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 .
Response to Amendment
The amendment filed July 22nd, 2026 has been entered. Claims 1, 13, 18-21, 25, 28 and 30 have been amended. Claims 1-30 remain pending. Applicant’s amendments to the claims overcome some of the 112(b) rejections previously set forth in the Non-Final Office Action mailed April 23rd, 2026.
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 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.
The term “substantially” in claim 13 is a relative term which renders the claims indefinite. The term “substantially” 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.
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 1-3 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barrett et al. (US 8387802).
Regarding claim 1, Barrett et al. (US 8387802) teaches a screen assembly configured to be mounted to a screening machine (Col. 1 lines 13-16), comprising:
a screening portion (Fig. 1 #102) that includes a plurality of screening openings (Fig. 1 #108) that extend between a top surface and a bottom surface of the screening portion (Fig. 1 #108 extend between a top surface and a bottom surface of #102);
front and rear edges (Fig. 1 front and rear edges #112) located on front and rear sides, respectively, of the screening portion (Fig. 1 see front and rear edges #112 located on front and rear sides of #102);
first and second side edges (Fig. 1 #104, 106) located on first and second sides, respectively, of the screening portion (Fig. 1 see #104, 106 located on first and second sides of #102), wherein each of the first and second side edges comprise:
an upwardly extending portion (Fig. 2B #116, 120) that projects upward from the top surface of the screening portion (Fig. 2B see #116, 120 that projects upward from the top surface of #102); and
a first mounting recess (Fig. 2B recess formed below #116) that opens to a bottom surface of the side edge (Fig. 2B recess formed below #116 opens to a bottom surface of #106) of the screen assembly such that a projection on a screening machine can be received in the first mounting recess when the screen assembly is mounted on the screening machine (Fig. 2B projection extending through #130 is received in recess formed below #116, Col. 5 lines 31-40), wherein a top portion of the first mounting recess extends above the top surface of the screening portion (Fig. 2B see top portion of recess formed below #116 extending above the top surface of #102).
Regarding claim 2, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein a length of the first mounting recess on each of the first and second side edges (Figs. 1, 2B length of recess formed below #116) extends along the first and second side edges from a location adjacent the front edge to a location adjacent the rear edge (Figs. 1, 2B see length of recess formed below #116 extending along #104, 106 from a location adjacent front edge to location adjacent to rear edge).
Regarding claim 3, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein the first mounting recess on each of the first and second side edges (Figs. 1, 2B recess formed below #116 in #104, 106) has a width that narrows from a bottom portion of first mounting recess to the top portion of the first mounting recess (Fig. 2B see width that narrows from bottom portion of recess below #116 to top portion of recess below #116).
Regarding claim 6, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein the material of the first and second side edges (Fig. 1 #104, 106) is configured such that when the screen assembly is not mounted to a screen deck, the upwardly extending portion (Fig. 2B #116, 120) of each of the first and second side edges extends sideways and outward away from the side edge (Col. 5 lines 14-19).
Regarding claim 7, Barrett et al. (US 8387802) teaches the screen assembly of claim 6, wherein a thickness of the upwardly extending portions of each of the first and second side edges narrows from a lower part of the upwardly extending portion to an upper part of the upwardly extending portion (Fig. 2B thickness of #116, 120 narrows from lower part to an upper part).
Regarding claim 8, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein each of the first and second side edges (Fig. 1 #104, 106) further comprises an inwardly extending depression on an outer side surface of the side edge (Fig. 2B see inwardly extending depression through #106 for fastener #126).
Regarding claim 9, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein each of the first and second side edges includes a foot (Fig. 2B #114) that is located on a lower portion of an outer side of the side edge (Fig. 2B #114 located on lower portion of outer side of #106).
