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 .
Status of the Claims
Claims 1-10 are pending in the application.
Drawings
The drawings are objected to for the following informalities:
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 following claim elements must be must be shown or the features canceled from the claims (No new matter should be entered):
the “first fixing holes” of claim 2;
the “second positioning holes” of claim 3; and
the “fastener” and “wall” of claim 9.
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 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 1-2 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Charest (US Patent 9,920,531).
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Re Claim 1: Charest discloses a splicing structure (10; Figs. 1-5), comprising
a splicing A plate (14), a splicing B plate (12), and a connector (42) for connecting the splicing A plate with the splicing B plate, wherein the connector comprises a first connecting plate (44) and a second connecting plate (46), and the second connecting plate is arranged in a length direction of the first connecting plate and perpendicular to the first connecting plate;
the first connecting plate (44) is connected to an end (32) of the splicing A plate (14) in the length direction, and the second connecting plate (46) is inserted into a side wall (26) of the splicing B plate (12) and fixedly assembled with the splicing B plate.
Re Claim 2: Charest discloses a splicing structure (10; Figs. 1-5), wherein the first connecting plate (44) is provided with a plurality of first mounting holes (48; for example, see annotated Fig. 3 below), a side wall (32) of the splicing A plate is correspondingly provided with first fixing holes (the holes receiving fasteners 50 that correspond to the “1st mounting holes” shown in annotated Fig. 3 below), and the first connecting plate is connected to the splicing A plate by fasteners (50).
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Re Claim 4: Charest discloses a splicing structure (10; Figs. 1-5), wherein the first mounting holes (48; for example, see annotated Fig. 3 above) are provided with a step (see annotated Fig. 5 above), the fastener (50) comprises a locking portion (the threaded end) and a head (the enlarged end; see Fig. 2) connected to the locking portion, and the step is used for accommodating the head of the fastener.
Re Claim 5: Charest discloses a splicing structure (10; Figs. 1-5), wherein the second connecting plate (46) is located on an axis of symmetry of the first connecting plate (44; see Fig. 5).
Re Claim 6: Charest discloses a splicing structure (10; Figs. 1-5), wherein the first mounting holes (48; for example, see annotated Fig. 3 above) are misaligned on two sides of the second connecting plate (46).
Re Claim 7: Charest discloses a splicing structure (10; Figs. 1-5), wherein the side wall (26) of the splicing B plate (12) is provided with a slot (28) adapted to the second connecting plate (46); the second connecting plate (46) is provided with a plurality of second mounting holes (52), a bottom surface (for example, 20; Fig. 2; Examiner notes that no particular frame of reference has been defined in the claims and thus the face 20 can be considered a “bottom” surface based on a frame of reference rotated 90 degrees from that shown in Fig. 2) of the splicing B plate (12) is provided with second fixing holes (30) in communication with the slot (28), and when the second connecting plate (46) is inserted into place with the splicing B plate (12), the second mounting holes (30) correspond with the second fixing holes (52) one to one.
Re Claim 8: Charest discloses a splicing structure (10; Figs. 1-5), wherein the length of the first connecting plate is smaller than the width of the splicing A plate and the width of the splicing B plate; and/or the width (for example, in the width/thickness direction shown in annotated Fig. 1 below) of the first connecting plate (44) is equal to the thickness of the splicing A plate (14) and the thickness of the splicing B plate (12).
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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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Charest (US Patent 9,920,531), as applied to claims 1-2 and 4-8 above, and further in view of Nikolai (US Patent 5,718,493).
Re Claims 9-10: Charest discloses a spliced straight plate, comprising the splicing structure (10; Figs. 1-5) according to claim 1 (see rejection of claim 1 above).
Charest fails to disclose further comprising a mounting member, wherein the mounting member comprises a fixing plate and fixing columns arranged on the fixing plate, wherein an angle between the fixing column and the fixing plate is 88⁰ to 90⁰, and at least two fixing columns are provided; side walls of the splicing A plate and the splicing B plate in a width direction are provided with mounting fixing holes adapted to the fixing columns; and the fixing plate is provided with a plurality of mounting through holes, and at least one fastener passes through the mounting through holes to fix the fixing plate to a wall (as is required by claim 9); and wherein the splicing A plate and the splicing B plate are each provided with mounting grooves on a side facing the fixing columns for accommodating the mounting member and fasteners (as is required by claim 10).
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Nikolai teaches the use of a device (see Figs. 1-4) comprising plates (10) joined together and further comprising a mounting member (rail member 8 in combination with bracket 35), wherein the mounting member comprises a fixing plate (8, 37) and fixing columns (50) arranged on the fixing plate, wherein an angle between the fixing column and the fixing plate is 88⁰ to 90⁰, and at least two fixing columns (50) are provided; side walls of a first plate (10) and a second plate (10) in a width direction are provided with mounting fixing holes (51) adapted to the fixing columns (50); and the fixing plate is provided with a plurality of mounting through holes (the holes in rail member 8 receiving fasteners 23; see Fig. 3), and at least one fastener (23) passes through the mounting through holes to fix the fixing plate to a wall (6); and wherein the first plate (10) and the second plate (10) are each provided with mounting grooves (33; Fig. 2) on a side facing the fixing columns for accommodating the mounting member and fasteners, for the purpose of mounting the device to a wall.
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 device of Charest, with a reasonable expectation of success, such that it further comprises a mounting member, wherein the mounting member comprises a fixing plate and fixing columns arranged on the fixing plate, wherein an angle between the fixing column and the fixing plate is 88⁰ to 90⁰, and at least two fixing columns are provided; side walls of the splicing A plate and the splicing B plate in a width direction are provided with mounting fixing holes adapted to the fixing columns; and the fixing plate is provided with a plurality of mounting through holes, and at least one fastener passes through the mounting through holes to fix the fixing plate to a wall (as is required by claim 9); and wherein the splicing A plate and the splicing B plate are each provided with mounting grooves on a side facing the fixing columns for accommodating the mounting member and fasteners (as is required by claim 10), as taught by Nikolai, for the purpose of mounting the device to a wall.
Allowable Subject Matter
Claim 3 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
As discussed above, Charest (US Patent 9,920,531) is considered to be the closes prior art device of record to that of the instant claims. Regarding claim 3, Charest discloses a splicing structure according to claim 2 (see rejection of claim 2 above), wherein the first connecting plate (44) is provided with first positioning holes (see annotated Fig. 3 in the rejection of claim 2 above), and at least two first positioning holes are provided and located on two sides of the second connecting plate (46); the splicing A plate (14) is correspondingly provided with second positioning holes (the holes receiving fasteners 50 that correspond to the “1st positioning holes” shown in annotated Fig. 3 above); and fasteners (50) pass through the first positioning holes and the second positioning holes to position the connector and the splicing A plate.
Charest fails to disclose wherein the fasteners are wooden tenons.
Rather, Charest discloses that the fasteners are screws (50). It would not have been obvious to modify the device of Charest to replace the screws (50) with wooden tenons since a more secure fastener such as screws is required to properly secure the beam 12, post 14, and connector 42 together. Further, there would have been no teaching, suggestion, or motivation to do so. For at least these reasons, claim 3 is considered to be allowable over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MCMAHON whose telephone number is (571)270-3067. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (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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/MATTHEW R MCMAHON/Primary Examiner, Art Unit 3678