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 .
Election/Restrictions
Claims 1-10, 15 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/14/26.
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 11-14 and 18 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 11 recites “the direction of the convex” and “the ends of the opposing” which lack antecedent basis. Claims 12-14 and 18 are rejected for depending from claim 11.
Claim 13 recites “the middle” lacking antecedent basis.
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) 11 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,112,639 to Zimmermann.
Regarding claim 11, Zimmermann discloses silo panels being arced and with convex outer surface (fig. 2) with arc in one direction (as seen in fig. 2) and straight in a second direction (vertical as seen in fig. 1: 31, 32) and with panel bodies forming a cylinder shape of the silo, a circumferential flange (33, 34, 35, 36) around the periphery of the panel with arced top and bottom and straight opposite side sections.
Regarding claim 12, Zimmermann discloses a clamp (15) and engagement element (12).
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) 13, 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,112,639 to Zimmermann.
Regarding claim 13, Zimmermann does not disclose the clamp at a middle of the first angular direction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zimmerman by having the clamp at a middle since the positioning of the clamp may be construed as between two panels, of a plurality, which would constitute a middle section of two panels. Also, the placement in a middle position would have been an obvious design choice for further reinforcement.
Regarding claims 14 and 18, Zimmermann discloses the basic claim structure of the instant application but does not disclose specific dimensions. Applicant fails to show criticality for specifically claimed dimensions, therefore it would have been an obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zimmermann to use the dimensions such as specified in these claims depending upon the strength needed for the clamp.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633
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