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 § 112
Claims 9-12 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 claim 9,
The limitation “said cable receiver of the first post having a longitudinal axis largely parallel to the perpendicular axis of the first post; and removing one or more cables from the top rail and the bottom rail” contradicts applicant’s drawings and claim 9s structure. The posts are vertical members as shown in FIG. 1. If the receiver is parallel to a perpendicular axes of the post, then the receivers would be going from left to right in a horizontal direction not a vertical direction. The examiner is unsure how to interpret this limitation because of the confusion.
Regarding claim 10,
The limitation “providing the section of the railing having vertical cables assembled according to claim” is incomplete. The examiner is unsure how to interpret this limitation.
The limitations attaching the first and second ends of the top rail and the first end of the bottom rail “to near the top” of the respective rail support posts, while reciting the second end of the bottom rail attached “to near the bottom” is inconsistent with the claim and the rail configuration is unclear.
Claims 11-12 are also rejected under 112 (b) as being dependent on claim 9.
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 1-4, 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Quicklock” a printed publication, ©2019 Stainless Cable & Railing Inc. and further corroborated QuicklockCAD by an archived capture from arcat.com of the CAD drawing PDF file as well as the part number 733384.
Regarding claim 1,
Quicklock discloses a cable attachment structure (Quicklock: entire document) comprising a sleeve (Quicklock: page 3 “cable quick nut”) and a capsule (Quicklock: page 3 “push one factory-threaded tensioner through one hole and screw on the cable quick nut” wherein the threaded tensioner may be interpreted as the capsule) said sleeve has a length, a longitudinal axis, a first end, a second end, an external surface and an internal surface, said internal surface having a diameter; (Quicklock: page 3 see 4.1 how the quick nut is threaded into the capsule, also confirmed with QuicklockCAD which clearly shows threads and a bore) said second end adapted to be turned by a tool; (Quicklock: pages 1 and 3, the quick nut is a nut and is adapted to be turned by a wrench part of the listed tools in Quicklock) said capsule having a length, a longitudinal axis, a first end, a second end, an external surface, and an internal surface defining a lumen; (Quicklock: page 3 4.2, the threaded tensioner is an elongated externally threaded fitting having a length, axis, opposed ends, an external and internal surface defining a lumen (i.e. the bore receiving the cable), being “pre-swaged on one end of the cable” (QuickLock page 3 step 4) also confirmed with QuicklockCAD drawing section A-A and Detail D) said external surface of the capsule having a diameter (Quicklock: page 3 FIG. 4.1 shows the thread having a diameter) said capsule capable of being inserted into the sleeve, (Quicklock: page 3 step 4.1 “push one factory-threaded tensioner through one hole and screw on the cable quick nut”) said external surface of the capsule and the internal surface of the sleeve adapted such that the inserted capsule is capable of movement along the longitudinal axis of the sleeve. (Quicklock: page 4 step 6 “continue working the nut up the threading until the cable is taut”)
Regarding claim 2,
Quicklock discloses the cable attachment structure of claim 1 in which the external surface of the capsule comprises male threads, and the internal surface of the sleeve comprises corresponding female threads. (Quicklock: page 3 step 4 see also QuicklockCAD)
Regarding claim 3,
Quicklock discloses the cable attachment structure of claim 1, in which the second end of the capsule is adapted to grip a cable inserted through the first end of the capsule. (Quicklock: p. 3 step 4 “This system will have a FACTORY
THREADED TENSIONER fitting pre-swaged on one end of the cable and NO fitting attached to the other end of the cable when you receive your order” see also QuicklockCAD Detail D/section A-A showing the cable gripped within the swaged tensioner)
Regarding claim 4,
Quicklock discloses the cable attachment structure of claim 2 in which said sleeve is a flange nut. (Quicklock: see FIGS. 3.1 and 4.1 also confirmed by QuicklockCAD)
Regarding claim 6,
Quicklock discloses the cable attachment of claim 2 is in which the male and female threads are compatible such that the capsule is positional within the sleeve. (Quicklock: page 4 step 6 “continue working the nut up the threading…”)
Regarding claim 7,
Quicklock discloses the cable attachment structure of claim 1 further comprises a cable crimp at or near the second end of the capsule. (Quicklock: page 3 “cable gripper” also corroborated by QuicklockCAD)
Regarding claim 8,
Quicklock discloses the cable attachment structure of claim 1 further comprising a cap adapted to be affixed to the first end of the sleeve. (Quicklock: page 5 step 7 “Install the cable quick nut cover” onto the nut see also QuicklockCAD drawings)
Claim(s) 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 12180735 issued to Burt.
