DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species 3, Figures 7-13, claims 1-3 and 5-18, in the reply filed on August 19, 2026 is acknowledged.
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 19, 2026.
Claim Objections
Claims 1, 3, 5, 10, 15, 16 and 18 are objected to because of the following informalities:
In claim 1 (line 1) “comprising” should recite –comprising: --.
In claim 3 (line 2) “a profile axis” should recite –the profile axis--.
In claim 3 (line 4) “circumference” should recite –cross-section--.
In claim 5 (line 3) “may provide” should recite –define--.
In claim 10 (line 9) “by the profile” should recite –with a profile--.
In claim 15 (line 3) “is comprised” should recite –is defined--.
In claim 16 (line 5) “a profile” should recite –the profile--.
In claim 16 (line 6) “a profile” should recite –the profile--.
In claim 16 (line 9) “flange side” should recite –flange side, --.
In claim 18 (line 2) “comprising a thread portion defining a fastener axis (AF)” should be deleted.
For the purpose of examining the application, it is assumed that appropriate correction has been made.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 and 5-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 (lines 12-15) recites “wherein the system is arranged for, when the protrusions are received in the at least one recess, the fastener reversibly fixing the connection member to the profile member and reversibly causing urging the protrusions outwardly against opposite outer walls of the at least one recess”.
Claim 1 fails to recite any limitations which enable one to properly determine what structural features define the fastener such that it “reversibly urges the protrusions outwardly against opposite outer walls of the at least one recess”. It is unclear as to how the fastener is actuated and how the fastener structurally engages the protrusions such to “urge the protrusions outwardly against opposite outer walls of the at least one recess”. Accordingly, one is unable to properly determine the metes and bounds of such claim. Claims 2, 3 and 5-20 depend from claim 1 and are likewise rejected as being indefinite.
Claim 10 (lines 1-8) recites “A construction system comprising a profile member… a construction member… a fastener… in particular a construction system according to claim 1”.
Claim 10 fails to properly depend from claim 1. Such claim appears to subsequently redefine the same “profile member”, “construction member, and “fastener” already previously defined in claim 1. Such double inclusion renders the claim indefinite.
For the purpose of examining the application, it is assumed that claim 10 (lines 1-8) is amended to recite –The construction system according to claim 1--.
Claim 16 (lines 1-2) recites “A hammerhead fastener for the construction system according to claim 1, comprising”.
Claim 16 fails to properly depend from claim 1. It unclear as to whether such claim positively requires an assembly comprising the construction system of claim 1; and unclear as to whether such claim positively claims that the hammerhead fastener comprises the fastener within the construction system of claim 1.
Examiner notes that for the purpose of examining the application, it is assumed that claim 16 does not depend from claim 1, and merely requires the intended functional limitations of being --for a construction system--.
Claim 16 (lines 15-18) recites “a small flange radius, which may be rounded, and… a small collar radius, which may be rounded”.
The phrase “which may be” renders the claim indefinite as it is unclear as to what is positively claimed as the invention.
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.
Claims 1-3 and 5-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herb (US 7,137,753).
As to claim 1, Herb discloses a construction system comprising:
a profile member 2.1 extending along a profile axis and having a face provided with at least one recess 3.1;
a connection member 6,9.1,9.2 being configured for being fixed onto the face and for connecting to a further member 2.2;
a fastener 8.1 for fastening the connection member onto the face;
wherein the connection member comprises a mounting side for mounting to the face, at least the mounting side being resiliently deformable and the mounting side being provided with protrusions 10.1,10.2 receivable in the at least one recess;
wherein the system is arranged for, when the protrusions are received in the at least one recess, the fastener reversibly fixing the connection member to the profile member and reversibly causing urging the protrusions outwardly against opposite outer walls of the at least one recess (Figures 1a-4b).
As to claim 2, Herb discloses a system wherein the mounting side is in an unfastened configuration resiliently concave, for, when the protrusions 10.1,10.2 are received in the at least one recess 3.1,
engaging the face on opposite sides of the fastener 8.1 and keeping a central portion arranged in between the engaging portions spaced from the face, and
by fastening the fastener to provide a fastened configuration, resiliently flattening at least the central portion of the mounting side towards the face and urging the protrusions outwardly against opposite outer walls of the at least one recess (Figures 1a-4b).
As to claim 3, Herb discloses a system wherein the profile member 2.1 is elongate along the profile axis and/or the profile member has a generally polygonal cross-section;
wherein the face is a side face parallel along the profile axis, or an end face having a normal oriented at an angle to the profile axis of 0, 15, 30, 45, 60 or 75 degrees (Figures 1a-4b).
