DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-20 are pending.
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.
Claim(s) 1-9, 11-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barlow (US 2008/0072514) in view of Collette (US 4,287,693).
Re claim 1, Barlow discloses a cover plate (Fig. 1), comprising:
a body portion (10) having a plurality of side portions (4 sides of 10) disposed along an outer perimeter (Fig. 1) of the body portion (10);
a plurality of receiving slots (14) disposed along one or more of the side portions (4 sides of 10) of the plurality of side portions (4 sides of 10), wherein each receiving slot (14) of the plurality of receiving slots (14) includes a bottom wall (bottom wall of 14) with a sidewall (3 sidewalls of 14) upwardly extending therefrom (Fig. 1);
a plurality of connecting members (22) outwardly extending from (Fig. 1) one or more of the side portions (4 sides of 10) of the plurality of side portions (4 sides of 10),
wherein the body portion (10) is a single unitary member ([0040]) having the plurality of receiving slots (14) and the plurality of connecting members (22) integrated therein (Fig. 1, [0040]),
but fails to disclose wherein each receiving slot of the plurality of receiving slots includes a front portion and a rear portion, and further wherein the rear portion of the receiving slot is wider than the front portion of the receiving slot.
However, Collette discloses wherein each receiving slot (18) of the plurality of receiving slots (18) includes a front portion (see examiner comments) and a rear portion (see examiner comments), and further wherein the rear portion (see examiner comments) of the receiving slot (18) is wider than (Fig. 5) the front portion (see examiner comments) of the receiving slot (18).
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 the cover plate of Barlow wherein each receiving slot of the plurality of receiving slots includes a front portion and a rear portion, and further wherein the rear portion of the receiving slot is wider than the front portion of the receiving slot as disclosed by Collette in order to form a firm interlocking, resisting separation of contiguous cover plates (Col 1 lines 20-23).
Re claim 2, Barlow as modified discloses the cover plate of claim 1, wherein the plurality of side portions (sides of 10) includes a front side portion (front side of 10) and a rear side portion (rear side of 10) disposed on opposite sides (Fig. 1) of the body portion (10) relative to one another (Fig. 1)
Re claim 3, Barlow as modified discloses the cover plate of claim 2, wherein the plurality of receiving slots (14) is disposed along the front side portion (front side of 10).
Re claim 4, Barlow as modified discloses the cover plate of claim 3, wherein the plurality of connecting members (14) is disposed along the rear side portion (rear of 10).
Re claim 5, Barlow as modified discloses the cover plate of claim 4, wherein the plurality of side portions (4 sides of 10) further includes a first side portion (left side of 10) and a second side portion (right side of 10) disposed on opposite sides (Fig. 1) of the body portion (10) relative to one another (Fig. 1), and further wherein the first side portion (left side of 10) and the second side portion (right side of 10) interconnect (Fig. 1) the front side portion (front of 10) and the rear side portion (rear of 10).
Re claim 6, Barlow as modified discloses the cover plate of claim 5, wherein the plurality of receiving slots (14) is further disposed along (Fig. 1) the first side portion (left side of 10).
Re claim 7, Barlow as modified discloses the cover plate of claim 6, wherein the plurality of connecting members (22) is further disposed along (Fig. 1) the second side portion right side of 10).
Re claim 8, Barlow as modified discloses the cover plate of claim 1, wherein the sidewall (side of 14) of each receiving slot (14) of the plurality of receiving slots (14) includes first and second side portions (left/right walls of 14), and further wherein the first side portion (left wall of 14) of the sidewall (left/right walls of 14) angles outwardly from (Fig. 1) a first end (one end of the sidewall) thereof to a second end thereof (the other end of one sidewall), and further wherein the second side portion (right sidewall of 14) of the sidewall angles (Fig. 1) outwardly from (Fig. 1) a first end thereof (one end of the right sidewall) to a second end thereof (another end of the right sidewall) in an opposite manner (Fig. 1) relative to the first side portion (left side wall) of the sidewall (left/right sidewalls), Collette discloses wherein the front portion (see examiner comments) of each receiving slot (18) is disposed between (Fig. 5) the first end (one end of one sidewall of 18) of the first side portion (one sidewall of 18) of the sidewall (sidewall of 18) and the first end (an end of the other sidewall of 18) of the second side portion (another sidewall of 18) of the sidewall (sidewall of 18), and further wherein the rear portion (see examiner comments) of each receiving slot (18) is disposed between (Fig. 5) the second end (the other end of one sidewall of 18) of the first side portion (one sidewall of 18) of the sidewall (sidewall of 18) and the second end (another end of the other sidewall of 18) of the second side portion (the other sidewall of 18) of the sidewall (sidewall of 18).
