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 .
Specification
The disclosure is objected to because of the following informalities:
Page 8, paragraph 24, “FIGS. 1-6” should be changed to --FIGS. 2-6-- since FIGS. 1A-1B are prior art and do not show anchoring bracket 200.
Page 10, paragraph 29, “second leg member 220” should be changed to --second leg member 230--.
Pages 11-12, paragraphs 33-34, reference character 260 is referred to as both “top member” and “top side member”. Each element should have only one consistent name throughout the entire specification.
Appropriate correction is required.
Claim Objections
Claims 1, 8 and 15-18 are objected to because of the following informalities:
Claim 1 (line 7) recites “top member” and claims 1 (line 13) and 15-18 recite “top side member”. Each recitation of an element name should be consistent throughout the entire set of claims.
Claim 8, line 1, “form at a first line” should be changed to --form a first line-- or --form at least a first line--.
Appropriate correction is required.
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) 1-3, 6, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poldmaa (US 6,786,020 B2) in view of Shur (2,439,061).
Claim 1: Poldmaa discloses an anchoring bracket comprising: a pair of anchoring plates (32), each including at least a first leg member extending in a first direction (as seen in FIG. 5, they extend in a direction away from 18), each of the at least one first leg member including a hinge knuckle at a terminal end thereof (seen at the end of 32 near 18 in FIG. 3); a ridge cap member (30) including a top member (40) connecting a pair of opposite side members (42) disposed at opposite angles to thereby form a peak (as seen in FIGS. 1 and 4), each of the oppositely disposed side members including an aperture (38a, 38b) forming a hinge pin member (seen in FIG. 3) that connects the hinge knuckle of a respective first leg member such that each of the pair of anchoring plates is pivotally secured to the ridge cap member on a respective opposite side member of the ridge cap member (as seen in FIGS. 1, 2 and 4); and a D-ring connector (12, 14) rotatably connected to the top side member of the ridge cap member (as seen in FIGS. 1, 2 and 4).
Poldmaa lacks at least a second leg member. Shur discloses an anchoring bracket comprising: a pair of anchoring plates (14, 18), each including at least a first leg member (14) extending in a first direction and at least a second leg member (18) extending in a second direction perpendicular to the first direction such that the first leg member and the second leg member intersect with one another (as seen in FIG. 1), each of the at least one first leg member including a hinge knuckle at a terminal end thereof (seen in FIG. 1); a ridge cap member (10) including an aperture on opposing sides thereof forming a hinge pin member that connects the hinge knuckle of a respective first leg member such that each of the pair of anchoring plates is pivotally secured to the ridge cap member on a respective opposite side member of the ridge cap member (as seen in FIG. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Poldmaa to include at least a second leg member, such as that taught by Shur, to provide more directions in which the bracket can be attached to the roof thus increasing the overall stability of the anchoring bracket to ensure it does not become loose when in use.
Claim 2: Poldmaa discloses the first leg member as including at least a plurality of spaced apart boreholes (36) disposed along a portion of a length or width of the first leg member. Shur also teaches each of the first leg member and second leg member include at least a plurality of spaced apart boreholes disposed along a portion of a length or width of each of the first leg member and the second leg member (as seen in FIG. 1). Therefore, it would have been obvious to have a plurality of spaced apart boreholes on any second leg members added to Poldmaa to help secure the bracket to the roof.
Claim 3: Poldmaa teaches the plurality of boreholes disposed along a portion of the length or width of the first leg member as being spaced apart from one another to form at least one line of boreholes (as seen in FIG. 3, the arrangement of the boreholes provides at least a line of boreholes in multiple different directions, including 1. vertically along the direction of the first leg member, 2. horizontally across the direction of the first leg members, and 3. angled relative to the direction of the first leg member). Shur teaches the plurality of boreholes disposed along a portion of the length or width of the first leg member and the second leg member as being spaced apart from one another to form at least one line of boreholes (as seen in FIG. 1). As such, it would have been obvious to include at least one line of boreholes on both the first and second leg members.
