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 § 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 5-6, 8-10, 13-16, and 21 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 Clm 5: This claim recites “the flexible element” in line 3. There is a lack of antecedent basis for this limitation in the claim.
Re Clm 10: This claim recites “the interlocking elements” in line 5. There is a lack of antecedent basis for this limitation in the claim.
Re Clm 13: This claim recites “the locking elements” in line 2. There is a lack of antecedent basis for this limitation in the claim.
Re Clm 14: This claim recites “the longitudinal axis” in lines 3-4. There is a lack of antecedent basis for this limitation in the claim. This claim also recites “the locking elements” in lines 5-6. There is a lack of antecedent basis for this limitation in the claim.
Re Clm 16: This claim recites “the integral locking elements” in line 2. There is a lack of antecedent basis for this limitation in the claim.
Re Clm 21: This claim recites “a closed configuration” in line 8. Examiner notes there is already a “closed configuration” of the coupler set forth in claim 1. It is unclear if this is the same configuration as previously set forth or if it is a separate and different configuration.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 2, 4, 10-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2022/034590, hereafter ‘590.
Re Clm 1: ‘590 discloses a fence panel coupler (170, figs 3a-5b) comprising: a first coupling member (170a) including first and second connector portions (172a, 174a) each having an opening for receiving respectively one of a first fence post and a second fence post (see figs); and a second coupling member (170b) including third and fourth connector portions (172b, 174b) each having an opening for receiving a respective one of the first and second fence posts (see figs); wherein the first and second coupling members are movable together to a closed configuration (figs 3a, 3b) and include integral connectors (186, 188; or 178, 180) that connect the first and second coupling members together in the closed configuration.
Re Clm 2: ‘590 discloses wherein the integral connectors comprise integral locking elements (186, 188) that lock the first and second coupling members together in the closed configuration (as disclosed).
Re Clm 4: ‘590 discloses wherein the openings of the first and second connector portions are arranged for receiving respectively the first and second fence posts when the first coupling member is applied to the fence posts in a first insertion direction; the openings of the third and fourth connector portions are arranged for receiving respectively the first and second fence posts when the second coupling member is applied to an opposing side of the fence posts in a second insertion direction that is opposite to the first insertion direction; and wherein the locking elements are arranged to interlock when the first and second coupling members are moved into engagement in a direction perpendicular to the first and second insertion directions. Examiner notes that the structure of the coupler members are configured for, arranged for, and capable of the above movements of the coupling members in the insertion directions with the posts and then in a perpendicular direction to the closed configuration.
Re Clm 10 (as best understood): ‘590 discloses wherein the first and second connector portions of the first coupling member are interconnected by a first bridge section (176), and the third and fourth connector portions of the second coupling member are interconnected by a second bridge section (176), and wherein the interlocking elements (178, 180) of the first and second coupling members are located on the first and second bridge sections respectively (fig 4a).
Re Clm 11: ‘590 discloses wherein the first coupling member includes first and second closure elements (wall surfaces at back of first and second connector portions to close the openings of the third and fourth connector portions when together) and the second coupling member includes third and fourth closure elements (wall surfaces at back of the third and fourth connector portions to close the openings of the first and second connector portions when together), the first and second closure elements being arranged to close the openings of the third and fourth coupling portions and the third and fourth closure elements are arranged to close the openings of the first and second connector portions when the first and second coupling members are connected in the closed configuration (see figs 3a, 3b).
Re Clm 12: ‘590 discloses wherein the first and second closure members are integral parts of the first and second connector portions (as noted above and shown in figs 3a, 3b) and the third and fourth closure members integral parts of the third and fourth connector portions (as noted above and shown in figs 3a, 3b), and in the closed configuration the first and third connector portions combine to form a first annular connector that in use surrounds the first fence post and the second and fourth connector portions combine to form a second annular connector that in use surrounds the second fence post (shown in figs 3a, 3b).
Re Clm 14 (as best understood): ‘590 discloses wherein the first and second coupling members are configured to be moved to the closed configuration along a closure axis that in use is parallel with the longitudinal axis of the fence posts (can be slid vertically over each other into the closed configuration), and the coupling members are configured to be inserted onto the fence posts along an insertion axis that is perpendicular to the closure axis (laterally), and the locking elements interlock to prevent separation along the closure axis (178, 180; prevent further sliding between members).
Re Clm 15 (as best understood): ‘590 discloses wherein the first and second couplers include secondary interlocking elements (178, 180 are secondary to primary 186, 188; or vice versa) that interlock when the coupling members are in the closed configuration and are arranged to prevent separation along the insertion axis.