Re claim 9, Barlow as modified discloses the cover plate of claim 8, wherein each connecting member (22) of the plurality of connecting members (22) includes a body portion (body of 22) having first and second sidewalls (left/right sidewalls of 22) that outwardly flare (Fig. 1) from an inner portion (proximate 11) of the body portion (body of 22) of the connecting member (22) to an outer portion (outer portion of 22) of the body portion (22) of the connecting member (22).
Re claim 11, Barlow discloses a hole cover system (Fig. 1-7), comprising:
a first cover plate (10; 100 in Fig. 2) having a body portion (body of 10) with a front side portion (front of 10), a rear side portion (rear of 10), a first side portion (left 10) and a second side portion (right 10) disposed along an outer perimeter (Fig. 1) of the body portion (body of 10) of the first cover plate (10), wherein the front side portion (front of 10) and the first side portion (left 10) of the first cover plate (10) are positioned adjacent to one another (Fig. 1), wherein the front side portion (front of 10) of the first cover plate (10) includes a plurality of receiving slots (14) disposed therealong (Fig. 1), wherein each receiving slot (14) of the plurality of receiving slots (14) includes a bottom wall (bottom wall of 14) with a sidewall (3 sidewalls of 14) upwardly extending therefrom (Fig. 1) such that each receiving slot (14) of the plurality of receiving slots (14) is positioned within the body portion (of 10; of 102) of the first cover plate (10; 102);
a second cover plate (Fig. 2, 102) having a body portion (body of 102) with a front side portion (front of 102), a rear side portion (rear of 10), a first side portion (left of 102) and a second side portion (right of 102) disposed along an outer perimeter (Fig. 2) of the body portion (body of 102) of the second cover plate (102), wherein the rear side portion (rear of 10) and the second side portion (right of 102) of the second cover plate (102) are positioned adjacent to one another (Fig. 2), and further wherein the rear side portion (rear of 102) of the second cover plate (102) includes a plurality of connecting members (22) outwardly extending (Fig. 2) from an upper portion (top of 102) of the rear side portion (rear of 102) of the second cover plate (102), wherein one or more of the connecting members (22) of the plurality of connector members (22) disposed along the rear side portion (rear of 102) of the second cover plate (102) are releasably received (Fig. 3) in one or more of the receiving slots (14) of the plurality of receiving slots (14) disposed along the front side portion (side of 10; 100) of the first cover plate (10; 100),
but fails to disclose wherein each connecting member of the plurality of connecting members includes an outer portion and an inner portion, and further wherein the outer portion of each connecting member is wider than the inner portion of each connecting member.
However, Collette discloses wherein each connecting member (12) of the plurality of each connecting members (12) includes an outer portion (see examiner comments) and an inner portion (see examiner comments), and further wherein the outer portion (see examiner comments) of each connecting member (12) is wider than (Fig. 5) the inner portion (see examiner comments) of each connecting member (12).
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 the cover plate of Barlow wherein each connecting member of the plurality of connecting members includes an outer portion and an inner portion, and further wherein the outer portion of each connecting member is wider than the inner portion of each connecting member as disclosed by Collette in order to form a firm interlocking, resisting separation of contiguous cover plates (Col 1 lines 20-23).
Re claim 12, Barlow as modified discloses the hole cover system of 11, wherein the first side portion (left of 10) of the first cover plate (10) includes a plurality of receiving slots (14) disposed therealong (Fig. 1).
Re claim 13, Barlow as modified discloses the hole cover system of 12, wherein the second side portion (right of 10) of the first cover plate (10) includes a plurality of connecting members (22) disposed therealong (Fig. 1).
Re claim 14, Barlow as modified discloses the hole cover system of 13, wherein the rear side portion (rear of 10) of the first cover plate (10) includes a plurality of connecting members (22) outwardly extending therefrom (Fig. 1), and further wherein the second side portion (right of 10) of the first cover plate (10) includes a plurality of connecting members (22) outwardly extending therefrom (Fig. 1).
Re claim 15, Barlow as modified discloses the hole cover system of 14, wherein the front side portion (front of 102) of the second cover plate (102) includes a plurality of receiving slots (14) disposed therealong (Fig. 2), and further wherein the first side portion (left of 102) of the second cover plate (102) includes a plurality of receiving slots (14) disposed therealong (Fig. 2)
Re claim 16, Barlow discloses a hole cover system (Fig. 1-7), comprising: a plurality of cover plates (10; reference below made to Fig. 1, though Fig. 3-5 show numerous plates), wherein each cover plate (10) of the plurality of cover plates (10) includes a body portion (of 10) having a front side portion (front of 10), a rear side portion (rear of 10), a first side portion (left of 10) and a second side portion (right of 10) which cooperate to define an outer perimeter (Fig. 1) of the body portion (of 10), and further wherein each cover plate (10) of the plurality of cover plates (10) includes a plurality of receiving slots (14) disposed along the rear side portion (rear of 10) and a plurality of connecting members (22) outwardly extending from (Fig. 1) an upper portion (11) the front side portions (front of 10),
but fails to disclose wherein each receiving slot of the plurality of receiving slots includes a front portion that is narrower than a rear portion thereof, and further wherein each connecting member of the plurality of connecting members includes a body portion that tapers outwardly from an inner portion thereof to an outer portion thereof.
However, Collette discloses wherein each receiving slot (18) of the plurality of receiving slots (18) includes a front portion (see examiner comments) that is narrower than (Fig. 5) a rear portion (see examiner comments) thereof, further wherein each connecting member (12) of the plurality of connecting members (12) includes a body portion (body of 12) that tapers outwardly from (Fig. 5) an inner portion (see examiner comments) thereof to an outer portion (see examiner comments) thereof.
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 the cover plate of Barlow wherein each receiving slot of the plurality of receiving slots includes a front portion that is narrower than a rear portion thereof, and further wherein each connecting member of the plurality of connecting members includes a body portion that tapers outwardly from an inner portion thereof to an outer portion thereof as disclosed by Collette in order to form a firm interlocking, resisting separation of contiguous cover plates (Col 1 lines 20-23).
Re claim 17, Barlow as modified discloses the hole cover system of claim 16, wherein the plurality of cover plates (10) includes a first cover plate (Fig. 12 100), a second cover plate (102), a third cover plate (108) and a fourth cover plate (109), and further wherein each cover plate (100, 102, 108, 109) includes a plurality of receiving slots (14) disposed along the first side portion (left of 10), and further wherein each cover plate (100, 102, 108, 109) includes a plurality of connecting members (22) outwardly extending from (Fig. 1) the second side portion (right of 10).
Re claim 19, Barlow as modified discloses the hole cover system of claim 16, wherein each receiving slot (14) of the plurality of receiving slots (14) includes a sidewall (walls of 14) having first and second side portions (left/right walls of 14), and further wherein the first side portion (left wall of 14) of the sidewall (left/right walls of 14) angles outwardly from (Fig. 1) a first end (one end of the sidewall) thereof to a second end thereof (the other end of one sidewall), and further wherein the second side portion (right sidewall of 14) of the sidewall angles (Fig. 1) outwardly from (Fig. 1) a first end thereof (one end of the right sidewall) to a second end thereof (another end of the right sidewall) in an opposite manner (Fig. 1) relative to the first side portion (left side wall) of the sidewall (left/right sidewalls).
Re claim 20, Barlow as modified discloses the hole cover system of claim 19, wherein each connecting member (22) of the plurality of connecting members (22) includes a body portion (body of 22) having first and second sidewalls (left/right sidewalls of 22) that outwardly flare (Fig. 1) from an inner portion (proximate 11) of the body portion (body of 22) of the connecting member (22) to an outer portion (outer portion of 22) of the body portion (22) of the connecting member (22).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barlow (US 2008/0072514) in view of Collette (US 4,287,693) and Barlow (“Barlow 2”) (US 2018/0094442).
Re claim 10, Barlow discloses the cover plate of claim 1, but fails to disclose including: at least one mounting aperture disposed through the body portion of the cover plate.
However, Barlow 2 discloses including: at least one mounting aperture (30) disposed through the body portion (11) of the cover plate (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 the cover plate of Barlow including: at least one mounting aperture disposed through the body portion of the cover plate as disclosed by Barlow 2 in order to provide drainage ([0068]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barlow (US 2008/0072514) in view of Collette (US 4,287,693) and Wang (US 2004/0255540).
Re claim 18, Barlow discloses the hole cover system of claim 17, wherein the first cover plate (4), the second cover plate (4), the third cover plate (4) and the fourth cover plate (4) are sequentially coupled to one another (Fig. 3),
but fails to disclose a centrally disposed aperture therebetween.
However, Wang discloses a centrally disposed aperture (14) therebetween (Fig. 1).
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 the hole cover system of Barlow with a centrally disposed aperture therebetween as disclosed by Wang in order to allow for insertion of a feature for vivid visual effect ([0017]).
Examiner Comments
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Response to Arguments
Claim Rejections 35 USC 102 and/or 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive. With respect to claims 1, 11 and 16, Applicant argues the newly recited features therein, as amended. This new language is addressed in view of Collette above. Applicant’s arguments concerning the dependent claims are further addressed by the above.
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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635