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 .
Election/Restrictions
Applicant's election with traverse of Species I in the reply filed on 04/09/2025 is acknowledged. The traversal is on the ground(s) that the species do not lack unity of invention. This is not found persuasive because the different embodiments are clearly described in the figure descriptions, and the special technical feature of the locking device profiles and angle attachment structures vary between embodiments.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 2-8 objected to because of the following informalities: A dependent claim should begin with “The” rather than A to reflect the same apparatus of the claim from which it depends. Appropriate correction is required.
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.
Claim 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.
Regarding claim 9, antecedent basis for the wall elements and the fastening device has previously been established in the claims. Appropriate correction is required.
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.
Claim(s) 1-4, 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Menchetti, U.S. Patent 4,689,930.
Regarding claim 1, Menchetti discloses a panel assembly comprising: an angle support profile (16) which comprises a first holding surface (48) for attaching a first said wall element (10) thereto; and a second holding surface (50) which extends at the wall angle (a) with respect to the first holding surface (see Fig. 1), for attaching a second said wall element (12) thereto;- an angle closing profile (54) comprising: a first closing surface (see Fig, 1, surface abutting 10) for holding the first wall element between this first closing surface and the first holding surface (see Fig. 1); a second closing surface (see Fig, 1, surface abutting 12) for holding the second wall element between this second closing surface and the second holding surface (see Fig. 1); and angle attachment (56, 58, 60, 62) for attaching the angle closing profile to the angle support profile for holding the wall elements between these closing surfaces and the holding surfaces (see Fig. 1, generally), comprising: support profile coupling (56) which are provided on the angle support profile between the said holding surfaces (see Fig. 1); and closing profile coupling (60) which are provided on the angle closing profile between the said closing surfaces (see Fig. 1);wherein the support profile coupling and the closing profile coupling are couplable to each other along a coupling direction (along the diagonal as shown in Fig. 1) which extends at a first coupling angle > 0 degrees with respect to the first holding surface and the first closing surface (45 deg, see Fig. 1), and extends at a second coupling angle > 0 degrees with respect to the second holding surface and the second closing surface, wherein the sum of the first coupling angle and the second coupling angle is equal to the wall angle (90 deg, see Fig. 1), characterized in that the fastening device: comprises a first transverse support profile (18), comprises first frame attachment (28 adjacent 18) for attaching the first transverse support profile to the angle support profile in order to form a first support frame together with the angle support profile (see Fig. 1), comprises a first transverse closing profile (42 adjacent 18), and comprises first transverse attachment (40) for attaching the first transverse closing profile to the first transverse support profile in order to form a first closing frame together with the angle closing profile for mounting the first wall element between the first support frame and the first closing frame (see Fig. 1, generally); and comprises a second transverse support profile (20), comprises second frame attachment (28 adjacent 20), for attaching the second transverse support profile to the angle support profile in order to form a second support frame together with the angle support profile (Fig. 1), comprises a second transverse closing profile (42 adjacent 20), and comprises second transverse attachment (40) for attaching the second transverse closing profile to the second transverse support profile in order to form a second closing frame together with the angle closing profile for mounting the second wall element between the second support frame and the second closing frame (as shown in Fig. 1); wherein the transverse closing profiles are provided for securing the angle closing profile between these transverse closing profiles (see Fig. 1, generally).
Regarding claim 2, Menchetti discloses a panel assembly characterized in that the angle attachment comprise a core element (components 58 and portion of 14 extending therebetween) which is provided to extend between the wall elements.
Regarding claim 3, Menchetti discloses a panel assembly characterized in that the core element is provided with click-fit elements (60) for attaching the core element to the angle support profile or for attaching the core element to the angle closing profile (see Fig. 1).
Regarding claim 4, Menchetti discloses a panel assembly characterized in that the click-fit elements extend on either side of the core element and are click- fittable in a corresponding fitting cavity (56) in the angle support profile or the angle closing profile, respectively.
Regarding claim 6, Menchetti discloses a panel system wherein the angle attachment is of a profile-shaped design (see Fig. 1, generally).
Regarding claim 7, Menchetti discloses a panel system wherein each holding surface forms part of a corresponding double-walled leg of the angle support profile (components 48 and 30, and components 50 and 32, respectively).
Regarding claim 8, Menchetti discloses a panel system wherein each closing surface forms part of a tubular part of the angle closing profile (see Fig 1; 54 extending between the closing surfaces provides for a rounded, or tubular, profile portion.
Regarding claim 9, Menchetti discloses a system comprising two wall elements (10, 12) and a fastening device (14) for fitting these wall elements, characterized in that the fastening device is a fastening device according to Claim 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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Menchetti, U.S. Patent 4,689,930.
Regarding claim 5, Menchetti discloses a panel assembly but does not specifically disclose the core element is of substantially rigid design. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that the trim member (54) shape/design will have enough (substantial) rigidity to effectively hold it into place on the wall system, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin,125 USPQ 416.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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