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 § 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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication # 2010/0031597 to Baek in view of Japanese Patent Application # 06-054829 to Shiro.
Regarding claim 1, Baek teaches in Figures 2 and 3, an apparatus (Paragraph 0001) for fixing finishing stone (100) (Paragraph 0024) for construction (Paragraph 0001), the apparatus comprising: an angle (50) [bracket (Paragraph 0024)] comprising a vertical portion (52) [fixation end (Paragraph 0038)] configured to be fixed to a wall body (40) [beam (Paragraph 0024)] via a bolt (60) (Paragraph 0038) and comprising a horizontal portion (56) [support end (Paragraph 0038)] that extends from a lower end portion of the vertical portion (52); an adjusting plate (80) [stiffener plate (Paragraph 0045)] comprising an angle connection portion (82) [bolt hole (Paragraph 0046)] which is configured such that a position of the angle connection portion (82) is adjusted [due to the bolt in the elongated slot] along the horizontal portion (56) of the angle (50) and which is configured to be coupled to the angle (50) via a bolt (92) (Paragraph 0046), the adjusting plate (80) comprising a first connecting portion [support end (Paragraph 0049)] which extends toward one side of the angle connection portion (82) and which has a first pin hole (84) (Paragraph 0049) therein; and a fastening pin (96) (Paragraph 0049) inserted into and coupled to a groove in an upper surface of a finishing stone (100) positioned on a lower portion from the first pin hole (84) and inserted into and coupled to a groove in a lower surface of a finishing stone (100) positioned on an upper portion from the pin hole (84). Baek does not teach the adjusting plate has a second connecting portion with a second pin hole or a pair of fastening pins. However, Shiro teaches in Figures 1 and 2, an adjusting plate (20a) comprising first and second connecting portions each extending towards opposing sides and having respective pin holes for a pair of fastening pins (5 and 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Baek with Shiro and have a reasonable expectation of success because having an adjusting plate with first and second connecting portions would allow for even load distribution.
Regarding claim 2, Baek in view of Shiro teach an apparatus. Furthermore, Shiro teaches in Figures 1 and 2, each of the first and second pin holes is formed long in the left and right directions, and is formed as a slot (22) having a diameter larger than a diameter of the pair of fastening pins (5 and 11) in front rear directions, so that a movement clearance of the pair of fastening pins (5 and 11) connected to the finishing stones (A1 and A2) is secured. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Baek with Shiro and have a reasonable expectation of success because it has been held that the provision of adjustability, where needed, involves only routine skill in the art. In re Stevens, 101 USPQ 284 (CCPA 1954). The Examiner finds “thereby partially absorbing vibration” to be a recitation of the intended use of the invention. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Allowable Subject Matter
Claims 3 and 4 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: The Prior Art does not anticipate or make obvious the claimed fastening pins.
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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