DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/987,999. Receipt of the Response to the Election/Restriction filed on 07/22/2026 is acknowledged.
Claims 1-54 are pending.
Claims 3, 6, 9-11, 13-41, 43-48, and 50-54 are withdrawn.
Claims 1, 2, 4, 5, 7, 8, 12, 42, and 49 are examined.
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 .
Election/Restrictions
Applicant’s election of Species VII in the reply filed on 07/22/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). The Restriction is thus considered final.
Claims 3, 6, 9-11, 13-41, 43-48, and 50-54 are thus withdrawn from consideration for defining a non-elected embodiment.
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, 12, 42, and 49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson et al. (U.S. Patent 11,299,891).
Regarding 1, Nelson et al. disclose a sub-grit (#100(3)) for mounting a component of an exterior wall system assembly (see figures 9 and 10), the sub-girt comprising:
an elongated sub-girt body (the U-shaped body as depicted in figure 8) comprising a stem flange (#122), a front flange (#106), and a chord (#102), and wherein the chord comprises a plurality of chord vent holes (#120).
Regarding claim 2, Nelson et al. disclose the chord is aligned parallel to the stem flange (see figure 8).
Regarding claim 12, Nelson et al. disclose the front flange is aligned perpendicular to the stem flange (see figure 8).
Regarding 42, Nelson et al. disclose a sub-grit (#100(3)) for mounting a component of an exterior wall system assembly (see figures 9 and 10), the sub-girt comprising:
an elongated sub-girt body (the U-shaped body as depicted in figure 8) comprising a stem flange (#122), a front flange (#106) depending from the stem flange (see figure 8), and wherein the front flange comprises a plurality of adhesive-receiving holes (#118(2)).
Regarding 49, Nelson et al. disclose the elongated sub-girt body comprises steel (see col. 2, ll. 36-43).
Claim(s) 1, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nelson (U.S. Publication 2021/0254347).
Regarding 1, Nelson discloses a sub-grit (#100) for mounting a component of an exterior wall system assembly (see figure 6), the sub-girt comprising:
an elongated sub-girt body (the body as depicted in figure 1A) comprising a stem flange (#110), a front flange (#104), and a chord (#114), and wherein the chord comprises a plurality of chord vent holes (#115).
Regarding 7, Nelson discloses the stem flange comprises a plurality of stem flange vent holes (#126), and wherein the stem flange vent holes are in fluid communication with the chord vent holes (see figure 1A, where air or other fluids can travel from the chord holes #115, through the stem holes #126 and into the rectangular channel therebelow).
Regarding 8, Nelson discloses each stem flange vent hole is aligned offset from each chord vent hole (see figure 1A).
Claim(s) 1, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR ‘275 (KR 20150019274).
Regarding 1, KR ‘275 discloses a sub-grit (#10) for mounting a component of an exterior wall system assembly (see figure 9b, where the sub-grit #10 is configured to be used in a vertical wall section and thus meets such configured to language as broadly defined or used in the floor of an exterior wall system assembly as broadly defined), the sub-girt comprising:
an elongated sub-girt body (the body as depicted in figure 9a) comprising a stem flange (the left flange #12 of figure 9b), a front flange (#11), and a chord (the right flange #12 of figure 9b), and wherein the chord comprises a plurality of chord vent holes (#124).
Regarding 2, KR ‘275 discloses the chord is aligned parallel to the stem flange (figure 6 depicts various embodiments of the sub-girt where the stem flange and chord can be oriented parallel with one another, away from one another or toward one another, where the left column, top-most embodiment of figure 6 is what is being used for such a rejection where the chord and stem flanges #12 are parallel with one another).
Regarding 4, KR ‘275 discloses the elongated sub-girt body comprises a plurality of teeth (the teeth formed on either side of openings #121 as depicted in figure 9a).
Regarding 5, KR ‘275 discloses the plurality of teeth are connected to the chord (see figure 9a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
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