Regarding claim 10, Barrett et al. (US 8387802) teaches the screen assembly of claim 9, wherein each of the first and second side edges (Fig. 1 #104, 106) further comprises an inwardly extending depression on the outer side of the side edge (Fig. 2B see inwardly extending depression through #106 for fastener #126), the inwardly extending depression being located between the foot and the upwardly extending portion (Fig. 2B see inwardly extending depression through #106 for fastener #126 located between #114 and #120).
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.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (US 8387802) in view of Fisher et al. (US 7850011).
Regarding claim 4, Barrett et al. (US 8387802) lacks teaching the screen assembly of claim 1, wherein each of the first and second side edges further comprises a second mounting recess that opens to the bottom surface of the side edge.
Fisher et al. (US 7850011) teaches a screen assembly (Col. 1 lines 5-9), wherein each of the first and second side edges (Fig. 4 #22) further comprises a second mounting recess (Fig. 17 see first and second #96 in #22a) that opens to the bottom surface of the side edge (Fig. 17 #96 open to the bottom surface of #22a).
Fisher et al. (US 7850011) explains that the apertures are engaged by barbed studs for secure captive engagement in order to facilitate connection of the mesh panels to the screen support members (Col. 13 lines 19-28).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett et al. (US 8387802) to include wherein each of the first and second side edges further comprises a second mounting recess that opens to the bottom surface of the side edge as taught by Fisher et al. (US 7850011) in order to provide a secure connection of the screening portion with the side edge.
Regarding claim 5, Barrett et al. (US 8387802) lacks teaching the screen assembly of claim 4, wherein a top portion of the second mounting recess on each of the first and second side edges is located below a top portion of the first mounting recess.
Fisher et al. (US 7850011) teaches a screen assembly (Col. 1 lines 5-9), wherein a top portion of the second mounting recess (Fig. 17 top portion of section #96 in #22a) on each of the first and second side edges (Fig. 4 #22) is located below a top portion of the first mounting recess (Fig. 17 see top portion of second #96 in #22a located below top portion of first #96 in #22a).
Fisher et al. (US 7850011) explains that the apertures are engaged by barbed studs for secure captive engagement in order to facilitate connection of the mesh panels to the screen support members (Col. 13 lines 19-28).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett et al. (US 8387802) to include wherein a top portion of the second mounting recess on each of the first and second side edges is located below a top portion of the first mounting recess as taught by Fisher et al. (US 7850011) in order to provide a secure connection of the screening portion with the side edge.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (US 8387802) in view of Schulte JR. et al. (US 2004/0007508) and further in view of legal precedent.
Regarding claim 13, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein inner surfaces of the first mounting recess on each of the first and second side edges are substantially straight (Fig. 2B inner surfaces of recess formed below #116 are substantially straight).
Barrett et al. (US 8387802) lacks teaching wherein the first mounting recess is triangular-shaped.
Schulte JR. et al. (US 2004/0007508) teaches a screen assembly (Paragraph 0003 lines 1-4), wherein the first mounting recess (Fig. 1B #29) is triangular-shaped (Fig. 1D see #29 forming recess in #14; Fig. 20E see projection #439d corresponding to shape of recess in #29).
Schulte JR. et al. (US 2004/0007508) explains that the spaced apart holes receive corresponding upwardly-directed projections of a screen mounting structure (Paragraph 0075 lines 14-18), and explains that the upwardly projecting member may have any of the shapes as shown in figure 20E (Paragraph 0105 lines 1-5).
The changes in shape claimed represent a design choice, and so a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Barrett et al. (US 8387802) to include wherein the first mounting recess is triangular-shaped as taught by Schulte JR. et al. (US 2004/0007508), as the change in shape did not sufficiently alter the device as a change in form and shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996). Furthermore, the difference in shapes is absent of any showing of criticality, and so it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP § 2144.04(I).
Regarding claim 14, Barrett et al. (US 8387802) lacks teaching the screen assembly of claim 1, wherein an inner surface of the first mounting recess on each of the first and second side edges is curved.
