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 Objections
Claims 41-42 are objected to because of the following informalities: These claims depend from claim 23, there is no claim 23 pending in the application. Appropriate correction is required.
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.
Claim 33 is 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 33: In line 1, the claim recites “the clearances”. There is insufficient antecedent basis for this limitation in the claim.
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 24-25, 27, 29, 32, and 34 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 208024672 U).
Claim 24: Zhang et al. discloses a modular carrying system (abstract) for carrying tools and/or workpieces so that they can be worked on (this limitation has been treated as merely the intended use of the claimed apparatus, since the apparatus of Zhang et al. is capable of performing the stated intended use, the apparatus of Zhang et al. provides this limitation), including a plurality of octagonal profiles each with eight side surfaces (1,2), which each have a multiplicity of arrangement holes (holes depicted in Figure 1 that are utilized to secure the 3,4 to 1,2), wherein a plurality of the octagonal profiles are connected to one another via connecting elements (3,4) to form a basic carrying structure (as depicted in Figure 1), wherein the connecting elements each have two arrangement portions (31,32,41,42), which each engage around three adjacent side surfaces of an octagonal profile (as depicted in Figure 1, each arrangement portion includes 6 surfaces for contacting and connecting two octagonal profiles), wherein the connecting elements each connect two octagonal profiles (as depicted in Figure 1, 1 is connected to 2 by the connecting element 3, and another octagonal profile could be connected to 2 by connecting element 4) in such a manner that the arrangement portions are each spaced apart from the central side surface of the three adjacent side surfaces of a respective octagonal profile and are arranged in a form-fitting manner on the outer side surfaces of the adjacent side surfaces of a respective octagonal profile via the arrangement holes in the outer side surfaces of the adjacent side surfaces (as depicted in Figure 1, bolts extend through the side surfaces of the connecting elements and into holes formed in the octagonal profiles, between the side surfaces there is a central surface that is in contact with the octagonal profiles).
Claim 25: Zhang et al. further discloses at least some of the connecting elements are designed in the form of first connectors (4) for the right- angled connection of two octagonal profiles in the same arrangement plane; and/or in that at least some of the connecting elements are designed in the form of second connectors (3) for the right-angled connection of two octagonal profiles in arrangement planes which are offset parallel in relation to one another.
Claim 27: Zhang et al. further discloses that the arrangement portions of the first connectors are arranged at right angles (the arrangement portions 41 and 42 of 4 are arranged at 90° from each other, this is required as the interior angles of an octagon are 45°) in relation to one another and comprise continuous outer portions, which butt in a form-fitting manner against the outer side surfaces of the adjacent side surfaces (as depicted in Figure 1, the outer portions butt against the side surfaces of the octagonal profile), and inner portions (as depicted in Figure 1, 4 includes an inner portion that connects the outer portions having the holes through which the depicted bolts pass through), which connect the outer portions, wherein the outer portions have fastening holes, which are designed to correspond to the arrangement holes (as depicted in Figure 1, the depicted bolts extend through the outer portions and into holes formed in the octagonal profiles).
Claim 29: Zhang et al. further discloses that the first connectors have a connecting crosspiece (33,43), which connects the outer ends of the inner portions.
Claim 32: Zhang et al. further discloses that a connecting crosspiece of a respective first connector is connected to the inner portions via a continuously formed-on portion (this limitation is provided by the chamfers formed at the base of 33 and 43).
Claim 34: Zhang et al. further discloses that the arrangement portions of the second connectors (3) are spaced apart from one another via a connecting structure (33) and, as seen in respect of a common perpendicular bisector, are arranged orthogonally in relation to one another (as depicted in Figure 1, 31 and 32 are arranged orthogonally relative to each other), wherein the arrangement portions of the second connectors have continuous second outer portions (as depicted in Figure 1 this surface is the surface of 31,32 that is against 1 and 2), which butt in a form-fitting manner against the outer side surfaces of the adjacent side surfaces and have second fastening holes (these holes are the holes through the depicted bolts extend), which are designed to correspond to the arrangement holes (these holes correspond to holes in 1,2 such that 3 can be connected to 1 and 2 and therefore connect 1 to 2), wherein the second outer portions are connected to one another via the connecting structure (as depicted in Figure 1).
