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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “further attachment device made double-ended and employed to join first and second cladding elements edge-to-edge, said linear channels being provided in edges of said first and second cladding elements” 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 33-52 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 33, line 27, the recitation “a transverse, cross-sectional aspect ratio of height to width in a range 2:1 to 2.5:1” renders the claim indefinite because it is unclear what the recitation is referring to. What part of the structure has the defined aspect ratio? The limitation appears to be inserted into the claim but the limitation is not connected to any of the elements of the claim.
Regarding claim 41, the claim recites wherein the engagement elements are formed as square or rectangular teeth, but claim 33 recites the engagement elements as ratchet teeth. Ratchet teeth are not well known to be rectangular or square since a ratchet as well known in the art is capable of rotating in one direction and the shape of the teeth prevent rotation in the opposite direction.
Regarding claim 48, lines 2-3, the claim recites wherein the linear channels are formed in the edges of the cladding elements but claim 1 recites wherein the linear channels are provided in the underside of the cladding elements. Further, nothing is shown with the figures to support linear channels in the edges of the cladding panels.
Regarding claim 50, line 27, the recitation “a transverse, cross-sectional aspect ratio of height to width in a range 2:1 to 2.5:1” renders the claim indefinite because it is unclear what the recitation is referring to. What part of the structure has the defined aspect ratio? The limitation appears to be inserted into the claim but the limitation is not connected to any of the elements of the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 33-40, 42, 43, and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1 691 002 A2 to Hudel in view of WO 2015/170205 A1 to Aquilani.
Regarding claim 33, Hudel discloses a fixing system for employment in building construction, the fixing system comprising: at least one cladding element (2), each cladding element comprising two or more parallel, linear channels (6, 7) formed in an underside (5) of the cladding element, said linear channels being orientated parallel to a longitudinal axis of the cladding element (Fig.12) and in spaced arrangement across a width of said cladding element such as to provide for secure attachment (Fig.12); at least one elongated supporting strip (24); a plurality of complementary attachment devices (3) being fixed to or formed on each elongated supporting strip which are, in turn, fixable to and alignable with longitudinal axes of structural elements used in building construction (Fig.12), said attachment devices being regularly positioned on said supporting strip so as to register with a transverse spacing of said linear channels (Fig.12), each of said attachment devices comprising: first and second elastic panels (13, Fig.16) arranged parallel to or divergent from one another (Fig.14 and 16) and provided on their lateral, exterior surfaces with a plurality of projecting engagement elements (29, 30) in the form of ratchet teeth, said first and second elastic panels being separated by a gap (area between 13 and 13) sufficient to allow inwards, elastic deflection of the first and second elastic panels as said projecting engagement elements of the elastic panels ride over the engagement elements on the interior side surfaces of the linear channel during penetration of said linear channel by said first and second elastic panels (Fig.16); a transverse, cross-sectional aspect ratio of height to width in a range 2:1 to 2.5:1 (Fig.13 and 14); each of the first and second elastic panels comprising a length such as to extend throughout the full depth of said linear channel (Fig.15) and such that when fully engaged with said linear channel said attachment device completely fills said linear channel (Fig.15), except at said gap (Fig.15).
Hudel discloses a couple engagement elements on the elastic panels of the attachment devices, but does not specifically disclose the channels having engagement elements complimentary to the engagement elements of the elastic panels, nor does Hudel disclose said ratchet teeth being distributed along full lengths of said elastic panels and full depth of said linear channel.
Aquilani discloses providing the linear channel with engagement elements along an entire length (17, Fig.4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the engagement projections along an entire length of the elastic panels as well as along the entire length of the channels as taught by Aquilani so to ensure maximum engagement and security between the attachment device and the cladding elements, thereby preventing easy removal of the cladding elements.
Regarding claims 34-37, 42, and 43, Hudel does not disclose the specifics of the ratchet teeth.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have formed the ratchet teeth with the desired anglers and engaging surfaces so to provide the easiest insertion of the attachment devices within the channels and also to provide the desired engagement surface which would determine how hard it is to remove the cladding elements from the attachment devices.
Regarding claim 38, Hudel discloses wherein at least one of the linear channels comprises one or more wedges (33) on the inner end of said linear channel, positioned on or parallel to a longitudinal axis of said linear channel and projecting towards an opening of said linear channel (Fig.15), the one or more wedges or tongues having a length, width and degree of taper such that, with the ends of the first and second elastic panels abutting said inner end of said linear channel, said one or more wedges or tongues act to urge said projecting engagement elements into a position of full engagement with the engagement elements on the interior side surfaces of the linear channel and to maintain said projecting engagement elements in that position (Fig.15); said urging by said one or more wedges or tongues of said first and second elastic panels additionally acting to inhibit any tendency towards displacement of said linear channel on said attachment device (Fig.15).
Regarding claim 39, Hudel discloses in which the spaced arrangement of said linear channels in said at least one cladding element and said attachment devices on said at least one supporting strip allows said cladding element to be fixed in place by positioning the cladding element such that entry of at least one of said attachment devices into at least one of said linear channels can be effected and full penetration of said linear channels with full engagement of said engagement elements achieved, by application of pressure to an outer surface of said cladding element (Fig.12).
Regarding claim 40, in the at least one elongated supporting strip comprises first and second ends (Fig.17) having complementary shapings (27) that enable the at least one elongated supporting strip to be accurately joined end-to-end with at least one other elongated supporting strip whilst ensuring maintenance of center-line collinearity by the engagement of shapings formed on the ends of said supporting strips (Fig.17).
Regarding claim 49, Hudel discloses in which said attachment devices are intended for temporary fixing, and wherein: attachment points of said first and second elastic panels are made suitably fragile, such that the attachment points break away from said supporting strip when a separation force is applied (the elastic panels are thin and are capable of breaking off due to suitable force against the cladding elements).
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1 691 002 A2 to Hudel in view of WO 2015/170205 A1 to Aquilani in view of US 2015/0176619 A1 to Baker.
Regarding claim 48, Hudel does not disclose further comprising a further attachment device made double-ended and employed to join first and second cladding elements edge-to-edge, said linear channels being provided in edges of said first and second cladding elements.
Baker discloses a further attachment device (Fig.4) made double-ended and employed to join first and second cladding elements edge-to-edge, said linear channels being provided in edges of said first and second cladding elements (Fig.4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a connecting device inserted into linear channels on the edges of the cladding elements of Hudel as taught by Baker so to further ensure linear alignment of the cladding elements.
Allowable Subject Matter
Claims 50-52 would be allowable if rewritten or amended 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.
Claims 41 and 44-47 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 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, Brian Mattei can be reached at (571) 272-3238. 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.
RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
Prosecution Insights