DETAILED ACTION
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
Claims 1-4 are pending.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torrents Comas (US 2019/0169863) in view of Bordin (US 2021/0071432).
Re claim 1, Torrents Comas discloses a wedge (W) for a levelling piece in installation of cladding plates ([0002]), the wedge (W) comprising a seating plane (F2) and an inclined work plane (F1) with respect to the seating plane (F2),
wherein the work plane (F1) comprises two slopes (A1, A2) with different inclinations (Fig. 1), defining an angular arrangement (Fig. 1) or gable shape, and
wherein each slope (of A1, of A2) of the work plane (F1) has a plurality of protrusions (t1, t2) generating two toothed rows (Fig. 1), each toothed row (Fig. 1) being arranged on a slope (Fig. 1) of the work plane (F1) such that each pair of adjacent protrusions (of t1 and of t2) is arranged on a slope (Fig. 1) of the work plane (12) to form a continuous ridge (between A1 and A2),
but fails to disclose a continuous raised ridge.
However, Bordin discloses a continuous raised ridge (40).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the wedge of Torrents Comas with a continuous raised ridge as disclosed by Bordin in order to facilitate alignment with a slotted member such as 12.
Re claim 2, Torrents Comas as modified discloses the wedge according to claim 1, wherein each protrusion (of t1 and of t2) has a beveled surface (Fig. 4, top surface thereof).
Re claim 3, Torrents Comas as modified discloses the wedge according to claim 1, further comprising a groove (Fig. 7 V) at one end (top of F1) of the work plane (F1) with a greater height (Fig. 7) than an opposite end (bottom of F1) of the work plane (F1).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torrents Comas (US 2019/0169863) in view of Bordin (US 2021/0071432) and Sweeney et al (“Sweeney”) (US 4,688,363).
Re claim 4, Torrents Comas as modified discloses the wedge according to claim 1, but fails to disclose further comprising struts at side surfaces of the wedge.
However, Sweeney discloses further comprising struts (30) at side surfaces (sides of 10) of the wedge (10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the wedge of Torrents Comas further comprising struts at side surfaces of the wedge as disclosed by Sweeney in order to increase stability and rigidity especially at the sides of the wedge.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torrents Comas (US 2019/0169863) in view of Troxell (US 2020/0347617).
Re claim 5, Torrents Comas discloses a wedge (W) for a levelling piece in installation of cladding plates ([0002]), comprising:
a seating plane (F2) and an inclined work plane (F1) with respect to the seating plane (F2),
wherein the work plane (F1) comprises two slopes (A1, A2) with different inclinations (Fig. 1), defining an angular arrangement (Fig. 1) or gable shape, and
wherein each slope (of A1, of A2) of the work plane (F1) has a plurality of protrusions (t1, t2) generating two toothed rows (Fig. 1), each toothed row (Fig. 1) being arranged on a slope (Fig. 1) of the work plane (F1) such that each pair of adjacent protrusions (of t1 and of t2) is connected to form a continuous ridge (between A1 and A2) on the work plane (12),
but fails to disclose each pair of adjacent protrusions is connected to each other.
However, Troxell discloses each pair of adjacent protrusions (Torrents Comas: t1, t2) is connected to each other (Fig. 1 39; Fig. 1 shows 39 extending the entire width of the wedge and as such, modification of Torrents Comas with 39 shown extending the entire width would result in t1/t2 of Torrents Comas also extending the entire width, and being interconnected to each other).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the wedge of Torrents Comas with each pair of adjacent protrusions is connected to each other as disclosed by Troxell in order to cover the entire inclined surface with the ribs facilitating stronger interlocking with a leveling device.
Response to Arguments
Claim Rejections 35 USC 102 and/or 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant argues the amended language of claim 1. This language is addressed in view of Bordin above.
Applicant’s arguments concerning claim 5 are addressed in view of Troxell above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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