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 .
Drawings
The drawings are objected to because Figs. 6-8 are color photographs. 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.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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, “each side of the gusset physically connected to the inner frame or the outer frame” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Each embodiment discloses at least one side of the gusset either free of contact or contacting an adjacent gusset.
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-11, 13-14, 16 and 21-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Each of claims 1 and 10 recite “each side of the gusset is physically connected to the inner frame or the outer frame”. None of the embodiments of show this. Further, it is not supported by the specification or any of the original disclosure.
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 1-3, 5-11, 13-14, 16 and 21-23 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 and 10 recite “each side of the gusset is physically connected to the inner frame or the outer frame”. It is unclear what is meant by “each side”. Every embodiment shows at least one side of each gusset either free from attachment or attached to an adjacent gusset. Claims are examined as best understood. In the instant case, the limitation has been interpreted to mean directly or indirectly physically connected, since that is what is disclosed within the original disclosure and the various embodiments.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-8, 10-11, 13-14, 16 and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noirot et al., US 2010/0300034.
Regarding claims 1 and 10:
Noirot discloses a structural system comprising:
a structural unit comprising:
an inner frame comprising a side;
an outer frame comprising three sides; and
a gusset comprising three sides, wherein:
the inner frame is positioned within the outer frame, forming a space between the frames,
the gusset is positioned within the space, and
each side of the gusset is physically connected to the inner frame or the outer frame.
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Regarding claim 2:
Noirot discloses wherein the inner frame has a cross-sectional shape that is circular.
Regarding claim 3:
Noirot discloses wherein the outer frame is rectangular (square).
Regarding claim 5:
Noirot discloses wherein at least a portion of the inner frame is in direct physical contact with the outer frame (at 5” and 8” in Fig. 14).
Regarding claim 6:
Noirot discloses wherein the inner frame is not in direct physical contact with the outer frame (embodiment of Fig. 10, showing inner frame 8’ and outer frame 5’).
Regarding claim 7:
Noirot discloses wherein the outer frame has a square cross-sectional shape having four sides and the inner frame has a circular cross-section shape having one continuous side.
Regarding claim 8:
Noirot discloses wherein the structural unit comprises two or more gussets (Fig. 14 discloses 4 gussets 7”).
Regarding claim 11:
Noirot discloses two or more structural units; and
a vertical support (37), wherein:
each structural unit is positioned adjacent to at least one other structural unit, and the vertical support is positioned between two structure units.
Regarding claim 13:
Noirot discloses a horizontal support with at least one structural unit in physical contact with the horizontal support (clip 37 provides horizontal support).
Regarding claim 14:
Noirot discloses a first group of structural units (top row, refer to Figs. 19 and 20); and
a second group of structural units (middle row), wherein:
the first and second group each have two or more structural units.
Regarding claim 16:
Noirot discloses an extension (37) physically attached to at least one of the structural units.
Regarding claim 23:
Noirot discloses wherein each frame has a center line and the gusset is positioned in a plane containing each center line (refer to figure 13 reproduced below).
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Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peacock et al., US 2011/0030309.
Regarding claim 1:
Peacock discloses a structural system comprising:
a structural unit comprising:
an inner frame (16) comprising a side;
an outer frame (22) comprising three sides; and
a gusset (24) comprising three sides (each is triangular), wherein:
the inner frame is positioned within the outer frame, forming a space between the frames,
the gusset is positioned within the space, and
each side of the gusset is physically connected to the inner frame or the outer frame.
Regarding claim 9:
Peacock discloses two or more inner frames, wherein each of the two inner frames is positioned within the outer frame (refer to the concentric frames as shown in Fig. 1).
Allowable Subject Matter
Claims 21-22 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.
The most relevant prior art to Noirot discloses wherein the structural unit is of plastic. Noirot discloses no alternative material and suggests that plastic is critical for operability. Changing the material of Noirot from plastic to steel would compromise the functionality of the device of Noirot. Additional prior art of record that includes steel construction fails to disclose additional structure present in parent claim 1.
Response to Arguments
Applicant's arguments filed 5/1/26 have been fully considered but they are not persuasive.
Regarding applicant’s argument that the photographs of Figs. 6-8 are necessary for understanding, line drawings could replace them without compromising understanding. The color photographs do not provide for adequate reproducibility.
Applicant made no specific arguments as to what is lacking in the structure of the prior art. The examiner has set forth in the claim rejections above how each element of the claims is taught by the relied upon prior art.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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