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 .
Status of Claims
Claims 1-15, 17-21 as filed on 04/03/2025 are pending and herewith considered as indicated below.
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, 8-9 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.
In regards to Claim 5, “the same width” as recited in line 2 lacks proper antecedent basis. It appears “the same width” is intended to recite “a same width”.
In regards to Claim 6, “the backs of the receiving parts” as recited in lines 3-4, lack proper antecedent basis. It appears “the backs of the receiving parts” is intended to recite “a back of the receiving parts”.
In regards to Claims 8-9, rejected due to dependency on rejected claim 6.
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 1-4, 15, 17-18, 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klehr et al. (US20150204086A1)(Herein Klehr).
In regards to Claim 1, Klehr discloses
A connection device (4, 10) [Figs 1-3] for connecting a first frame formwork element (1, 2) [Fig 1-2] [0052] with a second frame formwork element (1, 2) [Fig 1] [Abstract], comprising:
a gripper (10) [Figs 1 and 3] with at least one gripping element (11, opposite ends of (13)) [Fig 1 and 3] [0058] for gripping around at least one frame part (1) [Fig 1] of the first (1,2) [Fig 1] and/or second frame formwork element,
a holder (4) [Figs 1-2] for receiving the gripper (10) [Figs 1 and 3] in a standby position [0058] [Fig 1], wherein
the holder (4) [Figs 1-2] comprises a receiving element (5 and 8) [Fig 2] with a hanging-in opening [Area between (8)] [Fig 2] for hanging [Intended use] in one of the at least one gripping elements (11, opposite ends of (13)) [Fig 1 and 3] [0058] of the gripper (10) [Figs 1 and 3] in the standby position [As shown in Figure 1].
Additionally, the language “and/or” is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. See § MPEP 2103 (C).
Additionally, the language “for receiving” is language that suggests or makes optional the limitation. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See § MPEP 2114 (II)
Examiners Interpretation: Element 13 is a recess that functions as a gripper, (opposite ends of 13, top and bottom portion), as shown in Figure 1 and paragraph 0061 “The area of the other component 10 adjacent and coupled to the rod-like element 4 has a recess 13 which is shown in FIG. 3 surrounding the rod-like element 4”. Additionally, Per Merriam Webster a gripper is defined as “a device that holds something firmly”.
In regards to Claim 2, Klehr discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 1, wherein the holder (4) [Figs 1-2] comprises two receiving parts (8) [Fig 1 and 3] arranged at a distance from each other [As shown in Figs 1 and 3], with the hanging-in opening [Area between (8)] [Fig 2] for hanging in the gripping element (opposite ends of (13)) [Fig 1 and 3] [0058] formed between the receiving parts (8) [Fig 1 and 3].
In regards to Claim 3, Klehr discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 2, wherein the receiving parts (8) [Fig 1 and 3] are elongated along their longitudinal axes [0056, “The two supporting elements 8 perpendicularly protrude from the rod-like element 4”] , the longitudinal axes [0056, “The two supporting elements 8 perpendicularly protrude from the rod-like element 4”] of the receiving parts (8) [Fig 1 and 3] extending essentially parallel to each other [As shown in Figure 2].
In regards to Claim 4, Klehr discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 2, wherein the hanging-in opening [Area between (8)] [Fig 2] starts at a gap [Unnumbered, Fig 2] (see examiners comment) between upper ends [Upper side of (8), outermost protruded portion] of the receiving parts (8) [Fig 1 and 3], so that the gripper (10) [Figs 1 and 3] can be hung into the hanging-in opening [Area between (8)] [Fig 2] from above.
In regards to Claim 5, Klehr discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to one of Claim 2, wherein the hanging-in opening [Area between (8)] [Fig 2] between the two receiving parts (8) [Fig 1 and 3]
However, fails to disclose
essentially the same width as the gripping element, so that in the standby position the gripping element is laterally secured between the two receiving parts of the holder.
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 hanging-in portion of Klehr to have essentially the same width as the gripping element in order to facilitate securement. When modified, the change in size clamps the gripper element, not allowing any space. 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).
In regards to Claim 15, Klehr discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to one of Claim 1, wherein the holder (4) [Figs 1-2] comprises a connecting element (6, 7) [Fig 1 and 2] for connection [Via, element (3)] [0055] with the first frame formwork element (1,2) [Fig 1] [0052]
In regards to Claim 17, Klehr discloses
A frame formwork [Combination of 1 and 2, both sides] [Fig 1], comprising:
the first frame formwork element (1,2) [Fig 1] [0052], and
the connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 1.
