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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 5, 7, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 7216855 issued to Platt.
Regarding claim 1,
Platt discloses a connection system for joining members of a structure (Platt: FIG. 1 (10) see also col. 3 lines 6-8 “ Referring to FIGS. 1 7, the fence rail clip of the present invention is indicated generally at 10 and is shown in FIG. 1 attaching a fence rail 12 to a fence post 14.”) comprising: an anchor element fixable to a primary structure by a first fastener (Platt: FIG. 3 (16, 28) col. 3 lines 15-16 “Base 16 is secured to post 14 via screws (28) and locking bracket 18 engages base 16.”) a locking element (Platt: FIGS. 4-5 (102, 104) see also col. 4 lines 42-54 “Catch 102 includes a detent 104 that extends outwardly from the rear surface 44 of bracket 18. Detent 104 includes an angled face 106 that enables base 16 to slide over catch 102 and force it to swing out of the way when base 16 and bracket 18 engage, as will be described hereinafter. In its rest position, catch 102 lies coplanar with rear surface 44 of bracket 18.”) an adapter element fixable to said anchor element said adapter element being adapted to receive, support and be connected to an end of a secondary structural member, the system permitting an assembly created by the anchor element and the adapter element to be readily, partially or completely, dismantled; (Platt: FIG. 3 (18) see also col. 4 lines 33-35 “Section 92 opens proximate the lower edge 94 of bracket 18 to slidably receive base 16 therein.”) said adaptor element being slidingly engageable with complementary shapings of said anchor element and lockable in place by the locking element. (Platt: FIGS. 4, 10, 11 “Referring particularly to FIGS. 4, 10 and 11, rear surface 22 of panel 40 includes a recessed portion 88 for engaging base 16. Recessed portion 88 has an inner, substantially rectangular slotted section 90 and an outwardly angled section 92.”) said adapter element comprising a zone to receive an end of said secondary structural member, securable by frictional engagement (Platt: FIG. 3 (12) is received by (18) and is held by the frictional engagement of (56) and (58) via peripheral surfaces (80, 82))
Regarding claim 2,
Platt discloses the connection system of claim 1 wherein the connection system comprises said primary structure or structural member and is fixed and permanent, or removable. (Platt: FIG. 1 post (14) to which the base (16) is secured)
Regarding claim 4,
Platt discloses the connection system of claim 1 in which side surfaces of said anchor element are angled in the manner of a dovetail slideway of a machine tool, (Platt: FIG. 8, peripheral outer edge (34) of base (16) chamfered inwardly from front surface (20) to rear surface (22) so that rear surface (22) is smaller than front surface (20)) said anchor element being slidingly accommodated in a longitudinally-arranged channel formed in an inner surface of said adapter element, (Platt: FIG. 4, recessed portion (88) formed in rear surface (44) of bracket (18) having slotted section (90) and outwardly-angled section (92) opening proximate lower edge (94) to slidably receive base (16) therein) side surfaces of the adapter element are made with angling complementary to that of said anchor element, said angling of said surfaces acting to retain said adapter element on said anchor element (Platt: FIG. 13-14, wider portion (25) of base (16) received in slotted section (90) with legs (96) engaged behind wider portion (25) of base (16)) relative widths of said longitudinally-arranged channel and said anchor element being such as to just permit said sliding engagement. (Platt: FIG. 4 and 12 slotted section (90) being “complementary sized and shaped to receive wider portion (25) of base (16) therein” Platt: col. 4 lines 35-37))
Regarding claim 5,
Platt discloses the connection system of claim 1 in which the zone of the adapter element comprises an opening shaped to receive any of a variety of transverse cross-sectional shapes of the end of the secondary structural member, including square, rectangular, round, oval, D-shaped, hexagonal, octagonal, ribbed, or grooved. (Platt: FIGS. 1-2 and 5 (52) the fence rail receptacle, defined by front surface 42 and peripheral wall (46) receives the end of hollow rail (12) additionally Platt discloses that “bracket (18) and peripheral wall (46) may be differently shaped so as to accommodate rails that are not rectangular in cross-section,” in col. 5 lines 36-44)
Regarding claim 7,
Platt discloses the connection system of claim 1 wherein the anchor element comprises a plurality of bores (Platt: FIG. 7 (24)), which pass through a thickness of said anchor element two or more of said bores (Platt: FIG. 7 (24)) accommodating suitable fastenings employed to fix said anchor element to a said primary structure or structural member, said bores being provided at their outer ends with suitable recesses of a diameter and depth to fully accommodate heads of said fastenings. (Platt: FIG. 3 (32))
Regarding claim 20,
Platt discloses the connection system of claim 1 in which said anchor element and said adaptor element are formed of a polymeric material by moulding or extrusion. (Platt: col. 3 lines 5-20 “Clip 10 is molded from a resilient plastic material”)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Platt.
