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 .
Response to Amendment
The Amendment filed 12/02/2025 has been entered. Claims 1, 3-4, 10, 12 and 18 have been amended; and claims 19 and 20 have been added. Applicant’s amendment and corresponding arguments, see pages 1-3, with respect to claims 1-9 and 18 have been fully considered, but is not persuasive; see below. Applicant’s amendment and corresponding arguments, see page 4, with respect to claim 10 has been fully considered and is persuasive. The rejection of the claim has been withdrawn. Further, Applicant’s amendment to the Claims have overcome each and every 112b rejection set forth in the non-Final Office action previously mailed in on 9/08/2025.
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 12-13 and 19-20 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.
Claim 1 recites the limitation "further including a second clamp bar with an adjustable bow plated dis" in lines 1-2. However, claim 10 as amended has already established “a second clamp bar attached to a swing arm and containing an adjustable bow plate” (reference lines 16-17). Hence, it is unclear of the second clamp bar in claim 12 is referring the same second clamp bar in claim 10 or is separate therefrom (i.e. a third clamp bar).
Claims 19 and 20 recite the limitation "The device of claim 1 (10) wherein the automated bullnose system for forming bullnose configurations comprising of" in each of the claims. However, each of claims 1 and 10 relate to a device, whereas each of claims 19 and 20 appear to be claiming additional components of “an automated bullnose system”. Further, paragraph 0016 of the published application discloses said devices of claims 1 and 10 are included in the automated bullnose system. Hence, the scope of each of claims 19 and 20 cannot be ascertained.
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.
Claim(s) 1, 5, 8-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bodendorf (US 2021/0010272 A1), in view of FR1210455A (of record, herein referred to as 'Habo').
Regarding claim 1, Bodendorf teaches a device for forming bull-nose flooring (100 in Figure 1; paragraph 0002, relates to a device…with a curved feature or bull nosing), the device comprising: a frame (base 102; paragraph 0053); a forming panel (molding template 110) disposed and operatively connected to the frame (as shown in Figure 1); and a clamping device (holding device 112, 812 in Figures 1, 8) including a clamp bar disposed on the frame (clamp jaw 850 in Figure 8; paragraph 0067).
Bodendorf teaches all the elements of claim 1, but does not disclose the device forms square-nose flooring; the forming panel includes a first forming plate, a second forming plate, a third forming plate, the first forming plate is rotatably coupled to the second forming plate using a first plate joint wherein the first plate joint is disposed between the first forming plate and the second forming plate, and the second forming plate is rotatably couple to the third forming plate using a second plate joint wherein the second plate joint is disposed between the second forming plate and the third forming plate; wherein the first forming plate supports a first section of the flooring, the second forming plate supports a second section of the flooring and the third forming plate supports a third section of the flooring; nor a first actuator operatively connected to the first plate joint to rotate the first forming panel [plate] about the first plate joint to transversely rotate the first section of the flooring relative to the second section of the flooring; a second actuator operatively connected to the second plate joint to rotate the third forming panel [plate] about the second plate joint to transversely rotate the third section of the flooring relative to the second section of the flooring; and a third actuator connected to the clamp bar and moveable to clamp the flooring to the second forming plate. However, Bodendorf discloses the forming panel is configured to receive a first part and a second part of a plastic sheet to be formed into the square-nose flooring (paragraph 0068).
Habo teaches a pressing machine for forming sheets of wood into a square shape (Figures; paragraph 0001), comprising: an outer mold (2) including a plurality of pressure plates 3-7) rotatably coupled to each other by hinge surfaces (14); and an inner mold (1) (paragraph 0003). The use of a plurality of pressure plates allows articulation to each other thereby forming the sheet more efficiently. It would have been obvious for one or ordinary skill in the art to have provided the molding template (i.e., forming panel) of Bodendorf with a plurality of pressure plates, as disclosed by Habo, to more efficiently produce/shape the flooring with a shaped nose; specifically, having a square-nose. Further, as Bodendorf discloses a device for forming bull-nose flooring, one skilled in the art would benefit form and have a reasonable expectation of success in modifying said device for square-nose flooring.