Regarding claim 10,
Burt discloses a method of assembling a section of railing having vertical cables and including rail supports (Burt: FIG. 1 (19) see also col. 2 lines 47-51 “The panel 10 further includes a plurality of vertical cables 19 spaced apart from each other along the lengths of the bottom and top rails and extending between the bottom and top rails.”) comprising the steps of: providing a mounting surface; providing a first rail support post having an inwards-facing side, an outwards-facing side, a longitudinal axis, a top, and a bottom having a base support flange adapted to connect to the mounting surface; (Burt: FIG. 2 (12, 20)) providing a second rail support post having an inwards-facing side, an outwards-facing side, a longitudinal axis, a top, and a bottom having a base support flange adapted to connect to the mounting surface; (Burt: FIG. 4 (14, 30)) … providing suitable hardware for attaching the top rail and the bottom rail of the section of railing to each rail support post; (Burt: col. 6 lines 13-23 “The panel 10 is accordingly configured to support racking so as to follow undulating terrain, stairways or ramps. For example, the panel may be racked to an angle up to about 35°. In this configuration, the connection between the vertical support members 16 and both the bottom rail 12 and top rail 14 permits other than perpendicular mounting. Additionally, the brackets used to attach the ends of the bottom rail 12 and top rail 14 to the posts 18 permits other than perpendicular mounting. More detail is provided below and in connection with FIGS. 11B-11E.”) attaching the first rail support post and the second rail support post to the mounting surface such that the inward-facing sides of each rail support post face each other, (Burt: FIGS. 6C 6D mounting surfaces, face one another) attaching the first end of the top rail to near the top of the inward-facing side of the first rail support, attaching the second end of the top rail to near the top of the inward-facing side of the second rail support, (Burt: col. 6 lines 13-23) attaching the first end of the bottom rail to near the top of the inward-facing side of the first rail support, attaching the second end of the bottom rail to near the bottom of the inward-facing side of the second rail support. (Burt: col. 6 lines 13-23, examiner notes that there appears to be a typo or 112 (b), examiner has interpreted this to be first end of the bottom rail near the bottom of the inward-facing side of the first rail support.)
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over “Quicklock” a printed publication, ©2019 Stainless Cable & Railing Inc. and further corroborated QuicklockCAD by an archived capture from arcat.com of the CAD drawing PDF file as well as the part number 733384 in view of U.S. Patent No. 8602390 issued to Herbold.
Regarding claim 5,
Quicklock discloses the cable attachment structure of claim 2.
Quicklock does not appear to disclose in which the capsule is a phosphor bronze threaded crimp.
However, Herbold discloses in which the capsule is a phosphor bronze threaded crimp. (Herbold: col. 2 lines 25-27 “In some embodiments, the insert 12 is made from a strong bearing material which is resistant to galling, such as phosphor bronze.” Col. 3 lines 10-15 “As such, in some embodiments, the insert 12 and the jacking bolt 24 may be formed of corrosion-resistant materials, such as a phosphor bronze for the insert 12 and a stainless steel for the jacking bolt 24.”)
It would have been obvious for a PHOSITA before the effective filing date of the claimed invention to form Quicklock’s threaded crimp (capsule) of phosphor bronze, since phosphor bronze was a known strong bearing material resistant to galling, selected for threaded members engaging other threaded members under load i.e. its suitability, and substituting it for the stainless steel of QuickLock’s threaded crimp to obtain the predictable result of reduced galling at the threaded interface is just a simple substitution with a finite number of choices. Selecting either the threaded crimp or flange nut to be made of phosphor bronze or both to satisfy the anti-galling function is a matter of obvious design choice.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM C ORTIZ/Primary Examiner, Art Unit 3673
Prosecution Insights