DETAILED ACTION
In response to remarks filed on 7 July 2025
Status of Claims
Claims 1, 3, 5, 7-15 and 17-24 are pending;
Claims 1, 5, 7, 8, 11-13, 15, 18 and 19 are currently amended;
Claims 3, 9, 10, 14 and 17 were previously presented;
Claims 2, 4, 6 and 16 are cancelled;
Claims 19-24 are new;
Claims 1, 3, 5, 7-15 and 17-24 are rejected herein.
Response to Arguments
Applicant’s arguments filed on 7 July 2025 have been fully considered and they are moot since new references have been introduced to address the new limitations presented.
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 1, 3 and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendren (U.S. Patent No. 9,598,151) in view of Gruhn et al (U.S. Patent No. 6,179,525).
As to Claim 1, Hendren discloses a suction float element for supporting a floating marine dock, walkway or platform on an underlying body of water, said suction float element comprising:
An exterior plastic shell (120) having an interior chamber filled with a buoyant foam (600) distinct from said plastic shell;
Said shell (120) including a rectangular top wall section, an opposite rectangular bottom wall section and a peripheral side wall section that interconnects said top and bottom wall sections (Figure 1), said side wall section comprising four interconnected elongate side wall segments that include a first opposing pair of elongate side wall segments and a second opposing pair of elongate side wall segments that are longitudinally shorter than said first opposing pair of sidewall segments (Figure 1);
Said side wall section including a plurality of elongate vertical recesses (262, 264, 302, 304, 242, 244, 282, 284) that extend between said top and bottom wall sections, each elongate vertical recess having an arcuate transverse contour, and each said side wall segment including a pair of said elongate vertical recesses (Pair 262, 264 and Pair 302, 304);
Said bottom wall section including a plurality of concave peripheral openings (Figure 1) that correspond to and communicate with lower ends of respective said vertical recesses (262, 264, 302, 304, 242, 244, 282, 284) in said side wall sections;
Said top wall section covering upper ends (Figure 1) of said vertical recesses (262, 264, 302, 304, 242, 244, 282, 284) and including a plurality of slots (218, 220, 226, 228, 214, 216, 222, 224), that extend inwardly from an outer peripheral edge of said top wall section (Figure 1), each said slot (218, 220, 226, 228, 214, 216, 222, 224) corresponding to and communicating with a respective said upper end of a respective said vertical recess (262, 264, 302, 304, 242, 244, 282, 284), each said slot (218, 220, 226, 228, 214, 216, 222, 224) for selectively receiving a respective connector extending through said respective vertical recess to secure said float element to depend from the dock, walkway or platform (Column 4, Lines 17-21: “Connections to the device may be done with a simple bolt connection using the front right edge slot 214, front left edge slot 216, left front edge slot 218, left back edge slot 220, back left edge slot 222, back right edge slot 224, right back edge slot 226, and right front edge slot 228”).
However, Hendren is silent about said bottom wall section further including a plurality of suction pockets formed therein, said suction pockets extending vertically upwardly from said bottom wall section and terminating intermediate said bottom and top wall sections; whereby applying a load to the dock, walkway or platform immerses said float in the underlying body of water to produce a suction within said suction pockets, which adheres said float element more forcefully to the underlying body of water. Gruhn discloses a bottom wall section (Bottom of 11) including a plurality of suction pockets (35, 36) formed therein, said suction pockets extending vertically upwardly from said bottom wall section and terminating intermediate said bottom and top wall sections (Figure 6); whereby applying a load to the dock, walkway or platform (Figure 1) immerses said float in the underlying body of water to produce a suction within said suction pockets (35, 36), which adheres said float element more forcefully to the underlying body of water. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide said bottom wall section with a plurality of suction pockets formed therein, said suction pockets extending vertically upwardly from said bottom wall section and terminating intermediate said bottom and top wall sections; whereby applying a load to the dock, walkway or platform immerses said float in the underlying body of water to produce a suction within said suction pockets, which adheres said float element more forcefully to the underlying body of water. The motivation would have been to increase the structural strength of the dock sections (Gruhn: Column 3, Line 18)
As to Claim 3, Hendren as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Hendren as modified also teaches in which said top wall section has a length and width that are respectively greater than a length and width of said bottom wall section (Hendren: Figures 3-5) such that each said side wall section has a narrowing taper extending from said top wall section to said bottom wall section.
