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, 2, 7, 9, 12, 15, 16, 18, 20-22, 28, 30, 33, 34, 37, 38, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR2619844 to Cautain (“Cautain”).
Regarding claim 1, Cautain discloses an extender 1 for extending the height of a screed rail, the extender 1 comprising: an elongate body having side portions 2, 5 defining a lower end portion 5a, 5b and an upper end portion 2a, 2b; wherein the side portions 2, 5 are connected by at least one resiliently deformable bridge 8 therebetween, the bridge permitting lateral movement of the side portions towards and away from each other; wherein the lower end portion and the upper end portion are configured to be engageable with the upper end portion and lower end portion respectively of a second extender, such that a plurality of extenders may be connected together (see Fig. 4 showing multiple extenders 1.1, 1.2 connected together).
Regarding claim 2, Cautain discloses that the connecting bridge deforms under pressure in preference to the side portions.
Regarding claim 7, Cautain discloses that the lower end portion and/or the upper end portion comprise a recess (created under ridges 4 or above ridges 6), forming an elongate channel along some or all the length of the body.
Regarding claim 9, Cautain discloses that the lower end portion recess is configured to receive the upper end portion of another extender (via engagement of ridges 4 and 6).
Regarding claim 12, Cautain discloses locking means 4, 6 for locking lower and upper end portions together.
Regarding claim 15, Cautain discloses that the upper end portion 2 is configured to releasably engage with a cover strip. See Fig. 3, 4.
Regarding claim 16, Cautain discloses that the lower end portion is configured to engage with a screed rail. See Fig. 10.
Regarding claim 18, Cautain discloses one or more elongate resiliently compressible members 12 positioned within the extender body for providing additional resilience to lateral compressive forces.
Regarding claim 20, Cautain discloses that the extender is formed as a single plastics extrusion. See par 006 of machine translation from IDS.
Regarding claim 21, Cautain discloses that a modular screed rail system (Fig. 10) comprising at least one extender 1 according to claim 1 and a screed rail 20, wherein the screed rail comprises an elongate body comprising a base portion (horizontal portion of 20) and an upwardly extending portion (vertical portion of 20), and the lower end portion of the extender is configured to be engageable with the upwardly extending portion of the screed rail.
Regarding claim 22, Cautain discloses that the upwardly extending portion of the screed rail has side portions (left and right legs of 20 that extend upwardly from horizontal portion of 20) which are connected by at least one resiliently deformable bridge (not labeled, shown in Fig. 10) therebetween.
Regarding claim 28, Cautain discloses that the upper end of the upwardly extending portion of the screed rail body 20 is configured to engage with the lower end portion of the extender 1. See Fig. 10.
Regarding claim 30, Cautain discloses that the upper end of the upwardly extending portion of the screed rail body comprises locking means (similar to means 4 labeled in Fig. 1) for locking the screed rail and the extender together.
Regarding claim 33, Cautain discloses a cover strip 11.
Regarding claim 34, Cautain discloses that the cover strip is configured to be releasably positioned over the upper end of the upwardly extending portion of the screed rail and the upper end portion of the extender.
Regarding claim 37, Cautain discloses that the cover strip 11 is capable of releasably clipping over the upper end of the upwardly extending portion of the screed rail and the upper end portion of the extender.
Regarding claim 38, Cautain discloses that the cover strip 11 comprises releasable engaging means (similar to means 6 of extender 1) for releasably engaging the cover strip with the screed rail and the extender.
Regarding claim 40 , Cautain discloses that the screed rail 20 and one or more extenders 10 are formed from the same plastics material as separate integral pieces (plastic, par 005 and 006 of machine translation from IDS.
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) 5 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cautain.
Regarding claims 5 and 26, Cautain does not disclose a plurality of bridges nor that the upwardly extending portion of the screed rail comprises a plurality of connecting bridges. It has been held that a mere duplication of parts, such as the duplication of the bridges in the extender or screed rail, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
