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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, 9 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Guevara et al (12006704).
Guevara et al figures 2-3, shows a casing bead, the casing bead comprising: a base panel(40) that, with the casing bead mounted at a vertical wall structure (figure 3), is disposed along the vertical wall structure, a stop bead wall (30) extending from an edge region of the base panel, wherein the stop bead wall comprises a first side facing the base panel, a second side opposite the first side, and a flange (80) extending from the first side of the stop bead wall and at least partially over the base panel; a flexible spacing element(180) disposed at the second side of the stop bead wall; wherein the flexible spacing element comprises a surface(the surface next to and upper to 200) spaced from the second side of the stop bead wall by a pair of side walls(the wall portions at the top and bottom of 180) of the flexible spacing element; an adhesive element(250, caulk) disposed at the surface of the flexible spacing element; wherein, with the casing bead mounted at the vertical wall structure, the adhesive element engages a structure adjacent to the vertical wall structure to adhesively attach the casing bead at the structure; wherein, with the casing bead attached at the structure, the flexible spacing element is disposed between the stop bead wall and the structure; and wherein, with the casing bead attached at the structure and in response to an
expansion of the structure, the flexible spacing element is compressed toward the stop
bead wall(30).
Per claim 2, Guevara et al further shows a fin(200) extends from the surface of the flexible spacing element and adjacent to the adhesive element so that, with the casing bead attached at the structure, the adhesive element engages the structure and is disposed between the vertical wall structure and the fin.
Per claim 3, Guevara et al further shows the flange comprises a biasing portion(the vertical part of 80 in figure 2) at an end of the flange distal from the stop bead wall and extending from the flange toward the base panel, and wherein the biasing portion, when a rigid wall surface material is disposed between the flange and the base panel, engages the rigid wall surface material and biases the rigid wall surface material toward the base panel to retain the rigid wall surface material at the casing bead(able to function as claimed pending the structure of the rigid wall).
Per claim 5, Guevara et al further shows the flange(80) extends from a distal end of the stop bead wall distal from the base panel.
Per claim 6, Guevara et al further shows the flexible spacing element comprises one selected from the group consisting of (i) a flexible vinyl material, (ii) a stiff vinyl material, (iii), a rubber material(col 2 line 55), (iv) a foam material and (v) a flexible metallic material.
Per claim 9, Guevara et al further shows the surface of the flexible spacing element comprises at least one selected from the group consisting of (i) a concave surface, (ii) a convex surface and (iii) a flat surface.
Claim(s) 14-20 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Balzer et al (4184298).
Per claim 14, Balzer et al figure 1-6, shows a casing joint, the casing joint comprising: a first base panel(19/128 left) that, with the casing joint mounted at a vertical wall structure, is disposed along a first portion of the vertical wall structure; a second base panel (19/128 right) that, with the casing joint mounted at the vertical wall structure, is disposed along a second portion of the vertical wall structure adjacent the first portion; a first stop bead wall(12, see also figure 6) extending from an edge region of the first base panel, wherein the first stop bead wall comprises a first side facing the first base panel, a second side opposite the first side, and a flange (10/127 left) extending from the first side of the first stop bead wall and at least partially over the first base panel; a second stop bead wall extending from an edge region of the second base panel, wherein the second stop bead wall comprises a first side facing the second base panel, a second side opposite the first side and a flange(10/127 right) extending from the first side of the second stop bead wall and at least partially over the second base panel; a flexible spacing element(27) disposed between the second side of the first stop bead wall and the second side of the second stop bead wall, wherein the first stop bead wall and the second stop bead wall are spaced from one another by the flexible spacing element; wherein, with the casing joint mounted at the vertical wall structure, the first base panel and the first stop bead wall receive a surface material of the first portion of the vertical wall structure and the second base panel and the second stop bead wall receive a surface material of the second portion of the vertical wall structure; and wherein, with the casing joint mounted at the vertical wall structure and in response to an expansion of the surface material of the first portion of the vertical wall structure and the surface material of the second portion of the vertical wall structure, the flexible spacing element is compressed between the first stop bead wall and the second stop bead wall.
Per claim 15, Balzer et al further shows an adhesive element(135; the grout can bond/adhere to elements thereabout) is disposed at least al one of (i) a side of the first base panel that, with the casing joint mounted at the vertical wall structure, faces the first portion of the vertical wall structure and (ii) a side of the second base panel that, with the casing joint mounted at the vertical wall structure, faces the second portion of the vertical wall structure, and wherein the adhesive element, with the casing joint mounted at the vertical wall structure, engages the vertical wall structure to adhesively attach the casing joint at the vertical wall structure.
Per claims 16-18, Balzer et al further shows the flexible spacing element comprises a pair of side walls extending between the second side of the first stop bead wall and the second side of the second stop bead wall, wherein the flexible spacing element comprises a surface(figure 2, the surface between 29 and 50) extending between respective ends of the pair of side walls and adjacent one of the second side of the first stop bead wall and the second side of the second stop bead wall, wherein, when the flexible spacing element is compressed between the first stop bead wall and the second stop bead wall, the flexible spacing element flexes(able to function as claimed as it is elastic) toward the other one of the second side of the first stop bead wall and the second side of the second stop bead wall.
