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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Phenicie et al., US 5,185,193.
Regarding claim 1:
Phenicie discloses a reversible plank (1) comprising:
an elongated body having a length, a width, and a thickness, wherein the elongated body includes a tongue-side portion running the length of the elongated body opposite a groove-side portion running the length of the elongated body, an upper side of the elongated body forming a rectangular walking surface (Fig. 1);
a first leg (9) extending downward along the length of the elongated body from the tongue-side portion, the first leg having a first end connected to a lower side of the elongated body and a second end;
a tongue (18) extending substantially perpendicularly from the first leg along the length of the first leg in a direction away from the tongue-side portion of the elongated body, an upper surface of the tongue being below a downward-facing surface of the elongated body by approximately a thickness of the walking surface and substantially parallel to the rectangular walking surface (refer to Fig. 2A); and
a second leg (7) extending downward along the length of the elongated body from the groove-side portion, the second leg having an upper end connected to a lower side of the elongated body and a lengthwise joist connection structure (5) connected to a lower end of the second leg, the joist connection structure extending along the length of the plank substantially parallel to the rectangular walking surface and being configured to receive a fastener to attach the plank to a deck joist;
a rib (13) extending upward from the joist connection structure substantially parallel to the second leg, the rib having an upper terminal end at a height substantially equal to a lower side of the elongated body; and
wherein the plank is installable in a first orientation with the rectangular walking surface facing upward to form a substantially solid finished surface, and installable in a second orientation with the rectangular walking surface facing downward such that the joist connection structure faces upward to receive a deck board. The plank is able to be installed as claimed and is configured to receive a fastener as claimed, as a fastener may be inserted through joist connection structure 5.
Regarding claims 2 and 10:
Phenicie discloses wherein the first leg is substantially perpendicular to the elongated body.
Regarding claim 3:
Phenicie discloses wherein in an installed condition a rib of an adjacent reversible planks rests on a flange of the joist connection structure support the adjacent plank.
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Regarding claim 4:
Phenicie discloses wherein an upper surface of the rib is at approximately the same distance from a top-facing surface of the joist connection structure as a bottom edge of the groove is from a lower side of the elongated body.
Regarding claim 5:
Phenicie discloses wherein the elongated body, the first leg, the second leg, the tongue, the joist connection structure, and the rib may be integrally formed by aluminum (20th paragraph specifies aluminum) extrusion.
The determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 16:
Phenicie discloses wherein the rib includes an upper terminal end (14) at a height that is substantially equal to the lower side of the elongated body.
Regarding claim 6:
Phenicie discloses wherein a majority of the joist connection structure extends away from the groove-side portion of the elongated body.
Regarding claims 7 and 18:
Phenicie discloses wherein the second leg forms a groove by including a horizontal portion (5) between a first vertical portion (7) and a second vertical portion (8), wherein the first vertical portion is connected to the lower side of the elongated body and the second vertical portion is connected to the joist connection structure (5).
Regarding claim 8:
Phenicie discloses wherein a length of the horizontal portion (5) is substantially equal to a length of the tongue (18), such that a terminal end of a separate tongue on a separate reversible plank would be substantially adjacent to a groove-side facing wall of the first vertical portion when the tongue on the separate reversible plank is installed in the groove.
Regarding claim 9:
Phenicie discloses a groove-side end cap (1, as shown in Fig. 3) comprising:
an elongated body (Refer to Fig. 3) of a groove-side end cap having a length, a width, and a thickness, wherein the elongated body includes by a tongue-side portion running the length of the elongated body opposite a finished edge running the length of the elongated body, an upper side of the elongated body forming a rectangular walking surface (the end cap has essentially the same tongue side connecting structure as the reversible plank);
a first leg extending downward along the length of the elongated body from the tongue-side portion, the first leg having a first end connected to a lower side of the elongated body and a second end;
a tongue extending substantially perpendicularly from the first leg along the length of the first leg in a direction away from the tongue-side portion of the elongated body, an upper surface of the tongue being substantially parallel to the rectangular walking surface; and
the finished edge extending downward along the length of the elongated body from a side opposite the tongue-side portion.
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Regarding claim 11:
Phenicie discloses wherein an upward facing surface of the tongue is lower than a downward facing surface of the elongated body (the internal surface of the elongated body shown above).
Regarding claim 12:
Phenicie discloses wherein the finished edge is substantially perpendicular to the elongated body.
Regarding claims 13 and 17:
Phenicie discloses wherein each of the groove-side end cap and the tongue side end cap is installable in a first orientation with the rectangular walking surface facing upward to form a substantially solid finished surface, and installable in a second orientation with the rectangular walking surface facing downward.
Regarding claim 14:
Phenicie discloses a tongue-side end cap (refer to Fig. 3) comprising:
an elongated body having a length, a width, and a thickness, wherein the elongated body includes by a finished-edge-side portion running the length of the elongated body opposite a groove-side portion running the length of the elongated body, an upper side of the elongated body forming a rectangular walking surface (the end cap has essentially the same tongue side connecting structure as the reversible plank);
a finished edge extending downward along the length of the elongated body from the finished-edge-side portion; and
a leg extending downward along the length of the elongated body from the groove-side portion, the leg having an upper end connected to a lower side of the elongated body and a joist connection structure connected to a lower end of the leg, the joist connection structure being substantially parallel to the rectangular walking surface.
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Regarding claim 15:
Phenicie discloses further comprising a rib (13) extending from the top side of the joist connection structure substantially perpendicular to the joist connection structure and substantially parallel to the second leg.
Response to Arguments
Applicant’s arguments with respect to Williams have been considered but are moot because the new ground of rejection does not rely on the Williams reference.
Applicant's arguments to Phenicie filed 2/27/26 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Phenicie does not teach of joist connection structures, the identified flange (5) in Phenicie is a joist connection structure. The joist is not positively recited by the claim. Wherein the flange structure 5 is capable of connecting to a joist, it is held that it anticipates “a joist connection structure”.
Regarding applicant’s argument that Phenicie does not specify a deck of walking surface, the structural element of Phenicie may be used as a deck or walking structure. The structure as claimed is anticipated and it is capable of being used as a deck or walking surface. Further, Phenicie does specify that the structure may be used as a floor (23rd paragraph). Additionally, the end components of Phenicie could be used in a deck or walking surface capacity.
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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633