In regards to Claim 18, Klehr discloses
The frame formwork [Combination of 1 and 2, both sides] [Fig 1] according to Claim 17, comprising
The second frame formwork element (1) [Fig 1] which, in the securing position, is connected [0058, “The other component 1 0, in the mounted state, surrounds a vertically extending supporting element 1 of another wall formwork, which is arranged adjacent to it, by a hook-shaped end 11 The hook-shaped end 1 1 protrudes into a groove 9 which is provided (cf. FIGS. 7 and 8) of the vertically extending supporting element 1 of the other wall formwork after the two wall formworks have been coupled to each other by the coupling device.”] to the first frame formwork element (1,2) [Fig 1] [0052] via the gripper (10) [Figs 1 and 3] of the connection device (4, 10) [Fig 1].
In regards to Claim 20, Klehr discloses
The connection device (4, 10) [Fig 1] [Abstract] according to Claim 15, wherein the connecting element (6, 7) [Fig 1 and 2] provides a detachable connection [0055, “A round rod 7 which can be seen in FIG. 2 is also connected to the wedge-shaped area 5 on the lower side. Compared to the lower round rod 6 the upper round rod 7 is longer, in order to be able to detachably couple the rod-like element to the wall formwork, as it is described. For this the upper round rod 6 initially is fully inserted from the bottom into a hole 3 of the upper supporting element 6”] with a stiffening part (2) [Fig 1] of the first frame formwork element (1,2) [Fig 1] [0052].
In regards to Claim 21, Klehr discloses
The connection device (4, 10) [Fig 1] [Abstract] according to Claim 20, wherein the connecting element (6, 7) [Fig 1-2] of the holder (4) [Fig 1-2] is inserted through a holding opening (3) [Fig 1] [0055, “For this the upper round rod 6 initially is fully inserted from the bottom into a hole 3 of the upper supporting element” and “the lower round rod 7 will also be inserted into the hole 3”] of the stiffening part (2) [Fig 1] of the first frame formwork element (1,2) [Fig 1].
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Klehr et al. (US20150204086A1)(Herein Klehr)
In regards to Claim 5, Klehr discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to one of Claim 2, wherein the hanging-in opening [Area between (8)] [Fig 2] between the two receiving parts (8) [Fig 1 and 3]
However, fails to disclose
essentially the same width as the gripping element, so that in the standby position the gripping element is laterally secured between the two receiving parts of the holder.
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 hanging-in portion of Klehr to have essentially the same width as the gripping element in order to facilitate securement. When modified, the change in size clamps the gripper element, not allowing any space. 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).
Claims 6, 8-14 are rejected under 35 U.S.C. 103 as being unpatentable over Klehr et al. (US20150204086A1)(Herein Klehr) in view of Grzondziel et al. (US20150308131A1)(Herein Grzondziel).
In regards to Claim 6, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to one of Claim 2
However, fails to disclose
wherein the gripping element at its free end comprises a grip jaw which is widened relative to a connecting section adjacent to it, so that the grip jaw projects laterally behind the backs of the receiving parts of the holder.
Furthermore, Grzondziel discloses
wherein the gripping element (opposite ends of (13), Klehr) [Fig 1 and 3] [0058] at its free end [Fig 1] comprises a grip jaw (5, 6) [Fig 1] which is widened relative to a connecting section [0088] adjacent to it, so that the grip jaw (5, 6) [Fig 1] projects laterally behind the backs [As modified] [0088, disclosing (5,6) reach into a groove of the support element, disclosing the functionality of projecting laterally behind receiving parts] of the receiving parts (8, Klehr) [Fig 1 and 3] of the holder (4, Klehr) [Figs 1-2].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device by Klehr to further include wherein the gripping element at its free end comprises a grip jaw which is widened relative to a connecting section adjacent to it, so that the grip jaw projects laterally behind the backs of the receiving parts of the holder as disclosed by Grzondziel. When modified, the grip jaw with all limitations allow for a secure placement as disclosed by Grzondziel [Para 0088 “In the final position, the pivotable claw 1 has been pivoted in such a way that the tabs 5, 6 reach into one groove, respectively, of the supporting elements for holding the formwork panels in the desired position”]
Examiners Interpretation: Widened as used in line 3 is intended to mean wider than a connection section.
In regards to Claim 8, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 6, wherein the receiving element (5 and 8) [Fig 2] comprises a base element (5) [Fig 1 and 3] which connects lower ends [Lower ends of (8), Fig 2] [0056, “The two supporting elements 8 perpendicularly protrude from the rod-like element 4”] of the receiving parts (8) [Fig 1 and 3]
In regards to Claim 9, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 8, wherein in the standby position [As modified] the grip jaw (5, 6, Grzondziel) [Fig 1] extends under an upper end of a back side [As modified, Grzondziel] [0088, disclosing (5,6) reach into a groove of the support element, disclosing the functionality of projecting behind the base element, Grzondziel] of the base element (5) [Fig 1 and 3].
In regards to Claim 10, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 2
However, fails to disclose
wherein the holder comprises a lift-off securing element for securing the gripper against lifting out of the receiving element.
