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 because:
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Page 9, lines 23-29 states, “As shown with reference to Figs 2, 3, 5, and 6 in particular, the void forming module 100 may further include a void forming surface 130 including a first generally planar upper region 132 […]”. At least reference numeral 132 appears to be missing from Figs 2-3.
Figures 1-6 have poor line quality such that they would result in unsatisfactory reproduction characteristics. See 37 CFR 1.84(L). The lines in the figure are gray and faint. They are not black and durable, as required.
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 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 2, 3-4, 7-8, 11-14, 18, and 22 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.
Claims 2 and 4 recite structural particulars of the claimed module in relation to an “imaginary” feature. It is not clear what exactly these structural particulars require.
Claims 3 and 11 recite structural particulars of the “void forming surface” e.g. “a first generally planar upper region ,a second generally planar lower region, and a third generally concave region”. However, when considered in view of the specification, these “regions” appear identical to the ones already claimed in the parent claim 1 as belonging to the support surface. This is evidenced by the use of identical reference numeral. Claims 4, 7-8, 12-14, and 18 are rejected for depending from an indefinite claim.
Claim 22 recites “a structure including the void forming module”. It is not clear how this further limited the claim, as required by 112(d). The preamble does not clearly add any further structural requirements to the claim.
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.
Claim(s) 1-10, 12-15, 18, and 21-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gooden (US 20150284914 A1).
Regarding claim 1, Gooden teaches a void forming module, the module including a support surface (Fig 4, surface when viewed from the top) including:
a first generally planar upper region (Fig 4, upper planar region/face 51),
a second generally planar lower region (Fig 4, bottom planar region/face at bottom face of 52), and
a third generally convex region joining the first region and the second region (Fig 4, 52, convex region);
wherein at least one of the first region, the second region, and/or the third region includes at least one aperture for the passage of fluid through the void forming module (Fig 4, central opening for drainage seen through 52, through the top plane extending to the bottom).
Regarding claim 2, Gooden teaches wherein the third region of the support surface at least partially conforms to a lateral surface of an imaginary curved frustum or curved truncated cone (Fig 4, 52 could fit into a larger sized “imaginary” cone).
Regarding claim 3, Gooden teaches wherein the module further includes a void forming surface (Fig 4, surface when viewed from the bottom; please note this is consistent with applicant’s specification) including:
a first generally planar upper region (Fig 4, upper planar region/face 51),
a second generally planar lower region (Fig 4, bottom planar region/face at bottom face of 52), and
a third generally concave region joining the first region and the second region (Fig 4, 52, convex region);
wherein the module provides a void between the first region of the void forming surface and the second region of the void forming surface (Fig 4, void between 52).
Regarding claim 4, Gooden teaches wherein the third region of the void forming surface at least partially conforms to a lateral surface of an imaginary curved frustum or curved truncated cone e (Fig 4, 52 could fit into a larger sized “imaginary” cone).
Regarding claim 5, Gooden teaches wherein the second region of the support surface is generally circular (Fig 1, 4, circular surface seen).
Regarding claim 6, Gooden teaches wherein the third region of the support surface meets the first region of the support surface at a generally circular edge (Fig 4, meet at circular edge/meeting of 51 and 52).
Regarding claim 7, Gooden teaches wherein the second region of the void forming surface is generally circular (Fig 4, bottom planar region/face at bottom face of 52 is circular).
Regarding claim 8, Gooden teaches wherein the third region of the void forming surface meets the first region of the void forming surface at a generally circular edge (Fig 4, bottom planar region/face at bottom face of 52 is generally circular).
Regarding claim 9, Gooden teaches further including a strengthening formation supporting the third region of the support surface and/or the first region of the support surface (Fig 4, strengthening feature 53 at the first region).
Regarding claim 10, Gooden teaches wherein the strengthening formation is or includes a fillet, protrusion, rib, and/or fin (Fig 4, 53 is a protrusion).
Regarding claim 12, Gooden teaches wherein the second region of the support surface and the second region of the void forming surface is or includes a grid having apertures being at least one of the at least one apertures (Fig 4, note, the regions may be defined to include a plurality of legs, resulting in a plurality of apertures in a grid, one of which is the at least one aperture).
Regarding claim 13, Gooden teaches wherein the third region of the support surface and the third region of the void forming surface includes at least one aperture of the at least one apertures (Fig 4, central opening for drainage seen through 52, this includes the at least one aperture).
Regarding claim 14, Gooden teaches wherein the first region of the support surface and the first region of the void forming surface includes at least one aperture of the at least one apertures (Fig 4, central opening for drainage seen through 52, this includes the at least one aperture).
Regarding claim 15, Gooden teaches wherein the support surface further includes: a plurality of further second generally planar lower regions, and a plurality of third generally convex regions joining the first region and the further second regions (Fig 4, plurality of the structures seen, see how they are each mapped in claim 1).
Regarding claim 18, Gooden teaches wherein the void forming surface further includes: a plurality of further second generally planar lower regions, and a plurality of third generally concave regions joining the first region and the further second regions (Fig 4, plurality of the structures seen, see how they are each mapped in claim 1).
Regarding claim 21, Gooden teaches including a mating formation adapted to mate with a mating formation of another corresponding module (Fig 4, mating formation 53).
Regarding claim 22, Gooden teaches a structure including a void forming module according to any preceding claim 1 (see claim 1).
Regarding claim 23, Gooden teaches further including a permeable or impermeable subbase layer or base course layer supported by the first, second, and/or third regions of the support surface (Fig 12, layer 205, see Para 0166).
Regarding claim 24, Gooden teaches a method of preparing a structure including: providing a void forming module (see following elements), the module including a support surface including: a first generally planar upper region (Fig 4, upper planar region/face 51), a second generally planar lower region (Fig 4, bottom planar region/face at bottom face of 52), and a third generally convex region joining the first region and the second region (Fig 4, 52, convex region); wherein at least one of the first region, the second region, and/or the third region includes at least one aperture for the passage of fluid through the void forming module (Fig 4, central opening for drainage seen through 52, through the top plane extending to the bottom, see also Para 0001), and providing a permeable or impermeable subbase layer or base course on the first, second, and/or third regions of the support surface (Fig 12, layer 205, see Para 0166).
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gooden (US 20150284914 A1), in view of Canney (US 20120255624 A1).
Regarding claim 11, Gooden teaches further includes a void forming surface (Fig 4, surface when viewed from the bottom; please note this is consistent with applicant’s specification) including:
a first generally planar upper region (Fig 4, upper planar region/face 51),
a second generally planar lower region (Fig 4, bottom planar region/face at bottom face of 52), and
a third generally concave region joining the first region and the second region (Fig 4, 52, convex region); wherein the module provides a void between the first region of the void forming surface and the second region of the void forming surface (Fig 4, void between 52); and
Gooden is silent on wherein the strengthening formation extends from the second region of the void forming surface to the first region of the void forming surface.
Canney teaches a strengthening formation extends from the second region of the void forming surface to the first region of the void forming surface (Fig 20-21, feature 26).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Gooden by having the strengthening formation and its particulars as disclosed by Canney because it allows for “significantly increased stability results in particular against transverse loads and against buckling, respectively, bending” (Para 0063).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE N YAO whose telephone number is (571)272-8745. The examiner can normally be reached typically 8am-4pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TARA SCHIMPF can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE N YAO/Primary Examiner, Art Unit 3676