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 Rejections - 35 USC § 102
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)(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.
Claims 1-2 and 4-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 9,140,007 to Beaty et al.
Regarding claim 1, Beaty teaches in Figure 4, an attachment device (110) [hat channel (Column 3, Line 53)] for attaching a construction panel (270) [cladding (Column 4, Line 1)] to a frame element (130) [face plate (Column 3, Line 53)], the attachment device (110) comprising a first attachment means (120, Fig 4A) [latch (Column 4, Line 14)] and a second attachment means (272), the first attachment means (120, Fig 4A) being used to attach the device (110) to the frame element (130), the second attachment means (272) is used to attach the device (110) to the construction panel (270), wherein the second attachment means (272) comprises a first connector element [aperture for fastener] configured to engage with a corresponding second connector element [fastener (Column 5, Line 4)] located on the construction panel (270) and wherein the attachment device (110) comprises a main plate element (112) [planar base (Column 4, Lines 7-8)] from which the first attachment means (120, Fig 4A) and the second attachment means (272) extend, and wherein the device (110) is arranged so that the frame element (130) is arranged between the construction panel (270) and the main plate (112).
Regarding claim 2, Beaty teaches in Figure 4, the first connector element [aperture] and the corresponding second connector element [fastener] belong to a male-female connector, the male-female connector comprising a plug and a receptacle.
Regarding claim 4, Beaty teaches in Figure 4, the first connector element [aperture] is a receptacle.
Regarding claim 5, Beaty teaches in Figure 4A, the first attachment means (120) comprises at least one hook [latch (Column 4, Line 14)].
Regarding claim 6, Beaty teaches in Figure 4, the second attachment means (272) comprise at least one secondary plate element (124) [flange (Column 4, Line 22)] from which the first connector element [aperture] extends.
Regarding claim 7, Beaty teaches in Figure 4A, the first attachment means (120) comprise at least one arm (116) from which at least one hook [latch (Column 4, Line 14)] extends.
Regarding claim 8, Beaty teaches in Figure 4, the at least one secondary plate element (124) extends from the main plate element (112) at an angle, the secondary plate element (124) being at a right angle [to side wall 116 in Figure 4A].
Regarding claim 9, Beaty teaches in Figure 4A, the at least one arm (116) extends from the main plate element (112, Fig 4) perpendicularly, the arm (116) being straight.
Regarding claim 10, Beaty teaches in Figure 4, the second attachment means (272) comprise two secondary plate elements (124) [pair of flanges (Column 4, Lines 21-22)], the secondary plate elements (124) being symmetrical [as seen].
Regarding claim 11, Beaty teaches in Figures 4 and 4A, the first attachment means (120) comprises two arms (116), each of these arms being fitted with a hook [latch (Column 4, Line 14)], the two arms (116) being symmetrical [as seen].
Regarding claim 12, Beaty teaches in Figure 1, a construction surface system (10) [sub-framing system (Column 3, Line 49)] comprising a frame structure (100) [wall (Column 3, Line 50)], said frame structure (100) comprising at least one frame element (102) [studs (Column 3, Lines 50-51)], the construction surface system (10) further comprises at least one construction panel (270) [cladding (Column 4, Line 1)] attached to said frame structure (100), wherein said construction surface system (10) further comprises at least one attachment device (110) [hat channel (Column 3, Line 53)] according to claim 1 for supporting said construction panel (270), wherein Figure 4 shows the at least one attachment device (110) comprises at least one first connector element [aperture for fastener] and wherein the at least one construction panel (270) comprises at least one second connector element [fastener (Column 5, Line 4)] configured to engage with the first connector element [aperture for fastener] of the attachment device (110).
Regarding claim 13, Beaty teaches in Figure 1, each construction panel (270) is supported by at least two attachment devices (110).
Regarding claim 14, Beaty teaches in Figure 1, the frame structure (100) comprises at least two frame elements (102) [studs (Column 3, Lines 50-51)], the at least two frame elements (102) being parallel to one another.
Regarding claim 15, Beaty teaches in Figures 4 and 4A, the attachment device (110) comprises at least two first connector elements (272), each of the at least two first connector elements (272) being inserted into a second connector element [hole for fastener] of a different panel (270).
Regarding claim 16, Beaty teaches a method [a simple set of step comprising forming, providing and activating] of mounting a construction surface system (10) [sub-framing system (Column 3, Line 49)] according to claim 13, said method comprising: forming the frame structure (100) [wall (Column 3, Line 50)] comprising at least one frame element (102) [studs (Column 3, Lines 50-51)]; providing at least one attachment device (110) [hat channel (Column 3, Line 53)] and its attachment to the frame element (102); providing at least one construction panel (270) [cladding (Column 4, Line 1)], said construction panel (270) comprising at least one second connector element [aperture for fastener], and activating the attachment device (110) to connect the first connector element (272) of the attachment device (110) to the second connector element [aperture] of the construction panel (270).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,140,007 to Beaty et al.
Regarding claim 3, Beaty teaches in Figure 4, the first connector element [aperture] is a receptacle which is opposite of the claim requiring the first connector element to be a plug. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first connector element be a plug since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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