DETAILED ACTION
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitations of “wherein the first plate element comprises a notch on a circumferential edge of the first plate element and the hollow element comprises a tongue configured to be received in the notch” claimed in claim 9 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 1-20 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 1 (lines 10-13) recites “wherein the bracket, when inserted into the hollow element, is configured to secure the hollow element between a first and second frame member by securing the first plate element to the first frame member by the first fastener and securing the second plate element to the second frame member by the second fastener”.
It is unclear as to what structural elements and/or structural components constitute such “hollow element”; and unclear as to how each of the elongated body and the first and second plates of the bracket structurally extend within and engage the body of hollow element such to secure the bracket to the body of the hollow member in order to “secure the hollow element between a first and second frame member”. Accordingly, one of ordinary skill in the art is unable to properly determine the metes and bounds of such claim. Claims 2-13 depend from claim 1 and are likewise rejected as being indefinite.
Claim 14 (lines 14-16) recites “wherein the first plate element is secured to the first frame member by a first fastener extending through a portion of the first frame member and engaging the first aperture of the first plate element”.
It is unclear as to what structural elements and/or structural components constitute such “hollow element”; and unclear as to how each of the elongated body and the first and second plates of the bracket structurally extend within and engage the body of hollow element such to secure the bracket to the body of the hollow member in order to “secure the hollow element between a first and second frame member”. Accordingly, one of ordinary skill in the art is unable to properly determine the metes and bounds of such claim. Claims 15-18 depend from claim 14 and are likewise rejected as being indefinite.
Claim 19 (lines 11-14) recites “securing the bracket to the first frame member and the second frame member by positioning a first fastener through a portion of the first frame member and engaging the first fastener with the first aperture and positioning a second fastener through a portion of the second frame member and engaging the second fastener with the second aperture”.
It is unclear as to what structural elements and/or structural components constitute such “hollow element”; and unclear as to how each of the elongated body and the first and second plates of the bracket structurally extend within and engage the body of hollow element such to secure the bracket to the body of the hollow member in order to “secure the hollow element between a first and second frame member”. Accordingly, one of ordinary skill in the art is unable to properly determine the metes and bounds of such claim. Claim 20 depends from claim 19 and is likewise rejected as being indefinite.
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.
Claims 1-7, 11, 13-17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Odenwalder Kunststoffwerke (WO 01/35705).
As to claim 1 as best understood, Odenwalder Kunststoffwerke discloses a frame attachment assembly, comprising:
a hollow element 3; and
a bracket A,B,C configured to be inserted into the hollow element (Figure 4 reprinted below with annotations),
wherein the bracket comprises:
an elongated body A extending between a first end and a second end;
a first plate element B positioned at the first end, the first plate element comprising a first aperture configured to receive a first fastener; and
a second plate element B positioned at the second end, the second plate element comprising a second aperture configured to receive a second fastener,
wherein the bracket, when inserted into the hollow element, is configured to secure the hollow element between a first and second frame member 20 by securing the first plate element to the first frame member by the first fastener and securing the second plate element to the second frame member by the second fastener (Figures 1-4).
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As to claim 2, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein the first plate element B and the second plate element B extend from the elongated body A substantially perpendicular to the elongated body and parallel to one another, such that an outer surface of the first plate element and an outer surface of the second plate element face opposite directions, and an inner surface of the first plate element and an inner surface of the second plate element face each other (Figures 1-4).
As to claim 3, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein the hollow element 3 comprises an elongated hollow body extending between a first end and a second end, and
wherein, when the bracket A,B,C is inserted into the hollow element, the first plate element B is substantially aligned with the first end of the hollow element, and the second plate element B is substantially aligned with the second end of the hollow element (Figures 1-4).
As to claim 4, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein, when the bracket A,B,C is inserted into the hollow element 3, an outer surface of the first plate element B is substantially aligned with the first end of the hollow element, and an outer surface of the second plate element B is substantially aligned with the second end of the hollow element (Figures 1-4).
As to claim 5, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein, when the bracket A,B,C is inserted into the hollow element 3, the hollow element has at least one surface configured to engage with a complementary surface C of the first or second plate element B to prevent the bracket from rotating within the hollow element (Figures 1-4).
As to claim 6, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein the hollow element 3 is cylindrical, and
wherein at least one of the first plate element B and the second plate element B comprises at least one rounded portion configured to engage with a radial inner surface of the cylindrical hollow element such that when the bracket is inserted into the hollow element, the at least one rounded portion engages the radial inner surface of the cylindrical hollow element (Figures 1-4).
