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 Objections
Claim 1 objected to because of the following informalities: In line 8, is extends is recited. Appropriate correction is required.
Claims 1 and 6 objected to because of the following informalities: In multiple instances, the word planer should be planar. Appropriate correction is required.
Claim 4 objected to because of the following informalities: In line 2, the word enter should be entire. Appropriate correction is required.
Claim 6 objected to because of the following informalities: In line 2, comprising of should read comprised of or comprising. Appropriate correction is required.
Claim 7 objected to because of the following informalities: In line 2, the word and appears to be missing between web, first. Appropriate correction is required.
Claim 9 objected to because of the following informalities: In line 2, the term have should be has. Appropriate correction is required.
Regarding claims 11-12, possessive forms of components are not appropriate claim language for a US Patent claim set. 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 1-13 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 1 recites the limitation "the first surface" in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 6, it is unclear what is meant by each flange having a passage at the opposite ends as the disclosure depicts a passage at each flange extending the length of the beam. The examiner will examine as best understood with a passage at each flange extending the length of the beam. Appropriate correction is required.
Regarding claim 7, it is unclear what ends flanges are extending inwardly from, rendering the claim indefinite. The examiner will examine as best understood. Appropriate correction is required.
Claim 8 recites the limitation "the same direction" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 9 recites the limitation "the same direction" in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 9 recites the limitation "the other leg" in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 9, in lines 5 and 7, antecedent basis has previously been established for the web. Appropriate correction is required.
Regarding claim 9, in line 8, antecedent basis has previously been established for the second leg. Appropriate correction is required.
Regarding claim 12, antecedent basis has previously been established for the first and second slots. Appropriate correction is required.
Claims 2-5, 11, 13 rejected under 35 USC 112 as being dependent on a rejected claim.
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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hynes, U.S. Patent Application Publication 2002/0148191.
Regarding claim 1, Hynes discloses a framing system comprising: at least two rail members (12b, 12c), each rail member having a length (along A), a first broad planer surface (combined 20), an opposite second broad planer surface (opposite combined 20), a first side (at 16), an opposite second side (at opposite 16), and first and second slots (adjacent 22, see Fig. 2) formed through the first surface and extend along the rail member (Fig. 2); at least one stud member (12a), the stud member having opposite ends (at 12b, 12c), a length extending between the opposite ends (between 12b and 12c), a web (14) and a pair of flanges (outer elements 20) on opposite sides of the web, each flange having a passage (22) at the opposite ends; wherein the stud member is extends between the rail members (see Fig, 1) and is connected at its opposite ends to the rail members by a separate joint member (24) at each end with the joint member disposed in the passages of the stud flanges (see Fig. 3) and in the first and second slots of a respective rail member (Fig. 4, generally); and wherein an outermost surface of each flange of the stud member is flush with an outermost surface of each of the first and second sides of each rail member (as shown in Fig. 3).
Regarding claim 2, Hynes discloses a framing system wherein each rail member further has third and fourth slots formed through the second surface and extending along the rail member (components 22 opposite the first and second slots).
Regarding claim 3, Hynes discloses a framing system wherein the passages of the flanges of the stud member extend the entire length of the stud member between the opposite ends (see Fig. 3).
Regarding claim 4, Hynes discloses a framing system wherein first and second slots formed through the first surface of the rail member extend the enter length of the rail member (see Fig. 3).
Allowable Subject Matter
Claims 5-13 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 closest prior art of record fails to disclose or make obvious a fiber-reinforced polymer wall framing system having all of the claimed framing members and a joint member having the claimed structure.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633