This is a Non-Final office action for serial number 18/820387
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 .
Allowable Subject Matter
The indicated allowability of claims 1-3 and 5-7 is withdrawn in view of the newly discovered reference(s) to Lu et al. (Lu) 2013/0248668 and Goehringer et al. (Goehringer) WO2013078533A1. Rejections based on the newly cited reference(s) follow.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3 and 7 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Lu et al. (Lu) 2013/0248668.
Lu discloses claim:
1. A roof equipment support comprising: a platform having a length and a width; a pair of sidewalls extending from the platform, wherein an angle between the platform and at least one of the pair of sidewalls within an interior cavity is an acute angle; a top wall extending between the pair of sidewalls and offset from the platform, wherein the platform, the pair of sidewalls, and the top wall define the interior cavity, wherein the interior cavity extends the length of the platform from a first end to a second end, and wherein the interior cavity is open at both the first end and the second end; and a pair of strut extensions extending from the top wall, wherein each of the strut extensions comprises a hook at a distal end that includes a substantially 180 degree bend, wherein each of the strut extensions has a planar portion substantially perpendicular to the platform, and wherein the pair of strut extensions and the top wall define a channel that extends the length of the platform; wherein a cross-sectional profile of the support is constant along an entirety of the length of the platform.
2. The roof equipment support of claim 1, wherein the platform, the pair of sidewalls, the top wall, and the pair of strut extensions are formed from a same material in an extrusion process ( the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight).
3. The roof equipment support of claim 1, wherein the platform, the pair of sidewalls, the top wall, and the pair of strut extensions are unitary.
7. The roof equipment support of claim 1, wherein the platform is discontinuous.
[AltContent: textbox (Top wall)][AltContent: textbox (Strut extension planar portion)][AltContent: textbox (Strut extension planar portion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
[AltContent: textbox (Platform greater than a spacing between the pair of sidewall proximate the platform)][AltContent: textbox (Platform )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Sidewall
Acute angle)][AltContent: arrow][AltContent: textbox (Sidewall
Acute angle)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
PNG
media_image1.png
355
406
media_image1.png
Greyscale
[AltContent: arrow][AltContent: textbox (180 degree bend of hook )][AltContent: arrow][AltContent: textbox (180 degree bend of hook )]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (platform)][AltContent: arrow][AltContent: textbox (Platform is discontinuous)]
PNG
media_image1.png
355
406
media_image1.png
Greyscale
Claim(s) 1, 2, 3, 5, and 6 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Goehringer et al. (Goehringer) WO2013078533A1
Goehringer discloses claim:
1. A roof equipment support comprising: a platform having a length and a width; a pair of sidewalls extending from the platform, wherein an angle between the platform and at least one of the pair of sidewalls within an interior cavity is an acute angle; a top wall extending between the pair of sidewalls and offset from the platform, wherein the platform, the pair of sidewalls, and the top wall define the interior cavity, wherein the interior cavity extends the length of the platform from a first end to a second end, and wherein the interior cavity is open at both the first end and the second end; and a pair of strut extensions extending from the top wall, wherein each of the strut extensions comprises a hook at a distal end that includes a substantially 180 degree bend, wherein each of the strut extensions has a planar portion substantially perpendicular to the platform, and wherein the pair of strut extensions and the top wall define a channel that extends the length of the platform; wherein a cross-sectional profile of the support is constant along an entirety of the length of the platform.
2. The roof equipment support of claim 1, wherein the platform, the pair of sidewalls, the top wall, and the pair of strut extensions are formed from a same material in an extrusion process ( the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight).
3. The roof equipment support of claim 1, wherein the platform, the pair of sidewalls, the top wall, and the pair of strut extensions are unitary.
5. The roof equipment support of claim 1, wherein the width of the platform is greater than a spacing between the pair of sidewalls proximate the platform.
6. The roof equipment support of claim 1, wherein the width of the top wall Is less than the width of the platform.
[AltContent: textbox (Spacing between sidewalls proximate platform)][AltContent: arrow][AltContent: arrow][AltContent: textbox ( Sidewalls
Acute angle 958b)][AltContent: textbox (Sidewalls
Acute angle 958b)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Strut extension)][AltContent: arrow][AltContent: textbox (Strut extension)][AltContent: arrow][AltContent: textbox (Top wall)][AltContent: arrow][AltContent: arrow][AltContent: textbox (180 degree hooks)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (platform)]
PNG
media_image2.png
273
420
media_image2.png
Greyscale
Allowable Subject Matter
Claims 10-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: In regards to claims 10, the prior art does not disclose a roof equipment support comprising: a top wall extending between the pair of sidewalls and offset from the platform, wherein the platform, the pair of sidewalls, and the top wall define the interior cavity, wherein the interior cavity extends the length of the platform from a first end to a second end; a pair of strut extensions extending from the top wall, wherein each of the strut extensions has a planar portion substantially perpendicular to the platform, and wherein a cross-sectional profile of the support is constant along an entirety of the length of the platform; and at least one support wall disposed in the interior cavity and extending between two or more of the platform, the sidewalls, and the top wall, wherein the top wall, the at least one support wall, and the pair of sidewalls define a single upper lumen configured to receive piping or conduit and including all of the other limitations of the claim and including all of the other limitations of the claim.
In regards to claims 13, the prior art does not A roof equipment support comprising: a platform configured to be coupled to a roof; a pair of sidewalls extending from the platform, wherein the pair of sidewalls define an interior cavity that is open at least one end; wherein each of the strut extensions comprises a hook at a distal end that defines a substantially 180 degree bend, wherein each of the strut extensions has a planar portion substantially perpendicular to the platform, and at least one support wall disposed in the interior cavity and extending between two or more of the platform, the sidewalls, and the top wall, wherein the top wall, the at least one support wall, and the pair of sidewalls define a single upper lumen configured to receive piping or conduit and including all of the other limitations of the claim
Claims 4, 8 and 9 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 5-7have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631