Habo further discloses each of the plurality of pressure plates are moved by jacks (i.e., actuators) (20, 21 in Figure 3; paragraph 3) and a bar (22) being actuated by another jack (28 in Figure 5; paragraph 3). As Bodendorf also discloses the device can be manual operated or fully automated via electric and/or hydraulic action (paragraph 0102), it would have been obvious for one skilled in the art to have further modified Bodendorf with the teachings of Habo and provided the plurality of pressure plates and bar with actuators to automate the device. One would have been motivated to automate the device to improve efficiency thereof.
Regarding claim 5, Bodendorf, as modified by Habo, teaches all the elements of claim 1, but does not disclose the first actuator, the second actuator, and the third actuator are pneumatic actuators. However, Bodendorf, the device can be manual operated or fully automated via electric and/or hydraulic action (paragraph 0102 of Bodendorf). It would have been obvious to utilize pneumatic actuators for faster/and or cleaner operation.
Regarding claims 8 and 9, Bodendorf, as modified by Habo, teaches all the elements of claim 1, but does not disclose a clamp bar with an adjustable bow plate disposed on the frame; nor a radius plate residing on the second forming plate. However, Bodendorf teaches a pivoting assembly (108, 708 in Figures 1, 7 of Bodendorf) having a pivot weldment (2) to adjusting a rotating degree of the template (i.e., equating to adjustable bow plate or radius plate) (paragraphs 0064-0065 of Bodendorf).
Regarding claim 18, Bodendorf teaches a device for forming bull-nose flooring (100 in Figure 1; paragraph 0002, relates to a device…with a curved feature or bull nosing, the device comprising: a frame (base 102; paragraph 0053); a forming panel disposed and operatively connected to the frame (as shown in Figure 1); and a clamping device (holding device 112, 812 in Figures 1, 8) including a clamp bar disposed on the frame (clamp jaw 850 in Figure 8; paragraph 0067).
Bodendorf teaches all the elements of claim 1, but does not disclose the device forms square-nose flooring; the forming panel includes a first forming plate, a second split forming plate, a third forming plate, the first forming plate is rotatably coupled to the second split forming plate using a first plate joint wherein the first plate joint is disposed between the first forming plate and the second split forming plate, and the second split forming plate is rotatably couple to the third forming plate using a second plate joint wherein the second plate joint is disposed between the second forming plate and the third forming plate; wherein the first forming plate supports a first section of the flooring, the second split forming plate supports a second section of the flooring and the third forming plate supports a third section of the flooring; nor a first actuator operatively connected to the first forming plate joint to rotate the first forming plate about the first plate joint to transversely rotate the first section of the flooring relative to the second section of the flooring; a second actuator operatively connected to the third forming plate to rotate the third forming plate about the second plate joint to transversely rotate the third section of the flooring relative to the second section of the flooring; and a conveying system serving as a clamp bar and movable to clamp the flooring to and to extract the flooring from the second split forming plate . However, Bodendorf discloses the forming panel is configured to receive a first part and a second part of a plastic sheet to be formed into the square-nose flooring (paragraph 0068).
Habo teaches a pressing machine for forming sheets of wood into a square shape (Figures; paragraph 0001), comprising: an outer mold (2) including a plurality of pressure plates 3-7) rotatably coupled to each other by hinge surfaces (14); and an inner mold (1) (paragraph 0003). The use of a plurality of pressure plates allows articulation to each other thereby forming the sheet more efficiently. It would have been obvious for one or ordinary skill in the art to have provided the molding template (i.e., forming panel) of Bodendorf with a plurality of pressure plates, as disclosed by Habo, to more efficiently produce/shape the flooring with a shaped nose; specifically, having a square-nose. Further, as Bodendorf discloses a device for forming bull-nose flooring, one skilled in the art would benefit form and have a reasonable expectation of success in modifying said device for square-nose flooring.
