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)(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) 1-3, 5, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 2,818,608 to Lawrence III (“Lawrence”).
Regarding claim 1, Lawrence discloses a pocket drywall construction for a sliding door system, the pocket drywall construction comprising: at least two pocket profiles (see embodiment 22a, 26a of profiles in Fig. 7; each profile defining opposing widths of a door opening) wherein each of the at least two pocket profiles 22a, 24a comprise at least one side flange portion (side portions of 78a that have male or female joint elements 110) with multiple male or female joint elements 110 of a releasable fastening connection arranged therein; and at least two mounting elements (66a, 16a) for a vertically adjustable installation of a runner rail 44 of the pocket drywall construction in between the at least two pocket profiles.
Regarding claim 2, Lawrence discloses that each of the at least two pocket profiles 22a, 26a comprise two side flange portions (two flanges with elements 110) arranged in parallel at opposite sides of a base portion.
Regarding claim 3, Lawrence discloses that the male or female joint elements 110 of the pocket profiles are configured as female joint elements 110 having a side flap (flaps surrounding and defining openings 110).
Regarding claim 5, Lawrence discloses that each of the two side flange portions of the pocket profiles comprise one single row of male or female joint elements 110.
Regarding claim 16, Lawrence a door leaf 48 arranged to the runner rail 44 in such a way as to be moved at least partially in and out of the at least two pocket profiles.
Regarding claim 17, Lawrence discloses that the runner rail 44 is releasably fastened with the at least two mounting elements 66a to the at least two pocket profiles 22a, 26a.
Claim(s) 1 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,733,755 to Butler (“Butler”).
Regarding claim 1, Butler discloses a pocket drywall construction capable of use for a sliding door system, the pocket drywall construction comprising: at least two pocket profiles 25; wherein each of the at least two pocket profiles (profiles 25, laterally adjacent as shown in Fig. 1) comprise at least one side flange portion 36 with multiple male or female joint elements 61 of a releasable fastening connection arranged therein; and at least two mounting elements 92 for a vertically adjustable installation of a runner rail 93 of the pocket drywall construction in between the at least two pocket profiles.
Regarding claim 15, Butler discloses at least one traverse element 60 for a releasable fastening connection (via 63) with the at least two pocket profiles, whereby the at least one traverse element 60 has a first end section and a second end section, whereby each of the first end section and second end section comprise at least one male or female joint element 63 complementary to the male or female joint elements 61 of the at least two pocket profiles for a releasable fastening connection with the at least two pocket profiles.
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(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lawrence.
Regarding claim 4, Lawrence does not expressly disclose that the male or female joint elements are arranged regularly spaced to each other within a range of 2 cm to 10 cm. It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP 2144.04 IV A.
Allowable Subject Matter
Claims 6-13 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 following is a statement of reasons for the indication of allowable subject matter: None of the prior art, alone or in obvious combination absent hindsight, discloses applicant’s invention of a pocket drywall construction including a mounting plate structured as required by claim 6. While a mounting element that anticipates claim 6 is disclosed by DE4412505 to Nyhuis, Nyhuis' mounting element is mounted directly onto a façade and not in between two pocket profiles with male or female joint elements on their side flanges for assembling a pocket door in a drywall. There wouldn’t be a motivation to modify Lawrence, as the mounting element 66a of Lawrence engages the pocket profiles in an entirely different manner.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 and 15-17 have 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.
While claim 14, which previously depended from claim 6, was indicated as allowable, the language of claim 6 was not amended into claim 1. As noted in the reasons for allowance above, it would not have been obvious to modify the primary reference to have the particular structure of the mounting plate as recited in claim 6.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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