DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/585,593.
Claims 1-12 are pending.
Claims 1-12 are examined.
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 .
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.
Claim 3 is 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.
Claim 3 defines the limitation “it,” which renders the claimed invention indefinite since multiple elements have been defined prior to use of such a term “it” and one of ordinary skill in the art would not know exactly what element is being referred back to. For examining purposes and in light of the specification and drawings, “it” is considered to refer to the second flange.
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.
(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.
Claim(s) 1, 2, and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kortz (U.S. Patent 3,385,183).
Regarding claim 1, Kortz discloses a decking board edge support system comprising:
a floor member (#12) having a cross-section with a floor surface portion (#20) and a leg (#34) extending from the floor surface portion towards a support surface in use (see figure 4), the floor surface portion defining a cantilevered portion (#66) with a free end (#70); and
a floor support member (#18) having a cross section with a base portion (the bottom, horizontal base portion with recess #65 of figure 4) and a first flange extending therefrom (flange #62 extends upwardly from base through the material of the flange that extends from overhang #65 of the base portion);
wherein the floor support member is arranged between the floor surface portion and an underlying substrate in use (see figure 4, where the floor supported member comprises a connection element #76 that is positioned between the floor surface portion #20 and the underlying substrate which the two elements are supported upon), such that the first flange supports the floor surface portion between the leg and the free end (see figure 4, where the first flange can be slid to the left so as to contact the end #70 of the floor surface portion and prevent removal therefrom and provide both lateral and vertical support to such a cantilevered end).
Regarding claim 2, Kortz discloses the cross-section of the floor support member further comprises a second flange (the left, vertical flange that extends upwardly from the base of the support member) extending from the base portion such that the floor support member is concave (see figure 4, where the left end of the floor support member is concave to form a recess #40); wherein in use, the second flange is positioned adjacent the leg of the floor member (see figure 4, where the second flange can be considered positioned adjacent the leg of the floor member, such as compared to outer end #70 of the support member #18 which is further away from such a leg than the second flange).
Regarding claim 8, Kortz discloses the floor member comprises a foot (#68) extending from an end of the leg distal to the floor surface portion (see figure 4); and the base portion defines an overhang (#65) distal to the first flange (see figure 4, where the overhang #65 is positioned on a bottom of and distal from the first flange #62, where the base portion can be considered to comprise of the vertical stem below flange #62 so that the overhang #65 is distal to the flange #62 relative to such a vertical stem of the base portion); wherein the foot is received in the overhang in use (see figure 4).
Regarding claim 9, Kortz discloses a decking board edge support member (#18) comprising a cross section having:
a base portion (the bottom horizontal portion of figure 4);
a first flange (the left, vertical leg of figure 4 can be considered the first flange extending from the horizontal base portion) extending from a first end of the base portion (see figure 4);
a second flange (#62) extending from a second end of the base portion (see figure 4); and
a receiving formation (#70) defined on the first flange (see figure 4), the receiving formation configured to receive the second flange of an identical, adjacent support member (see figure 4, where the support member comprises the same connection members as the floor members #12 adjacent thereto and thus would be able to connect to adjacent support members as well).
Regarding claim 10, Kortz discloses the receiving formation is a downwardly facing hook formation (#70; see figure 4).
Regarding claim 11, Kortz discloses the second flange does not extend as far from the base portion than the first flange (see figure 4, where the second flange #62 stops short of the horizontal surface #74 which the first flange extends to).
Regarding claim 12, Kortz discloses a decking board edge support member (#18) comprising a cross section having:
a base portion (the bottom horizontal portion of figure 4);
a first flange (#62) extending from a first end of the base portion (see figure 4); and
a second flange (the left, vertical leg of figure 4 can be considered the second flange extending from the horizontal base portion) extending from a second end of the base portion (see figure 4), the second flange being angled inwardly towards the first flange (see figure 4) such that in use, fastening of the second flange to a vertical member acts to rotate the first flange into engagement with an underside of a flooring member (such an angle of the second flange configures the assembly so that if a fastener were to extend through the second flange and attach it to a vertical surface, such a connection would rotate the assembly upwards, and thus the first flange, into a hypothetical engagement with an underside of a flooring member, where such a positioning and movement is not positively defined).
Claim(s) 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolfsteiner (DE 102019112177).
