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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/22/25 and 1/8/26 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claim 6 is objected to because of the following informalities: “the” was omitted before apertures in line 2. Appropriate correction is required.
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 1-20 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.
Each of claims 1, 19 and 20 recite “covering elements” or “at least one covering element” or “two adjacent covering elements”. After the claim term “covering elements” is introduced (i.e. in the preamble with “a covering element support for attaching covering elements”), subsequent incidences of covering elements referencing the previously introduced covering elements should reflect antecedence, as with “the” or said”. If a different claim structure is being introduced, the claim terms should be clearly differentiated to avoid confusion.
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, 4, 6, 8, 9, 12, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al., US 2016/0244967.
Regarding claim 1:
Zhou discloses a covering element support arrangement for attaching covering elements (300) to a building and/or a building component (500), the covering element support arrangement comprising a carrier means for receiving covering elements thereon, the carrier means comprising a metal plate (420) comprising a plurality of apertures (425a, 425b) disposed thereon for being engaged by mechanical fastening means (450a, 450b) for fixing the covering elements to the carrier means, wherein the plurality of apertures are arranged in a predetermined bond pattern (3 in a row, refer to Fig. 2A).
Regarding claim 19:
Zhou discloses a method of constructing a support arrangement for covering elements (300) attachable to a building or building component (500), the method comprising: providing a carrier means (420) for receiving at least one covering element; and forming a plurality of apertures (425a, 425b) in the carrier means, wherein the apertures are engageable by mechanical fastening means for fixing covering elements to the carrier means, and wherein the apertures are arranged in a predetermined bond pattern.
Regarding claim 20:
Zhou discloses a covering element support arrangement for attaching covering elements (300) to a building or building component (500), the covering element support arrangement comprising a carrier means (410) for receiving covering elements thereon, the covering element support arrangement comprising attachment means for attaching covering elements to the carrier means, the attachment means comprising mechanical fastening means (200) that can be fastened (via 450) to the carrier means and that are engageable with covering elements to fix the covering elements to the carrier means, the mechanical fastening means comprising a bracket (420) for fixing two adjacent covering elements to a carrier means, the carrier means comprising a plurality of attachment means receiving means for receiving the mechanical fastening means to fix the mechanical fastening means to the carrier means (the apertures that receive the fastening bolts), wherein the bracket (420) is configured such that it is maneuverable laterally (via sliding of the bracket 420 relative to hanging clips 200a and 200b) between adjacent covering elements when located in the gap between covering elements such that it can be maneuvered to align with an attachment means receiving means on the carrier means to enable fixing thereto.
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Regarding claim 2:
Zhou discloses wherein the plurality of apertures are elongate apertures.
Regarding claim 4:
Zhou discloses wherein at least some of the plurality of apertures are arranged in a row extending longitudinally along the metal plate, wherein the apertures arranged in the row are generally spaced apart over longitudinal dimension of the metal plate (refer to Fig. 2A, the row extends longitudinally along the plate).
Regarding claim 6:
Zhou discloses wherein at least some of the apertures are located adjacent two opposing longitudinal edge portions of the metal plate (the two outside apertures shown in Fig. 2A).
Regarding claims 8 and 9:
Zhou discloses wherein between 1 and 20% of the carrier is open (the apertures are clearly between 1 and 20% of the surface area of the carrier).
Claims 1, 3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Corden, US 6,612,090.
Regarding claim 1:
Corden discloses a covering element support arrangement for attaching covering elements to a building and/or a building component, the covering element support arrangement comprising a carrier means for receiving covering elements thereon, the carrier means comprising a metal plate comprising a plurality of apertures disposed thereon for being engaged by mechanical fastening means for fixing the covering elements to the carrier means, wherein the plurality of apertures are arranged in a predetermined bond pattern.
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Regarding claim 3:
Corden discloses wherein the elongate apertures comprise a major axis, wherein the major axes of at least some of the elongate apertures are oriented in a longitudinal direction of the metal plate of the carrier means.
Regarding claim 5:
Corden discloses wherein at least some of the plurality of apertures are arranged in a plurality of rows extending longitudinally along the metal plate, wherein the apertures of each row are generally spaced apart over a longitudinal dimension of the metal plate and wherein the plurality of rows are generally spaced apart from one another over a width dimension of the metal plate.
Regarding claim 6:
Corden discloses wherein at least some of the apertures are located adjacent two opposing longitudinal edge portions of the metal plate (near the edges).
Claims 1 and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coyle, US 2021/0032873.
Regarding claim 1:
Coyle clearly discloses a covering element support arrangement for attaching covering elements (3) to a building and/or a building component, the covering element support arrangement comprising a carrier means for receiving covering elements thereon, the carrier means comprising a metal plate (2, refer to Fig. 10) comprising a plurality of apertures (10) disposed thereon for being engaged by mechanical fastening means for fixing the covering elements to the carrier means, wherein the plurality of apertures are arranged in a predetermined bond pattern (honeycomb pattern, refer to Fig. 10 and para. 0299).
Regarding claim 12:
Coyle discloses comprising an attachment means for attaching the covering elements (para. 0299 – “apertures or perforations for receiving both adhesive and fixing elements”) to the carrier means, the attachment means comprising the mechanical fastening means (4, 5a, 5b, para. 0295), wherein the mechanical fastening means are engageable with the plurality of apertures and the covering elements to fix the covering element to the carrier means.
Regarding claim 13:
Coyle discloses wherein the mechanical fastening means comprises at least one bracket (9) engageable with two adjacent covering elements for fixing the adjacent covering elements to the carrier means (claim 2 of Coyle)
Regarding claim 14:
Coyle discloses the limitations of this claim in claim 3.
Regarding claim 15:
Coyle discloses the limitations of this claim in claim 6.
Regarding claim 16:
Coyle discloses the limitations of this claim in claim 7.
Regarding claim 17:
Coyle discloses the limitations of this claim in claim 8.
Regarding claim 18:
Coyle discloses the limitations of is claim in claim 10.
Claims 1 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 20-0450950.
Regarding claim 1:
KR’950 discloses a covering element support arrangement for attaching covering elements (P) to a building and/or a building component, the covering element support arrangement comprising a carrier means (20) for receiving covering elements thereon, the carrier means comprising a metal plate (22) comprising a plurality of apertures (22a) disposed thereon for being engaged by mechanical fastening means for fixing the covering elements to the carrier means, wherein the plurality of apertures are arranged in a predetermined bond pattern (symmetrical along the edges).
Regarding claim 6:
KR’950 discloses wherein at least some of the apertures are located adjacent two opposing longitudinal edge portions of the metal plate.
Regarding claim 7:
KR’950 discloses wherein the apertures located adjacent to two opposing longitudinal edge portions of the metal plate are elongate apertures having a major axis, wherein the major axes of the apertures are oriented in a widthwise direction of the metal plate.
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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 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al., US 2016/0244967.
Regarding claims 10 and 11:
Zhou does not specify the length of the apertures or the distance between them.
It would have been an obvious matter of design choice to vary the size and distance between apertures, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). There would be no unexpected or unpredictable result obtained from changing these dimensions. There is no evidence that the claimed dimensions not specifically taught by Zhou provide a criticality that would be unachievable and unexpected with a reasonable amount of experimentation.
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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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