As to Claim 7, Hendren as modified teaches the invention of Claim 6 (Refer to Claim 6 discussion). Hendren as modified also teaches in which each said suction pocket (Gruhn: 35, 36) includes a flat distal upper end that consists of a flat surface (Gruhn: Figure 6).
As to Claim 8, Hendren as modified teaches the invention of Claim 2 (Refer to Claim 2 discussion). Hendren as modified also teaches in which said vertical recesses (Hendren: 262, 264, 302, 304, 242, 244, 282, 284) consist of a pair of said vertical recesses formed in each side wall segment (Hendren: Pair 262, 264 and Pair 302, 304) of said side wall section, said vertical recesses enabling the suction float element to be selectively oriented for positioning said vertical recesses in a selected one of said first and second opposing pairs of side wall segments to receive respective connectors for securing the float element to the dock, walkway or platform (Hendren: Column 4, Lines 17-21: “Connections to the device may be done with a simple bolt connection using the front right edge slot 214, front left edge slot 216, left front edge slot 218, left back edge slot 220, back left edge slot 222, back right edge slot 224, right back edge slot 226, and right front edge slot 228”).
As to Claim 9, Hendren as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Hendren as modified also teaches in which each said recess (Hendren: 262, 264, 302, 304, 242, 244, 282, 284) has a semicylindrical shape and each said opening in said bottom wall section has a semicircular shape that matches said semicylindrical shape of a corresponding said vertical recess (Hendren: Figure 1).
As to Claim 10, Hendren as modified teaches the invention of Claim 9 (Refer to Claim 9 discussion). Hendren as modified also teaches in which said top wall section includes a plurality of semicircular peripheral regions (Hendren: Semicircular areas of the top portion on top of recesses 262, 264, 302, 304, 242, 244, 282, 284), each said semicircular peripheral region having a shape that conforms to a respective said semicylindrical vertical recess (Hendren: 262, 264, 302, 304, 242, 244, 282, 284).
As to Claim 11, Hendren as modified teaches the invention of Claim 10 (Refer to Claim 10 discussion). Hendren as modified also teaches in which each said slot (Hendren: 218, 220, 226, 228, 214, 216, 222, 224) in said top wall section is positioned formed radially in a respective said semicircular peripheral region and wherein each said slot intersects and extends perpendicularly inwardly from a distal linear edge of said top wall section (Hendren: Figure 1).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendren (U.S. Patent No. 9,598,151) in view of Gruhn et al (U.S. Patent No. 6,179,525); and further in view of Berquist (U.S. Patent No. 6,138,600).
As to Claim 5, Hendren as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). However, Hendren as modified is silent about in which each said suction pocket includes a parallel pair of elongate pocket sides and an opposing pair of entirely arcuate pocket ends that interconnect and extend fully between said pocket sides. Berquist discloses a suction pocket (Figure 4, 31) including a parallel pair of elongate pocket sides and an opposing pair of entirely arcuate pocket ends that interconnect and extend fully between said pocket sides. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make each suction pocket of parallel pair of elongate pocket sides and an opposing pair of entirely arcuate pocket ends that interconnect and extend fully between said pocket sides since a change in the shape of a prior art device is a design consideration within the skill of the art.
Claims 12-14, 17-19 and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendren (U.S. Patent No. 9,598,151) in view of Hallsten et al (U.S. Patent No. 5,845,594) and Gruhn et al (U.S. Patent No. 6,179,525).
As to Claim 12, Hendren discloses a floating marine dock, walkway or platform comprising:
A plurality of suction float elements, each said suction float element including an exterior shell (120) containing a buoyant foam (600);
Said exterior shell (120) including a top wall section, an opposite bottom wall section and a peripheral side wall section that interconnects said top and bottom wall sections (Figure 1);
Said side wall section including a plurality of elongate vertical recesses (262, 264, 302, 304, 242, 244, 282, 284) that extend between said top and bottom wall sections;
Said bottom wall section including a plurality of concave peripheral openings (Figure 1) that correspond to and communicate with lower ends of respective said vertical recesses (262, 264, 302, 304, 242, 244, 282, 284) in said side wall sections;
Said top wall section covering upper ends of said vertical recesses (262, 264, 302, 304, 242, 244, 282, 284) and including a plurality of slots (218, 220, 226, 228, 214, 216, 222, 224) that respectively correspond to and communicate with said upper ends of said vertical recesses, each said slot for receiving a respective connector to secure said float element to depend from said side beams (Column 4, Lines 17-21: “Connections to the device may be done with a simple bolt connection using the front right edge slot 214, front left edge slot 216, left front edge slot 218, left back edge slot 220, back left edge slot 222, back right edge slot 224, right back edge slot 226, and right front edge slot 228”).
