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 .
Drawings
The drawings are objected to because
Fig. 1A, 2A, and 9 contains blurry, illegible text;
Figs. 1A-1C, 3H, and 9 include very dark shaded areas that render details of the invention unclear and;
Figs. 1A through 10A are replete with reference numerals that do not have a leader line to a corresponding structure;
they do not include the following reference sign(s) mentioned in the description: 32 and 64 (mentioned in par 0194) as required by 37 CFR 1.84(p)(5); and
drawings must show every feature of the invention specified in the claims. Therefore, the gazebo recited in claim 21 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 9-29 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.
Regarding claims 9, 10, 28, and 29, the phrase "optionally" or “optional” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. For purposes of examination, the limitations that are preceded by “optionally” or “optional” are interpreted as not required by the claims.
Claim 20 recites “the posts” in line 2 of the claim. It is unclear if the “posts” refer to the middle or corner posts.
Claim 20 recites the limitation "the detent connection tab" in the last line of the claim. There is insufficient antecedent basis for this limitation in the claim.
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) 9-12, 14, 19, 21-25, and 27-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2012/152096 to Lu (“Lu”).
Regarding claim 9, Lu discloses a modular panel structure comprising: a plurality of wall panels 1 for reversible connection; a plurality of corner post(s) 23, 233; a plurality of middle post(s) 22, 223; optionally one or more base tray(s); wherein each wall panel of the plurality of wall panels comprises a first connection means 5 for reversibly securing each side of the wall panel to a corner post 23, 233 and/or middle post 22,223, and a second connection means 5 located at the bottom for reversibly securing to a top of a wall panel or to the optional base tray; wherein the first connection means 5 comprises (i) means to prevent/minimize vertical movement and (ii) means to increase horizontal stability with respect to the wall panel and the corner post/and or middle post; wherein assembly and connection of the plurality of wall panels, the plurality of corner post(s), the plurality of middle post(s), and the optionally one or more base tray(s) forms a structure arrangement suitable for indoor or outdoor use.
Regarding claim 10, Lu discloses that the modular wall panel 1 comprises a top, a bottom, a left side, a right side, a front face and a back face, wherein the left side and the right side comprise the first connection means 5, and optionally wherein the wall panel is substantially rectangular shaped or substantially square shaped.
Regarding claim 11, Lu discloses that the (i) means 5 to prevent/minimize vertical movement comprises one or more integrally formed outwardly extending pegs 5, each extending peg 5 for mounting within a corresponding keyhole slot 21 located on a side of the corner post and middle post, the pegs slide down within the keyhole slot to securely hold the wall panel to the corner post and/or middle post.
Regarding claim 12, Lu discloses that the (ii) means 5 to increase horizontal stability comprises an integrally formed outwardly extending receptable (circular through hole in 5) for receiving a detent connection tab present on the corner post and/or middle post.
Regarding claim14, Lu discloses the at least one base tray 14 (horizontally laid tray 14 as shown in Fig. 19) that is secured to the bottom of a wall panel.
Regarding claim 19, Lu discloses a plurality of post connecter(s) 31 for vertically connecting two middle posts or two corner posts to make a two tier structure arrangement.
Regarding claim 21, Lu discloses that the structure arrangement is a planter; raised garden bed; storage shed, garbage bin, recycling bin; storage container; salt storage box; deck box; composter; garbage bin; bars bar cart; storage chest; table; vegetable box; shelving; closet storage/organization system; armoire/hutch; playhouse; garage cabinet and wall system; shoe/boot shelf/cabinet; table; panel deck flooring system; gazebo; outdoor kitchen cabinetry; and container hose reel.
Regarding claim 22, Lu discloses that the structure arrangement comprises two or more tiers (see multiples stacked tiers in Fig. 6 and 20) of assembled and connected wall panels and posts.
Regarding claim 23, Lu discloses that the wall panel(s) 1, corner post(s) 23, middle post(s) 22, post connector(s) 31, and base tray(s) 14 are each fabricated as integral components.
Regarding claim 24, the claim is a product by process claim and the modular panel structure does not depend on the process of making it. The product-by-process limitation "are made by injection molding, double injection molding, over-molding, gas-assisted molding or microcellular injection molding " would not be expected to impart distinctive structural characteristics to the panel structure. Therefore, the claimed product is not a different and unobvious product from that of Lu.
Regarding claim 25, Lu discloses that the wall panel(s), corner post(s), middle post(s), post connector(s) and base tray(s) are fabricated from plastics.
Regarding claim 27, Lu discloses that a formed structure arrangement can be disassembled and reassembled into a disparate structure; and/or assembly to form a structure arrangement does not require tools and/or fasteners.
Regarding claim 28, Lu discloses that the wall panel comprises: plastic.
Regarding claim 29, Lu discloses a kit for making the modular structure of claim 9, comprising: at least one wall panel, at least one corner post, at least one middle post, optionally at least one post cap, optionally at least one post foot, at least one post connector, optionally at least one base tray, optional decorative element(s), optional cable(s) and combinations thereof; and optional instructions for assembly.
