DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending.
Drawings
The drawings are objected to because Fig. 3-5 include shading. The use of shading may be used if it aids in understanding the invention and if it does not reduce legibility. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See MPEP § 608.02. In the instant case, legibility is reduced.
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 2-6 and 15-20 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.
Re claims 2-6, each recites, “the system” in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “The column end surround system” and will be interpreted as such.
Re claim 15, claim 15 recites, “the sheet” in line 4 and in line 5. There is insufficient antecedent basis for this limitation in the claim. It appears this language is intended to recite, “the sheet of material” and will be interpreted as such.
Claims 16-20 are rejected as being dependent on a rejected claim.
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) 1-3, 6-10, 13-17, 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Green et al (“Green”) (US 2005/0229531).
Re claim 1, Green discloses a column end surround system (16) comprising:
a first panel (46) including a first lock joint (48);
a second panel (44) rotatably coupled (via 102; [0029]) to the first panel (46) using a first joint (between 44 and 46);
a third panel (42) rotatably coupled (via 102; [0029]) to the second panel (44) using a second joint (between 42 and 44); and
a fourth panel (40) rotatably coupled (via 102; [0029]) to the third panel (42) using a third joint (between 40 and 42), the fourth panel (40) including a second lock joint (38), the first lock joint (48) and the second lock joint (38) operable to cooperatively couple (Fig. 1, Fig. 3) the first panel (46) to the fourth panel (40).
Re claim 2, Green discloses the system of claim 1, wherein the first lock joint (between 44 and 46) and the second lock joint (between 42 and 44) are a locking miter joint (Fig. 1).
Re claim 3, Green discloses the system of claim 1, wherein the first lock joint (between 44 and 46), the second lock joint (between 42 and 44), and the third joint (Between 40 and 42) are a v-groove (Fig. 1).
Re claim 6, Green discloses the system of claim 1, wherein the first panel (46), the second panel (44), the third panel (42), and the fourth panel (40) have a substantially equal length (Fig .1; [0029] disclosing a square).
Re claim 7, Green discloses a method (Claim 15) for assembling (Claim 15) a column end surround system (16), the column end surround system (16) including a first panel (46), a second panel (44), a third panel (42), and a fourth panel (40), the method comprising:
rotating (via 102; [0029]; Claim 15) the second panel (44) relative to the third panel (42);
rotating (via 102; [0029]; Claim 15) the fourth panel (40) relative to the third panel (42);
rotating (via 102; [0029]; Claim 15) the first panel (46) relative to the second panel (44); and
coupling (via 38, via 48) the first panel (46) to the fourth panel (40) when a first lock joint (48) formed on the first panel (46) engages (Fig. 1) a second lock joint (38) formed on the fourth panel (40).
Re claim 8, Green discloses the method of claim 7, wherein a first joint (between 46 and 44) rotatably couples (via 102; [0029]; Claim 15) the first panel (46) to the second panel (44), a second joint (between 44 and 42) rotatably couples (via 102; [0029]; Claim 15) the second panel (44) to the third panel (42), and a third joint (between 40 and 42) rotatably couples (via 102; [0029]; Claim 15) the third panel (42) to the fourth panel (40).
Re claim 9, Green discloses the method of claim 8, further comprising: applying an adhesive (Claim 15) to the second joint (between 44 and 42) and the third joint (between 40 and 42) before rotating (Claim 15) the fourth panel (46) and the second panel (42).
Re claim 10, Green discloses the method of claim 8, wherein the first lock joint (between 44 and 46), the second lock joint (between 42 and 44), and the third joint (Between 40 and 42) are a v-groove (Fig. 1).
Re claim 13, Green discloses the method of claim 7, wherein the first panel (46), the second panel (44), the third panel (42), and the fourth panel (40) have a substantially equal length (Fig .1; [0029] disclosing a square).
Re claim 14, Green discloses the method of claim 7, wherein the first lock joint (between 44 and 46) and the second lock joint (between 42 and 44) are a locking miter joint (Fig. 1).
Re claim 15, Green discloses a method (Claim 15) for manufacturing (Claim 15; [0029]) a column end surround system (16), the method comprising:
forming (Fig. 1 showing all joints formed) a first joint (between 46 and 44; 102) in a sheet of material (100) to define a first panel (46);
forming (Fig. 1 showing all joints formed) a second joint (between 42 and 44; 102) in the sheet (100) to define a second panel (44);
forming (Fig. 1 showing all joints formed) a third joint (between 42 and 40) in the sheet (100) to define a third panel (42) and a fourth panel (40);
forming (Fig. 1 showing all joints formed) a first lock joint (48) in the first panel (46); and
forming (Fig. 1 showing all joints formed) a second lock joint (38) in the fourth panel (40).
Re claim 16, Green discloses the method of claim 15, wherein the first lock joint (between 44 and 46) and the second lock joint (between 42 and 44) are a locking miter joint (Fig. 1).
Re claim 17, Green discloses the method of claim 16, wherein the first lock joint (between 44 and 46), the second lock joint (between 42 and 44), and the third joint (Between 40 and 42) are a v-groove (Fig. 1).
Re claim 20, Green discloses the method of claim 15, wherein the first panel (46), the second panel (44), the third panel (42), and the fourth panel (40) have a substantially equal length (Fig .1; [0029] disclosing a square).
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.
Claim(s) 4-5, 11-12 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Green et al (“Green”) (US 2005/0229531).
Re claim 4, Green discloses the system of claim 3, but fails to disclose wherein a distance between a vertex and an exterior surface is about .030 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Green wherein a distance between a vertex and an exterior surface is about .030 inches in order to ensure sufficient sizing for protection, strength and rigidity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 5, Green discloses the system of claim 1, but fails to disclose wherein the first panel, the second panel, the third panel, and the fourth panel are formed from a 5/8 inch thick material.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Green wherein the first panel, the second panel, the third panel, and the fourth panel are formed from a 5/8 inch thick material in order to ensure sufficient sizing for protection, strength and rigidity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 11, Green discloses the method of claim 10, but fails to disclose wherein a distance between a vertex and an exterior surface is about .030 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Green wherein a distance between a vertex and an exterior surface is about .030 inches in order to ensure sufficient sizing for protection, strength and rigidity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 12, Green discloses the method of claim 7, but fails to disclose wherein the first panel, the second panel, the third panel, and the fourth panel are formed from a 5/8 inch thick material.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Green wherein the first panel, the second panel, the third panel, and the fourth panel are formed from a 5/8 inch thick material in order to ensure sufficient sizing for protection, strength and rigidity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 18, Green discloses the method of claim 17, but fails to disclose wherein a distance between a vertex and an exterior surface is about .030 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Green wherein a distance between a vertex and an exterior surface is about .030 inches in order to ensure sufficient sizing for protection, strength and rigidity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 18, Green discloses the method of claim 15, but fails to disclose wherein the first panel, the second panel, the third panel, and the fourth panel are formed from a 5/8 inch thick material.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Green wherein the first panel, the second panel, the third panel, and the fourth panel are formed from a 5/8 inch thick material in order to ensure sufficient sizing for protection, strength and rigidity. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