However, Hendren is silent about an elongate frame including a parallel, spaced apart pair of longitudinal side beams, which extend horizontally for supporting a walking surface thereon between said side beams; and the plurality of suction float elements connected to and depending from both of said longitudinal side beams and spaced longitudinally apart from each other at selected non-contiguous intervals along said side beams. Hallsten discloses an elongate frame including a parallel, spaced apart pair of longitudinal side beams (15), which extend horizontally for supporting a walking surface thereon between said side beams; and a plurality of float elements (22) connected to and depending from both of said longitudinal side beams (15) and spaced longitudinally apart from each other at selected non-contiguous intervals along said side beam (Figure 6). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide an elongate frame including a parallel, spaced apart pair of longitudinal side beams, which extend horizontally for supporting a walking surface thereon between said side beams; and the plurality of suction float elements connected to and depending from both of said longitudinal side beams and spaced longitudinally apart from each other at selected non-contiguous intervals along said side beams. The motivation would have been to increase the utility of the device by allowing it to assist in floating docks.
Furthermore, Hendren as modified (See above paragraph) is silent about said bottom wall section further including a plurality of suction pockets that are attached to and extend vertically upwardly from said bottom wall section and terminate intermediate said bottom and top wall sections; whereby applying a load to the dock, walkway or platform immerses said float in the underlying body of water to produce a suction within said suction pockets, which adheres said float element more forcefully to the underlying body of water. Gruhn discloses a bottom wall section (Bottom of 11) including a plurality of suction pockets (35, 36) that are attached to and extend vertically upwardly from said bottom wall section and terminate intermediate said bottom and top wall sections (Figure 6); whereby applying a load to the dock, walkway or platform (Figure 1) immerses said float in the underlying body of water to produce a suction within said suction pockets (35, 36), which adheres said float element more forcefully to the underlying body of water. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide the bottom wall section with a plurality of suction pockets that are attached to and extend vertically upwardly from said bottom wall section and terminate intermediate said bottom and top wall sections; whereby applying a load to the dock, walkway or platform immerses said float in the underlying body of water to produce a suction within said suction pockets, which adheres said float element more forcefully to the underlying body of water. The motivation would have been to increase the structural strength of the dock sections (Gruhn: Column 3, Line 18).
As to Claim 13, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Hendren as modified also teaches in which each of said top wall section and said bottom wall section includes four perpendicularly interconnected side edges (Hendren: Figure 1) and wherein said side wall sections includes four perpendicularly interconnected side wall sections (Hendren: Figure 1).
As to Claim 14, Hendren as modified teaches the invention of Claim 13 (Refer to Claim 13 discussion). Hendren as modified also teaches in which said top wall section has a length and width that are respectively greater than a length and width of said bottom wall section (Hendren: Figures 3-5) such that each said side wall section has a narrowing taper extending from said top wall section to said bottom wall section.
As to Claim 17, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Hendren as modified also teaches in which each said recess (Hendren: 262, 264, 302, 304, 242, 244, 282, 284) has a semicylindrical shape and each said opening in said bottom wall section has a semicircular shape that matches said semicylindrical shape of a corresponding said vertical recess (Hendren: Figure 1); said top wall section includes a plurality of semicircular peripheral regions (Hendren: Semicircular areas of the top portion on top of recesses 262, 264, 302, 304, 242, 244, 282, 284), each said semicircular peripheral region having a shape that conforms to a respective said semicylindrical vertical recess (Hendren: 262, 264, 302, 304, 242, 244, 282, 284).
As to Claim 18, Hendren as modified teaches the invention of Claim 17 (Refer to Claim 17 discussion). Hendren as modified also teaches in which each said slot (Hendren: 218, 220, 226, 228, 214, 216, 222, 224) in said top wall section is positioned formed radially in a respective said semicircular peripheral region and wherein each said slot intersects and extends perpendicularly inwardly from a distal linear edge of said top wall section (Hendren: Figure 1).
