S liDETAILED 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 .
Claim Objections
Claims 1-19 are objected to because of the following informalities: Regarding claim 1, line 7, “each sideboard sections” should be changed to each of the sideboard sections. Regarding claim 1, line 9, “away” should be changed to facing away. Regarding claim 19, line 13, “away” should be changed to facing away. Appropriate correction is required.
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 7-9 and 13-14 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 7, lines 1-4, “wherein the inner sideboard panel and the outer sideboard panel further comprises: a rim portion…and a planar portion” is indefinite. It is unclear if the inner sideboard panel and the outer sideboard panel together comprise a single rim portion and a single planar portion or if the inner sideboard panel and the outer sideboard panel each comprise a rim portion and a planar portion. Clarification is required.
Regarding claim 9, lines 3-4, “wherein the at least one sideboard openings are distributed in a plurality of rows” is indefinite. “At least one sideboard opening” includes a single sideboard opening. It is unclear how a single sideboard opening can be distributed in a plurality of rows. It is unclear if more than one sideboard opening is required by the claim. Clarification is required.
Regarding claim 13, lines 1-4, “wherein the inner sideboard panel and the outer sideboard panel further comprises, at a first lateral end, a female connector, and at a second lateral end opposite to the first lateral end, a male connector” is indefinite. It is unclear if the inner sideboard panel and the outer sideboard panel together comprise a single female connector and a single male connector or if the inner sideboard panel and the outer sideboard panel each comprise a female connector and a male connector. Clarification is required.
Regarding claim 14, lines 1-3, “wherein the inner sideboard panel and the outer sideboard panel further comprises ridges on a top surface of the panel” is indefinite. It is unclear if the inner sideboard panel and the outer sideboard panel together comprise ridges or if the inner sideboard panel and the outer sideboard panel each comprise ridges. Clarification is required.
Claim 16 recites the limitation "the space created by the curve" in lines 4 and 7. There is insufficient antecedent basis for this limitation in 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.
Claims 1 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacCracken (US 3,495,415).
Regarding claim 1, MacCracken discloses an ice rink structure [R] comprising: a sideboard [18] securable to a ground surface and delimiting a rink area adjacent the sideboard [18] for receiving water such that an ice surface [4] is formed in the rink area by freezing of the water, the sideboard [18] being hollow and having a sideboard cavity (see cavity accommodating duct [1] in Figure 6) defined therein, the sideboard [18] including a plurality of sideboard sections [18] disposable side-by-side and securable together (see Figure 4), wherein each sideboard sections [18] comprises an inner sideboard panel [16] facing towards the rink area and an outer sideboard panel [23] spaced from the inner sideboard panel [16], away from the rink area, to form the sideboard cavity (see cavity accommodating duct [1] in Figure 6) therebetween, wherein at least one of the inner sideboard panels [16] comprises at least one sideboard opening [3] proximal a bottom sideboard end (see bottom of wall [16] in Figure 6) for providing fluid communication between the rink area and the sideboard cavity (see cavity accommodating duct [1] in Figure 6) to allow water from the rink area to enter the sideboard cavity (col. 3 line 75 – col. 4 line 40, col. 6 lines 4-44, and Figures 1, 4, and 6). Regarding the italicized claim language, it should be appreciated that the applicant’s functional language in the claims does not serve to impart patentability. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior apparatus teaches all the structural limitations of the claims. See MPEP 2114. Additionally, the apertures/grilles/supply openings [3] of MacCracken are capable of allowing water from the rink area to enter the sideboard cavity if the water level in the rink area rises high enough.
Regarding claim 14, MacCracken discloses the ice rink structure as claimed in claim 1, wherein the inner sideboard panel [16] and the outer sideboard panel [23] further comprises ridges (i.e., a long, narrow raised part of a surface; see top edges of wall [16] and panel [23] in Figure 6) on a top surface of the panel [16, 23], and wherein the inner sideboard panel [16] and the outer sideboard panel [23] being bendable to form a curved sideboard section (see curved corner walls of ice skating rink [R] in Figure 1) (col. 6 lines 4-24 and Figures 1 and 6).
Regarding claim 15, MacCracken discloses the ice rink structure as claimed in claim 14, further comprising a plurality of straight sideboard sections [18] and a plurality of curved sideboard sections [18] (see curved corner walls of ice skating rink [R] in Figure 1) (col. 4 lines 6-17, col. 6 lines 4-24, and Figures 1, 4, and 6).
Regarding claim 16, MacCracken discloses the ice rink structure as claimed in claim 15, wherein when a straight sideboard section [18] is adjacent to a curved sideboard section [18], a straight-to-curved connecting member [28] further connects lateral ends of the outer sideboard panels [23] together to compensate the space created by the curve, and wherein when a curved sideboard section [18] is adjacent to another curved sideboard section [18], a curved-to-curved connecting member [28] further connects the lateral ends of the outer sideboard panels [23] together to compensate the space created by the curve (col. 6 lines 4-44 and Figures 1, 4, and 6).