Schulte JR. et al. (US 2004/0007508) teaches a screen assembly (Paragraph 0003 lines 1-4), wherein an inner surface of the first mounting recess (Fig. 1B inner surface of #29) on each of the first and second side edges (Fig. 1B #14) is curved (Figs. 1D, 20E see curved projections #439c, f, h, i corresponding to inner surface of #29).
Schulte JR. et al. (US 2004/0007508) explains that the spaced apart holes receive corresponding upwardly-directed projections of a screen mounting structure (Paragraph 0075 lines 14-18), and explains that the upwardly projecting member may have any of the shapes as shown in figure 20E (Paragraph 0105 lines 1-5).
The changes in shape claimed represent a design choice, and so a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Barrett et al. (US 8387802) to include wherein an inner surface of the first mounting recess on each of the first and second side edges is curved as taught by Schulte JR. et al. (US 2004/0007508), as the change in shape did not sufficiently alter the device as a change in form and shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996). Furthermore, the difference in shapes is absent of any showing of criticality, and so it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP § 2144.04(I).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (US 8387802) in view of Schulte JR. et al. (US 2004/0007508).
Regarding claim 15, Barrett et al. (US 8387802) teaches the screen assembly of claim 1, wherein the first and second side edges are joined to outer edges of the screen elements that are located along the first and second sides of the screening portion (Col. 3 lines 32-35).
Barrett et al. (US 8387802) lacks teaching wherein the screening portion is formed from a plurality of screen elements that are attached to each other, edge-to-edge.
Schulte JR. et al. (US 2004/0007508) teaches a screen assembly (Paragraph 0003 lines 1-4), wherein the screening portion is formed from a plurality of screen elements that are attached to each other, edge-to-edge (Paragraph 0102 lines 1-9).
Schulte JR. et al. (US 2004/0007508) states that two, three, or more screen assemblies may be secured to a larger tray (Paragraph 0102 lines 1-9).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett et al. (US 8387802) to include wherein the screening portion is formed from a plurality of screen elements that are attached to each other, edge-to-edge as taught by Schulte JR. et al. (US 2004/0007508) in order to provide a larger screening assembly.
Regarding claim 16, Barrett et al. (US 8387802) lacks teaching the screen assembly of claim 15, wherein the material of the first and second side edges is fused to the material of the screen elements that are located along the first and second sides of the screening portion.
Schulte JR. et al. (US 2004/0007508) teaches a screen assembly (Paragraph 0003 lines 1-4), wherein the material of the first and second side edges (Fig. 1A material of #14) is fused to the material of the screen elements (Fig. 1D material of #12) that are located along the first and second sides of the screening portion (Fig. 1D material of #12 is fused between #21, 24 along first and second sides of #12, Paragraph 0075 lines 1-9).
Schulte JR. et al. (US 2004/0007508) states that the layers of screening material pass between and are secured between the bottom part and the top lip of the side edges, and the top lip and the bottom part of the side edges may be welded together with multiple spaced apart welds along the length of the side edges (Paragraph 0075 lines 1-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett et al. (US 8387802) to include wherein the material of the first and second side edges is fused to the material of the screen elements that are located along the first and second sides of the screening portion as taught by Schulte JR. et al. (US 2004/0007508) in order to secure the material of the screen elements to the first and second side edges.
Regarding claim 17, Barrett et al. (US 8387802) lacks teaching the screen assembly of claim 15, wherein the material of the first and second sides is attached to the screen elements that are located along the first and second sides of the screening portion via an adhesive.
Schulte JR. et al. (US 2004/0007508) teaches a screen assembly (Paragraph 0003 lines 1-4), wherein the material of the first and second sides (Fig. 1A material of #14) is attached to the screen elements (Fig. 1D material of #12) that are located along the first and second sides of the screening portion via an adhesive (Fig. 1D material of #12 is adhered between #21, 24 along first and second sides of #12, Paragraph 0075 lines 1-9).