As to Claim 19, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Hendren as modified also teaches in which said side wall section includes a first pair of opposing elongate side wall segments (Hendren: Figures 6 and 7), each of said first pair of opposing elongate side wall segments having a respective first pair of said vertical recesses (Hendren: 242, 244, 282, 284), said side wall section further including a second pair of opposing elongate side wall segments (Hendren: Figure 7), each of said second pair of elongate side wall segments including a respective second pair of said vertical recesses (Hendren: 262, 264, 302, 304), said first pair of opposing elongate side wall segments being longer that said second pair of opposing elongate side wall segments (Hendren: Figures 6 and 7).
As to Claim 22, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Hendren as modified also teaches in which each said suction pocket includes a distal upper end that consists of a flat surface (Gruhn: Figure 6).
As to Claim 23, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Hendren as modified also teaches in which each said elongate vertical recess (Hendren: 262, 264, 302, 304, 242, 244, 282, 284) includes an entirely arcuate transverse contour.
As to Claim 24, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). Hendren as modified also teaches in which each suction float element includes an exterior plastic shell (Hendren: 120) having an interior chamber filled with a buoyant foam (Hendren: 600).
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendren (U.S. Patent No. 9,598,151) in view of Hallsten et al (U.S. Patent No. 5,845,594) and Gruhn et al (U.S. Patent No. 6,179,525); and further in view of Berquist (U.S. Patent No. 6,138,600).
As to Claim 15, Hendren as modified teaches the invention of Claim 12 (Refer to Claim 12 discussion). However, Hendren as modified is silent about in which each said suction pocket includes a parallel pair of elongate pocket sides and an opposing pair of entirely arcuate pocket ends that interconnect and extend fully between said pocket sides. Berquist discloses a suction pocket (Figure 4, 31) including a parallel pair of elongate pocket sides and an opposing pair of entirely arcuate pocket ends that interconnect and extend fully between said pocket sides. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make each suction pocket of parallel pair of elongate pocket sides and an opposing pair of entirely arcuate pocket ends that interconnect and extend fully between said pocket sides since a change in the shape of a prior art device is a design consideration within the skill of the art.
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendren (U.S. Patent No. 9,598,151) in view of Hallsten et al (U.S. Patent No. 5,845,594) and Gruhn et al (U.S. Patent No. 6,179,525); and further in view of Svirklys et al (U.S. Patent No. 4,655,156).
As to Claim 20, Hendren as modified teaches the invention of Claim 19 (Refer to Claim 19 discussion). However, Hendren as modified also teaches in which said first pair of vertical recesses are spaced farther apart from one another than said second pair of vertical recesses are spaced apart from one another for allowing said suction float element of be selectively re-oriented ninety degrees and connected to said side beams along a selected one of said first and second opposing pairs of side segments. Svirklys discloses a first pair of vertical recesses (36, 38) spaced farther apart from one another than a second pair of vertical recesses (30, 32) are spaced apart from one another. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make said first pair of vertical recesses spaced farther apart from one another than said second pair of vertical recesses are spaced apart from one another for allowing said suction float element of be selectively re-oriented ninety degrees and connected to said side beams along a selected one of said first and second opposing pairs of side segments since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
Claim 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hendren (U.S. Patent No. 9,598,151) in view of Gruhn et al (U.S. Patent No. 6,179,525); and further in view of Svirklys et al (U.S. Patent No. 4,655,156).
As to Claim 21, Hendren as modified teaches the invention of Claim 1 (Refer to Claim 1 discussion). Hendren as modified also teaches in which each said elongate side wall segment of said first pair of opposing elongate side wall segments has a respective first pair of said vertical recesses (Hendren: 242, 244, 282, 284) and each said elongate side wall segment of said second pair of opposing elongate side wall segments has a respective second pair of said vertical recesses (Hendren: 262, 264, 302, 304). However, Hendren as modified also teaches in which said first pair of vertical recesses are spaced farther apart from one another than said second pair of vertical recesses are spaced apart from one another for allowing said suction float element of be selectively re-oriented ninety degrees and connected to said side beams along a selected one of said first and second opposing pairs of side segments. Svirklys discloses a first pair of vertical recesses (36, 38) spaced farther apart from one another than a second pair of vertical recesses (30, 32) are spaced apart from one another. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to make said first pair of vertical recesses spaced farther apart from one another than said second pair of vertical recesses are spaced apart from one another for allowing said suction float element of be selectively re-oriented ninety degrees and connected to said side beams along a selected one of said first and second opposing pairs of side wall segments since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level or ordinary skill in the art.
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 EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678