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 .
This non-final Office action is in response to Applicant’s patent application number 18/558,662 filed on 11/2/2023.
Currently, claims 21-40 are pending and examined.
Claims 1-20 have been cancelled.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/2/2023 is being considered by the examiner.
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 21-40 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.
Re claim 21, line 7; a citation “the form” does not have a proper antecedent basis. Correction is required. Claims 26-40 depending upon the rejected claim 25 are also rejected.
Re claim 21, line 19; a citation “the cavity” does not have a proper antecedent basis, unless the applicant meant “the grout receiving cavity”? Correction is required.
Re claim 22, line 3; a conditional phrase “when” renders the claim indefinite and confusing because "when" is language that suggests or makes optional the subsequent limitation or limitations. Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation. Clarification is required.
Re claim 25, line 2; a phrase “preferably” renders the claims indefinite and confusing because it is unclear whether the limitations following the phrase are part of the claimed invention. Clarification is required. Claims 27, 28, 36, 37, 38 and 40; having the same issues as mentioned are also rejected.
Re claim 26, line 5; a phrase “which” renders the claim indefinite and confusing because it is unclear whether “which” referring to which structure? Clarification is required.
Allowable Subject Matter
Claims 21-40 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: no prior art discloses combination structures of a floor element, including a grout-receiving cavity is formed between the first edge of the support layer of said first floor element and the support layer of said second floor element, the grout-receiving cavity being partially delimited by said upper surface of said tongue and said lower surface of said upper lip of said groove, the cavity extending to the base of the groove. Claims 22-40 depending upon the claim 21 are also allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892).
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272-6847. The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov. If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197.
/CHI Q NGUYEN/
Primary Examiner, Art Unit 3635
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