Per claim 19, Balzer et al further shows the surface of the flexible spacing element comprises at least one selected from the group consisting of (i) a concave surface, (ii) a convex surface and (iii) a flat surface.
Per claim 20, Balzer et al further shows a fin(38. 37) extends from the surface of the flexible spacing element and between the surface of the flexible spacing element and the one of the second side of the first stop bead wall and the second side of the second stop bead wall.
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, 3-4, 12-13 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Maziarz (11091921) in view of Webb(2004/0020143).
Maziarz figures 9b-9d, shows a casing bead, the casing bead comprising: a base panel(912) that, with the casing bead mounted at a vertical wall structure, is
disposed along the vertical wall structure, a stop bead(916) wall extending from an edge region of the base panel, wherein the stop bead wall comprises a first side facing the base panel, a second side opposite the first side, and a flange(930) extending from the first side of the stop bead wall and at least partially over the base panel; a flexible spacing element(918) disposed at the second side of the stop bead wall; wherein the flexible spacing element comprises a surface(at 918) spaced from the second side of the stop bead wall by a pair of side walls(920) of the flexible spacing element; wherein, with the casing bead attached at the structure, the flexible spacing element is disposed between the stop bead wall and the structure; and wherein, with the casing bead attached at the structure and in response to an expansion of the structure, the flexible spacing element is compressed toward the stop bead wall.
Maziarz does not show an adhesive element disposed at the surface of the flexible spacing element; wherein, with the casing bead mounted at the vertical wall structure, the adhesive element engages a structure adjacent to the vertical wall structure to adhesively attach the casing bead at the structure.
Webb discloses the use of adhesive (6) to bond the flexible member (1) to the wall to securely mount the member to the wall.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Maziarz’s structure to show an adhesive element disposed at the surface of the flexible spacing element; wherein, with the casing bead mounted at the vertical wall structure, the adhesive element engages a structure adjacent to the vertical wall structure to adhesively attach the casing bead at the structure with a reasonable expectation of success since having adhesive connecting the outer surface of the flexible member to the wall when needed enables the secured fastening of the flexible member as taught by Webb.
Per claim 12, Maziarz as modified further shows the adhesive element comprising double sided tape disposed at the surface of the flexible spacing element (as taught by Webb).
Per claim 13, Maziarz as modified shows all the claimed limitations except for a second adhesive element is disposed at a second side of the base panel that is opposite the first side of the base panel.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Maziarz’s modified structure with a reasonable expectation of success to show a second adhesive element id disposed at a second side of the base panel that is opposite the first side of the base panel since applying an adhesive to a surface of the panel would enable the secured attachment of the base panel to another structure and examiner takes Office Notice of the well-known use of adhesive, nails, screws, fasteners….to attach two structures together.
Claim(s) 7-8 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Maziarz (11091921) in view of Webb(2004/0020143) as applied to claim 1 above and further in view of Beenders (5791111).
Maziarz as modified shows all the claimed limitations except for the first side wall comprises a first thickness and the second side wall comprises a second thickness different from the first thickness, wherein the second thickness is less than the first thickness, and wherein, when the flexible spacing element is compressed toward the stop bead wall, the spacing element flexes at the second side wall.
Beenders (figure 2) shows a flexible member having first side wall(6) comprises a first thickness and the second side wall(the wall at the bottom opposite wall 6 in figure 2) comprises a second thickness different from the first thickness, wherein the second thickness is less than the first thickness, and wherein, when the flexible spacing element is compressed toward the stop bead wall, the spacing element flexes at the second side wall.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Maziarz’s modified structure to show the first side wall comprises a first thickness and the second side wall comprises a second thickness different from the first thickness, wherein the second thickness is less than the first thickness, and wherein, when the flexible spacing element is compressed toward the stop bead wall, the spacing element flexes at the second side wall with a reasonable expectation of success since the difference in wall thickness would allow for the controlled direction of compression/expansion of the flexible member as taught by Beenders.
Claim(s) 21-24, 27 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Maziarz (11091921) in view of Webb(2004/0020143) and Guevara et al (12006704).
Maziarz figures 9b-9d, shows a casing bead, the casing bead comprising: a base panel(912) that, with the casing bead mounted at a vertical wall structure, is
disposed along the vertical wall structure, a stop bead(916) wall extending from an edge region of the base panel, wherein the stop bead wall comprises a first side facing the base panel, a second side opposite the first side, and a flange(930) extending from the first side of the stop bead wall and at least partially over the base panel; the flange comprising a biasing portion (932) at an end of the flange distal from the stop bead wall and extending from the flange toward the base panel, the biasing portion, when a rigid wall surface material is disposed between the flange and the base panel, engages the rigid wall surface material and biases the rigid wall surface material toward the base panel to retain the rigid wall surface material at the casing bead (able to function as claimed), a flexible spacing element(918) disposed at the second side of the stop bead wall; wherein the flexible spacing element comprises a surface(at 918) spaced from the second side of the stop bead wall by a pair of side walls(920) of the flexible spacing element; wherein the surface of the spacing element comprises a concave surface,
with the casing bead attached at the structure, the flexible spacing element is disposed between the stop bead wall and the structure; and wherein, with the casing bead attached at the structure and in response to an expansion of the structure, the flexible spacing element is compressed toward the stop bead wall.