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 26 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208024672 U) in view of Wang et al. (US 9,494,273 B2).
Claim 26: While Zhang et al. further discloses that at least some of the first connectors and/or at least some of the second connectors connect two octagonal profiles with the same width across their flats (as depicted in Figure 1, the flat widths of 1 and 2 are the same), Zhang et al. fails to disclose that the flat widths are different.
However, Wang et al. teaches that it is known in the art to form modular carrying systems from profiles of varying widths (see 111,109, and 108 of Figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the connectors of Zhang et al. such that they were sized to connect profiles of different widths. This modification would have been obvious to and well within the ability of one of ordinary skill in the art to make since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit 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.
Claims 28, 33, 35, and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208024672 U) in view of Bilsing (US 2006/0245824 A1).
Claims 28 and 35: Zhang et al. fails to disclose that the inner portions of the first connectors each have a clearance and/or that there is a clearance between the second outer portions of a respective arrangement portion.
However, Bilsing teaches profile connectors (136 of Figure 9) that include a clearance (hole through which 122 passes).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the connectors of Zhang et al. such that they included a clearance, because a clearance would allow for the connectors to be bolted to the profiles at an additional location, increasing the strength of the connection.
Claim 33: Bilsing further teaches clearances (hole through which 122 passes) of inner portions of arrangement portions (136 of Figure 9) are dimensioned in such a manner that, in order for the first connectors to be mounted on the profiles (112 of Figure 9), the first connectors (136 of Figure 9) can be centered via centering pins (122 of Figure 9) introduced into the clearances and/or, in order for the first connectors to be removed from the octagonal profiles, centering pins (122 of Figure 9) can be introduced into the clearances.
Claim 41. Zhang et al. fails to disclose that some of the connecting elements each have at least one centering pin, wherein the at least one centering pin engages in an arrangement hole in the respective octagonal profile.
Bilsing further teaches connecting elements (136 of Figure 9) each having at least one centering pin (122 of Figure 9), wherein the at least one centering pin engages in an arrangement hole (hole through which 122 passes) in the respective octagonal profile.
Therefore, it would have been obvious to one of ordinary skill in the art to modify some of the connectors of Zhang et al. such that they included a centering pin engaging an arrangement hole of the profile of Zhang et al. because this modification would improve the alignment of the profiles and connectors of Zhang et al.
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208024672 U) in view of Baroody (US 4,386,870).
Claim 42. Zhang et al. fails to disclose that some of the octagonal profiles each have a material accumulation in the interior, beneath the side surfaces, wherein the arrangement holes pass through the material accumulation and the arrangement holes have an internal thread.
However, Baroody teaches a profile (11 of 1) having a material accumulation (23 of Figure 1) in the interior, beneath the side surfaces, wherein an arrangement hole (28 of Figure 1) that passes through the material accumulation and the arrangement holes have an internal thread (as depicted in Figures 1 and 2).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the profile of Zhang et al. such that it included a threaded material accumulation in its interior because this modification would have provided an additional means for securing the profiles and connectors strengthening the joint therebetween.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 208024672 U) in view of Bingeser et al. (US 10,871,181 B2).
Claim 43: While Zhang et al. discloses that at least some of the connecting elements are arranged on the octagonal profiles by way of screws (socket head cap screw of Figure 1), Zhang et al. fails to disclose that the screws include an anti-friction coating.
However, Bingeser et al. teaches that it is known in the art to form screws with an anti-friction coating (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the screws of Zhang et al. such that they included an anti-friction coating because this modification would prevent the screws from sticking in the connectors and allow them to be more easily removed when rearranging the profiles.
Allowable Subject Matter
Claims 30-31 and 36-40 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON L VAUGHAN whose telephone number is (571)270-5704. The examiner can normally be reached Mon-Friday 8:30 - 5:00.
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/JASON L VAUGHAN/Primary Examiner, Art Unit 3726
