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 .
Status of Claims
Claims 1-10 are pending. Claims 1-5 are subject to examination in this Office action. Claims 6-10 are withdrawn (non-elected).
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-5) in the reply filed on 11 June 2026 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted to date are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the Examiner.
Specification
Per MPEP § 606, the word “a” should not be included as the first word of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records. Accordingly, the title of the invention is now reflected in the Office’s records as: WALL STUD MADE OF HARDBOARD.
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 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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as anticipated by WO 2021/246937 A1 (cited by Applicant).
Regarding independent claim 1, WO '937 describes a wall stud (10), comprising
an elongated body (16 in figure 2, 32h in figure 11b) and at least one flange (28h, 30h) extending from said body (32h) thereby providing a wall stud width being greater than a thickness of the elongated body (see e.g., Fig. 11b),
wherein the body and the at least one flange are made of hardboard (see description, page 3, line 18-19 where the body (32h) and the flanges (28, 30h), here called sheet member, is made of Masonite, which is a hardboard).
Regarding claim 2, wherein the elongated body and the at least one flange together form an I-shape, L-shape, T-shape, C-shape or rectangular cross-section (Fig. 11b).
Regarding claim 3, wherein the elongated body and the at least one flange form folded parts of the same hardboard panel (Fig. 11b).
Regarding claim 4, wherein the at least one flange is glued to the elongated body (Fig. 11b).
Regarding claim 5, wherein an interface between the elongated body and one of the at least one flanges forms a corner shape, and wherein an apex of said corner shape is provided with a radius (Fig. 11b).
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as anticipated by BR 8200654 A (cited by Applicant).
Regarding independent claim 1, BR '654 describes a wall stud (“structural beams”, “partition profiles”), comprising
an elongated body (2, Fig. 1B) and at least one flange (3) extending from said body thereby providing a wall stud width being greater than the thickness of the elongated body (see Fig. 1B, see also Figs. 1-2C, 5-8A),
wherein the body and the at least one flange are made of hardboard (page 5 of the translation, last paragraph).
Regarding claim 2, wherein the elongated body and the at least one flange together form an I-shape, L-shape, T-shape, C-shape or rectangular cross-section (see e.g., Figs. 1-8A).
Regarding claim 3, wherein the elongated body and the at least one flange form folded parts of the same hardboard panel (see e.g., Figs. 1-8A).
Regarding claim 4, wherein the at least one flange is glued to the elongated body (see e.g., Figs. 1-8A).
Regarding claim 5, wherein an interface between the elongated body and one of the at least one flanges forms a corner shape, and wherein an apex of said corner shape is provided with a radius (see e.g., Figs. 1-8A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
Authorization for Email Communication – In the event Applicant wishes to communicate with the Examiner via electronic mail, written authorization should be provided in Applicant’s next response. See MPEP § 502.03. The following is a sample authorization form which may be used by Applicant:
Recognizing that Internet communications are not secure, we hereby authorize the USPTO to communicate with any authorized representative concerning any subject matter of this application by electronic mail. We understand that a copy of these communications will be made of record in the application file.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY MINTZ whose telephone number is (571)270-7327. The examiner can normally be reached on M-Th 0730 - 1630 EDT.
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, Brian Mattei can be reached on 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635
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