Habo further discloses each of the plurality of pressure plates are moved by jacks (i.e., actuators) (20, 21 in Figure 3; paragraph 3) and a bar (22) being actuated by another jack (28 in Figure 5; paragraph 3). As Bodendorf also discloses the device can be manual operated or fully automated via electric and/or hydraulic action (paragraph 0102), it would have been obvious for one skilled in the art to have further modified Bodendorf with the teachings of Habo and provided the plurality of pressure plates and bar with actuators to automate the device. One would have been motivated to automate the device to improve efficiency thereof. It would be obvious to one of ordinary skill in the art at lease on of the actuators is movable to clamp the flooring to the second forming plate.
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Bodendorf, in view of Habo and Dipaula (US 2022/0250304 A).
Regarding claims 2 and 3, Bodendorf, as modified by Habo, teaches all the elements of claim 1, but does not disclose the clamping device comprises a plurality of swing arms and each swing arm configured to rotate about a pivot bar. However, Bodendorf does disclose the holding device (i.e., clamping device) rotates about a pivot assembly (108 in Figure 1; paragraph 0053).
Dipaula teaches a portable bending machine (10 in Figure 2) for fabrication of slip-over thread covers for stairs (paragraph 0014) comprises a frame (18); a forming base member (50 in Figure 8); a roller (i.e., pivot bar) (34); and a lever bar member (i.e., swing arm) (54), wherein the lever bar member (54) is connected to the roller (34) and the forming base member (50) to form the thread cover using a plastic composition member (28). It would have been obvious for one skilled in the art to have substituted said swing assembly of Dipaula for that of modified by Bodendorf and the results would have been obvious for one skilled in the art. One would have been motivated to utilize a swing assembly as disclosed by Dipaula for increase bending force.
Regarding claim 4, Bodendorf, as modified by Habo and Dipaula, teaches all the elements of claim [2], but does not disclose the third actuator is rotatably coupled to each swing arm of the plurality of swing arms using a third pivot member coupled to an actuator bar, wherein the third actuator is operable to rotate the plurality of swing arms relative to the forming panel to engage the clamping device with the flooring. However, Bodendorf discloses the holding device (512 in Figure 5 of Bodendorf) comprises a pivot (546) (paragraph 0062) and Habo discloses the pressure plates (6, 7 in Figure 5 of Habo) and corresponding the upper side of the inner mold (1) are pressed by the bar (22) connected to the cylinder (28). Hence, it would be obvious to one skilled in the art to provide a third pivot member coupled to an actuator bar, wherein the third actuator is operable to rotate the plurality of swing arms relative to the forming panel to engage the clamping device with the flooring.
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bodendorf, in view of Habo and Ota (JPH11129031 A; of record, translation as provided).
Regarding claims 6 and 7, Bodendorf, as modified by Habo, teaches all the elements of claim 1, but does not disclose the second forming plate comprises a first base and a second base, the first base has a first mechanical adjuster at the bottom end thereof and the second base has a second mechanical adjuster at the bottom end thereof, the first base and the second base are adapted to shorten and lengthen the width of the second forming plate accomplished via movements of the first mechanical adjuster and the second mechanical adjuster; nor a second forming plate is split such that the first base and the second base can be moved to accommodate an adjustable bow plate However, Habo discloses the pressure plate (4 in Figure 5 of Habo) corresponding to a bottom side of the inner mold (1) are pressed to the veneer sheet (16).
Ota teaches a pressing device (Figure 1; paragraphs 0015-0026) for forming a sheet by adjusting a bending shape of the sheet by moving cylinders to adjust a die width (i.e., equating to an adjustable bow plate). First and second dies make up the lower mold and are divided into multiple pairs in the longitudinal direction (paragraph 0035). Each pair can be controlled and adjusted independently of the other pairs in the width direction of the sheet material to be formed. One of ordinary skill in the art would have recognized that applying this known technique to the invention of modified Bodendorf would have yield predictable results and resulted in an improved system. One would have been motivated to provide a mechanical adjuster(s) to the forming plate of modified Bodendorf to enable customization of the width of the formed material, as disclosed by Ota.