Claim 6: Poldmaa discloses a portion of the plurality of boreholes forming the at least one line of boreholes as being equidistantly spaced apart from one another (as seen in FIG. 3, the angled lines formed by the boreholes each have three boreholes that are spaced equidistantly to each other). Shur teaches a portion of the plurality of boreholes forming the at least one line of boreholes as being equidistantly spaced apart from one another (as seen in FIG. 1). As such, it would have been obvious to include equidistantly spaced boreholes on both the first and second leg members.
Claim 14: Shur discloses the second leg member of each anchoring plate as being rotatably connected to the first leg member (via hinge pin 20).
Claim 15: Poldmaa discloses the top side member of the ridge cap member as being disposed at a height relative to each of the apertures (as seen in FIGS. 1, 2 and 4), and the D-ring connector is rotatably connected to the top side member with one or more of a nut, a bolt, a washer, a bearing, a washer bearing, and a rivet (connected via lock nut 16).
Claim(s) 1-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poldmaa (US 6,786,020 B2) in view of Platt (5,966,892).
Claim 1: Poldmaa discloses an anchoring bracket comprising: a pair of anchoring plates (32), each including at least a first leg member extending in a first direction (as seen in FIG. 5, they extend in a direction away from 18), each of the at least one first leg member including a hinge knuckle at a terminal end thereof (seen at the end of 32 near 18 in FIG. 3); a ridge cap member (30) including a top member (40) connecting a pair of opposite side members (42) disposed at opposite angles to thereby form a peak (as seen in FIGS. 1 and 4), each of the oppositely disposed side members including an aperture (38a, 38b) forming a hinge pin member (seen in FIG. 3) that connects the hinge knuckle of a respective first leg member such that each of the pair of anchoring plates is pivotally secured to the ridge cap member on a respective opposite side member of the ridge cap member (as seen in FIGS. 1, 2 and 4); and a D-ring connector (12, 14) rotatably connected to the top side member of the ridge cap member (as seen in FIGS. 1, 2 and 4).
Poldmaa lacks at least a second leg member. Platt discloses an anchoring plates (101; FIG. 7C), each including at least a first leg member (102) extending in a first direction and at least a second leg member (103/104; alternatively, the second leg member could be considered only member 103 or 104, as opposed to the combination of said plates) extending in a second direction perpendicular to the first direction such that the first leg member and the second leg member intersect with one another (as seen in FIG. 7C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Poldmaa to include at least a second leg member, such as that taught by Platt, to provide more directions in which the bracket can be attached to the roof thus increasing the overall stability of the anchoring bracket to ensure it does not become loose when in use.
Claim 2: Poldmaa discloses the first leg member as including at least a plurality of spaced apart boreholes (36) disposed along a portion of a length or width of the first leg member. Platt also teaches each of the first leg member and second leg member as including at least a plurality of spaced apart boreholes disposed along a portion of a length or width of each of the first leg member and the second leg member (as seen in FIG. 7C, the first leg member 102 comprises bore holes 105, 107 and the four boreholes located near the top of 102, and the second leg member 103/104 comprises 8 boreholes spanning the length/width of 103/104). Therefore, it would have been obvious to have a plurality of spaced apart boreholes on any second leg members added to Poldmaa to help secure the bracket to the roof.
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Claim 3: Poldmaa teaches the plurality of boreholes disposed along a portion of the length or width of the first leg member as being spaced apart from one another to form at least one line of boreholes (as seen in FIG. 3, the arrangement of the boreholes provides at least a line of boreholes in multiple different directions, including 1. vertically along the direction of the first leg member, 2. horizontally across the direction of the first leg members, and 3. angled relative to the direction of the first leg member). Platt teaches the plurality of boreholes disposed along a portion of the length or width of the first leg member and the second leg member as being spaced apart from one another to form at least one line of boreholes (as seen in annotated reproduced FIG. 7C of Platt above, lines A-I). As such, it would have been obvious to include at least one line of boreholes on both the first and second leg members.
Claim 4: Platt discloses the plurality of boreholes disposed along a portion of the length or width of the first leg member and the second leg member as being spaced apart from one another to form at least two lines of boreholes (member 102 comprises at least two spaced apart lines B-D; member 103/104 comprises at least spaced two lines H-J, as seen in the annotated reproduction of FIG. 7C above).