Maziarz does not show the surface being convex, an adhesive element disposed at the surface of the flexible spacing element; wherein, with the casing bead mounted at the vertical wall structure, the adhesive element engages a structure adjacent to the vertical wall structure to adhesively attach the casing bead at the structure.
Maziarz further teaches that the shape of the spacing element may be rounded or chamfered, or may have a flat or curved surface shape (col. 9, lines 60-67 and col. 10, lines 1-9). Maziarz also teaches that many variations and modifications could be made (col. Lines 29-35).
Webb discloses the use of adhesive (6) to bond the flexible member (1) to the wall to securely mount the member to the wall.
Guevara et al discloses the use of a bead having a flexible member (180) with a convex surface attaching to the structure.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Maziarz’s structure to show the surface being convex as taught by Guevara et al and Maziarz’s further teaching with a reasonable expectation of success since the specific shape of the spacing element is not critical and any equivalent or similar shape could perform the same function of sealing equally well, and the convex shape is an obvious variant of concave and will perform the same function. Further, applicant has not stated that the specific shape claimed has solved any problem or is critical to the claimed device and other shapes work equally well; one having ordinary skill in the art before the effective filing date of the invention to would have found it obvious to modify Maziars’s structure to show an adhesive element disposed at the surface of the flexible spacing element with a reasonable expectation of success since having adhesive connecting the outer surface of the flexible member to the wall when needed enables the secured fastening of the flexible member as taught by Webb.
Maziars as modified shows the surface being convex, an adhesive element disposed at the surface of the flexible spacing element; wherein, with the casing bead mounted at the vertical wall structure, the adhesive element engages a structure adjacent to the vertical wall structure to adhesively attach the casing bead at the structure.
Per claim 22, Maziarz as modified shows further shows a fin(924, col 10 line 19-22, figure 9b) extending from the surface of flexible spacing element and adjacent to the adhesive element so that, with the casing bead attached at the structure, the adhesive element engages the structure and is disposed between the vertical wall structure and the fin.
Per claim 23, Maziarz as modified further shows the biasing portion comprising a U-shaped extension or a V-shaped extension at the end of the flange (figure 9a-9b).
Per claim 24, Maziarz as modified further show the flange extends from a distal end of the stop bead wall distal from the base panel.
Per claim 27, Maziarz as modified shows all the claimed limitations except for a second adhesive element is disposed at a second side of the base panel that is opposite the first side of the base panel.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Maziarz’s modified structure with a reasonable expectation of success to show a second adhesive element id disposed at a second side of the base panel that is opposite the first side of the base panel since applying an adhesive to a surface of the panel would enable the secured attachment of the base panel to another structure and examiner takes Office Notice of the well-known use of adhesive, nails, screws, fasteners….to attach two structures together.
Claim(s) 25-26 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Maziarz (11091921) in view of Webb(2004/0020143) and Guevara as applied to claim 21 above and further in view of Beenders (5791111).
Maziarz as modified shows all the claimed limitations except for the first side wall comprises a first thickness and the second side wall comprises a second thickness different from the first thickness, wherein the second thickness is less than the first thickness, and wherein, when the flexible spacing element is compressed toward the stop bead wall, the spacing element flexes at the second side wall.
Beenders (figure 2) shows a flexible member having first side wall(6) comprises a first thickness and the second side wall(the wall at the bottom opposite wall 6 in figure 2) comprises a second thickness different from the first thickness, wherein the second thickness is less than the first thickness, and wherein, when the flexible spacing element is compressed toward the stop bead wall, the spacing element flexes at the second side wall.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Maziarz’s modified structure to show the first side wall comprises a first thickness and the second side wall comprises a second thickness different from the first thickness, wherein the second thickness is less than the first thickness, and wherein, when the flexible spacing element is compressed toward the stop bead wall, the spacing element flexes at the second side wall with a reasonable expectation of success since the difference in wall thickness would allow for the controlled direction of compression/expansion of the flexible member as taught by Beenders.
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Per claims 10-11, prior art does not provide sufficient motivation to modify Maziarz or Guevara et al show a casing bead having the flexible surface of the flexible spacing element comprising a partially convex surface comprising a central convex bulb portion and first and second flat surface that extends laterally from opposing ends of the central convex bulb portion in combination with other claimed limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different casing bead structures.
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/PHI D A/ Primary Examiner, Art Unit 3633