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 .
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) 1-2, 4, 6-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by White (U.S. Publication No. 2014/0331598).
Regarding claims 1 and 16, White discloses a panel mounting apparatus (602, Fig. 6) and a method for installing, comprising a panel assembly (1000, Fig. 10), comprising a panel material (1006) comprising a first side and a second side, opposite the first side, a substrate material (1002) attached to the second side of the panel material, and a fastening track (104) attached to the second side of the panel material (via 602) to the substrate material (1002) and parallel to a first wall; and a corner bracket (1200) mountable to the fastening track (104), wherein the corner bracket comprises a first end for attachment to the fastening track and a second end for attachment to a second wall, adjacent to a first wall (Fig. 14).
Regarding claim 2, White discloses the first end of the corner bracket (1200) comprises first mounting holes (1204) for attachment to the fastening track, and wherein the second end of the corner bracket comprises second mounting holes for attachment to the second wall (1204).
Regarding claim 4, White discloses the corner bracket comprises one or more threaded holes (1204) configured to receive an adjustment bolt (1206) that adjusts an angle of the corner bracket relative to the first wall or to the second wall. The Examiner considers the tightening and loosening of the bolt is capable of affecting the plumbness of the corner bracket that will contribute to adjusting the angle of the corner bracket relative to the first or the second wall.
Regarding claim 6, White discloses the corner bracket (1200) is mounted indirectly to a stud (108) of the second wall, and wherein a wall is between the stud of the second wall and the corner bracket (at least along a diagonal path, Fig. 14).
Regarding claim 7, White discloses the corner bracket comprises a metal material (Para [0068]).
Regarding claims 8, 14 and 18, White discloses the panel assembly (1000) comprises a first panel assembly, and wherein the fastening track (104) comprises a first fastening track, the panel mounting apparatus further comprising a wall bracket (106, Fig. 3) comprising a flat surface and a sloped surface (218, 220, Fig. 3) formed along a side of the wall bracket, wherein the sloped surface is configured to receive a second fastening track of a second panel assembly (Fig. 5).
Regarding claim 9, White discloses the wall bracket (106) comprises mounting holes (205, 207, 213, Fig. 3) for attachment to the first wall or to the second wall.
Regarding claims 10 and 15, White discloses the wall bracket comprises one or more threaded holes (205, 207, 213) configured to receive an adjustment bolt (206) that adjusts an angle of the wall bracket relative to the first wall or to the second wall.
Regarding claims 11 and 20, White discloses the wall bracket (106) is directly mounted to a stud (108) of the second wall.
Regarding claims 12 and 19, White discloses the wall bracket (106) is mounted to a stud (108) of the second wall, and wherein a wall is between the stud of the second wall and the wall bracket (Fig. 6). Considered to be at a point along a diagonal line.
Regarding claim 13, White discloses the wall bracket comprises a metal material (Para [0068]).
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) 3, 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over White (U.S. Publication No. 2014/0331598).
Regarding claims 3 and 17, White discloses a t-nut received in the fastening track, wherein the corner bracket (1200) is attached to the fastening track (104) via attachment of a bolt (1206), through a first mounting hole (1204) of the first mounting holes, but does not disclose the attachment bolt being attached to a t-nut received in the fastening track. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a fastening system that comprises a nut and bolt combination, where the nut can be any known nut , such as a t-nut, that was suitable for securing the bolt as a matter of design choice.
Regarding claim 5, White discloses the corner bracket (1200) being mounted to a stud (108) of the second wall, but not directly. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to have mounted a corner bracket directly to the studs of a wall to assure the that the corner bracket was sufficiently supported and that can be sufficiently support any load that it would be subjected to.
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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES J BUCKLE JR/Examiner, Art Unit 3633
