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) 1-5, 8, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2021/0254347 to Nelson (“Nelson”).
Regarding claim 1, Nelson discloses an integrally formed, fire-resistant (par 0055 discloses metal) clip 100 having a frontside (right side of 100 in Fig. 1A, 1D) and a backside (left side of 100 in Fig. 1A, 1D) and adapted to engage and partially cover a support rail within a building assembly, the clip comprising: a. a first arm portion 114 having a distal end and a proximal end; b. a second arm portion 104 having a distal end and a proximal end; c. a connecting ledge 110 connecting the proximal end of the first arm portion to the proximal end of the second arm portion, wherein the connecting ledge is connected to the proximal end of the first arm portion at a first bend 116 and to the proximal end of the second arm portion at a second bend (bend opposite of and coplanar with bend 116) and wherein the connecting ledge extends at an angle (90 degree angle) to each of the first arm portion and the second arm portion; and d. a retaining arm portion 106 connected to the distal end of the second arm portion at a third bend, wherein the third bend is greater than 90° such that the retaining arm portion 106 extends in a direction toward the proximal end of the second arm portion on the backside of the clip and such that a retention cavity (112 and between 104 and 106) is defined between the retaining arm portion 106 and the second arm portion 104.
Regarding claim 2, Nelson discloses that the first bend 116 is between 90° and 135°, inclusive.
Regarding claim 3, Nelson discloses that the second bend is approximately 90°.
Regarding claim 4, Nelson discloses the first arm portion 114 and the second arm portion 104 are laterally offset from each other by the connecting ledge 110.
Regarding claim 5, Nelson discloses that the connecting ledge 110 comprises a direct linear connection between the first bend 116 and the second bend.
Regarding claim 8, Nelson discloses that the third bend is approximately 180° such that the retaining arm portion 106 extends substantially parallel to the second arm portion 104.
Regarding claim 20, Nelson discloses an integrally formed metal clip 100 (par 0055 discloses metal) having a frontside (right side of 100 in Fig. 1A, 1D) and a backside (left side of 100 in Fig. 1A, 1D) and comprising: a. a first arm portion 114 having a distal end and a proximal end; b. a second arm portion 104 having a distal end and a proximal end; c. a connecting ledge 110 connecting the proximal end of the first arm portion to the proximal end of the second arm portion, wherein the connecting ledge is connected to the proximal end of the first arm portion at a first bend 116 between 90° and 135°, inclusive, and to the proximal end of the second arm portion at a second bend (bend opposite of and coplanar with bend 116) of approximately 90° and wherein the connecting ledge extends at an angle to each of the first arm portion and the second arm portion; and d. a retaining arm portion 106 connected to the distal end of the second arm portion at a third bend, wherein the third bend is approximately 180° such that the retaining arm portion extends substantially parallel to the second arm portion 104 on the backside of the clip and such that a retention cavity (112 and between 104 and 106) is defined between the retaining arm portion 106 and the second arm portion 104.
Claim(s) 1, 6, 7, 9, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2015/0135626 to Colyn (“Colyn”).
Regarding claim 1, Colyn discloses an integrally formed, fire-resistant (par 0023 discloses metal) clip 11 having a frontside (right side of 11 in Fig. 5) and a backside (right side of 11 in Fig. 5) and adapted to engage and partially cover a support rail within a building assembly, the clip comprising: a. a first arm portion 111 having a distal end and a proximal end; b. a second arm portion 112 having a distal end and a proximal end; c. a connecting ledge 113/114 connecting the proximal end of the first arm portion to the proximal end of the second arm portion, wherein the connecting ledge 113/114 is connected to the proximal end of the first arm portion at a first bend 34 and to the proximal end of the second arm portion at a second bend 32 and wherein the connecting ledge extends at an angle (approx. 90 degree angle) to each of the first arm portion and the second arm portion; and d. a retaining arm portion 115 connected to the distal end of the second arm portion at a third bend, wherein the third bend is greater than 90° such that the retaining arm portion 115 extends in a direction toward the proximal end of the second arm portion on the backside of the clip and such that a retention cavity 13 is defined between the retaining arm portion 115 and the second arm portion 112.
Regarding claim 6, Colyn discloses that the connecting ledge 113/114 comprises a first connecting ledge portion 114 connected to the proximal end of the second arm portion at the second bend 32 and a second connecting ledge portion 113 connected to the proximal end of the first arm portion at the first bend 34, wherein the first connecting ledge portion 114 and the second connecting ledge portion 113 are connected at a fourth bend 31.
Regarding claim 7, Colyn discloses that the fourth bend 31 is approximately 180° such that the first connecting ledge portion 114 and the second connecting ledge portion 113 are substantially parallel and separated by a gap 38.
Regarding claim 9, Colyn discloses that the retaining arm portion 115 extends at an oblique angle 116 relative to the second arm portion 112.
Regarding claim 10, Colyn discloses that the retaining arm portion 115 comprises a distal end and wherein a tail portion 17 extends towards the backside of the clip and at an angle to the retaining arm portion 115.
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) 1-5, 8, 12-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2022/0106972 to Foral et al. (“Foral”) in view of GB1518802 to Alcock et al. (“Alcock”). All references are made with respect to Foral unless otherwise noted.
Regarding claims 1, 12, and 20, Foral discloses a wall system assembly (see Fig. 9) comprising: a. a support rail 46 having a length and formed of a fiber reinforced polymer (par 0037), the support rail comprising: i. a first flange 48 extending in a first direction and having an inner surface and an outer surface; ii. a second flange 52 extending in a second direction opposite the first direction and having an inner surface and an outer surface; and iii. a support wall 50 having a first support surface and an opposing second support surface and connecting the first flange 48 and the second flange 52 such that the first flange and the second flange are laterally offset from each other; and b. an integrally formed, fire-resistant clip 10 (10 is fire-resistant as it is made of metal, par 0025) having a frontside and a backside and comprising: i. a first arm portion (upper portion of 14) having a distal end and a proximal end; ii. a second arm portion (lower portion of 14) having a distal end and a proximal end; iv. a retaining arm portion 12 connected to the distal end of the second arm portion at a third bend (where lower portion of 14 transitions to 12), wherein the third bend is greater than 90° such that the retaining arm portion extends in a direction toward the proximal end of the second arm portion on the backside of the clip and such that a retention cavity 18 is defined between the retaining arm portion and the second arm portion, wherein the clip 10 is mounted on the support rail 46 at a mounting location along the length of the support rail such that the second flange 52 of the support rail resides in the retention cavity 18 of the clip 10 and wherein, at the mounting location, the second arm portion (lower 14) of the clip 10 covers the entirety of the outer surface of the second flange 52, the retaining arm portion 12 of the clip 10 covers at least a portion of the inner surface of the second flange 52, and the first arm portion (upper portion of 14) extends away from the support wall in the first direction.
Foral does not disclose that the clip includes a connecting ledge connecting the proximal end of the first arm portion to the proximal end of the second arm portion, wherein the connecting ledge is connected to the proximal end of the first arm portion at a first bend 116 between 90° and 135°, inclusive and to the proximal end of the second arm portion at a second bend of approximately 90° and wherein the connecting ledge extends at an angle to each of the first arm portion and the second arm portion; and that the connecting ledge of the clip seats on the first support surface of the support rail.
Alcock discloses a wall system (Alcock Fig. 9) and insulation clip (see annotated Alcock Fig. 7) wherein the clip includes a connecting ledge (Alcock 700) connecting a proximal end of a first arm portion (Alcock 36) to a proximal end of a second arm portion (Alcock 700), wherein the connecting ledge (Alcock 32) is connected to the proximal end of the first arm portion (Alcock 36) at a first bend (Alcock 701) 116 between 90° and 135°, inclusive and to the proximal end of the second arm portion (Alcock 700) at a second bend (Alcock 702) of approximately 90° and wherein the connecting ledge (Alcock 32) extends at an angle to each of the first arm portion and the second arm portion; and that the connecting ledge (Alcock 32) of the clip seats on a first support surface (horizontal surface of Alcock 52) of a support rail (Alcock 52).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wall system assembly of Foral to have the clip include a connecting ledge connecting the proximal end of the first arm portion to the proximal end of the second arm portion, wherein the connecting ledge is connected to the proximal end of the first arm portion at a first bend 116 between 90° and 135°, inclusive and to the proximal end of the second arm portion at a second bend of approximately 90° and wherein the connecting ledge extends at an angle to each of the first arm portion and the second arm portion; and that the connecting ledge of the clip seats on the first support surface of the support rail as taught in Alcock with a reasonable expectation of success because it would reiforce the connection between the clip and rail to prevent the clip from vertically disengaging from the rail.
Regarding claim 2, Foral in view of Alcock discloses that the first bend (701 as modified by Alcock) is between 90° and 135°, inclusive.
Regarding claim 3, Foral in view of Alcock discloses that the second bend (702 as modified by Alcock) is approximately 90°.
Regarding claim 4, Foral in view of Alcock discloses the first arm portion 114 and the second arm portion 104 are laterally offset from each other by the connecting ledge (as a result of the modification to have ledge 32 of Alcock).
Regarding claim 5, Foral in view of Alcock discloses that the connecting ledge (32 Alcock) comprises a direct linear connection between the first bend (701 Alcock) and the second bend (702 Alcock).
Regarding claim 8, Foral in view of Alcock discloses that the third bend is approximately 180° such that the retaining arm portion 106 extends substantially parallel to the second arm portion 104.
Regarding claim 13, Foral in view of Alcock discloses a building substrate 32/34, wherein the first flange 48 of the support rail is attached to the building substrate.
Regarding claim 14, Foral in view of Alcock discloses at least one fastener (par 0031 discloses fastener extending through holes 20 and 22 of clip 10) that extends through the second arm portion of the clip, the second flange of the support rail, and the retaining arm portion of the clip.
Regarding claim 15, Foral in view of Alcock does not disclose that the building substrate defines an opening having an upper edge and wherein the clip extends proximate the upper edge of the opening. Alcock further discloses that clips can be used on rails adjacent to windows. It would have been obvious to place the clips proximate an opening such as a window opening because the rearrangement of parts is generally recognized as being within the level of ordinary skill in the art and such placement would not alter the performance of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 16, Foral in view of Alcock discloses an insulation layer 56 having an inner face, an outer face and a thickness defined between the inner face and the outer face, wherein the insulation layer 56 is positioned adjacent the first support surface of the support wall 50 and wherein the first arm portion 14 of the clip extends along at least a portion of the outer face of the insulation layer.
Regarding claim 18, Foral in view of Alcock discloses that the clip 10 is adapted to mount on the support rail 46 via snap-fit engagement.
Regarding claim 19, Foral in view of Alcock discloses that the clip 10 is adapted to mount on the support rail by sliding onto an end of the support rail.
Claim(s) 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foral in view of Alcock as applied to claims 1 and 16 above, and further in view of U.S. Publication No. 2013/0312356 to Foral (“Foral II”).
Regarding claims 11 and 17, Foral in view of Alcock does not disclose that the clip further comprises at least one pin extending from the distal end of the first arm portion and toward the backside of the clip, wherein the at least one pin comprises a depth that is less than the thickness of the insulation layer such that and wherein the at least one pin extends through the outer face of the insulation layer and into the insulation layer but does not extend through the inner face of the insulation layer.
Foral II discloses a wall assembly comprising a clip (Foral 100) that comprises at least one pin (Foral 105) extending from a distal end of a first arm portion (Foral 102) and toward a backside of the clip, wherein the at least one pin (Foral 105) comprises a depth that is less than the thickness of the insulation layer such that and wherein the at least one pin extends through the outer face of the insulation layer and into the insulation layer but does not extend through the inner face of the insulation layer (see Fig. 4, pin 105 on 104 does not extend through 134a).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the the wall system assembly of Foral to have the clip further comprise at least one pin extending from the distal end of the first arm portion and toward the backside of the clip, wherein the at least one pin comprises a depth that is less than the thickness of the insulation layer such that and wherein the at least one pin extends through the outer face of the insulation layer and into the insulation layer but does not extend through the inner face of the insulation layer as taught in Foral II with a reasonable expectation of success because it would predictably improve securemnt of the clip onto the insulation.
Annotated Fig. 5 of Colyn
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Annotated Fig. 7 of Alcock
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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