As to claim 5, Herb discloses a system wherein the at least one recess 3.1 is formed as an undercut groove partly defined by overhanging flange portions 4.1,4.2, wherein the overhanging flange portions define said outer walls of the at least one recess (Figures 1a-4b).
As to claim 6, Herb discloses a system wherein the connection member 6,9.1,9.2 defines a fastener position and/or fastener axis, the protrusions 10.1,10.2 being urged outward with respect to the fastener position and/or fastener axis (Figures 1a-4b).
As to claim 7, Herb discloses a system wherein the connection member 6,9.1,9.2 defines a fastener axis perpendicular to the face (Figures 1a-4b).
As to claim 8, Herb discloses a system wherein the connection member 6,9.1,9.2 is provided with a profiled connection portion A (Figure 1a reprinted below with annotations), and wherein the profiled connection portion is provided with one or more protrusions A and/or recesses defining predetermined connection positions and/or -orientations for complementary mounting portions (Figures 1a-4b).
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As to claim 9, Herb discloses a system wherein the profiled connection portion A defines a fastener position and/or fastener axis and comprises plural protrusions A (Figures 1a-4b).
As to claim 10, Herb discloses a construction system wherein the at least one recess 3.1 has a general T-shape in cross-section with a profile comprising a neck portion providing the recess with a relatively narrow entrance and a wider open portion behind the entrance;
wherein the fastener 8.1 has a hammerhead shape for operable accommodation in the recess and comprises a collar 16.1 having a first structure cooperating 22.1,22.2,23.1,23.2 with a second structure B of the connection member 6,9.1,9.2 for in cooperation defining a relative rotary position of the fastener and the connection member about a fastener axis (Figures 1a-4b).
As to claim 11, Herb discloses a system wherein the cooperating first and second structures comprise at least one guiding portion 22.1,22.2 for guiding the fastener 8.1 and the connection member 6,9.1,9.2 towards the defined relative rotary position (Figures 1a-4b).
As to claim 12, Herb discloses a system wherein the guiding portion 22.1,22.2 comprises at least one guiding surface that is slanted with respect to the fastener axis (Figures 1a-4b).
As to claim 13, Herb discloses a system wherein both the first and second structures 22.1,22.2,23.1,23.2,B are configured to be at least partly arranged on opposite sides of the fastener 8.1 in a direction along the profile axis (Figures 1a-4b).
As to claim 14, Herb discloses a system wherein the fastener 8.1 comprises a twist flange 17.1 and associated twist collar 16.1, defining a longitudinal and a lateral direction, wherein the twist flange has a lateral flange side and the collar has an associated lateral collar side 22.1,22.2, wherein the lateral collar side is rotationally offset from, the lateral flange side (Figures 1a-4b).
As to claim 15, Herb discloses a system wherein the second cooperating structure B is defined in the protrusions 10.1,10.2 of the mounting side of the connection member 6,9.1,9.2 (Figures 1a-4b).
Claims 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linger (US 6,733,221).
As to claim 16 as best understood, Linger discloses a hammerhead fastener for a construction system, comprising a twist flange for being received in a groove 17 of a profile member 12 of the construction system and associated twist collar 20 (Figure 3 reprinted below with annotations), the twist flange defining a longitudinal direction for operable orientation generally transverse to the profile member of the construction system and a lateral direction for operable orientation generally in an axial direction of the profile member of the construction system, wherein the twist flange has a lateral flange side 24 and the collar has an associated lateral collar side A, wherein the lateral collar side is rotationally offset from the lateral flange side,
the hammerhead fastener, comprising a threaded portion 19 defining a fastener axis wherein relative to the fastener axis,
the twist flange has a generally rhomboid- or parallelogram-shape in cross section with relatively short flange sides B and relatively long lateral flange sides C, opposite relatively sharp flange corners D at a large flange radius, and opposite relatively blunt flange corners E at a small flange radius, and
the collar has a generally parallelogram-shape in cross section with opposite relatively sharp collar corners F at a large collar radius and opposite relatively blunt collar corners G at a small collar radius (Figures 1-6).
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As to claim 17, Linger discloses a hammerhead fastener wherein the sharp collar corners F are generally aligned towards the sharp flange corners D or are directed towards the short flange sides B (Figures 1-6).
As to claim 18, Linger discloses a hammerhead fastener wherein the collar 20 has at least one perpendicular corner F about the fastener axis (Figures 1-6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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10/02/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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