Re Clm 16: ‘590 discloses wherein the integral locking elements are enclosed within the fence panel coupler in the closed configuration (178, 180 are enclosed within the coupler when together), and at least one of the coupling members includes an aperture (opening inside of 186) arranged for receiving a tool to release the locking elements and enable separation of the coupling members.
Claims 1, 2, 10-13, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toll et al. (US 10903632).
Re Clm 1: Toll et al. disclose (figs 25, 26) a fence panel coupler (10a) comprising: a first coupling member (20a) including first and second connector portions (21) each having an opening for receiving respectively one of a first fence post and a second fence post (see figs); and a second coupling member (including 16a and 16b) including third and fourth connector portions (left and right 20a) each having an opening for receiving a respective one of the first and second fence posts (see figs); wherein the first and second coupling members are movable together to a closed configuration (figs 25 and 26) and include integral connectors (teeth 42, 44; see figs 31-33b) that connect the first and second coupling members together in the closed configuration.
Re Clm 2: Toll et al. disclose wherein the integral connectors comprise integral locking elements (42, 44) that lock the first and second coupling members together in the closed configuration (as disclosed).
Re Clm 10 (as best understood): Toll et al. disclose wherein the first and second connector portions of the first coupling member are interconnected by a first bridge section (inside of curved post receiving portions), and the third and fourth connector portions of the second coupling member are interconnected by a second bridge section (see flat portions inside of curved posts-receiving portions), and wherein the interlocking elements (42, 44) of the first and second coupling members are located on the first and second bridge sections respectively (see figs 31-33b).
Re Clm 11: Toll et al. disclose wherein the first coupling member includes first and second closure elements (wall surfaces at back of first and second connector portions to close the openings of the third and fourth connector portions when together) and the second coupling member includes third and fourth closure elements (wall surfaces at back of the third and fourth connector portions to close the openings of the first and second connector portions when together), the first and second closure elements being arranged to close the openings of the third and fourth coupling portions and the third and fourth closure elements are arranged to close the openings of the first and second connector portions when the first and second coupling members are connected in the closed configuration (see figs 25, 26).
Re Clm 12: Toll et al. disclose wherein the first and second closure members are integral parts of the first and second connector portions (as noted above and shown in figs 25-26) and the third and fourth closure members integral parts of the third and fourth connector portions (as noted above and shown in figs 25-26), and in the closed configuration the first and third connector portions combine to form a first annular connector that in use surrounds the first fence post and the second and fourth connector portions combine to form a second annular connector that in use surrounds the second fence post (shown in figs 25-26).
Re Clm 13: Toll et al. disclose wherein the locking elements (34, 38 with teeth 42, 44) each extend from an inner surface of the respective coupling members and each comprises a flexible shaft and a tapered locking head (see figs 33a-33b), and wherein when the coupling members are moved to the closed configuration the locking elements flex away from each other when the locking heads engage and close to an interlocked configuration when the locking heads move past each other (teeth 42, 44 move away from each other as they pass each other).
Re Clm 16: Toll et al. disclose wherein the integral locking elements are enclosed within the fence panel coupler in the closed configuration (see figs 25, 26, 32-33b), and at least one of the coupling members includes an aperture (receiving tool 76) arranged for receiving a tool to release the locking elements and enable separation of the coupling members (See figs).
Re Clm 17: Toll et al. disclose fence panel coupling system comprising a fence panel coupler according to claim 16 (as rejected above) and a release tool (76) configured to be inserted into the aperture of the coupling member, wherein the locking elements are arranged relative to the aperture such that they are engaged by the release tool on insertion, which causes the locking elements to separate (see figs 33a-33b).
Claims 1-12, 14, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Link et al. (US 8733293).
Re Clm 1: Link et al. disclose (fig 13) a fence panel coupler comprising: a first coupling member (102) including first and second connector portions (114, 116) each having an opening for receiving respectively one of a first fence post and a second fence post (see figs); and a second coupling member (104) including third and fourth connector portions (114, 116) each having an opening for receiving a respective one of the first and second fence posts (see figs); wherein the first and second coupling members are movable together to a closed configuration (fig 13) and include integral connectors (110, 138, 140) that connect the first and second coupling members together in the closed configuration.
Re Clm 2: Link et al. disclose wherein the integral connectors comprise integral locking elements (110, 138, 140) that lock the first and second coupling members together in the closed configuration (as disclosed).
Re Clm 3: Link et al. disclose wherein the connector portions each include a resiliently flexible element reconfigurable to an expanded configuration to enlarge the respective opening of the connector portion for receiving the respective fence post (middle of column 15).
