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 .
Response to Restriction
The Examiner acknowledges that the Applicant has elected Invention I, drawn to claims 1-7, for examination.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 8: “forth” is presumably meant to read --fourth--.
Appropriate correction is required.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Sclavo (FR 2,987,350).
Regarding claim 1, Sclavo discloses a frame system, comprising:
a first elongated body (Fig. 3, module 8) mechanically coupled to at least a first cylindrical male fitting (Fig. 3, protrusion 9) and a second cylindrical male fitting (Fig. 3, protrusion 9 on opposite end of the first male fitting);
a second body mechanically coupled to at least a first female fitting and a second female fitting (Fig. 1-2, module 7 comprises a plurality of female fittings);
a third elongated body mechanically coupled to at least a third cylindrical male fitting and a fourth cylindrical male fitting (Fig. 9, a plurality of the elongate members is contemplated, forming a framework when attached to one another);
a fourth body mechanically coupled to at least a third female fitting and a fourth female fitting, wherein the first female fitting of the second body slidably receives the first cylindrical male fitting the of the first elongated body to fasten the second body to the first elongated body (Fig. 9, see framework for assembled configuration);
the second female fitting of the second body slidably receives the third cylindrical male fitting of the third elongated body to fasten the second body to the third elongated body (See id);
the third female fitting of the fourth body slidably receives the fourth cylindrical male fitting of the third elongated body to fasten the fourth body to the third elongated body (See id).
Regarding claim 2, Sclavo discloses wherein: the first elongated body has a first longitudinal axis; the first cylindrical male fitting has a second longitudinal axis; the second cylindrical male fitting has a third longitudinal axis; and the first longitudinal axis is generally perpendicular to the second longitudinal axis and the third longitudinal axis (Fig. 9, the members join together orthogonally to make a framework. Each elongate member comprises a longitudinal axis).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sclavo (FR 2,987,350) in view of Stumpf (US Pat. 5,483,780).
Regarding claim 7, Sclavo discloses the claimed invention except for as taught by Stumpf, similarly drawn to a plurality of elongate members forming a framework, wherein the first elongated body is mounted to a load-bearing wall (Col. 7, lines 32-41: “If for instance it is desired to mount wall-facing on the pillars 11", then the implementation may be carried out as shown in FIG. 16. As already mentioned, the pillars 11" evince the cross-sectional contour shown in FIG. 15. Therefore chord bars 12' may be affixed and if called for superposed on the pillars 11" by means of the clamping locks using the clamping jaws 19 in the manner of the embodiment mode of FIG. 12. Other connection sections 60 can be affixed in snap-in or jamming manner in the other longitudinal flutings 24 of the pillars 11". These connection sections 60 comprise a number of slots 61 into which wall fasteners 62 can be suspended using corresponding hooks 63. Illustratively the wall fasteners 62 each comprise two pins 64 to be plugged into boreholes 65 in wall units 36'. Sealing strips 36" can be affixed using a connection section 66 directly to the pillars 11" between the wall units 36'. The connection sections 66 can be snapped into the longitudinal flutings 24 by means of elastic legs in the manner of the connection sections 60. In this manner a practically continuous wall can be mounted in front of the pillars 11" which thereby remain masked, or are not seen from the outside”).
It would have been obvious to a person having ordinary skill in the art before the effect filing date of the claimed invention to modify the frame system of Sclavo to comprise the wall mounting of Stumpf to allow for fixing of the frame system in place.
Allowable Subject Matter
Claim(s) 3-6 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The retaining rings of claims 3 and 4 are not found in the prior art nor would it be obvious to modify the female fittings of Sclavo to contain similar retaining rings.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Joshua Michener can be reached at 5712721467. 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.
/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights