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 Objections
Claim 1 is objected to because of the following informalities:
Line 8, it appears “length” should read --a length--
Line 10, “endpiece” should read --end piece--
Line 15, “said second rectangular member” should read --said second rectangular tubular member--
Line 17, “said second rectangular member” should read --said second rectangular tubular member--
Line 18, it appears “crossmember length” should read --a crossmember length--
Line 22, “each endpiece aperture” should read --each endpiece aperture of each of said crossmember--
Line 24, “backsplash posts” should read --backsplash end posts--
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 1 is 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 1, “each tubular member first side” in line 9 lacks proper antecedent basis. Appropriate correction is required.
Allowable Subject Matter
Claim 1 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. The following is a statement of reasons for the indication of allowable subject matter: Mill (US Pat. No. 10,694,845 B2) is considered the closest prior art of record. Mill teaches an enclosure backsplash, comprising: a pair of backsplash end posts each including: an angled member (rear vertical 15, 16, Fig. 2) having a first angled member length disposed between an angled member first end and an angled member second end, wherein each of said angled member first end and said angled member second end joined to an end piece (top 26, 27) having an end piece aperture (29); a first rectangular tubular member and a second rectangular tubular member (horizontal 15, 16, wherein the member can be tubes 30) each having length disposed between a tubular member first end and a tubular member second end; a third rectangular tubular member (front vertical 15) extending in generally orthogonal relation from a second side of said second rectangular member; one or more crossmembers (bottom 4) having crossmember length disposed between a crossmember first end opposite a crossmember second end, wherein each of said crossmember first end and said crossmember second end joined to an end piece (bottom 26, 27) having an end piece aperture.
Mill does not teach each tubular member first side proximate said tubular member first end having an apertured fitting located to correspondingly align with said endpiece aperture of said end piece joined to said angled member first end and said angled member second end to receive a mechanical fastener to secure said angled member to each of said first rectangular tubular member and said second rectangular member; and wherein each endpiece aperture alignable with an apertured fitting disposed in said second rectangular tube or said third rectangular tube to secure said one or more crossmembers between said pair of backsplash posts.
The prior art of record does not anticipate or make obvious an enclosure backsplash having the combination of structural and functional limitations of Applicant’s claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for prior art related to Applicant’s disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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, Jonathan Liu can be reached at (571)272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Stanton L Krycinski/Primary Examiner, Art Unit 3631
Prosecution Insights