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 .
Status of Claims
Claims 1-16 are pending and subject to examination in this Office action. Claims 17-20 were canceled in the amendment filed on 5 February 2026.
Election/Restrictions
Applicant’s election of Group I (claims 1-16) in the reply filed on 5 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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.
Claims 1-16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding independent claim 1 (wherein clause), the word “their” is recited. To what previously recited structure is this word referring?
Regarding claim 7, the term “the same extent” lacks proper antecedent basis.
Regarding claim 8, the term “the cladding board” is recited. As a plurality of cladding boards were previously recited, to which previously recited cladding board is this term referring?
Regarding claim 9, the word “their” is recited. To what previously recited structure is this word referring?
Regarding claims 14 and 15, the relative term “generally” is recited, which renders the claims indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this regard, the Examiner suggests deleting this relative term.
Accordingly, the pending claims will be interpreted as best understood.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Kester (U.S. Patent No. 954,520).
Regarding independent claim 1, as best understood, Kester describes a cladding kit mountable to an underlying structure comprising:
a plurality of elongated cladding boards (A, A'; Fig. 1), each cladding board including
a board body (Fig. 1) defining longitudinally opposed board body first and second ends, board body first and second sides extending therebetween and opposed inside (Fig. 1) and outside surfaces (Fig. 1) each delimited by the board body first and second ends and first and second sides, the outside surfaces being visible when the cladding boards have been operatively mounted to the underlying structure (Fig. 1);
an outside flange (defined by elements 4-9) protruding from the board body at the board body first side, the outside flange being recessed relative to the inside surface;
an inside flange (defined by elements 4'-9') protruding from the board body at the board body second side, the inside flange being recessed relative to the outside surface;
wherein the inside and outside flanges are configured and sized so that the inside flange and outside flanges of two of the cladding boards overlap when the two cladding boards are laid side-by-side with their outside surfaces substantially coplanar (Fig. 1).
Regarding claim 2, wherein the inside flange defines an elongated groove (8') extending longitudinally therealong and facing outwardly.
Regarding claim 3, wherein the inside flange defines fastener receiving apertures (B') for receiving fasteners to secure the cladding boards to the underlying structure.
Regarding claim 4, wherein the fastener receiving apertures are in register with an elongated groove extending longitudinally along the inside flange opposed to the inside surface (Fig. 1).
Regarding claim 5, wherein the fastener receiving apertures are recessed in the inside flange (Fig. 1).
Regarding claim 6, wherein the inside and outside flanges have thicknesses such that the inside and outside flanges of the two of the cladding boards abut against each other when the two of the cladding boards are laid side-by-side with overlapping inside and outside flanges (Fig. 1).
Regarding claim 7, wherein the inside and outside flanges protrude laterally to the same extent from the board body (Fig. 1).
Regarding claim 8, wherein the outside flange defines a flange ridge protruding laterally outwardly therefrom, spaced apart from the inside and outside surfaces, and the cladding board defines a flange receiving groove at the board body second side configured and sized to receive thereinto the flange ridge of an adjacent one of the cladding boards (Fig. 1).
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as anticipated Santarossa (U.S. Patent Application Publication No. 2019/0309525).
Regarding independent claim 1, as best understood, Santarossa describes a cladding kit mountable to an underlying structure comprising:
a plurality of elongated cladding boards (Figs. 1-5), each cladding board including
a board body (2) defining longitudinally opposed board body first and second ends, board body first and second sides extending therebetween and opposed inside (23) and outside surfaces (22) each delimited by the board body first and second ends and first and second sides, the outside surfaces being visible when the cladding boards have been operatively mounted to the underlying structure (see e.g., Figs. 2-5);
an outside flange (26) protruding from the board body at the board body first side, the outside flange being recessed relative to the inside surface;
an inside flange (20) protruding from the board body at the board body second side, the inside flange being recessed relative to the outside surface;
wherein the inside and outside flanges are configured and sized so that the inside flange and outside flanges of two of the cladding boards overlap when the two cladding boards are laid side-by-side with their outside surfaces substantially coplanar (see e.g., Figs. 1-5).
Regarding claim 2, wherein the inside flange defines an elongated groove extending longitudinally therealong and facing outwardly (see e.g., Figs. 1-5).
Regarding claim 3, wherein the inside flange defines fastener receiving apertures for receiving fasteners to secure the cladding boards to the underlying structure (see e.g., Figs. 1-5).
Regarding claim 4, wherein the fastener receiving apertures are in register with an elongated groove extending longitudinally along the inside flange opposed to the inside surface (see e.g., Figs. 1-5).
Regarding claim 5, wherein the fastener receiving apertures are recessed in the inside flange (see e.g., Figs. 1-5).
Regarding claim 6, wherein the inside and outside flanges have thicknesses such that the inside and outside flanges of the two of the cladding boards abut against each other when the two of the cladding boards are laid side-by-side with overlapping inside and outside flanges (see e.g., Figs. 1-5).
Regarding claim 7, wherein the inside and outside flanges protrude laterally to the same extent from the board body (see e.g., Figs. 1-5).
Regarding claim 8, wherein the outside flange defines a flange ridge protruding laterally outwardly therefrom, spaced apart from the inside and outside surfaces, and the cladding board defines a flange receiving groove at the board body second side configured and sized to receive thereinto the flange ridge of an adjacent one of the cladding boards (see e.g., Figs. 1-5).
Regarding claim 9, further comprising trims mountable between adjacent ones of the cladding boards, each trim including a trim inside element mountable to the underlying structure and a trim outside element mountable to the trim inside element, the trim outside element being configured and sized to overlap the adjacent ones of the cladding boards adjacent their outside surfaces when the trim is inserted therebetween, the trim inside and outside elements being detached from each other prior to installation (see e.g., Figs. 15-19).
Regarding claim 10, wherein the trim inside element defines an inside mounting member and the trim outside element defines an outside mounting member mountable to the inside mounting member (see e.g., Figs. 15-19).
Regarding claim 11, wherein one of the inside and outside mounting members defines a corrugated recess and an other one of the inside and outside mounting members defines a corrugated protrusion insertable in the corrugated recess, the corrugated protrusion and recess being configured and sized to that the corrugated protrusion is retained in the corrugated recess once received thereinto (see e.g., Figs. 15-19).
Regarding claim 12, wherein the corrugated recess and corrugated protrusion are corrugated such that removal of the corrugated protrusion from the corrugated recess requires a larger force than insertion of the corrugated protrusion in the corrugated recess (see e.g., Figs. 15-19).
Regarding claim 13, wherein the trims include end trims mountable between longitudinally adjacent cladding boards, inside corner trims mountable between two cladded surfaces forming an inside corner and outside corner trims mountable between two cladded surfaces forming an outside corner (see e.g., Figs. 15-19).
Regarding claim 14, wherein the trim outside elements include at least one external wing extending generally parallel to the underlying structure when the cladding kit is operatively mounted to the underlying structure (see e.g., Figs. 15-19).
Regarding claim 15, wherein the trim inside elements include at least one internal wing extending generally parallel to the underlying structure when the cladding kit is operatively mounted to the underlying structure (see e.g., Figs. 15-19).
Regarding claim 16, further comprising a starting trim defining a U-shaped recess for receiving the cladding boards at a perimeter of a cladded surface (see e.g., Figs. 15-19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635