Office Action 3: Notice of Allowance (2024-10-02)

CLAIMS:
AMENDMENTS TO THE CLAIMS

What is claimed is:

1\. (Currently Amended) A support for movable roofs and facades comprising two load- introduction plates, a connection plate, and a mechanical interface, wherein the connection plate is rotatably connected to ach of the load-introduction plates by means of a respective first rotary bearing, wherein the mechanical interface comprises at least one first bearing plate with a bearing bore, at least one second bearing plate having a bearing bore, the second bearing plate being disposed on the connection plate, and a bearing pin, wherein an axis of rotation of a second rotary bearing formed by the bearing bores and the bearing pin runs parallel to a direction of travel (X-direction) of the support.
2\. (Previously Presented) The support according to claim 1, characterized in that the first rotary bearings between the connection plate and a load application plate comprise a bearing pin and a recess interacting with the bearing pin, and in that the axes of rotation of the first rotary bearings formed thereby run orthogonally to a direction of travel (X- direction) of the support.
3\. (Previously Presented) The support according to claim 1, characterized in that the connection plate has a recess approximately in its center, in that the at least one second bearing plate is arranged on the connection plate in such a way that the bearing bore(s) is positioned beneath the connection plate.
4\. (Previously Presented) The support according to claim 1, characterized in that the connection plate has a reinforcement on its upper side, and in that the at least one second bearing plate is connected to the reinforcement.
5\. (Previously Presented) The support according to claim 1, characterized in that the first bearing plate at its end opposite the bearing bore is connected to a support or a flange plate.

6\. (Previously Presented) The support according to claim 1, characterized in that the connection plate has two side walls, in that at least one retaining part is releasably fastened to the side walls, and in that the retaining part or parts surrounds or surround at least one of the load-introduction plates.
7\. (Previously Presented) The support according to claim 1, characterized in that the load- introduction plate is part of a linear guide, and in that the linear guide comprises one or more carriages and a guide rail.
8\. (Previously Presented) The support according to claim 7, characterized in that the in each case one load-introduction plate is releasably connected to a carriage of the linear guide.

OFFICE 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on 09/25/2024 has been entered.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Claims 1-8 are allowable for the reasons set forth on pages 4-5 of applicant’s Remarks dated 09/25/2024.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: Remarks
In the present amendment, as set forth above, claim 1 is amended to specify that each of the load introduction plates is rotatably connected to the connecting plate by means of a first rotary bearing. The claim had previously been amended to conform with the claims as indicated as allowable in the Written Opinion of the International Searching Authority dated November 4, 2022, in respect of the PCT application from which the present application has been filed. No new matter has been introduced.
In the action, claims 1-3, 5 and 7 were rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,896,708 to Doi. Claims 3, 6 and 8 were all indicated as being allowable.
The amended claim 1 requires a total of three rotary bearings. "Doi"" does not show such a console and does not suggest it. The examiner identifies the element (Ra) in "Doi" as a load introduction plate. Applicant contends, however, that this is inaccurate. The element (Ra) is a rail and not a "plate" (cf. column 1, lines 39-47 of "Doi"). The element (56) identified as a "connecting plate" runs on the rail (Ra) by means of a wheel (57). However, the wheel (57) does not constitute a rotary bearing for the element (56) or a rotatably mounted connection with the element (56) within the meaning of amended claim 1.
Furthermore, the examiner identifies the element (55) as the second bearing plate according to amended claim 1. Applicant contends that this too is inaccurate. The element (55) in "Doi" is not a "plate" but a joint (cf. column 1, lines 28-34 of "Doi").
The examiner argues that it would be obvious for the skilled person to duplicate the element
(Ra) and that the skilled person would thus arrive at the subject-matter of amended claim 1. This is not convincing. "Doi" already discloses that the element (Ra) can be present more than once (cf. elements (Ra, Rc) in Fig. 4 of "Doi"). However, "Doi" teaches that these elements (Ra, Rc) are not connected to each other by means of a connecting plate.
It is not apparent how and why the skilled person would form two elements (Ra, Rc), each by means of a first rotary bearing, and connect them each by means of the first rotary bearing to a common connecting plate, as required by amended claim 1. He has no reason to do so, nor does the teaching of "Doi" provide any indications in this direction. He would not only have to
completely ignore the entire teaching, but would have to act specifically in the opposite direction. He would also have to restructure and construct the "Doi" console from scratch. However, such an action corresponds to a retrospective/hindsight approach, which is inadmissible for the assessment of patentability.
Applicant would like to mention the claims (even prior to this amendment) have been indicated as allowable in the international search report, and have been allowed/granted in the parallel EP proceeding.
It is believed that the application is in condition for allowance and such allowance is respectfully requested. The Examiner is urged to contact the undersigned should she have any questions concerning the foregoing. Dated: September 25, 2024
Respectfully submitted, BY: