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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the flexible sheet stretched out without creases on a flat surface of a panel and around edges thereof and draped loosely around the edges of the panel under its own weight tightly wrapping the panel with the flexible sheet (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-7, 10 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the phrase “the flexible sheet is a sheet made of rayon or silk and is stretched out without creases on a flat surface of a panel and around edges thereof, with the flexible sheet draping loosely around the edges of the panel under its own weight tightly wrapping the panel with the flexible sheet” is not supported by the original specification. The original specification does not disclose “the flexible sheet being stretched out without creases on a flat surface of a panel” or “the flexible sheet draping loosely around the edges of the panel under its own weight tightly wrapping the panel with the flexible sheet”.
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, 3-7 and 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.
Regarding claim 1, the phrase “the flexible sheet is a sheet made of rayon or silk and is stretched out without creases on a flat surface of a panel and around edges thereof, with the flexible sheet draping loosely around the edges of the panel under its own weight tightly wrapping the panel with the flexible sheet” is indefinite. It is unclear how the flexible sheet drapes loosely around the edges of the panel and also tightly wraps the panel.
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, 4, 6, 7, 10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200135060 to Barnes in view of Soimoi Rayon Fabric Marble Stone Tie-Dye Print Sewing Fabric Yard 42 Inch Wide, April4,2019,
https://www.amazon.com/Soimoi-Fabric-Marble-Tie-Dye-Sewing/dp/B07QB6JZVZ?th=1 and US 20100055660 to Hicks.
Regarding claims 1, 14 and 15, Barnes teaches assembly for displaying surfacing material such as tile, brick, wood, carpet, ceramic, vinyl, stone, wood or synthetic wood material used for floor covering, flooring, wall covering and backsplashes. The assembly comprising a tile (surfacing material sample 14 may be, for example, a brick, tile (e.g., carpet, ceramic, vinyl), stone, wood, or synthetic wood material; ¶0043), corresponding to a sample of a minor portion of the rigid cladding to be displayed and comprising of the same material and the same surface finish as the cited rigid cladding to be displayed;
the sensorial display assembly further comprises a flexible sheet (printed display 12) associated with the tile for its joint storage and/or joint display and comprising a printed graphic pattern that visually reproduces, approximately at full scale, the color and surface appearance of the rigid cladding to be displayed (¶0045), the surface of the flexible sheet being several times larger than the surface of the tile and the cladding comprising one single slab of natural stone, artificial stone, or ceramic (¶0049).
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Barnes teaches the “printed display 12 may comprise a printed paper material, a printed plastic material, or combinations thereof. In some embodiments, the printed display may be a flexible material that can be rolled or folded” (¶0049).
Barnes teaches the flexible sheet (printed display 12) is not attached to the tile. Barnes teaches “the surfacing material sample 14 may be removably attached to the printed display 12, for example with non-permanent fasteners, such as, for example and without limitation, hook and loop fasteners” (¶0051) allowing the flexible sheet and the tile to be independently positioned for an optimal display and independently inspected.
Barnes does not teach the flexible sheet comprising a sheet of rayon or silk. Barnes does not teach the flexible sheet is stretched out without creases on a flat surface of a panel and around edges thereof, with the flexible sheet draping loosely around the edges of the panel under its own weight tightly wrapping the panel with the flexible sheet”.
Soimoi teaches rayon fabric marble stone tie-dye print sewing fabric which can be stretched out enabling the flexible sheet rayon fabric to reproduce the tridimensional appearance of a rigid cladding including the appearance of a thickness and/or of a front side thereof. Soimoi also teaches the fabric can be made of silk.
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Hicks teaches a surface simulation sheets (108) are made of paper or thin plastic on which a simulation of a corresponding decorative surface material has been printed. The sheets are shown in the figures (1C-D) as being draped over the countertop 100. The surface simulation sheet has a visual appearance that simulates the appearance of one of the following: a linoleum countertop; a tile countertop; a metal countertop a natural stone countertop; a solid surface countertop; a renewable resource countertop; a carpet; a finished hardwood floor; a finished bamboo floor; a finished wooden floor; linoleum floor tiles; ceramic floor tiles; a finished wooden cabinet; wallpaper; and a painted wall.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the flexible material of the printed display taught by Barnes of rayon or silk fabric as taught by Soimoi with a reasonable expectation of success to provide a light weight, flexible and reusable material which can be rolled or folded for storage.
The selection of a known material based upon its suitability for the intended use is a design consideration within the skill of the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct printed display 12 of the display taught by Barnes draped over a panel or surface as taught by Hicks with a reasonable expectation of success to provide a means to cover a substantial portion of a surface to be decorated to facilitate the selection of decorative materials for construction and remodeling.
Regarding claim 3, Barnes teaches the tile (surfacing material sample 14) and the flexible sheet (printed display 12) are associated: through their integration in one single holder (rack, figures 3, 5, and 6).
Regarding claim 4, Barnes the tile (surfacing material sample 14) and the flexible sheet (printed display 12) are integrated in the one single holder through their storage in housings provided in the holder and/or through their permanent or removable attachment to the one single holder (rack, figures 3, 5, and 6).
Regarding claim 6, Barnes teaches the tile (surfacing material sample 14) has a surface area equal to or smaller than 500cm2 (¶0052).
Regarding claim 7, Barnes the flexible sheet (12) has a surface area at least ten times, or preferably at least twenty times, larger than the surface area of the tile (14) (¶0053).
Regarding claim 10, Barnes the flexible sheet (12) reproduces the entire, or at least a major portion of, the slab surface (surfacing material 14). ¶0048.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200135060 to Barnes in view of Soimoi Rayon Fabric Marble Stone Tie-Dye Print Sewing Fabric and US 20100055660 to Hicks as applied to claims 3 and 4 above, and in further view of US 20130280680 to Bender.
Barnes teaches the printed display 12 can be rolled or folded and stowed without interference of the surfacing material sample 14 (¶0051). Barnes does not teach the flexible sheet integrated/stored into a holder.
Bender teaches a kit of pre-construction samples for replacing construction products comprising flexible sheet (five pre-construction wood-flooring samples 15a, 15b, 15c, 15d, and 15e. The pre-construction wood-flooring samples 15 are preferably a large scale print having a size greater than roughly 18 inches in length and roughly 18 inches in width, ¶0045). The flexible sheet (wood-flooring samples 15a, 15b, 15c, 15d, and 15e) can be rolled and placed within a cylindrical container (25).
Bender teaches the flexible sheet ((wood-flooring samples 15a, 15b, 15c, 15d, and 15e) is integrated into the one single holder (container 25) in a folded, pleated or rolled up position during its storage.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct the flexible sheet (printed display 12) taught by Barnes with a container adapted to receive the flexible sheet therein as taught by Bender with a reasonable expectation of success to provide a means to store the flexible sheet for transportation and/or protect from damage.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-7, 10 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding claim 1, the applicant argues claim 1 as amended makes it “clear that the flexible sheet is not suitable for being stretched out on a surface and its edges, but its effectively stretched out thereon without creases and around its edges, and therefore that the flexible sheet does not enables the flexible sheet to reproduce the tridimensional appearance of a rigid cladding, but that effectively reproduces the tridimensional appearance thereof”. The applicant further argues “neither BARNES nor SOIMOI SILK FABRIC mentions tightly wrapping the flat surface of a panel with the flexible sheet, and therefore this feature shall be considered new over BARNES nor SOIMOI SILK FABRIC”.
As stated above, Hicks is cited to show a flexible simulation sheet draped over a countertop. The flexible simulation sheet taught by Hicks has a visual appearance that simulates the appearance of one of the following: a linoleum countertop; a tile countertop; a metal countertop a natural stone countertop; a solid surface countertop; a renewable resource countertop; a carpet; a finished hardwood floor; a finished bamboo floor; a finished wooden floor; linoleum floor tiles; ceramic floor tiles; a finished wooden cabinet; wallpaper; and a painted wall.
In addition, the positive recitation of the flexible sheet in combination with the panel, as amendment, is not supported by the original specification and therefore introduces new matter into the claims. The original specification does not support the flexible sheet stretched without creases around the edges of a panel. The applicant’s specification recites “a flexible sheet also attached to a panel with information related to said stone” (page 5, line 33). It appears as if the panel (4) is merely attached to the flexible material to provide identification information (figure 3). The specification also recites “the flexible sheet can be a sheet of fabric, or of plastic, rayon or silk material, which provides a silky feel and stretches with ease without creases on a flat surface” (page 3, lines 21-24). The specification does not indicated that the “flat surface” is the same as the “panel”. However, the original specification does not specifically recite ““the flexible sheet is a sheet made of rayon or silk and is stretched out without creases on a flat surface of a panel and around edges thereof, with the flexible sheet draping loosely around the edges of the panel under its own weight tightly wrapping the panel with the flexible sheet”.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631