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 § 102
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 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) 1-3, 5, 6, 9, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0237920 A1 to Burgess.
Regarding claim 1, Burgess discloses a joist assembly, comprising: a first joist portion (112, Fig.9) comprising at least one joist opening (holes into which 120 are inserted); a second joist portion (joist which will be installed on opposite side of 118, not shown, Fig.9) disposed opposite the first joist portion; and a connector (118) comprising an extension member (102) and a plurality of connector openings (108), the extension member extending between the first joist portion and the second joist portion (Fig.9); a first connector opening of the plurality of connector openings configured to align with a first joist opening of the at least one joist opening with the joist assembly at a first length (Fig.9); and a second connector opening of the plurality of connector openings configured to align with at least one of the first joist opening or a second joist opening of the at least one joist opening with the joist assembly at a second length (connector is capable of being installed at any location along the joist member; capable of extending the length of the composite joist).
Regarding claim 2, wherein: the first joist portion comprises a first channel member (channel portion between 122 and 122, Fig.10); the second joist portion comprises a second channel member (same as first channel but formed on second joist portion, not shown); and the connector (118) comprises a main body (portion located between 118a and 118b), the extension member coupled with the connecter at a center of the extension member (length of 102+102 on top and on bottom), the main body dividing the extension member into a first side and a second side (left 102 and right 102), the first side at least partially disposed in the first channel member (Fig.9) and the second side at least partially disposed in the second channel member (not shown, but opposite joist member, Fig.9).
Regarding claim 3, wherein the first joist portion (112) comprises: an upper member (114); a lower member (116) disposed apart from the upper member to define a space between (area in which 18 extends, Fig.9) the upper member and the lower member; and a channel member (122 of 114 and 122 of 116) extending from at least one of the upper member or the lower member, the channel member extending into the space between the upper member and the lower member (Fig.9); wherein a portion of the extension member extends into the channel member and is configured to move relative to the channel member to adjust a length of the joist assembly between the first length and the second length (Fig.9).
Regarding claim 5, wherein: the first joist portion comprises a first joist opening (openings into which 120 is inserted); the second joist portion comprises a second joist opening (openings into which 120 are instead); and the connector comprises a locking mechanism (openings 108 and fasteners 120), the locking mechanism comprising the plurality of connector openings (108).
Regarding claim 6, wherein: when the joist assembly is configured to be the first length: a first connector opening of the plurality of connector openings is aligned with the first joist opening; and a second connector opening of the plurality of connector openings is aligned with the second joist opening (Fig.9); and wherein when the joist assembly is configured to be the second length: a third connector opening of the plurality of connector openings is aligned with the first joist opening; and a fourth connector opening of the plurality of connector openings is aligned with the second joist opening (capable of being extended and secured to additional openings to extend the length).
Regarding claim 9, wherein: the first joist portion comprises: an upper member (114) comprising an upper channel member (122); a lower member (116) disposed apart from the upper member to define a space (area between 114 and 116) between the upper member and the lower member, the lower member comprising a lower channel member (122), the upper channel member and the lower channel member extending into the space between the upper member and the lower member (Fig.9); and the connector comprises a first extension member (102) and a second extension member (102), the first extension member being the extension member, the first extension member disposed partially in the upper channel member (Fig.9) and the second extension member disposed partially in the lower channel member (Fig.9).
Regarding claim 10, wherein: the first joist portion comprises a first channel member (122 of 114); the second joist portion comprises a second channel member (122 of 116) disposed opposite the first channel member; and the extension member configured to be disposed in both the first channel member and the second channel member (extension members 102).
Claim(s) 11, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2019/0186135 A1 to Hossler.
