DETAILED ACTION
The Examiner acknowledges Claims 1, 2 and 13-18 have been amended and Claims 8-12 have been cancelled.
Response to Arguments
Applicant’s arguments and amendments with respect to the Claim Objection have been fully considered and are persuasive. The Objection of Claim 18 has been withdrawn.
Applicant’s arguments and amendments with respect to the Prior Art rejections have been considered but are moot because the amendments have necessitated a new ground(s) of rejection.
The Applicant argues that in Toca, the abutted teeth are arranged in a sawtooth pattern rather than an inclined, stepped manner. The Examiner disagrees and sets forth the interpretation in the rejection below. Figure 2 of Toca [annotated below] shows each one of the two said clamping portions (X and W) having multiple abutted teeth [ridges (Column 6, Line 47)] arranged in an inclined [some of them are upside-down] stepped [there are a plurality of them in series] manner on a bottom surface (V) of the two clamping portions (X and W).
The Applicant also argues that Toca does not have any gaps formed through each one of the two ends of the clamping board. The Examiner disagrees and sets forth the interpretation in the rejection below. Figure 2 of Toca [annotated below] shows a gap (U) formed between the two clamping portions (X and W) on each one of the two ends of the clamping board (21) and gradually expanding from the inside to the outside.
The final argument is that neither Barbero nor Toca disclose three rotating strips arranged at an included angle of 120 degrees. However, the amendment has caused the Examiner to introduce the reference of Li into the rejection below.
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 1-7 and 13-20 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 on Line 9 “the clamping portion” but Line 5 recited “two clamping portions”. It is unclear if these are the same or different.
Claim 1 recites the limitations "the inside” and “the outside" on Line12. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-7 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 11,680,417 to Quesada Barbero [hereinafter “Barbero”] in view of US Patent # 11,840,852 to Toca et al. in further view of Chinese Patent # 118911388 to Li
Regarding claim 1, Barbero teaches in Figure 1 [annotated below], an ergonomic (Column 2, Lines 21-22) leveler (A) [floor tile leveling system (Column 3, Line 66)] comprising: a base (B) [separation post (Column 3, Line 67)] having a clamping board (101) [base component (Column 4, Lines 1-2)] having a clamping face (F) disposed on a top side of the clamping board (101); two clamping portions (G and H) disposed on each one of two ends of the clamping board (101); a connecting rod (103) [threaded shaft (Column 4, Lines 17-18)]; and a connecting slice (10) [separation post (Column 4, Line 1)] connected to the clamping board (101) and the connecting rod (103); and a spin cover (C) [cap (Column 3, Line 67)] detachably connected [threaded assembly (Column 4, Lines 16-17)] to the base (B) and having a screw portion (202) [hub (Column 4, Line 14)] disposed on a top of the spin cover (C) and connected to the connecting rod (103) of the base (B); and a spin portion (20) connected to the screw portion (202), being a cover structure [cap (Column 3, Line 67)] with an opening (D) facing downward, and having at least one rotating strip (206) [rib (Column 4, Line 24)]; wherein the at least one rotating strip (206) is disposed curvedly (Column 4, Line 42) on and extends out of an external surface of the spin portion (20) along a direction from the screw portion (202) toward the opening (D); and each one of the at least one rotating strip (206) has an abutted-curved face (213) disposed on an outer side of the rotating strip (206) away from the screw portion (202). Barbero does not teach each one of two clamping portions having multiple abutted teeth arranged in an inclined, stepped manner on a bottom surface of the clamping portion. However, Toca teaches in Figure 2 [annotated below], a clamping board (21) [footplate (Column 5, Line 52)] having a clamping face (Z) disposed on a top side of the clamping board (21); two clamping portions (X and W) disposed on each one of two ends of the clamping board (21), each one of the two said clamping portions (X and W) having multiple abutted teeth [ridges (Column 6, Line 47)] arranged in an inclined [some of them are upside-down] stepped [there are a plurality of them in series] manner on a bottom surface (V) of the two clamping portions (X and W); and a gap (U) formed between the two clamping portions (X and W) on each one of the two ends of the clamping board (21) and gradually expanding from the inside to the outside. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the floor tile leveling device of Barbero with ridged footplate of Toca with a reasonable expectation of success because Toca teaches the teeth/ridges allow the flow of mortar avoiding voids in the mortar at the footplate (Column 6, Lines 46-52). Neither Barbero nor Toca teach the base having three rotating strips. However, Li teaches in Figure 15, a base that has three rotating strips (233); each two adjacent ones of the three rotating strips (233) are arranged at an included angle of 120 degrees. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combing the floor tile leveling device of Barbero in view of Toca with the tile leveling device of Li with a reasonable expectation of success because Li teaches there may be two or more ribs uniformly distributed, in this case three (Page 6).