Regarding claim 6,
Platt discloses the connection system of claim 1 in which said anchor element takes a form of a rectangular block (Platt: FIGS. 3 and 6-8 (16))
Platt does not appear to disclose the anchor element having a ratio of thickness to overall width falling in a range 1:7.5 to 1:15.
However, it has been held in In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) 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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Platt in view of U.S. Patent No. 8783662 issued to Russo.
Regarding claim 10,
Platt discloses the connection system of claim 1.
Platt does not appear to disclose said adapter element comprises a peripheral zone to accommodate walls of said secondary structural member, the peripheral zone being formed between the outer surfaces of outwardly-projecting, rigid fingers positioned immediately adjacent and inwardly of corners of an open end of said adaptor element and a plurality of narrow ribs formed on an inner surface of a peripheral skirt of said adaptor element, said ribs being arranged parallel to a longitudinal axis of said secondary structural member, said fingers being elastically deflectable to accommodate a wall thickness of said secondary structural member and acting to guide the end of said secondary structural member into said peripheral zone, said ribs acting to increase a frictional engagement of said secondary structural member with said adaptor element.
However, Russo discloses said adapter element comprises a peripheral zone to accommodate walls of said secondary structural member, (Russo: FIGS. 10 and 14 the spacing (56) between the finger sets (52, 54) and the sidewalls (48, 50) dimensioned to receive wall portion of the rail (60)) the peripheral zone being formed between the outer surfaces of outwardly-projecting, rigid fingers positioned immediately adjacent and inwardly of corners of an open end of said adaptor element (Russo: FIG. 10 (52, 54) extend outwardly from the end wall (46) and spaced inwardly between sidewalls (48 ,50)) and a plurality of narrow ribs formed on an inner surface of a peripheral skirt of said adaptor element, said ribs being arranged parallel to a longitudinal axis of said secondary structural member, engaging the inner surface of the rail wall (Russo: FIG. 12 (68) deformable ridges running along the finger and frictionally the inner surface of the rail wall see col. 3 lines 35-50) said fingers being elastically deflectable to accommodate a wall thickness of said secondary structural member and acting to guide the end of said secondary structural member into said peripheral zone, (Russo: FIG. 12 (52a, 52b, 52c) entering the rail’s cavities (66a, 66b, 66c) and the ridges (68) deforming and bending as the finger enters see col. 3 lines 35-50) said ribs acting to increase a frictional engagement of said secondary structural member with said adaptor element. (Russo: FIG. 12 (68) deformable ridges running along the finger and frictionally the inner surface of the rail wall see col. 3 lines 35-50)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to adopt Russo’s fingered peripheral zone by providing Platt’s rail-receiving adapter with Russo’s outwardly-projecting, elastically-deflectable fingers with the bracket sidewalls. One of ordinary skill in the art would have been motivated to make this modification so that accommodates and frictionally retains the rail walls without rail fasteners and allow for the rail to be retained by toolless frictional engagement while accommodating variation in rail wall thickness and guiding the rail onto the bracket.
Furthermore it would have been obvious for one having ordinary skill in the art to form the friction ribs on the inner surface of the skirt since Russo already teaches deformable friction ribs in the rail-receiving zone to increase frictional retention of the rail wall this difference constitutes a mere change in placement of a known feature that performs the same function in the same way to achieve the same result. Absent any indication that the claimed location produced a new or unexpected result or cooperates with the structure in a different manner, the particular placement of the deformable friction ribs is considered an obvious matter of design choice. In re Kuhle, 526 F.2d 553 (CCPA 1975); In re Japikse, 181 F.2d 1019 (CCPA 1950)
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Platt in view of U.S. Patent No. 8783662 issued to Russo further in view of U.S. Patent No. 4007852 issued to Gernhardt.