Claim 5: Platt discloses the plurality of boreholes disposed along a portion of the length or width of the first leg member and the second leg member as being spaced apart from one another to form at least three lines of boreholes (member 102 comprises at least three spaced apart lines B-D; member 103/104 comprises at least spaced three lines H-J, as seen in the annotated reproduction of FIG. 7C above).
Claim 6: Poldmaa discloses a portion of the plurality of boreholes forming the at least one line of boreholes as being equidistantly spaced apart from one another (as seen in FIG. 3, the angled lines formed by the boreholes each have three boreholes that are spaced equidistantly to each other). Platt teaches a portion of the plurality of boreholes forming the at least one line of boreholes as being equidistantly spaced apart from one another (as seen in the annotated reproduction of FIG. 7C above, at least lines C, D and F have equidistant boreholes in the first leg member 102, and line I has two ends with holes that are equidistantly spaced from one another in the second leg member 103/104). As such, it would have been obvious to include equidistantly spaced boreholes on both the first and second leg members.
Claim 7: Platt discloses a first portion of the plurality of boreholes forming the at least one line of boreholes are equidistantly spaced apart from one another, and a second portion of the plurality of boreholes forming the at least one line of boreholes are not equidistantly spaced part from one another (as seen in the annotated reproduction of FIG. 7C above, line B comprises two sets/portions of equidistantly spaced boreholes, but there is a large gap between the two portions of boreholes, i.e. the boreholes located in the upper part of 102 versus the boreholes located in the middle/lower part of 102; and line I comprises two sets/portions of equidistantly spaced boreholes, but there is a large gap between the two portions of boreholes, i.e. the boreholes located in 103 versus the boreholes located in 104).
Claim 8: Platt discloses the plurality of boreholes form at least a first line of boreholes and a second line of boreholes, and wherein a portion of the plurality of boreholes of the first line are equidistantly spaced apart from one another, and a portion of the plurality of boreholes of the second line are equidistantly spaced apart from one another, and the portion of the line of boreholes associated with the first line are aligned relative to the portion of the line of boreholes associated with the second line along one of a length or width thereof (member 102 comprises lines C and D, which each comprise equidistantly spaced boreholes and the boreholes of line C are aligned with the boreholes of line D; member 103/104 comprises lines H and J, which each comprise equidistantly spaced boreholes and the boreholes of line H are aligned with the boreholes of line J).
Claim 9: Platt discloses the plurality of boreholes form at least a first line of boreholes and a second line of boreholes, and wherein a portion of the plurality of boreholes of the first line are equidistantly spaced apart from one another, and a portion of the plurality of boreholes of the second line are equidistantly spaced apart from one another, and the portion of the line of boreholes associated with the first line are offset relative to the portion of the line of boreholes associated with the second line along one of a length or width thereof (member 102 comprises lines K and L, which each comprise equidistantly spaced boreholes and the boreholes of line K are offset with the boreholes of line L; member 103/104 comprises lines H and I, which each comprise equidistantly spaced boreholes and the boreholes of line H are aligned with the boreholes of line I).
Claim 10: Platt discloses the anchoring plates as including a third leg member extending in a second direction perpendicular to the first direction such that the first leg member and the third leg member (member 104, when the second leg member is considered just member 103) intersect with one another (as seen in FIG. 7C), the third leg member including a plurality of boreholes disposed along a portion of a length or width thereof to form at least one line of boreholes (there are four boreholes located on 104, as seen in FIG. 7C). Therefore, if there are two identical anchor plates 32 as taught by Poldmaa, each would have a third leg member.
Claim 11: Platt discloses the second leg member of each anchoring plate as being integral with the first leg member of each anchoring plate (as seen in FIG. 7C, the leg members are all part of one integral plate).
Claim 15: Poldmaa discloses the top side member of the ridge cap member as being disposed at a height relative to each of the apertures (as seen in FIGS. 1, 2 and 4), and the D-ring connector is rotatably connected to the top side member with one or more of a nut, a bolt, a washer, a bearing, a washer bearing, and a rivet (connected via lock nut 16).
