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 .
Status of Claims
Applicant’s arguments filed 7/2/26 have been entered. No claims have been added, cancelled, or amended.
Claim Rejections - 35 USC § 102
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 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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fröhlich et al. (US 2018/0207695).
Regarding claims 1, 6, and 7, Fröhlich teaches an embossed piece of sheet steel (Fröhlich para 7, 8) comprising: a piece of sheet steel having a first side and an opposing second side (Fröhlich fig 2); a first plurality of indentations formed on the first side of the piece of sheet steel (Fröhlich fig 2); a second plurality of indentations formed on the opposing second side of the piece of sheet steel (Fröhlich fig 2, annotated, below); the first plurality of indentations formed in a pattern along equally spaced parallel rows and equally spaced perpendicular intersecting columns (Fröhlich fig 1), wherein the indentations of the first plurality of indentations are positioned along each row at alternating intersections with the columns and each adjacent row having the indentations at alternating intersections offset by one column (Fröhlich fig 1); and the second plurality of indentations formed in a pattern along equally spaced parallel rows and equally spaced perpendicular intersecting columns (Fröhlich fig 1), wherein the indentations of the second plurality of indentations are positioned along each row at alternating intersections with the columns intermediate the indentations of the first plurality of indentations and each adjacent row having the indentations offset by one column (Fröhlich fig 1).
Regarding claim 2, Fröhlich teaches an embossed steel sheet as above for claim 1. Fröhlich further teaches that the embossments may be a circle and thus round (Fröhlich para 9).
Regarding claims 3 and 8, Fröhlich teaches an embossed steel sheet as above for claim 1. Fröhlich further illustrates that the entire sheet may be embossed (Fröhlich fig 1).
Regarding claims 4, 5, 9, and 10, Fröhlich teaches an embossed steel sheet as above for claim 1. Fröhlich further teaches that it may be a structural floor panel, for example for a train (Fröhlich para 15).
Response to Arguments
Applicant's arguments filed 7/2/26 have been fully considered but they are not persuasive.
Applicant argues on page 7 and again on page 8 that ‘sheet steel’ is a specific composition of steel.
The Examiner respectfully disagrees. “Sheet” is a shape and “steel” would be inclusive of all steel types. Notably, Applicant’s specification does not provide a definition of “sheet steel” as specifically being ‘non-austenitic’ and therefore, broadest reasonable interpretation, and common definitions are utilized. The prior art of record teaches a sheet of steel. And thus, teaches ‘sheet steel.’
Applicant argues on page 7 and again on page 9 that the first plurality of indentions are not positioned in parallel rows with intersecting columns. For further clarification, the Examiner has attached an annotated version of Figure 1 illustrating the row and columns.
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Applicant further argues on page 7 that the indentations must be offset on each side of the sheet.
The Examiner respectfully notes this is a feature not claimed.
Applicant argues on pages 7 and 8 that because the product of Fröhlich may be coiled or rolled, it is fundamentally different than the rigid sheet of the instant application.
The Examiner acknowledges for the sake of argument that this may be true, but notes it is neither claimed nor taught in the instant application.
Applicant asserts claims 8-10 are allowable for the reasons above.
The Examiner respectfully disagrees for the reasons above.
Conclusion
THIS ACTION IS MADE FINAL. 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 LAURA B FIGG whose telephone number is (571)272-9882. The examiner can normally be reached M-Th 9a-6p Mountain.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Frank Vineis can be reached at (571) 270-1547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.B.F/Examiner, Art Unit 1781 9/5/2026
/ALICIA J WEYDEMEYER/Primary Examiner, Art Unit 1781
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