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
New corrected drawings (Figs. 61A-61C) in compliance with 37 CFR 1.121(d) are required in this application because:
(l) Character of lines, numbers, and letters. All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected 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 11-14 and 16 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 11 recites the limitation “said corner member includes one of said ridge member and one of said valley member”. However, claim 10 from which it depends, recites “said corner member including at least one of either said ridge member and side valley member”. The limitation appears to be redundant. However, it is unclear if the Applicant intended to reestablish the limitation and/or initially recite the limitation in the alternative. Claims are examined as best understood.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rowan (U.S. Patent No. 8,776,449).
Regarding claim 1, Rowan discloses a system for constructing structures using panel members (10, Figs. 1-7), said system comprising at least one panel member (16); at least one track member (30, Reproduced Fig. 1) including at least one channel (32) for receiving one end of said panel member, said track member further including at least one exterior flange (1st Flange).
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Regarding claim 2, Rowan discloses said track member (30) is further comprised of at least a first (1st Flange) and a second exterior flange (2nd Flange) configured orthogonally to one another (Reproduced Fig. 1).
Regarding claim 3, Rowan discloses said track member (30) further comprises at least a central flange (Central Flange) projecting from said first exterior flange and substantially parallel to said second exterior flange (2nd Flange).
Regarding claim 4, Rowan discloses said track member (30) further comprises at least a third flange (3rd Flange) projecting from said central flange and substantially parallel to said first exterior flange (Fig. 1).
Regarding claim 5, Rowan discloses said track member (30) further comprises at least two channels (32, 34) disposed substantially orthogonal to one another (Fig. 1).
Regarding claim 6, Rowan discloses at least one of said second exterior flange (2nd Flange) is of sufficient length and capable of being captured by a fastener that is also disposed through said central flange of said track member.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hires et al. (U.S. Patent No. 8,973,337).
Regarding claim 1, Hires et al. discloses a system for constructing structures using panel members (210, 230; Figs. 1-7), said system comprising at least one panel member (230); at least one track member (240; Figs. 6) including at least one channel (1st Channel, Reproduced Fig. 6) for receiving one end of said panel member, said track member further including at least one exterior flange (1st Flange).
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Regarding claim 2, Hires et al. discloses said track member (240) is further comprised of at least a first (1st Flange) and a second exterior flange (2nd Flange) configured orthogonally to one another (Reproduced Fig. 6).
Regarding claim 3, Hires et al. discloses said track member (240) further comprises at least a central flange (Central Flange) projecting from said first exterior flange and substantially parallel to said second exterior flange (2nd Flange).
Regarding claim 4, Hires et al. discloses said track member (240) further comprises at least a third flange (3rd Flange) projecting from said central flange and substantially parallel to said first exterior flange (Fig. 6).
Regarding claim 5, Hires et al. discloses said track member (240) further comprises at least two channels (1st and 2nd Channel) disposed substantially orthogonal to one another (Fig. 6).
Regarding claim 6, Hires et al. discloses at least one of said second exterior flange (2nd Flange) is of sufficient length and capable of being captured by a fastener that is also disposed through said central flange of said track member (Fig. 6).
Regarding claim 7, Hires et al. discloses said channel (1st Channel, Reproduced Fig. 6) is at least partially defined by two web members (Web Members), each of said web members having a plurality of mounting apertures along the length thereof; each of said panel members (230) having correspondingly disposed mounting apertures along at least one end thereof (Fig. 8).
Regarding claim 8, Rowan discloses a plurality of panel members (230) may be inserted into said channel of said track (Examiner considers shorter length panels can be placed along a height of the track 240) and secured thereto via a plurality of fasteners disposed through the corresponding mounting apertures in said track and said panel member (Fig. 9).
Claim(s) 1 and 9-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smalley, III (U.S. Publication No.2009/0165401).
Regarding claim 1, Smalley discloses a system for constructing structures using panel members (10, Figs. 1-9), said system comprising at least one panel member (12); at least one track member (32, Fig. 7) including at least one channel for receiving one end of said panel member, said track member further including at least one exterior flange (Fig. 7).
Regarding claim 9, Smalley discloses at least one corner member (16, Fig. 7), said at least one corner member including an enclosed channel, a ridge member, and a valley member; said corner member further configured to adjoin two panel members at an angle other than zero degrees (Fig. 4).
Regarding claim 10, Smalley discloses a system for constructing structures (10, Figs. 1-9) using panel members (12), said system comprising at least two panel members (12A, 12B), each panel member including a ridge member (44 on 12B or flange approximate 40 on 12A) on one side and a valley member (40 on 12A or recess approximate 44 on 12B) on another side; at least one corner member (16), said corner member including at least one of either said ridge member (Fig. 7) and said valley member.
Regarding claim 11, Smalley discloses said corner member (16) includes one of said ridge member and one of said valley member, each dimensioned and configured to receive a corresponding one of said ridge member and said valley member of said at least two panel members (12A, 12B, Figs. 1 and 4).
Regarding claim 12, Smalley discloses said ridge member and said valley member are dimensioned and configured to retain said two panel members (12A, 12B) at a predetermined included angle (Figs. 1 and 7).
Regarding claim 13, Smalley discloses said predetermined included angle is 90 degrees (Fig. 1).
Regarding claim 14, Smalley discloses said predetermined included angle is an angle other than zero (Fig. 1).
Regarding claim 15, Smalley discloses said corner member (16) is configured as an enclosed channel (Fig. 7).
Regarding claim 16, Smalley discloses said corner member is comprised of extruded aluminum alloy (Para [0008]).
Regarding claim 17, Smalley discloses said corner member includes a curved apex (Fig. 7).
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
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