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 .
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 2-3 and 9-10 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 2 recites the limitation "the storage space of the one or more decorative panels”. There is insufficient antecedent basis for this limitation in the claim. Applicant previously introduced the main panel forming a storage space. Appropriate correction is necessary. Claims are examined as best understood.
Claim 9 recites the limitation of the one or more decorative panels comprising “a second buckle”. However, claim 9 depends upon claim 1 and “first buckles” were introduced in claim 6. There is no antecedent basis for the limitation “a second buckle”. Claims are examined as best understood. The examiner believes claim 9 should depend from claim 6.
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.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Verna et al. (U.S. Patent No. 8,341,912).
Regarding claim 1, Verna et al. discloses a vinyl shutter (10, Figs.1-3), comprising one or more decorative panels (16), wherein the one or more decorative panels have pre-formed connecting portions (20); and a main panel (13, 14) that is integrally formed, wherein the front surface of the main panel has pre- formed installation areas (area approximately 13d, e, f, g; Fig. 3) configured to install the one or more decorative panels during assembly, wherein the installation areas further comprise connecting holes (13d, e, f, g; Fig. 3) configured to couple with the pre-formed connecting portions (20) on the one or more decorative panels, and wherein the back surface (13h, Fig. 3) of the main panel is pre-configured to form a storage space. The Examiner considers it capable for the one or more decorative panels to be at least in part stored at least in a staged bottom end to bottom end position during the packaged state of the vinyl shutter because at least the main panel part 13 is made of channels. The flat side of the bottom of the channel is facing the front, and the U-shaped back of the channel provides space that is configured to receive the decorative panels 16.
Regarding claim 4, Verna et al. discloses wherein the installation areas (approximate 13d, e, f, g) further comprise one or more fixation holes (14n) configured to install the main panel to a wall (Fig. 12)
Regarding claim 5, Verna et al. discloses wherein the one or more decorative panels (16) are connected to the main panel via one or more of snap-fitting or plug-fitting during assembly (22, Fig.6).
Allowable Subject Matter
Claims 2-3 and 9-10 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.
Claims 6-8 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to teach or suggest a vinyl shutter comprising a one or more decorative panels, a main panel having performed installation areas, wherein the installation areas comprise connecting holes, wherein the main panel has a back surface preconfigured for a storage space, wherein the storage space is formed by a by a first plurality of main panel sides and storage ribs performed on the back surface of the main panel, wherein the storage space can accommodate twice the number of decorative panels and two identical main panels are aligned to accommodate twice the number of decorative panels in the packaged state as recited in claim 2 in combination with claim 1 in its entirety; or wherein the connecting portions of the decorative panels comprise one or more L-shaped first and second buckles and the main panel comprise matching first and second buckle holes as recited in claims 6 and 9 in combination with claim 1 in its entirety.
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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633