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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “120” has been used to designate both different components in figs 5a, 5b and 5c. “120” is supposed to be a truss but points to a deck board. “160” points to different components in figs. 2 and 3. 160 is supposed to be a corner bracket but points to a frame corner and not a bracket in fig. 3; character “130” is supposed to be screws but points to different components in fig. 1, such as a corner and a board. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The Applicant should review the specification and the drawings in order to correct these and any other errors in labeling the figures.
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, 4-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 6,209,267 to Dantzer.
Regarding claim 1, Dantzer discloses a modular decking system (abstract) having a plurality of decking panels (fig. 3: 13), a plurality of even spaced trusses (12) under the decking, a frame (5) with posts (2) previously installed before the frame, and a plurality of headboards (opposite sides of the frame, joist hangers (8) on the frame (5), corner brackets (52, 36) on the corners. Screws are disclosed (column 2, lines 28-30) but they are not explicitly disclosed for use as deck screws for securing the panels to the frame. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dantzer by using such screws throughout the deck, panel to frame connection would be one use and would speed assembly. Regarding the limitation of instructions, this is not disclosed. However, Dantzer discloses the decking system as being sold as a kit (column 2, lines 35-45). The Examiner takes official notice that it is well known that kits come with instructions, as the instructions provide an explanation of where parts fit together. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dantzer by adding instructions since instructions are a well-known means to identify which parts in a kit are meant to be joined together.
Regarding claim 4, the use of lumber is disclosed (column 1, lines 10-12).
Regarding claim 5, Dantzer discloses a plurality of inner and outer frames (fig. 2: see plurality of frames within outer perimeter).
Regarding claim 6, Dantzer discloses the use of pre drilled apertures (column 3, lines 40-42). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dantzer by using pre drilled apertures throughout the decking system in order to speed assembly.
Regarding claim 7, an additional brace (16) is disclosed to better support (after assembly, 15 and 16 provide extra rigidity to the entire decking, including the posts) the posts (2).
Regarding claim 8, Dantzer discloses the basic claim structure of the instant application but does not disclose specific dimensions. Applicant fails to show criticality for specifically claimed dimensions, therefore it would have been an obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dantzer to use the dimensions such as specified in these claims as a mere design choice where larger sizes provide greater support when needed as smaller sizes may be used where less strength is needed.
Regarding claim 9, the decking may be easily deconstructed and transported.
Regarding claim 10, the decking system includes additional decking systems (fig. 2: see plurality of decking sections) fastened together to form a platform.
Regarding claim 11, stands are used (fig. 2: 3).
Regarding claim 12, the stands (3) may be temporary or permanent.
Regarding claims 13 and 15, the decking system is a kit (column 2, lines 36-45) having the components as rejected in claim 1, and capable of being assembled by a person.
Regarding claim 14, claim 14 is rejected for reasons cited in the rejection of claim 1. The components obtained are disclosed in the rejection of claim 1.
Regarding claim 16, claim 16 is rejected for reasons cited in the rejection of claims 1 and 15.
Regarding claim 18, posts (2) and headboards (5, two opposite sides of frame, fig. 3) are disclosed.
Regarding claim 19, the frame is a patio (deck attached to a house, abstract).
Regarding claim 20, the trusses (12) are evenly spaced and under the decking (13) and corner brackets (fig. 6: 36, 52) are on corners.
Claim(s) 2, 3 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 6,209,267 to Dantzer in view of U.S. Patent Application No. US 2003/0026675 to McGovern et al.
Regarding claims 2, 3 and 17, Dantzer discloses the use of treated lumber (column 1, lines 10-13), but not pressure treated or composite. McGovern discloses that pressure treated and composite materials are commonly used for decking [0005]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dantzer by using such products in order to increase longevity. Regarding panel sizes, Dantzer discloses the basic claim structure of the instant application but does not disclose specific dimensions. Applicant fails to show criticality for specifically claimed dimensions, therefore it would have been an obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Dantzer to use the dimensions such as specified in these claims as a mere design choice where larger panels would be needed for supporting larger weights as smaller panels would be used for lighter weights.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached on (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633