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 .
DETAILED ACTION
This is a non-final First Office Action on the Merits in application 19/173,273, filed 4/15/2025.
Claim 13 and the specification were amended in the preliminary amendment.
Claims 1-13 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/8/2025 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 53(see page 10, line 6). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The disclosure is objected to because of the following informalities: on page 5, line 25, “an example of embodiment” should be “an example of an embodiment”.
Appropriate correction is required.
Claim Objections
Claim 1 and 12 are objected to because of the following informalities: in line 5, “each upright” should be “each of the uprights”, line 7, “each side edge” should be “each of the side edges”; and in line 11 “each side wall” should be “each of the side walls”; and in claim 12, line 3, “each side wall” should be “each of the side walls”. 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.
Claims 1-13 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.
In claim 1, line 4, “the second side edge” has no antecedent basis and “a second lateral side” should be changed to “a second side edge in line 1 to overcome the rejection.
In claim 1, line 6, “the first longitudinal edge” and “the second longitudinal edge” have no antecedent basis and should be changed to “a first side edge” and “a second side edge”, respectively, to overcome the rejection.
In claim 2, it is not clear how the “tab opens towards” the outside when the tab is a single element extending from a clip.
In claim 2, line 2, it is not clear which bottom is being referred to rendering the metes and bounds of the claim unclear.
In claim 2, line 2, “the free ends” has no antecedent basis.
In claim 3, line 2, “for example in the form of” renders the metes and bounds of the claim indefinite as to the element of the member. By deleting “, for example” the rejection would be overcome.
In claim 4, line 2, “the edge” has no antecedent basis since multiple edges was previously defined and should be changed to “one of the edges” to overcome the rejection.
In claim 7, line 2, “, for example polyester” renders the metes and bounds of the claim indefinite as to the element of the member. By deleting the phrase the rejection would be overcome.
In claim 8, “at least one upright” is not clear if referring to one or both of the uprights of claim 1. By changing the phrase to “at least one of the uprights” the rejection would be overcome. IN claim 9, lines 2 and 3, “the upright” should be changed to “the at least one upright”.
In claim 10, line 2, “the pane” has no antecedent basis and should be changed to “the panel” to overcome the rejection.
In claim 12, line 4, “the side wall”, has no antecedent basis since multiple side walls was previously defined and should be changed to “each of the side walls” to overcome the rejection.
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.
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.
Claims 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by et Cie(U.S. Pat. Appl. Publ. 2020/0208662; cited on PTO 892).
Et Cie discloses a clip(10, see Figs. 1, 3-5 and 9) configured to connect an edge of a panel(16, see Fig. 9) to a support member(80) which has a groove(see opening in 8o in Fig. 13) for receiving one or more clips(the opening is capable of receiving clips meeting the claim limitation), wherein the clip comprises a bottom surface(12, see Fig. 9) and two side walls(18, 20, see Fig. 4), wherein each of the side walls of the clip comprises a tab(32, see Figs. 3, 4 and 9) elastically protruding outwards(the tab protrudes from the sides wall and is movable in use and therefore considered elastic and protruding outwards meeting the claim limitation) and configured to retract and be seated inside a window in the side walls of the clip(see Figs. 1 and 2).
et Cei discloses the clip of claim 12, wherein each of the two side walls(18, 20) terminates(the member “terminates” the side walls in as much as the disclosed member terminates the sidewalls meeting the claim limitation) in a gripping member(30) configured to penetrate into the edge of the panel when the clip is joined to the edge of the panel(see para. [0050]).
Claim 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Worden(U.S. Pat. Appl. Publ. 2023/0392627; cited on PTO 892).
Worden discloses a clip(154, see Figs. 7, 10-11 and 17) configured to connect an edge of a panel(104) to a support member(166 or 168) which has a groove(see Figs. 11 and 17) for receiving one or more clips(see Fig. 11), wherein the clip comprises a bottom surface(with 158 therein, see Fig. 10) and two side walls(156 and 160, see Fig. 10), wherein each of the side walls of the clip comprises a tab(162 and 164, see Fig. 10) elastically protruding outwards(the tab protrudes from the sides wall and is movable in use and therefore considered elastic and protruding outwards meeting the claim limitation) and configured to retract and be seated inside a window in the side walls of the clip(see Fig. 7).
Allowable Subject Matter
Claims 1-11 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
No prior art of record shows a modular wall having a panel and uprights with a groove with an opening with opposite longitudinal teeth, and a U-shaped clip with sidewalls each with an elastically protruding tab and the interaction of the clip and upright, nor any motivation to do so.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETH A. AUBREY whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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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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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/
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