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Regarding claim 2, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], each one of the rotating strips (206) has two ends, one of the two ends of each of the rotating strip (206) is connected to the screw portion (202), and the other one of the two ends of each of the rotating strip (206) extends radially toward the opening (D).
Regarding claim 3, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the spin cover (C) has an abutted hole (205) [opening (Column 4, Lines 23-24)] formed through an external surface of the spin cover (C) between each two adjacent ones of the rotating strips (206); and an auxiliary contact surface (208/209/212) disposed between an outer periphery of each abutted hole (205) and each of the two adjacent rotating strips (206).
Regarding claim 4, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], each abutted hole (205) is a non-circular structure; and each auxiliary contact surface (208/209/212) is connected to the abutted-curved face (213) on one of the two adjacent rotating strips (206).
Regarding claim 5, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 2, the spin cover has a reminder symbol [as seen] disposed on at least one of the auxiliary contact surfaces (208/209/212).
Regarding claim 6, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the spin cover (C) has a pressing flange (201) [cylindrical component (Column 4, Lines 13-14)] annularly formed on a bottom of the spin portion (20).
Regarding claim 7, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the screw portion (202) has multiple protruded ribs (204) [lateral recesses (Column 4, Line 19)] formed on an external surface of the screw portion (202) at spaced intervals.
Regarding claim 13, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting slice (10) is connected to a clamping face of the clamping board (101) and has a through hole (E) formed through the connecting slice (10) between the clamping board (101) and the connecting slice (10).
Regarding claim 14, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting slice (10) is connected to a clamping face of the clamping board (101) and has a through hole (E) formed through the connecting slice (10) between the clamping board (101) and the connecting slice (10).
Regarding claim 15, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting slice (10) is connected to a clamping face of the clamping board (101) and has a through hole (E) formed through the connecting slice (10) between the clamping board (101) and the connecting slice (10).
Regarding claim 16, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting slice (10) is connected to a clamping face of the clamping board (101) and has a through hole (E) formed through the connecting slice (10) between the clamping board (101) and the connecting slice (10).
Regarding claim 17, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting slice (10) is connected to a clamping face of the clamping board (101) and has a through hole (E) formed through the connecting slice (10) between the clamping board (101) and the connecting slice (10).
Regarding claim 18, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting rod (103) is connected to an edge of the connecting slice (10) away from the clamping board (101) and has a thread (Column 4, Lines 17-18) formed on an external surface of the connecting rod (103); and the screw portion (202) has a threaded hole (203) [female thread (Column 4, Line 16)] formed through the screw portion (202) and selectively screwed [threaded assembly (Column 4, Lines 16-18)] with the thread (Column 4, Lines 17-18) of the connecting rod (103).
Regarding claim 19, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting rod (103) is connected to an edge of the connecting slice (10) away from the clamping board (101) and has a thread (Column 4, Lines 17-18) formed on an external surface of the connecting rod (103); and the screw portion (202) has a threaded hole (203) [female thread (Column 4, Line 16)] formed through the screw portion (202) and selectively screwed [threaded assembly (Column 4, Lines 16-18)] with the thread (Column 4, Lines 17-18) of the connecting rod (103).
Regarding claim 20, Barbero in view of Toca in further view of Li teach an ergonomic leveler. Furthermore, Barbero teaches in Figure 1 [annotated above], the connecting rod (103) is connected to an edge of the connecting slice (10) away from the clamping board (101) and has a thread (Column 4, Lines 17-18) formed on an external surface of the connecting rod (103); and the screw portion (202) has a threaded hole (203) [female thread (Column 4, Line 16)] formed through the screw portion (202) and selectively screwed [threaded assembly (Column 4, Lines 16-18)] with the thread (Column 4, Lines 17-18) of the connecting rod (103).
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 ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635