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 .
Acknowledgment is made of the amendment filed 11/25/25. Accordingly the application has been amended.
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.
Claim(s) 1-3,10-18,21-26 is/are rejected under 35 U.S.C. 102a1 as being anticipated by GB 2006313.
Claim 1. GB 2006313 discloses a floor cassette assembly comprising:
a structural bottom panel (2) having an upper surface and a lower surface, a plurality of spaced apart upstanding rib members (1) attached to the upper surface of said panel, wherein adjacent spaced apart rib members define a void between said adjacent spaced apart rib members (as seen in the figures), and support means (3 or alternatively the web as noted at page 1, lines 93-100) located intermediate to adjacent spaced apart rib members, the support means configured to support particulate material (sand) within the voids defined by the respective adjacent rib members at a location that is vertically spaced from the structural bottom panel.
Claim 2. A floor cassette assembly as claimed in claim 1, wherein the support means configured to support the particulate material is non-rigid support means (as noted in the disclosure where the web is draped and sags in the interpretation where the or alternatively where 3 is non-rigid in the interpretation where 3 is the support means, as noted throughout the disclosure and seen in the figures).
Claim 3. A floor cassette assembly as claimed in claim 1, wherein the support means configured to support the particulate material is resilient support means (as noted in the disclosure where the web is draped and sags in the interpretation where the or alternatively where 3 is non-rigid in the interpretation where 3 is the support means, as noted throughout the disclosure and seen in the figures).
Claim 10. A floor cassette assembly as claimed in claim 1, wherein the support means configured to support the particulate material comprises a resilient pad (as noted at page 1, lines 93-100 in the interpretation where the web is the support means or in the alternative interpretation where 3 is the support means and is a resilient pad as noted throughout the disclosure).
Claim 11. A floor cassette assembly as claimed in claim 10, wherein the resilient pad substantially fills a portion of the void intermediate to the particulate material supported thereon and the structural bottom panel (a seen in figure 1 in the interpretation where the resilient pad 3 is the support means).
Claim 12. A floor cassette assembly as claimed in claim 10, wherein the resilient pad is formed from any one or more of neoprene, mineral wool, cellulose fibre, or expanded polystyrene (as noted at page 2 lines 20-30 where it is a mineral quilt, in the alternative interpretation where 3 is the support means).
Claim 13. A floor cassette assembly as claimed in claim 1, wherein the support means for supporting the particulate material is configured to provide vibration damping (where in either alternative interpretation the support means as the web or as the resilient pad 3 is capable of providing vibration damping as noted throughout the disclosure).
Claim 14. A floor cassette assembly as claimed in claim 1, wherein the particulate material comprises any one or more of sand (6), crushed concrete, crushed glass, saw dust, or a mixture thereof (where it is sand as noted throughout the disclosure).
Claim 15. A floor cassette assembly as claimed in claim 1, wherein the particulate material is a granular particulate material (where sand is a granular particulate material).
Claim 16. A floor cassette assembly as claimed in claim 1, wherein the particulate material is contained within a bag or bags (as noted at page 2, line 34).
Claim 17. A floor cassette assembly as claimed in claim 1, further comprising a top panel (the top floor panel as noted at least at page 2, lines 12-14, 44) wherein the top panel spans across the upper ends of the rib members.
Claim 18. A floor cassette assembly as claimed in claim 17, wherein the top panel is a load-bearing panel (where it is a floor panel and therefore able to bear the load of a floor).
Claim 21. A floor cassette assembly as claimed in claim 1, further comprising one or more end panels (the end panels are 3 where the support means are the web) configured to enclose the voids defined between the rib members and the structural bottom panel.
Claim 22. A floor cassette assembly as claimed in claim 1, wherein the structural bottom panel and the rib members are of wood construction (as noted at page 2, line 47, the joists are wooden; page 2, lines 1-15 the flooring/ceiling is of wood construction).
Claim 23. A floor cassette assembly as claimed in claim 17, wherein the top panel is of wood construction (as noted at page 2, line 47, the joists are wooden; page 2, lines 1-15 the flooring/ceiling is of wood construction).
Claim 24. A floor cassette assembly as claimed in claim 17, wherein the top panel is of plasterboard construction (page 2, line 25).
Claim 25. A floor cassette assembly as claimed in claim 1, wherein the structural bottom panel is fire resistant (where it includes a metal foil or film adding further fire resistance).
Claim 26. A floor cassette assembly as claimed in claim 1, wherein the structural bottom panel further comprises a fire protective layer, coating or finish (where it includes a metal foil or film adding further fire resistance).
Response to Arguments
Applicant's arguments filed 11/25/25 have been fully considered but they are not persuasive.
Applicants argument that the structural arrangement disclosed in Fleishmann is fundamentally inverted from the claimed configuration is not persuasive. As seen in the figure of Fleishmann the structural bottom panel 2 is below the upstanding rib members 1, therefore the upper surface (the surface facing upward, or the top surface as seen in the figure) of the bottom structural panel is attached to the upstanding rib members. The upstanding rib members extend upward from the upward facing surface as seen in the figure. Accordingly applicants arguments are not persuasive.
Applicant’s argument that the claim establishes that the support means is a distinct structural element positioned at al vertical distance from the bottom panel with particulate material supported thereon is not persuasive. The claim recites “configured to support” which requires that it is capable of supporting particular material, however the claim does not require the particulate material. Further the claim recites “configured to support particulate material within the voids defined by the respective adjacent rib members at a location that is vertically spaced from the structural bottom panel”, this requires that the particulate material be vertically spaced from the structural bottom panel, but does not require that the support means is positioned at a vertical distance from the bottom panel. The support means 3 of Fleishmann is capable supporting particular material at a location that is vertically spaced from the structural bottom panel, where the particulate material is vertically spaced from the bottom panel by the thickness of the support means which is between the bottom panel and the particulate material. Additionally it is noted that the claim does not require a support means upon which particulate material rests and material that occupies the space between the support means as noted by applicant at page 6. It is unclear what distinction applicant is making. Further in the alternative interpretation the web member (as noted above) may be attached to the sides of the rib members and drape into the void between adjacent rib members (as noted in the disclosure), and therefore is configured to, and capable of supporting particulate material vertically spaced from the structural bottom panel where at least the upper sides are spaced above as a result of the “sag” or where it is capable of being attached to sag/hang vertically spaced from the structural bottom panel.
Applicant’s argument that the Office Action cannot rely on element 3 or the web to meet the support means as these are mutually exclusive configurations is not persuasive. The office action notes that the Fleishmann discloses two distinct or alternative embodiments, both distinct embodiments teach the claimed invention. The Office Action relies on each individually, in the alternative, not a combination of them. This is not an impermissible combination of two mutually exclusive alternatives, rather it explaining two alternative, independent, interpretations of embodiments of Fleishmann that both anticipate the claimed invention. The two embodiments are not combined. The Office Action does not treat the element 3 and web interchangeably as the claimed support means. The Office Action clearly indicates they are alternative embodiments with alternative interpretation that individually, anticipate the invention of claim 1. Regarding the dependent claims, it is noted that some of the dependent claims are anticipated by only one of the embodiments/interpretations of Fleishmann and these are clearly noted and explained in the rejection above to provide clarification to applicant of the alternative interpretations. Again it is noted the Office Action does not combine the alternative embodiments or interpretations.
Accordingly applicants arguments are not persuasive.
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 JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635