As to claim 7, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein the first plate element B and the second plate element B are rigidly attached to the elongated body A of the bracket A,B,C (Figures 1-4).
As to claim 11, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein the elongated body A comprises a first elbow at the first end of the bracket A,B,C and a second elbow at the second end of the bracket, and
wherein the first plate element B extends from the first elbow and the second plate element B extends from the second elbow (Figures 1-4).
As to claim 13, Odenwalder Kunststoffwerke discloses a frame attachment assembly wherein the first aperture and the second aperture are threaded and configured to receive a threaded fastener (Figures 1-4).
As to claim 14 as best understood, Odenwalder Kunststoffwerke discloses a frame, comprising:
a first frame member 20 and a second frame member 20;
a hollow element 3 secured between the first frame member and the second frame member;
a bracket A,B,C received within the hollow element and securing the hollow element between the first frame member and the second frame member, wherein the bracket comprises:
an elongated body A extending between a first end and a second end;
a first plate element B positioned at the first end, the first plate element comprising a first aperture configured to receive a first fastener; and
a second plate element B positioned at the second end, the second plate element comprising a second aperture configured to receive a second fastener;
wherein the first plate element is secured to the first frame member by a first fastener extending through a portion of the first frame member and engaging the first aperture of the first plate element (Figures 1-4).
As to claim 15, Odenwalder Kunststoffwerke discloses a frame wherein the second plate element B is secured to the second frame member 20 by a second fastener extending through a portion of the second frame member and engaging the second aperture of the second plate element (Figures 1-4).
As to claim 16, Odenwalder Kunststoffwerke discloses a frame wherein the first frame member 20 and the second frame member 20 are substantially parallel to one another and the hollow element 3 is substantially perpendicular to the first and second frame members (Figures 1-4).
As to claim 17, Odenwalder Kunststoffwerke discloses a frame wherein the hollow element 3 has at least one surface configured to engage with a complementary surface C of the first or second plate element B to prevent the bracket A,B,C from rotating within the hollow element (Figures 1-4).
As to claim 19 as best understood, Odenwalder Kunststoffwerke discloses a method of assembling a frame, comprising:
inserting a bracket A,B,C into a hollow element 3, wherein the bracket comprises:
an elongated body A extending between a first end and a second end;
a first plate element B positioned at the first end, the first plate element comprising a first aperture configured to receive a first fastener; and
a second plate element B positioned at the second end, the second plate element comprising a second aperture configured to receive a second fastener,
positioning the hollow element, with the bracket inserted, between a first frame member 20 and a second frame member 20;
securing the bracket to the first frame member and the second frame member by positioning a first fastener through a portion of the first frame member and engaging the first fastener with the first aperture and positioning a second fastener through a portion of the second frame member and engaging the second fastener with the second aperture (Figures 1-4).
As to claim 20, Odenwalder Kunststoffwerke discloses a method wherein the first frame member 20 and the second frame member 20 are substantially parallel to one another, and positioning the hollow element 3, with the bracket A,B,C inserted, between the first frame member and the second frame member comprises positioning the hollow element substantially perpendicular to the first and second frame members (Figures 1-4).
Allowable Subject Matter
Claims 8-10, 12 and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 8, Odenwalder Kunststoffwerke discloses the claimed frame attachment assembly with the exception of wherein the first plate element comprises a tongue extending radially from a circumferential edge of the first plate element and the hollow element comprises a notch configured to receive the tongue.
As to claim 9, Odenwalder Kunststoffwerke discloses the claimed frame attachment assembly with the exception of wherein the first plate element comprises a notch on a circumferential edge of the first plate element and the hollow element comprises a tongue configured to be received in the notch.
As to claim 10, Odenwalder Kunststoffwerke discloses the claimed frame attachment assembly with the exception of wherein the hollow element comprises one or more protrusions extending axially from a first end of the hollow element, wherein the one or more protrusions are configured to engage with a complementary surface of the first frame member to prevent rotation of the hollow element relative to the first frame member.
As to claim 12, Odenwalder Kunststoffwerke discloses the claimed frame attachment assembly with the exception of wherein the bracket is a monolithic piece of sheet metal.
As to claim 18, Odenwalder Kunststoffwerke discloses the claimed frame with the exception of wherein the first plate element comprises a tongue extending radially from a circumferential edge of the first plate element and the hollow element comprises a notch configured to receive the tongue.
There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the frame attachment assembly disclosed by Odenwalder Kunststoffwerke to have the above mentioned elemental features. Furthermore, such modifications would not be obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571)270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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07/18/26
/MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
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