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poldmaa (US 6,786,020 B2) in view of Shur (2,439,061) as applied to claim 1 above, and further in view of Vetesnik et al. (US 8,025,125 B2).
The combination of Poldmaa and Shur is discussed above but lacks a plurality of D-ring connectors. Vetesnik et al. discloses an anchoring bracket for a peaked roof comprising: anchoring plates (133); ridge cap member (101, 142); and a plurality of D-ring connectors (147, 150, 153) rotatably connected to the ridge cap member, wherein each of the D-ring connectors is rotatable relative to the ridge top member and rotatable relative to one another; wherein each of the plurality of the D-ring connectors are coaxially rotatably connected to the ridge cap member with one or more of a nut, a bolt, a washer, a bearing, a washer bearing, and a rivet (member/bearing 155 acts to keep all the D-ring connectors located on member 142); wherein one of the plurality of D-ring members includes a flat top side member (portions that include 148a, 151a, and 154a) connecting portion and a bent portion (portions that include 148b, 151b, and 154b), the bent portion being offset at a height relative to the flat top side member connecting portion (as seen in FIGS. 1,-3 and 6); and wherein at least one or more of a washer or bearing (bearings 149 and 152) is disposed between the plurality of D-ring members. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination to include a plurality of D-ring connectors, such as taught by Vetesnik et al., so that multiple users could be connected to a singular anchoring bracket simultaneously if multiple people are on the roof.
It is noted that the bent portion of the bent portion is not shown as being raised in Vetesnik et al., however it would have been obvious to orient the bent portion however was needed for the task being performed by the user. Additionally, Poldmaa teaches the D-ring connectors to be attached directly to the flat top side member (i.e. without an extension pole therebetween, such as taught by Vetesnik et al.) and therefore having the bent portion being raised, as opposed to lowered, would not then interfere with the position and operation of the anchoring plates which are in close proximity to the anchoring plates.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poldmaa (US 6,786,020 B2) in view of Platt (5,966,892) as applied to claim 1 above, and further in view of Vetesnik et al. (US 8,025,125 B2).
The combination of Poldmaa and Platt is discussed above but lacks a plurality of D-ring connectors. Vetesnik et al. discloses an anchoring bracket for a peaked roof comprising: anchoring plates (133); ridge cap member (101, 142); and a plurality of D-ring connectors (147, 150, 153) rotatably connected to the ridge cap member, wherein each of the D-ring connectors is rotatable relative to the ridge top member and rotatable relative to one another; wherein each of the plurality of the D-ring connectors are coaxially rotatably connected to the ridge cap member with one or more of a nut, a bolt, a washer, a bearing, a washer bearing, and a rivet (member/bearing 155 acts to keep all the D-ring connectors located on member 142); wherein one of the plurality of D-ring members includes a flat top side member (portions that include 148a, 151a, and 154a) connecting portion and a bent portion (portions that include 148b, 151b, and 154b), the bent portion being offset at a height relative to the flat top side member connecting portion (as seen in FIGS. 1,-3 and 6); and wherein at least one or more of a washer or bearing (bearings 149 and 152) is disposed between the plurality of D-ring members. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination to include a plurality of D-ring connectors, such as taught by Vetesnik et al., so that multiple users could be connected to a singular anchoring bracket simultaneously if multiple people are on the roof.
It is noted that the bent portion of the bent portion is not shown as being raised in Vetesnik et al., however it would have been obvious to orient the bent portion however was needed for the task being performed by the user. Additionally, Poldmaa teaches the D-ring connectors to be attached directly to the flat top side member (i.e. without an extension pole therebetween, such as taught by Vetesnik et al.) and therefore having the bent portion being raised, as opposed to lowered, would not then interfere with the position and operation of the anchoring plates which are in close proximity to the anchoring plates.
Allowable Subject Matter
Claims 12 and 13 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIELLE JACKSON whose telephone number is (571)272-2268. The examiner can normally be reached M-F: 11AM-7PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at (571)272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DNJ/Examiner, Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