Re Clm 4: Link et al. disclose wherein the openings of the first and second connector portions are arranged for receiving respectively the first and second fence posts when the first coupling member is applied to the fence posts in a first insertion direction; the openings of the third and fourth connector portions are arranged for receiving respectively the first and second fence posts when the second coupling member is applied to an opposing side of the fence posts in a second insertion direction that is opposite to the first insertion direction; and wherein the locking elements are arranged to interlock when the first and second coupling members are moved into engagement in a direction perpendicular to the first and second insertion directions. Examiner notes that the structure of the coupler members are configured for, arranged for, and capable of the above movements of the coupling members in the insertion directions with the posts and then in a perpendicular direction to the closed configuration, see figs 13-16).
Re Clm 5: Link et al. disclose wherein the connector portions of the first and second coupling members are c-shaped having opposing ends between which the opening is defined and the flexible element of each connector portion comprises a flexible arm formed by a free end of the respective c- shaped connector portion (see figs).
Re Clm 6: Link et al. disclose wherein the c- shaped connectors are configured to connect to the fence posts in a snap fit arrangement. Examiner notes that flexing and unflexing walls to insert posts 30 constitutes a snap-fit.
Re Clm 7: Link et al. disclose wherein the coupling members are configured to slide along the fence posts when the fence posts are received within the connector portions of the coupling members, and in use the first and second coupling members slide towards each other along the fence posts to the closed configuration (see figs 13-16).
Re Clm 8: Link et al. disclose wherein the flexible arm of each connector portion is reconfigurable between a clamping configuration in which the opening has a first width and the expanded configuration in which the opening has a second width and is biased to the clamping configuration. Examiner notes that flexing and unflexing walls to insert posts 30 makes the width of the opening bigger (expansion configuration), then unflexes to the clamping configuration.
Re Clm 9: Link et al. disclose wherein the flexible arm of each connector portion moves to the expanded configuration when the opening of the connector portion is urged against a fence post (see above explanation).
Re Clm 10 (as best understood): Link et al. disclose wherein the first and second connector portions of the first coupling member are interconnected by a first bridge section (middle section with 138, 140), and the third and fourth connector portions of the second coupling member are interconnected by a second bridge section (middle section with 138, 140), and wherein the interlocking elements of the first and second coupling members are located on the first and second bridge sections respectively (figs 13-16).
Re Clm 11: Link et al. disclose wherein the first coupling member includes first and second closure elements (wall surfaces at back of first and second connector portions to close the openings of the third and fourth connector portions when together) and the second coupling member includes third and fourth closure elements (wall surfaces at back of the third and fourth connector portions to close the openings of the first and second connector portions when together), the first and second closure elements being arranged to close the openings of the third and fourth coupling portions and the third and fourth closure elements are arranged to close the openings of the first and second connector portions when the first and second coupling members are connected in the closed configuration (see figs 13-16).
Re Clm 12: Link et al. disclose wherein the first and second closure members are integral parts of the first and second connector portions (as noted above and shown in figs 13-16) and the third and fourth closure members integral parts of the third and fourth connector portions (as noted above and shown in figs 13-16), and in the closed configuration the first and third connector portions combine to form a first annular connector that in use surrounds the first fence post and the second and fourth connector portions combine to form a second annular connector that in use surrounds the second fence post (shown in figs 13-16).
Re Clm 14 (as best understood): Link et al. disclose wherein the first and second coupling members are configured to be moved to the closed configuration along a closure axis that in use is parallel with the longitudinal axis of the fence posts (can be slid vertically over each other into the closed configuration), and the coupling members are configured to be inserted onto the fence posts along an insertion axis that is perpendicular to the closure axis (laterally), and the locking elements interlock to prevent separation along the closure axis (abutment prevents further sliding between members).
Re Clm 21 (as best understood): Link et al. disclose method of coupling fence panels, comprising: providing a fence coupler according to any one of claim 1 (see above rejection of claim 1); connecting the first fence coupling member onto a first side of first and second fence posts in a first insertion direction; connecting the second fence coupling member onto a second side of the first and second fence posts in an opposing second insertion direction at a spaced location relative to the length of the fence posts; and moving the first and second coupling members to a closed configuration by sliding at least one of the coupling members into engagement with the other along the first and second fence posts. Examiner notes this is shown in figures 13-16.
Allowable Subject Matter
Claims 18-20 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. The following is a statement of reasons for the indication of allowable subject matter: Examiner notes that the prior art fails to disclose wherein the stem of the release tool is rotatable to a second orientation in which the locking elements are separated by the second lateral dimension of the stem.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN PETER MASINICK whose telephone number is (571)270-3060. The examiner can normally be reached Monday-Friday 8a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Anderson can be reached at (571)270-5281. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN P MASINICK/Primary Examiner, Art Unit 3678
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