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 .
This non-final Office action is in response to Applicant’s patent application number 18/866,442 filed on 11/15/2024.
Currently, claims 1-20 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/15/2024 is being considered by the examiner.
Note, two cited prior arts have been crossed out and not being considered because they are invalid publication numbers: 2005/139423 and 2010/037544.
Specification
The abstract of the disclosure is objected to because texts “(Figure 2)” on line 10 should be removed. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: means of a plurality of individual rail holders in claim 18.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-20 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.
Re claim 1, lines 2, 4, 5; citations “a first roof support…a first tarpaulin…a first elongated rail” render claim indefinite and confusing because it’s unclear whether there are “a second roof support…a second tarpaulin…a second elongated rail” in the claim(s)? Clarification/correction is required. Claims 2-19 depending upon the rejected claim 1 are also rejected. Claim 20, lines 3, 5, 8; having the same issues as mentioned is also rejected.
Re claim 4, line 3; a phrase “which” renders the claim indefinite and confusing because it’s unclear whether “which” referring to which structure? Clarification is required.
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 (i.e., changing from AIA to pre-AIA ) 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.
As best understood, claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 4,593,710 to Stafford et al. (‘Stafford’).
Re claim 1: Stafford discloses a temporary protective roof system comprising: a first roof support beam (12) configured for providing main support and strength to a roof, a first tarpaulin (16), a first elongated rail structure (86) having a tarpaulin attachment interface 96 (Fig. 14) for attachment of the first tarpaulin (16) to the first elongated rail structure (86), and a rail holder (88) for detachably fastening the first elongated rail structure (86) to the first roof support beam (12), wherein the rail holder (88) of the first elongated rail structure (86) comprises at least two moveable locking pins (114, one on each side, Fig. 9) for disconnectable engagement with the first roof support beam (12).
Re claim 2: wherein the tarpaulin attachment interface 96 (Fig. 14) of the first elongated rail structure (86) comprises: a first keder groove (i.e. wherein 96 points to), wherein the first tarpaulin (16) has a rectangular form with first and second opposite side edges, wherein the first tarpaulin (16) has a first keder chord (100) located along the first side edge and a second keder chord (100) located along the second side edge, and wherein the first keder chord (100) is configured for being inserted into, and slidingly moveable within, the first keder groove (see Fig. 14) of the first elongated rail structure (86), or an elongated nailing strip that is fastened on top side of the first elongated rail structure, wherein the first tarpaulin has a rectangular form with first and second opposite side edges, and wherein the first tarpaulin is configured for being nailed to the nailing strip.
Note, the citation after an alternative phrase “or” is optional; therefore, it’s not being considered or given any patentable weight.
Re claim 3: wherein the at least two moveable locking pins (114) of the rail holder (88) are arranged for disconnectable engagement with corresponding holes or recess (62) in the first roof support beam (12).
Re claim 4: wherein the at least two moveable locking pins (114) are moveable between an engaged position, in which the locking pins are engaged with the first roof support beam (12) for securing the rail holder (88) to the first roof support beam (12), and a disengaged position, in which the locking pins (114) are not engaged with the first roof support beam (12), and the rail holder (88) is removable from the first roof support beam (12).
Re claim 5: wherein the at least two moveable locking pins (114) are spring-loaded (i.e. at 118) towards the engaged position (Fig. 14).
Re claim 6: wherein the at least two moveable locking pins (114) are configured for engaging opposite sides of the first roof support beam (12).
Re claim 7: wherein at least one moveable locking pin (114), specifically each of at least two moveable locking pins (114), is coupled to a common or separate control arm (118) for enabling motion control of the moveable locking pin (114) between the engaged position and disengaged position by manually operating said control arm (118).
Re claim 8: wherein at least one moveable locking pin (114), specifically each of at least two moveable locking pins (114), can be selectively set and/or locked in the engaged position and disengaged position, by manually turning the control arm (114).
Re claim 9: wherein the rail holder (88) and the first roof support beam (12) are configured for providing automatic attachment of the rail holder (88) to the first roof support beam (12) when the rail holder (88) is pushed towards the first roof support beam (12).
Re claim 10: wherein at least a front region of said at least two locking pins (114) has a conical or tapered shape over a portion of a total length of the locking pin (114), such that a conical or tapered front region of the locking pins (114) is configured to interact with the first roof support beam (12) in engaged position of the moveable locking pins (114, Fig. 9).
Re claim 11: wherein the rail holder (88) has a foot (90) that is configured for being in contact with the first roof support beam (12), and wherein the at least two moveable locking pins (92) are located in said foot (90).
Re claim 12: wherein a contact surface of the first roof support beam (12) configured to receive the foot of the rail holder (88) is rounded or inclined, such that the locking pins (114) are configured to be automatically pushed back against the force of a spring device when the foot (90) is pushed towards the first roof support beam (12) and the locking pins (92) start engaging an exterior surface of the first roof support beam (12), and such that the locking pins are configured to automatically move forwards towards the first roof support beam (12) when the foot with the locking pins reaches the final position.
Re claim 13: wherein the rail holder (88) with the at least two spring-loaded locking pins (114) is arranged with snap-fit functionality.
Re claim 14: wherein the rail holder (88) comprises an elongated beam having first and second ends, wherein the first end of the beam is provided with a rail attachment interface (near 86) configured for enabling rigid connection with the first elongated rail structure (86), and wherein the second end of the beam is provided with the foot (90) for enabling detachable connection with the first roof support beam (12).
Re claims 15, 16: wherein the first roof support beam (12) is a lattice girder having a top chord (i.e. wherein 84 points to, Fig. 4), a bottom chord (i.e. wherein 40 points to), and a plurality of interconnecting elements (i.e. wherein 50 points to) fastened to the top and bottom chords and arranged for transmitting loads between the top and bottom chords; and wherein each of the top and bottom chords (59, 60) are made of hollow cylindrical tubes (see Fig. 2 or wherein 88 points to, Fig. 14).
Re claim 17: wherein the foot (90) has a load carrying portion with a contact surface configured for abutting and transmitting a load to the top chord of the first roof support beam (12) when the foot (90) is installed on the first roof support beam (12), and wherein the foot (90) further has first and second rigid side portions configured for extending partly over the sides of the top chord and for holding the locking pins (92).
Re claim 18: wherein the first elongated rail structure (86) is detachably fastened to the first roof support beam (12) by means of a plurality of individual rail holders (88) that are located spaced apart along the length of the first elongated rail structure (86).
Re claim 19: wherein the foot (90) comprises a brazing element attachment interface (i.e. near 90 points to, Fig. 9) on each side of the foot (90) for enabling attachment of a structural brazing element to the foot (90).
Re claim 20: Stafford discloses a method for assembling a temporary protective roof system comprising: providing a first roof support beam (12), and providing a first elongated rail structure (86) having a tarpaulin attachment interface (96) and a rail holder (88), detachably fastening the first elongated rail structure (86) to the first roof support beam (12) by engagement of at least two moveable locking pins (114) of the rail holder (88) with the first roof support beam (12), assembling a first tarpaulin (16) on the first elongated rail structure (86) by attaching the first tarpaulin (16) to the tarpaulin attachment interface (96) of the first elongated rail structure (86, Figs. 9-14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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