Regarding claim 11,
Platt in view of Russo discloses the connection system of claim 10, including the adapter’s molded peripheral skirt (Russo: FIG. 10, sidewalls (48, 50))
Platt in view of Russo does not appear to disclose that the skirt comprises a break-out panel rendered removable by a weakening groove and breakable by an implement.
However, Gernhardt discloses at least one break-out panel (Gernhardt: FIG. 2a (28)) being rendered readily removable by a weakening groove formed in the wall (Gernhardt: FIG. 2a, first web (30,), second web (32) that fracture to release it) the break-out panel being breakable by gripping it with a suitable implement and applying a force (Gernhardt: FIG. 2A (40, 42, 44) see col. 5 lines 6-22 sized to receive a wedge-like tool such as a screwdriver, which is turned so its edges bear against slot surfaces)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide the molded peripheral skirt of Platt in view of Russo with such a break-out panel in order to permit selective removal of a portion of the skirt to adapt the molded connector to differing installation configurations.
Regarding claim 12,
Platt in view of Russo in view of Gernhardt discloses the connection system of claim 11 in which the anchor element comprises a lower edge part and a weakening groove formed in an outer surface of the anchor element (Gernhardt: FIG. 2a, first web (30,), second web (32) that fracture to release it) the such that the lower edge part is readily removable, a centrally-located recess being provided for insertion of a suitable implement to effect a breaking away of the lower edge part. (Gernhardt: FIG. 2A (40, 42, 44) see col. 5 lines 6-22 sized to receive a wedge-like tool such as a screwdriver, which is turned so its edges bear against slot surfaces)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide the anchor element of Platt in view of Russo with such a break-out panel in order to permit selective removal of a portion of the anchor element to adapt the molded connector to differing installation configurations.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Platt in view of U.S. Patent No. 8783662 issued to Russo further in view of U.S. Publication No. 20140023433 issued to Blakeman.
Regarding claim 3,
Platt discloses the connection system of claim 1 … a full sliding engagement of said anchor element by said adaptor element has been achieved. (Platt: FIGS. 4-5 catch (102) with detent (104) formed in bracket (18) which slides over base (16))
Platt does not appear to disclose in which said anchor element has formed on its upper central edge a toe which engages a complementary recess of said adaptor element,
However, Blakeman discloses in which said anchor element has formed on its upper central edge a toe which engages a complementary recess of said adaptor element, (Blakeman: FIGS. 4-6b tabs (38) terminating the ramped surfaces (38) of socket wall (33)/(34) engages a complementary recess, see FIGS. 3-5 (16) formed in sidewalls (14))
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to modify Platt’s snap arrangement so that a toe formed on the anchor element engages a complementary recess of the adaptor element, as taught by Blakeman. One of ordinary skill in the art would have been motivated to make this combination in order to employ a true to-in-complementary recess engagement for a more positive lock and a definite tactile/audible indication of full seating, and to form the toe on the anchor element rather than the adaptor element since this is a mere reversal of the cooperating engagement parts performing the identical function in the identical way In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Platt in view of U.S. Publication No. 20030218305 issued to Nicolay.
Regarding claim 8,
Platt discloses the connection system of claim 1.
Platt does not appear to disclose in which said anchor element comprises a generally centrally-located bore of suitable diameter passing through a thickness of the anchor element an axis of said bore being collinear with an axis of a complementary bore passing through said adaptor element when said adaptor element is fully seated on said anchor element, (Platt: FIG. 5 (18)) a single fastener passing through both said bores to lock said adaptor element to said anchor element. (Platt: FIG. 6 (19))
However, Nicolay discloses in which said anchor element comprises a generally centrally-located bore of suitable diameter passing through a thickness of the anchor element an axis of said bore being collinear with an axis of a complementary bore passing through said adaptor element when said adaptor element is fully seated on said anchor element, a single fastener passing through both said bores to lock said adaptor element to said anchor element. (Nicolay: FIGS 2-3 see also [0021] (38) passes through bores (46) and (36))
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to provide Platt’s base (16) with a through-bore and bracket (18) with a complementary bore collinear therewith when fully seated as taught by Nicolay, in order to lock the slidingly-engaged adaptor element to the anchor element against inadvertent disengagement while preserving ready dismantlability i.e. the fastener being removable.
Allowable Subject Matter
Claims 9, 13-19 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 ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
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