DETAILED ACTION
Receipt is acknowledged of Applicant’s Response, dated 15 December 2025, which papers have been made of record.
Claims 1-10 are currently presented for examination, of which claims 5-10 have been withdrawn from consideration.
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 without traverse of Group I, claims 1-4, in the reply filed on 15 December 2025 is acknowledged.
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 3-4 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.
The term “generally” in claim 3 is a relative term which renders the claim indefinite. The term “”the frame member unit is assembled generally at a second assembly plane” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner notes that there does not appear to be any explicit definition for the term “generally” which explains what deviations from actually at the second assembly plane are contemplated, nor which would be understood and expected by one having ordinary skill in the art.
The term “substantially” in claim 4 is a relative term which renders the claim indefinite. The term “substantially parallel” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “parallel” is understood to have a specific geometric definition, such that the modification of “substantially” is understood to defeat or destroy the plain meaning of the term. While the Specification as filed uses the phrase “substantially parallel” there does not appear to be any explicit definition for the term “substantially” which explains what deviations from parallel are contemplated by Applicant, nor what deviations would be understood and expected by one having ordinary skill in the art.
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 1-2
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2010/0061829 to McAdoo et a. (hereinafter “McAdoo”).
Regarding claim 1, McAdoo discloses a method of assembling a wall frame using an automated wall frame assembly system (10; see Fig. 1) the method comprising: transporting first frame members (101, 103; see paragraph [0069] and paragraph [0070] and see Fig. 11, at least two members shown) along an assembly axis (longitudinal axis in direction labeled “infeed”) using an advancer assembly (assembly station 50, see paragraph [0049], including tracks, see paragraph [0058], and transport station 60; see paragraph [0067], including rollers 62 and 64) of the automated wall frame assembly system (Fig. 1); delivering a second frame member (102) to the advancer assembly (lifting and placing; see Figs. 4, 5, and 6 and paragraph [0063]) from a location above the advancer assembly using a gantry assembly (52; including robot on gantry 58) of the automated wall frame assembly system (10) disposed above the advancer assembly (see Fig. 4); and attaching the second frame member (102) to the first frame members (101, 103) using the advancer assembly (see paragraph [0070]; chords 101 and 102 joined by pressing of roller from mobile gantry 58 of advancer assembly).
Regarding claim 2, McAdoo discloses the limitations of claim 1, and further McAdoo discloses further comprising assembling a frame member unit (see Fig. 10) including the second frame member (102) and a third frame member (webs 201, 203, 204, 205 may be placed) using the gantry assembly (52; see paragraph [0070]; after webs are placed, gantry 58 advances over joints to fasten plates of the joint).
Allowable Subject Matter
Claims 3-4 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the prior art of record does not explicitly disclose or fairly teach “wherein the second frame member is attached to the first frame members generally at a first assembly plane, and the frame member unit is assembled generally at a second assembly plane disposed above the first assembly plane,” in combination with the remaining limitations of the claim.
Regarding claim 4, the prior art of record does not explicitly disclose or fairly teach “wherein the first frame members comprise top and bottom plate members of the wall frame, the second frame comprises a stud member extending between the top and bottom plate members, and the third frame member comprises a nogging extending substantially parallel to the first frame members,” in combination with the remaining limitations of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
United States Patent Application Publication 2007/0260345 to Mifsud et al. teaches a device and method for manufacturing building panels.
United States Patent Application Publication 2004/0093731 to Sarh teaches a device having overhead gantries for assembling components along a conveyor (see Fig. 1).
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/DARRELL C FORD/Examiner, Art Unit 3726