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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign mentioned in the description: “24”, as mentioned at page 3, line 29, is not in the Figures. 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. 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.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. 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). A replacement sheet must 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 the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheet(s) must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Specification
The abstract of the disclosure is objected to because legal phraseology, i.e., “comprises”, on line 5, should be avoided in the abstract. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
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 1-8 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.
In claim 1, the terms “e.g.” on line 1, and “such as”, on each of lines 2 and 3 of the claim render the claim vague and indefinite, since it is unclear as to whether the language following the terms is required structure of the claim or simply indicative of possible examples of potential uses of the claimed invention.
In claim 3, “the grid struts” lack antecedent basis, since the element is introduced in claim 2, rather than claim 1, on which claim 3 depends.
In claim 7, it is unclear as to what structure applicant is attempting to claim with regard to the phrase, the grid plate is formed as a “profile body”. While the instant specification includes the language used in the claim, the description, including the specification and drawings, does not provide any insight into what actual structure or form is intended by the term “profile body”.
In claim 8, it is unclear as to what applicant intends to claim as his invention with regard to “the encompassing projections are clipped with the bottom side of the grid plate”.
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 1-3, 5, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Black.
Black (Figs. 1 and 2; col. 2, lines 21-34) disclose a support for a supporting beam including a grid plate (3) in the form of a profile body (claim 7), the grid plate having a top side for supporting installation packages (2a) and having a bottom side, the grid plate including protruding encompassing projections (4b) on its bottom side with an intermediate space therebetween to receive a supporting beam (5,5a), with the encompassing projections arranged on both sides of the supporting beam, as set forth by independent claim 1.
With regard to claim 2, the encompassing projections (4b) are formed as grid struts extended in sections or continuously over the bottom side of the grid plate (3).
With regard to claim 3, the encompassing projections are connected to the grid struts by means of gusset plate-like connections or junction plate-like connections (4a) and are thus reinforced.
With regard to claim 5, the grid struts (4b) extend at right angles to the grid plate (3).
With regard to claim 8, the encompassing projections (4b) are clipped with the bottom side of the grid plate by clamp (9) and supporting beam (5).
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 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Black taken together with CN 204535462 U.
Black (Figs. 1 and 2; col. 2, lines 21-34) as applied above substantially discloses applicant’s invention as recited by instant claims 4 and 6, except for the grid plate being formed from plastic or fiber-reinforced plastic. It is noted that Black does disclose that the baffle elements of the device may be formed from steel or plastic, depending on the operating conditions.
CN 204535462 U (English Machine Translation) discloses that a grid plate (5) within the interior of a cooling tower, which is supported by support beam (6), is formed from a plastic material, in particular, a fiber reinforced plastic material, to insure long term use of the grid plate within the wet interior of the cooling tower. It would have been obvious for an artisan at the time of the filing of the application, to construct the grid plate of Black from a plastic or fiber-reinforced plastic material, in view of CN 204535462 U, since such would insure long term use of the grid plate within the corrosive internal environment within a contact tower structure.
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 CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00.
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, Jennifer Dieterle can be reached at 571-270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.S.B/6-20-26
/CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
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