Schulte JR. et al. (US 2004/0007508) states that the layers of screening material pass between and are secured between the bottom part and the top lip of the side edges, and the top lip and the bottom part of the side edges may be adhesively secured together (Paragraph 0075 lines 1-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett et al. (US 8387802) to include wherein the material of the first and second sides is attached to the screen elements that are located along the first and second sides of the screening portion via an adhesive as taught by Schulte JR. et al. (US 2004/0007508) in order to secure the material of the screen elements to the first and second side edges.
Claims 25-28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (US 8387802) in view of Wojciechowski (US 2020/0246833).
Regarding claim 25, Barrett et al. (US 8387802) teaches a screen assembly configured to be mounted to a screening machine (Col. 1 lines 13-16), comprising:
a screening portion (Fig. 1 #102) that includes a plurality of screening openings (Fig. 1 #108) that extend between a top surface and a bottom surface of the screening portion (Fig. 1 #108 extend between a top surface and a bottom surface of #102);
front and rear edges (Fig. 1 see front and rear edges #112) located on front and rear sides, respectively, of the screening portion (Fig. 1 see front and rear edges #112 located on front and rear sides of #102);
first and second side edges (Fig. 1 #104, 106) located on first and second sides, respectively, of the screening portion (Fig. 1 #104, 106 located on first and second sides of #102), wherein each of the first and second side edges comprise:
an upwardly extending portion (Fig. 2B #116, 120) that projects upward from the top surface of the screening portion (Fig. 2B #116, 120 projects upward from top surface of #102); and
a mounting surface (Fig. 2B surface of recess formed below #116) that is configured to bear against a side mounting member of a screening machine when the screen assembly is secured to the screening machine (Col. 5 lines 21-35), wherein a top portion of the mounting surface extends above the top surface of the screening portion (Fig. 2B top portion of surface of recess formed below #116 extends above top surface of #102);
wherein the first and second side edges (Fig. 1 #104, 106) are joined to the material of the outer edges of the screen elements that are located along the first and second sides of the screening portion (Fig. 1 #104, 106 joined to material of outer edges of #102 along sides of #102).
Barrett et al. (US 8387802) lacks teaching wherein the screening portion is formed from a plurality of screen elements, where side edges of the screen elements are attached directly to each other to form the screening portion.
Wojciechowski (US 2020/0246833) teaches a screen assembly configured to be mounted to a screening machine (Paragraph 0308 lines 1-10) wherein the screening portion is formed from a plurality of screen elements (Fig. 6A plurality of #14, 18), where side edges of the screen elements (Fig. 6a side edges of #14, 18) are attached directly to each other to form the screening portion (Fig. 1 see side edges of #14, 18 attached directly to each other to form #11).
Wojciechowski (US 2020/0246833) explains that the size of the screen assembly may be altered by attaching more or less screen elements together to form the screen assembly (Paragraph 0308 lines 3-8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Barrett et al. (US 8387802) to include wherein the screening portion is formed from a plurality of screen elements, where side edges of the screen elements are attached directly to each other to form the screening portion as taught by Wojciechowski (US 2020/0246833) in order to alter the size of the screen assembly.
Regarding claim 26, Barrett et al. (US 8387802) teaches the screen assembly of claim 25, wherein the mounting surface of each of the first and second side edges is located on an outer side of the side edge (Fig. 2B surface of recess formed below #116 is located along #114 at outer side of #104, 106).
Regarding claim 27, Barrett et al. (US 8387802) teaches the screen assembly of claim 25, wherein the material of the first and second side edges is configured such that when the screen assembly is not mounted to a screen deck, the upwardly extending portion (Fig. 2B #116, 120) of each of the first and second side edges extends sideways and outward away from the side edge (Col. 5 lines 14-19).