Regarding claim 17, MacCracken discloses the ice rink structure as claimed in claim 1, wherein the sideboard [18] is disposed in a loop (see Figure 1) and the rink area is defined within the loop (col. 3 line 75 – col. 4 line 17 and Figures 1 and 4).
Regarding claim 18, MacCracken discloses the ice rink structure as claimed in claim 1, wherein the ice rink structure [R] is an ice skating rink structure [R] (col. 3 line 75 – col. 4 line 6 and Figure 1).
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Santo (US 3,797,049).
Regarding claim 20, De Santo discloses a method for constructing an ice rink [11] using an ice rink structure, the method comprising: positioning a plurality of outer sideboard panels [41] of a plurality of sideboard sections [41, 46] (also see side elements [12, 13]) end-to-end to delimit a rink area adjacent the plurality of sideboard sections [41, 46]; deploying a liner member (col. 3 line 30: “plastic liner”) across the rink area such that a liner edge portion of the liner member (col. 3 line 30: “plastic liner”) extends over the outer sideboard panels [41]; and positioning a corresponding inner sideboard panel [46] over each one of the outer sideboard panels [41] such that the liner edge portion extends through a sideboard cavity [45] formed between the inner and outer sideboard panels [41, 46] and such that the liner edge portion is held between the inner and outer sideboard panels [41, 46] (col. 2 lines 19-64, col. 3 lines 28-28, and Figures 1, 4, and 5).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over MacCracken as applied to claim 1 above, and further in view of Chen et al. (US 2017/0122640 A1).
Regarding claims 10-11, MacCracken does not disclose a plurality of anchor members. Chen, however, teaches a similar ice rink structure [100c] comprising a sideboard [122] comprising an outer sideboard panel (see [122]), further including a plurality of anchor members [140c] securable to the sideboard [122] and configured to engage the ground surface to secure the sideboard [122] to the ground surface, wherein each of the plurality of anchor members [140c] comprises sideboard engaging projections [142c] extending upwardly from the anchor member [140c], the sideboard engaging projections [142c] being engageable in a corresponding receiving recess [130c] of the outer sideboard panels (see [122]) (paragraphs 0046-0047 and Figure 7). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure MacCracken’s rink to include a plurality of anchor members which comprise sideboard engaging projections extending upwardly from the anchor member and engageable in a corresponding receiving recess of the outer sideboard panels because Chen teaches that this configuration supports the panels and fixes the rink to the ground (paragraph 0047 and Figure 7).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over MacCracken as applied to claim 1 above, and further in view of Gastel (US 2020/0179792 A1).
Regarding claim 13, MacCracken does not disclose the inner and outer sideboard panels comprising female and male connectors. Gastel, however, teaches a similar ice rink structure comprising a plurality of sideboard panels [1], wherein the sideboard panels comprise, at a first lateral end, a female connector [27], and at a second lateral end opposite to the first lateral end, a male connector [26], wherein the male connector [26] and the female connector [27] are complementary fitting together, to engage and secure two adjacent panels [1] (paragraphs 0041, 0043, 0045, and Figures 1, 3, and 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to configure MacCracken’s inner and outer sideboard panels to be connected via complementary male and female connectors because Gastel teaches that this configuration securely interlocks ice skating rink panels to adjoin side boards (paragraph 0043).
Additional Subject Matter
Claims 7-9 are not rejected under art; however, they are rejected under 35 U.S.C. 112(b) and are therefore not allowable.
Allowable Subject Matter
Claim 19 is allowed.
Claims 2-6 and 12 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: Regarding claim 19, the combination including the liner edge portion being positionable such that it extends into the sideboard cavity in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 2, the combination including the liner edge portion extending into the sideboard cavity such that the water from the rink area entering the sideboard cavity through the at least one sideboard opening is received between the liner edge portion and the inner sideboard panel in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 5, the combination including the inner sideboard panel and the outer sideboard panel being substantially geometrically identical to each other in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 6, the combination including each of the plurality of sideboard sections being formed by complementary assembling the inner sideboard panel and the outer sideboard panel, the outer sideboard panel being vertically inverted compared to the inner sideboard panel in the invention as claimed is neither disclosed nor rendered obvious by the prior art. Regarding claim 12, the combination including a sideboard section connector to secure two consecutive sideboard sections together, wherein the sideboard section connector is securable to the inner sideboard panel of the two consecutive sideboard sections and to the anchor member in the invention as claimed is neither disclosed nor rendered obvious by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Vickery (US 3,933,002), French (US 4,022,437), and MacCracken (US 3,983,713) which all disclose similar ice rink structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUDREY B. WALTER whose telephone number is (571)270-5286. The examiner can normally be reached Monday - Friday: 8:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached at (571)272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUDREY B. WALTER/Primary Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711