DETAILED ACTION
This is the second office action for US Application 18/827,991 for a Gutter Bracket. The indicated allowability of claims 1-17 is withdrawn in view of the newly discovered reference(s) to FR 425515 to Ninin Pilsmy SA Anc ETS. Rejections based on the newly cited reference(s) follow.
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 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 and 6-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 425515 to Ninin Pilsmy SA Anc ETS (referred to hereinafter as Ninin). Regarding claim 1, Ninin discloses a gutter bracket structurally configured to cooperate with a structure and a half round gutter having a front edge (see figures 1 and 4). The gutter bracket comprises a mounting portion including a substantially flat mounting surface (see figures 1 and 3… the portion that has holes 7 and 8) offset rearwardly from one or more gutter retaining tabs (formed by 12, 13 on each side). There is a gutter supporting portion (2) shaped and dimensioned to receive the half round gutter. There is also a rib in the gutter supporting portion (see figures 1 and 4 showing a rib on the gutter supporting portion), and two wings arranged with the rib therebetween (see figures 1, 3, and 4 showing the wings on each side extending down from the tabs and narrowing along the outside of the gutter supporting portion). The two wings are configured to contact the half round gutter and the rib extends downwardly below the two wings, with a front gutter retaining portion (14) extending forwardly from the gutter supporting portion.
Regarding claim 2, the rib is open upwardly between the two wings. Regarding claim 3, there are one or more holes (3) located at a low area of the gutter supporting portion. Regarding claim 4, the two wings extend along an entire length of the gutter supporting portion. Regarding claim 6, the one or more rear gutter retaining tabs includes two or more rear gutter retaining tabs, each abutting one of the two wings, and a slit (see figure 1, at 11 on each side of 4) located adjacent each rear gutter retaining tab, the slit having a slit bottom and an open slit top. Regarding claim 7, the gutter supporting portion has a substantially semi-circular cross-section (see figure 1). Regarding claim 8, the gutter bracket is unitarily formed.
Regarding claim 9, Ninin discloses a gutter bracket structurally configured to cooperate with a structure and a half round gutter having a front edge (see figures 1 and 4). The gutter bracket comprises a mounting portion including a substantially flat mounting surface (see figures 1 and 3… the portion that has holes 7 and 8) offset rearwardly from one or more gutter retaining tabs (formed by 12, 13 on each side), and two sidewalls (on each side of 4 there are sidewalls extending between 4 and the portions that has holes 7 and 8) adjacent the mounting surface.
There is a gutter supporting portion (2) shaped and dimensioned to receive the half round gutter. There is also a rib in the gutter supporting portion (see figures 1 and 4 showing a rib on the gutter supporting portion), and two wings arranged with the rib therebetween (see figures 1, 3, and 4 showing the wings on each side extending down from the tabs and narrowing along the outside of the gutter supporting portion). The two wings are configured to contact the half round gutter, the sidewalls are inwardly tapered from a bracket top to the rib, and a front gutter retaining portion (14) extending forwardly from the gutter supporting portion.
Regarding claim 10, the rib is open upwardly between the two wings. Regarding claim 11, the rib extends downwardly below the two wings. Regarding claim 12, there is a mounting aperture (7 or 8) in the mounting surface. Regarding claim 13, the mounting surface is substantially flat along a distance extending between an upper rear edge of the two wings.
Regarding claim 14, Ninin discloses a gutter bracket structurally configured to cooperate with a structure and a half round gutter having a front edge (see figures 1 and 4). The gutter bracket comprises a mounting portion including a substantially flat mounting surface (see figures 1 and 3… the portion that has holes 7 and 8) offset rearwardly from one or more gutter retaining tabs (formed by 12, 13 on each side). There is a gutter supporting portion (2) shaped and dimensioned to receive the half round gutter. There is also a rib in the gutter supporting portion (see figures 1 and 4 showing a rib on the gutter supporting portion), and two wings arranged with the rib therebetween (see figures 1, 3, and 4 showing the wings on each side extending down from the tabs and narrowing along the outside of the gutter supporting portion). The two wings have a curvature shaped to conform to the half round gutter, and a front gutter retaining portion (14) extending forwardly from the gutter supporting portion.
Regarding claim 15, there were two sidewalls (on each side of 4 there are sidewalls extending between 4 and the portions that has holes 7 and 8) adjacent the mounting surface, and the sidewalls are inwardly tapered from a bracket top to the rib. Regarding claim 16, the rib is open upwardly between the two ribs (see figures 1 and 4). Regarding claim 17, the two wings extend along an entire length of the gutter supporting portion.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ninin. Ninin discloses the one or more rear gutter retaining tabs as including two rear gutter retaining tabs that abut the wings, but does not disclose each rear gutter retaining tab tapering inwardly. However, the specific shape of the gutter retaining tabs is a design preference that would have been obvious to one of ordinary skill before the effective filing date of the present invention, because the particular configuration of the tabs does not appear to be significant.
Conclusion
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632