Response to Arguments
Applicant's arguments filed 12/02/2025 have been fully considered but they are not persuasive.
With respect to claim 1, Applicant argues, see page 3, Bodendorf’s rotating template forms bull-nose profiles and lacks discrete plate joints; while Habo’s pressure plates encircle an inner mold in a batch press and do not teach independent plate rotation, adjustable split plate formations, or clamp bar stabilization.
Examiner response: With respect to Bodendorf, it is noted the combination with Habo disclose device for forming square-nose flooring with discrete plate joints. With respect to Habo, it is the teaching of a plurality of pressure plates which articulate between each other which is being combined with Bodendorf and not pressure plates which encircle a mold. Motivation to combine said references was disclose as to more efficiently produce/shape the flooring. Further, Applicant has not provided a showing how the proposed combination would alter the principles of operation. Hence, Applicant’s argument is not persuasive and the rejection is maintained
With respect to claim 2-9, Applicant contends, see pages 3-4, the prior art does not teach nor suggest the limitations; nor provides a motivation to made the relied upon combinations.
Examiner response: Each of claims 2-9 and 18 were previously addressed in the prior office action; specifically, with regards to said limitations. As Applicant has not provided a showing how the cited references fails to teach or suggest said limitation(s), Applicant's arguments are not persuasive. The rejection of the claim(s) are maintained.
Allowable Subject Matter
Claims 10-11 and 14-17 are allowed.
The following is an examiner’s statement of reasons for allowance: Claim 10 is allowable for requiring:
“…an actuator configured to rotate the rotor plate and second roller relative to the first and roller, wherein rotation of the rotor plate and second roller forms a curved portion, a first straight portion and a second straight portion in the flooring;
a second clamp bar attached to a swing arm and containing an adjustable bow plate;
said pressure source communicating with said aperture such that when said pressure source is activated, the piece of flooring that has been formed ejects into the second clamp bar or from the device without causing damage to the said piece of flooring.”
The closest prior art, Bodendorf (US 2021/0010272 A1), discloses teaches a device for forming bull-nose flooring (100 in Figure 1; paragraph 0002, relates to a device…with a curved feature or bull nosing), the device comprising: a frame (base 102; paragraph 0053); a rotor plate disposed on the frame (molding template 110), the rotor plate configured to receive a piece of flooring, and a
Another prior art, Dipaula (US 2022/0250304 A), is referenced for disclosing a portable bending machine (10 in Figure 2) for fabrication of slip-over thread covers for stairs (paragraph 0014) comprises a frame (18); a forming base member (50 in Figure 8); a roller (i.e., pivot bar) (34); and a lever bar member (i.e., swing arm) (54), wherein the lever bar member (54) is connected to the roller (34) and the forming base member (50) to form the thread cover using a plastic composition member (28). Further, the pivot bar (i.e., roller) includes an aperture extending therethrough (Figure 7, showing height adjustment member 60 extending through 34).
However, the prior art, alone or in combination, fails to teach or suggest a second clamp bar attached to a swing arm and containing an adjustable bow plate; said pressure source communicating with said aperture such that when said pressure source is activated, the piece of flooring that has been formed ejects into the second clamp bar or from the device without causing damage to the said piece of flooring. Examiner argues, see page 4, the aperture of Dipaula serves as a height adjustment mechanism and not ejection mechanism as claimed; Examiner agrees (paragraphs 0059-0060 of Dipaula). Hence, one skilled in the art would not look to Dipaula to address the deficiencies of Bodendorf.
Claims 11 and 14-17 are allowable at least for depending on claim 10.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 Virak Nguon whose telephone number is (571)272-4196. The examiner can normally be reached Monday-Thursday (and alternate Fridays) 7:30-5:00.
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/VIRAK NGUON/Examiner, Art Unit 1741 3/28/2026