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 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of DE202019103897 to Plast et al. (“Plast”).
Regarding claim 13, Lu discloses that the second connection means 5 comprises extending portions 5 of inserting within slots on the wall panel, but does not disclose that the extending clip portions are for resiliently clipping.
Plast discloses a modular panel structure wherein a panel (Plast 6) comprises extending portions (Plast 12) for resiliently clipping within slots on a wall panel or underlying structure in order to form a secure connection between two components.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the modular panel structure of Lu to have the extending clip portions for resiliently clipping as taught in Plast with a reasonable expectation of success because it would predictably form a secure connection between two components.
Regarding claims 15-17, Lu discloses that the base tray 14 has one or more holes for drainage and for receiving drainage plugs, but does not disclose that the at least one base tray is substantially basin shaped; wherein the base tray comprises an integrally formed outward projecting substantially flat ledge along its entire perimeter to support the bottom of the wall panel thereon and clip thereto via clipping portions of the wall panel, the flat ledge comprising downwardly projecting projections; and the bottom of the wall panel is configured to engage with the flat ledge of the base tray and clip thereto via the extending clip portions of the wall panel for securing the bottom of the wall panel to the base tray.
Plast discloses a modular panel structure wherein at least one base tray (Plast 3) is substantially basin shaped; wherein the base tray (Plast 3) comprises an integrally formed outward projecting substantially flat ledge (horizontal flat top portion of 3 where panels 6 rest) along its entire perimeter to support the bottom of a wall panel thereon (Plast 6) and clip thereto via clipping portions (Plast 12) of the wall panel, the flat ledge comprising downwardly projecting projections (downwardly extending side walls of 3); and the bottom of the wall panel is configured to engage with the flat ledge of the base tray and clip thereto via the extending clip portions of the wall panel for securing the bottom of the wall panel to the base tray.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the modular panel structure of Lu to be substantially basin shaped and have the base tray comprise an integrally formed outward projecting substantially flat ledge along its entire perimeter to support the bottom of the wall panel thereon and clip thereto via clipping portions of the wall panel, the flat ledge comprising downwardly projecting projections; and the bottom of the wall panel is configured to engage with the flat ledge of the base tray and clip thereto via the extending clip portions of the wall panel for securing the bottom of the wall panel to the base tray as taught in Plast with a reasonable expectation of success because it would predictably form a secure connection between a panel and base, with the basin shaped base allowing the wall to be raised to help protect against ground moisture.
Regarding claim 18, Lu does not disclose that the wall panel is of hollow construction, the wall panel having a back face with an integrally formed reinforcing framework of interconnected cooperating vertical struts and horizontal struts with areas of recesses for accommodating both tensile and compressive forces.
Plast discloses a modular panel structure wherein a wall panel (Plast 6) is of hollow construction, the wall panel having a back face with an integrally formed reinforcing framework of interconnected cooperating vertical struts and horizontal struts (see vertical and horizontal ribs in Fig. 3) with areas of recesses for accommodating both tensile and compressive forces
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the modular panel structure of Lu to have the wall panel be of hollow construction, the wall panel having a back face with an integrally formed reinforcing framework of interconnected cooperating vertical struts and horizontal struts with areas of recesses for accommodating both tensile and compressive forces as taught in Plast with a reasonable expectation of success because it would predictably provide for a lightweight, yet rigid wall construction.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of WO2017/116305 to Chaillan (“Chaillan”).
Regarding claim 20, Lu does not disclose that the post connector is a substantially elongated hollow body that is received within the body of the posts, and wherein the hollow body has resilient projections to provide a tight frictional fit when engaged/fit with the posts, the projections for engaging with the detent connection tab or keyhole slots of the post(s).
Chaillan discloses a modular panel structure wherein a post connector (Chaillan 26; see Fig. 6a-6d) is a substantially elongated hollow body that is received within a body of posts, and wherein the hollow body has resilient projections (Chaillan 34) to provide a tight frictional fit when engaged/fit with the posts, the projections for engaging with a detent connection tab or keyhole slots of the post(s).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the modular panel structure of Lu to have the post connector is a substantially elongated hollow body that is received within the body of the posts, and wherein the hollow body has resilient projections to provide a tight frictional fit when engaged/fit with the posts, the projections for engaging with the detent connection tab or keyhole slots of the post(s) as taught in Chaillan with a reasonable expectation of success because it would predictably improve engagement between the post and connector.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lu.
Regarding claim 26, Lu does not disclose that the wall panel(s), corner post(s), middle post(s), post connector(s), and base tray(s) are fabricated from compositions comprising a polyolefin selected from the group consisting of polyethylene, polypropylene, polybutene, polyisoprene, polypentene and mixtures thereof. It would have been obvious to one having ordinary skill in the art at the time of invention to use a polyolefin selected from the group consisting of polyethylene, polypropylene, polybutene, polyisoprene, polypentene and mixtures thereof, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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