Regarding claim 28, Barrett et al. (US 8387802) teaches the screen assembly of claim 25, wherein the mounting surface is flat (Fig. 2B surface of recess formed below #116 is flat).
Regarding claim 30, Barrett et al. (US 8387802) teaches the screen assembly of claim 25, wherein each of the first and second side edges (Fig. 1 #104, 106) further comprises a first mounting recess (Fig. 2B recess formed below #116) that opens to a bottom surface of the side edge of the screen assembly (Fig. 2B recess formed below #116 opens to a bottom surface of #106) such that a projection on a screening machine can be received in the first mounting recess when the screen assembly is mounted on the screening machine (Fig. 2B projection extending through #130 is received in recess formed below #116, Col. 5 lines 31-40), wherein a top portion of the first mounting recess extends above a top surface of the screening area (Fig. 2B see top portion of recess formed below #116 extending above the top surface of #102).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (US 8387802) in view of Wojciechowski (US 2020/0246833), Schulte JR. et al. (US 2004/0007508) and further in view of legal precedent.
Regarding claim 29, Barrett et al. (US 8387802) lacks teaching the screen assembly of claim 25, wherein the mounting surface is curved.
Schulte JR. et al. (US 2004/0007508) teaches a screen assembly (Paragraph 0003 lines 1-4), wherein the mounting surface (Fig. 1B inner surface of #29) is curved (Figs. 1D, 20E see curved projections #439c, f, h, i corresponding to inner surface of #29).
Schulte JR. et al. (US 2004/0007508) explains that the spaced apart holes receive corresponding upwardly-directed projections of a screen mounting structure (Paragraph 0075 lines 14-18), and explains that the upwardly projecting member may have any of the shapes as shown in figure 20E (Paragraph 0105 lines 1-5).
The changes in shape claimed represent a design choice, and so a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Barrett et al. (US 8387802) to include wherein the mounting surface is curved as taught by Schulte JR. et al. (US 2004/0007508), as the change in shape did not sufficiently alter the device as a change in form and shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. See re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1996). Furthermore, the difference in shapes is absent of any showing of criticality, and so it has been held that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. See MPEP § 2144.04(I).
Allowable Subject Matter
Claims 11-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 18-24 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 11 recites “wherein the foot on each of the first and second side edges comprises a plurality of slits, cuts or apertures that open to a bottom surface of the foot and that extend across a width of the foot” wherein this limitation, in combination with the remaining limitations of claims 1 and 9, was not seen in the searched prior art.
Claim 18 recites “wherein the foot comprises a plurality of slits, cuts or apertures that open to a bottom surface of the foot and that extend at least partially across a width of the foot” wherein this limitation, in combination with the remaining limitations of claim 18, was not seen in the searched prior art. The searched prior art showed apertures in clamping assemblies for locating and fastening of the clamping assemblies (see Freissle et al. (US 10315226)).
Claim 12 would be allowed as it is dependent upon claim 11.
Claims 19-24 are allowed as they are dependent upon claim 18.
Response to Arguments
Applicant's arguments filed July 22nd, 2026 have been fully considered but they are not persuasive.
Regarding the Applicant’s argument that Barrett lacks teaching a mounting recess that opens to a bottom surface of the side edge of the screen assembly such that a projection on a screening machine can be received in the first mounting recess when the screen assembly is mounted on the screening machine, the Examiner would like to clarify that apertures #130 allow hold down retainers of a shale shaker (projection on a screening machine) to grip and retain the screen assembly in place during use, and the hold down retainers would pass through apertures #130 into recess formed below #116. Therefore Barrett teaches the mounting recess as recited in claim 1.
Applicant’s arguments, with respect to the rejection(s) of amended claim(s) 25 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wojciechowski (US 2020/0246833).
Applicant’s arguments, with respect to the rejection of amended claim(s) 18 have been fully considered and are persuasive. The rejection of the claim has been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
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/MOLLY K DEVINE/ Examiner, Art Unit 3653
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