Regarding claim 1, Wolfsteiner discloses a decking board edge support system comprising:
a floor member (the right panel #103 of figure 1) having a cross-section with a floor surface portion (#106) and a leg (#127) extending from the floor surface portion towards a support surface in use (see figures 1 and 2, where the leg #127 is angled in a manner such that it extends along a line that intersects the support surface #163), the floor surface portion defining a cantilevered portion (#124) with a free end (the left end of portion #124 of figure 2); and
a floor support member (the left panel #103 of figure 1) having a cross section with a base portion (the base portion formed by elements #109, #148, and #115) and a first flange (#136) extending therefrom (see figure 2);
wherein the floor support member is arranged between the floor surface portion and an underlying substrate in use (see figure 2, where the floor supported member is positioned between the floor surface portion and the underlying substrate which the two elements are supported upon), such that the first flange supports the floor surface portion between the leg and the free end (see figure 2, where the first flange #136 supports the floor surface portion #124 between the leg and the outermost free end).
Regarding claim 2, Wolfsteiner discloses the cross-section of the floor support member further comprises a second flange (#142) extending from the base portion such that the floor support member is concave (see figure 2, where the first and second flanges and element #115 of the base form a concave portion #169 of the support member); wherein in use, the second flange is positioned adjacent the leg of the floor member (see figure 2, where the second flange abuts the leg and thus is adjacent thereto).
Regarding claim 3, Wolfsteiner discloses the second flange is provided at an angle to the base portion (see figure 1, where the second flange extends at substantially a right angle relative to base portion #115) such that it is angled away from the leg in use (see figure 2, where the second flange #142 is bent and is to further bend away from the leg #127 in use), such that fastening of the second flange against the leg causes a rotation of the floor support member to urge the first flange into contact with the floor member (Such limitations define product by process limitations, which the assembly is configured to do in order to assemble such elements to one another. One of ordinary skill in the art is capable of providing the floor member first and inserting the first and second flange under the cantilevered portion so as to rotate the support member, as thus the first flange, into contact and support with the cantilevered portion. Alternatively, a fastener could extend through the second flange #142 and the leg #127 and the rest of the assembly into the substrate #163 and thus rotate the elements of the floor support member and urge the first flange into contact with the floor member.).
Claim(s) 1, 2, 4-7, and 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Voorhees (U.S. Publication 2024/0247499, using the provisional application priority date of 01/24/2023 as the 102(a)(2) filing date).
Regarding claim 1, Voorhees discloses a decking board edge support system comprising:
a floor member (#300) having a cross-section with a floor surface portion (#304) and a leg (#302) extending from the floor surface portion towards a support surface in use (see figures 5 and 6), the floor surface portion defining a cantilevered portion (#306/310) with a free end (the outer free end of such a portion extending away from the leg #302); and
a floor support member (#100) having a cross section with a base portion (#142) and a first flange (#124) extending therefrom (see figure 1);
wherein the floor support member is arranged between the floor surface portion and an underlying substrate in use (see figures 6 and 5), such that the first flange supports the floor surface portion between the leg and the free end (see figures 6 and 5).
Regarding claim 2, Voorhees discloses the cross-section of the floor support member further comprises a second flange (#126) extending from the base portion such that the floor support member is concave (see figure 1, where the first and second flanges along with the base form a U-shaped concave support member); wherein in use, the second flange is positioned adjacent the leg of the floor member (see figure 5, where the second flange is considered positioned adjacent to and closer to the leg than the first flange).
Regarding claim 4, Voorhees discloses the first flange comprises a free end (the top end of the flange #124 of figure 1) having at least one tab (the bottom, horizontal tab used to form groove #140 of figure 1) extending normal to the first flange (see figure 1).
Regarding claim 5, Voorhees discloses the first flange defines a formation (such a formation can be considered to comprise of the C-shaped section of the first leg formed by elements #114, #102 and #108) for receiving a second flange (#126) of a further identical support member positioned adjacent thereto (see figure 5).
Regarding claim 6, Voorhees discloses the formation is a downwardly facing hook formation (as depicted in figure 5, the assembly can be oriented so that the formation is downwardly facing to receive the upwardly extending second flange).
Regarding claim 7, Voorhees discloses the second flange does not extend as far from the base portion than the first flange (see figures 1 and 5, where the second flange does not extend as high as the top surface #102 of the first flange).
Regarding claim 9, Voorhees discloses a decking board edge support member (#100) comprising a cross section having:
a base portion (#142);
a first flange (#124) extending from a first end of the base portion (see figure 1);
a second flange (#126) extending from a second end of the base portion (see figure 1); and
a receiving formation (such a formation can be considered to comprise of the C-shaped section of the first leg formed by elements #114, #102 and #108) defined on the first flange (see figure 1), the receiving formation configured to receive the second flange of an identical, adjacent support member (see figure 5, where the second flange can be received within the formation as explained above).
Regarding claim 10, Voorhees discloses the receiving formation is a downwardly facing hook formation (the c-shaped hook formation with outer hook projection #108 as depicted in figures 1 and 5).
Regarding claim 11, Voorhees discloses the second flange does not extend as far from the base portion than the first flange (see figure 5, where the second flange #126 stops short of the top horizontal surface #102 which the first flange extends to).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635