Regarding claim 11, Hossler discloses an adjustable-length joist assembly, comprising: a first joist portion (302, left; Fig.9 and 10); a second joist portion (302, right; Fig.9 and 10); a connector (322, 324) coupled with the first joist portion and the second joist portion such that the first joist portion and the second joist portion are each slidably engaged with the connector (slide on 308 and 309); and a locking assembly (312) rotatably coupled with the connector and comprising a plurality of connector openings (holes into which 321 and 325 are inserted) configured to align with a corresponding joist opening on each of the first joist portion and the second joist portion.
Regarding claim 12, wherein the locking assembly is configured to be oriented in a first position with a first connector opening of the plurality of connector openings aligned with at least one of the joist openings when the adjustable-length joist assembly is configured to be a first length (Fig.11).
Regarding claim 14, further comprising a locking device (321, 325) to extend through at least one joist opening and an aligned connector opening to prevent movement of the connector relative to the first joist portion.
Claim(s) 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2006/0042179 A1 to Vanagan.
Regarding claim 17, Vanagan discloses a support structure, comprising: a hub (top of 14); an adjustable-length joist assembly (12, Fig.6) configured to couple to the hub (Fig.1), wherein the adjustable-length joist assembly comprises: a first joist portion (50, left); a second joist portion (50, right); and a connector (12) coupled with the first joist portion and the second joist portion such that the first joist portion and the second joist portion are each slidably engaged with the connector (Fig.6-8).
Regarding claim 19, wherein the adjustable-length joist assembly comprises a first adjustable-length joist assembly (12, Fig.1), and further comprising a second adjustable-length joist assembly (other 12, Fig.1) configured to couple to the hub.
Regarding claim 20, further comprising a platform (20) to be supported by the first adjustable-length joist assembly and the second adjustable-length joist assembly (Fig.1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 13, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0186135 A1 to Hossler.
Regarding claim 13, Hossler discloses multiple openings which can be used for adjustment but does not specifically disclose wherein the different connector openings align with the joist openings.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have enabled the locking openings of the locking assembly to engage direction with the connector and the joist openings, thereby enabling the adjustment of the joist as well as keeping the number of mechanical fasteners to a minimum.
Regarding claims 15 and 16, although Hossler does not disclose an indicia opening to indicate the length of the joist, but it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided an opening on the joist portions so to enable a user to quickly check to see the length of the joist to ensure proper length and fitting without measurement.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0186135 A1 to Hossler in view of US 2006/0042179 A1 to Vanagan.
Regarding claim 17, Hossler discloses a support structure, comprising: an adjustable-length joist assembly (Fig.9) configured to couple to the hub (capable of attaching to a hub), wherein the adjustable-length joist assembly comprises: a first joist portion (302 on left, Fig.9); a second joist portion (302 on right, Fig.9); and a connector (322 and 324) coupled with the first joist portion and the second joist portion (Fig.9 and 10) such that the first joist portion and the second joist portion are each slidably engaged with the connector (Fig.9 and 10).
Hossler does not disclose a hub and the joist assembly coupled to the hub.
Vanagan discloses a support structure having joists, hubs, and platforms.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the hubs as taught by Vanagan to provide a means to forma support structure thereby to secure platforms, so to form a sturdy support structure.
Regarding claim 18, Hossler discloses wherein the adjustable-length joist assembly further comprises a locking assembly (312) rotatably coupled with the connector and comprising a plurality of connector openings (holes into which 321 and 325 are inserted) configured to align with a corresponding joist opening on each of the first joist portion and the second joist portion.
Regarding claim 19, Vanagan discloses wherein the adjustable-length joist assembly comprises a first adjustable-length joist assembly (12, Fig.1), and further comprising a second adjustable-length joist assembly (other 12, Fig.1) configured to couple to the hub.
Regarding claim 20, Vanagan discloses further comprising a platform (20) to be supported by the first adjustable-length joist assembly and the second adjustable-length joist assembly (Fig.1).
Allowable Subject Matter
Claims 4, 7, and 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 disclose the combination of elements of the joist assembly and the relationship between the elements of the joist assembly, specifically the additional details of the connector and the location of the brace member containing the joist opening.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635