
Allowable Subject Matter
Claims 4 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 4, Baumann discloses the device of claim 3, but fails to disclose the receiver extrusion (1) and insertion extrusion (3) are bonded to the receiver joint (2) by welding around the at least two apertures of the receiver joint such that an external face of each of the receiver extrusion and insertion extrusion are welded to their corresponding aperture of the receiver joint. The prior art fails to fairly show or suggest a modification to Baumann such that the receiver extrusion and insertion extrusion are bonded to the receiver joint by welding around the at least two apertures of the receiver joint such that an external face of each of the receiver extrusion and insertion extrusion are welded to their corresponding aperture of the receiver joint. While Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or tubular metal (see column 3, lines 56-60), as set forth above, Winter fails to teach how one of ordinary skill would weld these components instead of the gluing set forth in Baumann (see paragraph [0005]).
Regarding claim 17, Baumann discloses the method of claim 11, but fails to disclose the inserting the receiver extrusion (1) into an aperture (5) of the receiver joint (2) step further comprises: welding the receiver extrusion into the receiver joint. The prior art fails to fairly show or suggest a modification to Baumann such that the step of inserting the receiver extrusion into an aperture of the receiver joint step further comprises: welding the receiver extrusion into the receiver joint. While Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or tubular metal (see column 3, lines 56-60), as set forth above, Winter fails to teach how one of ordinary skill would weld these components instead of the gluing set forth in Baumann (see paragraph [0005]).
Claim 20 is allowed. The following is an examiner’s statement of reasons for allowance:
Baumann discloses a device for the assembly of components (see Figures 1 and 2), the device comprising:
a receiver joint (2) wherein the receiver joint is comprised of at least two apertures (5, 6) configured to receive at least one type of extrusion, and one or more bonding grooves on an inner face of the receiver joint (see Figure 1, where the internal faces of either of the apertures 5 and 6 form a bonding groove); and
at least two types of extrusions, a receiver extrusion (1) and an insertion extrusion (3), wherein;
the receiver extrusion has a channel (7) cut into at least one end of the receiver extrusion (see Figure 1); and
the insertion extrusion is shaped to fit into the channel cut into the at least one end of the receiver extrusion (via 8; see Figures 1 and 2), and
the receiver extrusion and insertion extrusion are inserted into the at least two apertures of the receiver joint (see Figures 1 and 2).
Baumann fails to disclose the receiver extrusion and insertion extrusion are welded into the receiver joint by welding around the least two apertures of the receiver joint and by extension an outward face of the receiver extrusion and insertion extrusion. The prior art fails to fairly show or suggest a modification to Baumann such that the receiver extrusion and insertion extrusion are welded into the receiver joint by welding around the least two apertures of the receiver joint and by extension an outward face of the receiver extrusion and insertion extrusion. While Winter teaches it is known in the art of extrusion receiving joints to choose between forming receiver extrusions and insertion extrusions from solid wood or tubular metal (see column 3, lines 56-60), as set forth above, Winter fails to teach how one of ordinary skill would weld these components instead of the gluing set forth in Baumann (see paragraph [0005]).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to applicant's disclosure in the field of devices for the assembly of components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached on (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
June 15, 2026
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