Furthermore, Grzondziel discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 2, wherein the holder (4, Klehr) [Figs 1-2] comprises a lift-off securing element (1) [Fig 1] [0091] for securing [0087, disclosing functioning as a securing element] the gripper (10, Kehlr) [Figs 1 and 3] against lifting out of the receiving element (5 and 8, Kehlr) [Fig 2].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device by Klehr to further include wherein the holder comprises a lift-off securing element for securing the gripper against lifting out of the receiving element as disclosed by Grzondziel. When modified, the lift-off securing element with all limitations allows for for a final and initial positing of the lifting-off device, furthermore, allowing for a securing and releasing mechanism.
In regards to Claim 11, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 10, wherein the lift-off securing element (1) [Fig 1] [0091] is movable [Via (4), Figure 1-2], in particular pivotable between a securing position [0087, “Final position” , Grzondziel] that secures the gripper (10) [Figs 1 and 3] in the standby position [As modified] against lifting out and a release position [“Initial position”, Claim 5, Grzondziel] that frees [0087 “A rivet 4 forms the axis of the connecting device about which the pivotable claw 1 can be pivoted from the initial position into the final position”] the gripping element (opposite ends of (13)) [Fig 1 and 3] [0058].
In regards to Claim 12, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 11, wherein a spring (9, Grzondziel) [Fig 1] [0091] is provided which biases [0091, Grzondziel] the lift-off securing element (1, Grzondziel) [Fig 1] toward the securing position [0087 “A rivet 4 forms the axis of the connecting device about which the pivotable claw 1 can be pivoted from the initial position into the final position” , Grzondziel].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device by Klehr to further include a spring is provided which biases the lift-off securing element toward the securing position as disclosed by Grzondziel. When modified, the spring with all limitations allows for a biased movement between the initial and final positioning. As disclosed in [0091, “ A biased torsion spring 9 is disposed wound around the rivet 4 in such a way that the pivotable claw 1 is permanently pressed in the direction of the initial position, i.e. in the direction of an open position of the claws.”] and [0087 “A rivet 4 forms the axis of the connecting device about which the pivotable claw 1 can be pivoted from the initial position into the final position.”]
In regards to Claim 13, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 11, wherein in the securing position [0087, “Final position” , Grzondziel] the lift-off securing element (1) [Fig 1] projects into the hanging-in opening [Area between (8)] [Fig 2] and in the release position [“Initial position”, Claim 5, Grzondziel] is guided out [As shown in Figure 2, Grzondziel] of the hanging-in opening [Area between (8)] [Fig 2].
In regards to Claim 14, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 10, wherein the lift-off securing element (1, Grzondziel) [Fig 1] is mounted [Fig 1, Showing Mounted, Grzondziel] in a bearing opening [Unnumbered, Fig 1, Grzondziel] [See examiners comment] of one of the receiving parts (8) [Fig 1 and 3].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device by Klehr to further include a bearing opening as disclosed by Grzondziel. When modified, the bearing opening allows for ease of assembly and disassembly during failure.
Examiners Interpretation: A bearing opening being interpreted as an opening, with no shields or seals.
9. Claims 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Klehr et al. (US20150204086A1)(Herein Klehr) in view of Bond (US 12071774 B1)
In regards to Claim 7, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to one of Claim 2.
However, fails to disclose
wherein shaped tube pieces are provided as the receiving parts.
Bond discloses
wherein shaped tube pieces (1004) [Fig 2A] [Col 6, Line 36, “Hollow”] are provided as the receiving parts (8, Klehr) [Fig 1 and 3].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device by Klehr to further include (wherein shaped tube pieces are provided as the receiving parts as disclosed by Bond. When modified, the shape tube pieces allow for a reduction in weight and ease of fabrication, since it is known hollow elements are easier and quicker to fabricate.
Examiners Interpretation: Shaped Tube Pieces are interpreted in the context of tubular, also meaning hollow. As indicated in the drawings and specifications [paragraph 0013 “For a light and stable embodiment, the receiving parts are preferably formed from shaped tube pieces, preferably with an essentially rectangular cross-section”]
In regards to Claim 19, Klehr as modified discloses
The connection device (4, 10) [Figs 1-3] [Abstract] according to Claim 7
wherein upper ends [Bottom of (1004), Fig 2A, Bond] of the shaped tube pieces (1004, Bond) [Fig 2A] [Col 6, Line 36, “Hollow”] are closed off by cover caps (1006, Bond) [Fig 2A].
To not allow any environmental impacts to damage the opening in the shape tube pieces.
However, as modified Klehr does not specifically state the shaped tube pieces have essentially rectangular cross-section.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tube shaped pieces of Klehr to have essentially rectangular cross-section in shape in order to facilitate ease of production and assembly. When modified, the rectangular shape is common in the art and a common shape of manufacturing. In general, it has been held that a mere change in shape of a component is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Dailey, 357 F.2d 669, 149.
Examiners Comment
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481
420
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Klehr, Figure 2
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545
841
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Grzondziel, Figure 2
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 ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
