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 .
Election/Restrictions
Applicant’s election of Group II, Claims 6-20 in the reply filed on 11/4/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 1-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/4/25.
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.
(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.
Claims 12-16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by Chu (US 4810551 A).
Chu teaches a side pressure plate comprising a first layer plate and a third layer plate (4) (e.g., longitudinal layers), and a second layer plate (5) (e.g., lateral layer) provided between said first layer plate and said third layer plate; and wherein said second layer plate comprises a plurality of first strips (2) (e.g., bamboo strips), said first strips having at least one first cutting surface and at least one first long side surface, said first cutting surface of said plurality of said first strips being bonded (3) (e.g., adhesives) to each other to form said second layer plate; and said first layer plate and said third layer plate both comprise a plurality of second strips (1) (e.g., bamboo strips), said second strips having at least one second cutting surface and at least one second long side surface, said second long side surfaces of said plurality of said second strips being bonded (3) (e.g., adhesives) to each other to form said first layer plate and said third layer plate; wherein the thickness of said first strips is greater than the thickness of said second strips (e.g., figs 1 & 3); wherein said first strips and said second strips both have a rectangular structure; wherein said first strip has a first width dimension and a first length dimension, said first width dimension being divisible by said first length dimension; wherein said second strip has a second width dimension and a second length dimension, said second width dimension being divisible by said second length dimension; and wherein the direction of said first strip is transverse to the direction of said second strip (entire document; figs 1-3).
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.
Claims 6-10 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chu (US 4810551 A).
Chu teaches a side pressure plate (e.g., bamboo board) comprising a first layer plate and a third layer plate (4) (e.g., longitudinal layers), and a second layer plate (5) (e.g., lateral layer) provided between said first layer plate and said third layer plate; and wherein said first layer plate, said second layer plate and said third layer plate all comprise a plurality of plates (1 & 2) (e.g., bamboo strips); and said plates has at least one cutting surface, and said cutting surface of a plurality of said plates are bonded (3) (e.g., adhesives) to each other to form said second layer plate; and said plates further comprises at least one long side surface, and said long side surface of a plurality of said plates are bonded to each other to form said first layer plate and said third layer plate; wherein said square plate has a rectangular structure; wherein said square plate has a width dimension and a length dimension, said width dimension being divisible by said length dimension; wherein the direction of said square plate of said second layer plate is transverse to the direction of said square plate of said first layer plate and said third layer plate (entire document; figs 1-3).
Regarding the plates (e.g., strips) being square plates, Chu teaches the longitudinal bamboo strips are bamboo strips cut lengthwise uniformly from bamboo tree trunks; and the cross-section of these strips can be rectangular, trapezoidal, triangular or of any other shape necessitated by the presence of the annular rings in the bamboo trunk. This would have allowed one of ordinary skill in the art at the time of invention to at once envisage the species of a square cross-section (i.e., square plate); or would have otherwise rendered obvious to one of ordinary skill in the art at the time of invention the species of a square cross-section (i.e., square plate). Furthermore, changes in shape are prima facie obvious (MPEP § 2144.04 IV B).
Claim 17 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chu.
Chu teaches said first width dimension is divisible by said second length dimension, and said second width dimension is divisible by said first length dimension, i.e., this is inherent in the strips existing and therein having width and length dimensions (figs 1-3).
Chu fails to expressly suggest wherein said first width dimension is greater than said second width dimension.
However, Chu teaches the lateral bamboo strips (i.e., first strips with first width dimension) are bamboo strips obtained by the same method as the longitudinal bamboo strips (i.e., second strips width second width dimension), but their lengths, shapes, and sizes need not necessarily be the same. This would have allowed one of ordinary skill in the art at the time of invention to at once envisage the species of the size (i.e., width or cross-section) of the strips wherein said first width dimension is greater than said second width dimension; or would have otherwise rendered obvious to one of ordinary skill in the art at the time of invention the species of the size of the strips wherein said first width dimension is greater than said second width dimension. Furthermore, changes in shape are prima facie obvious (MPEP § 2144.04 IV B).
Claims 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chu as applied to claims 6 and 13 above, and further in view of Xie et al (CN 109648658 A).
Chu teaches the side pressure plates (e.g., bamboo boards) according to claims 6 and 13. Chu further teaches the strips (i.e., plates) and/or layers are held together using adhesives (abstract).
Chu fails to suggest said adhesive being made of an organic polymer compound.
Xie teaches bamboo-wood composite plywood wherein its layers are glued together using anhydride epoxy (i.e., an organic polymer compound).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to substitute the anhydride epoxy of Xie for the glue of Chu, since substituting known equivalents for the same purpose as recognized in prior art is prima facie obvious (MPEP § 2144.06 II); and, since it is prima facie obvious to select a known material based on its suitability for its intended use (MPEP § 2144.07).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sullivan (US 2009/0308528 A1) is drawn to multilayered bamboo articles (abstract); and Fanselow is drawn to plate elements comprising bamboo (page 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L VAN SELL whose telephone number is (571)270-5152. The examiner can normally be reached Mon-Thur, Generally 7am-6pm.
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NATHAN VAN SELL
Primary Examiner
Art Unit 1783
/NATHAN L VAN SELL/ Primary Examiner, Art Unit 1783