DETAILED ACTION
This is the first office action for US Application 19/267,737 for a Hidden Clip for Grooved Building Members.
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 § 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 1-6 and 8-11 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.
Claim 1 recites the limitation "the wing" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the respective longitudinal side to be traversed by the blade" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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, 8, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 12,241,260 to White. Regarding claim 1, White discloses a clip for attaching grooved building members to an underlying support member (see figure 4). The clip comprises a base (208’) with a front and an opposite rear and extending longitudinally between a first side and an opposite second side, and a fastener opening (receiving 300) extending therethrough. There is a blade (100) engaged with the base in a rotatable relationship (see T), the blade including a fastener hole (receiving 300) aligned with the fastener opening in the base. The blade is configured to rotate relative to the base from an initial position until the blade and base rotationally abut at an interface.
Regarding claim 2, the blade is rotatable relative to the base via frictional engagement with a surface of an elongate fastener (300) being rotatably driven through the opening and hole. Regarding claim 3, the base comprises a slot (above 220’, 224’) from the front to the rear within which the blade is retained when rotationally abutting the base at the interface. Regarding claim 4, the slot is opened in its top end (above 236’).
Regarding claim 8, the base comprises a slot from the front to the rear between opposing walls (between 216’ and 202, 202’ on each side) and terminating at a bottom. The blade is rotationally retained in the slot between the opposing walls in a second position after moving from the initial position, and the blade is vertically movable within the slot in the second position. Regarding claim 11, the base has a pair of opposing arms (one arm is between 216’ and 202, 202’ and the other arm is 236’ on the left side of figure 4) with each of the arms releasably retaining an opposite end of the blade in the initial position.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over White. Regarding claim 9, White doesn’t disclose at least one ramp in one or both of the front and rear for aiding rotation of the blade. The walls 224’ on each side extend vertically rather than angled. However, the specific angle is a design preference that would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention. Slightly angled walls 224’ would be a ramp in both the front and rear for aiding rotation of the blade (see figure 4). Regarding claim 10, the base comprises a front ramp in the front and a rear ramp in the rear, each of the front ramp and the rear ramp being on the respectively longitudinal side to be traversed by the blade when rotatably moving clockwise (see figure 4).
Allowable Subject Matter
Claims 5 and 6 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: The prior art does not disclose or suggest the elements of claims 1, 3, and 4, with a blade that extends longitudinally above the opening in the top end of the slot in an initial position, and falls into the top opening during rotation from driving a fastener through the fastener opening and hole.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2016/0168867 to Chester
US 9777486 to Simonsen
US 2023/0272624 to Vandenberg
DE 2520476 to Pfaehler
GB 2234540 to Buttling
WO 2013/077753 to Michno
The above prior art discloses various clips from attaching grooved building members.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632
