Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of specie 2 to figures 4a-4d, 5a-5d, 4e-4g to claims 42-62 in the reply filed on 2/20/2026 is acknowledged.
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.
Regarding claims 44, 47, 49, 51, 58, 62 the phrase "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
The claimed limitations “ fabric-like” confuses the scope of the claims, and are thus indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 42-44, 46-49, 55-56, 62 are is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Whitacre (5052161).
Whitacre figures 1-5, shows a support plate for installing facing materials on a substrate comprising: a sheet material(figure 5) having a top surface and a bottom surface; a plurality of spaced apart adjacent raised portions(34) and adjacent recesses (the recesses between the raised portions 34) residing across said sheet material, each recess open at said top and having a bottom and sidewalls comprising said sheet material, together said sheet material, said adjacent raised portions and said adjacent recesses define a support plate having a thickness extending from a top surface to a bottom surface thereof; an underlayer attached to said bottom surface of said sheet material; and a plurality of openings(42) traversing through said sheet material at said top surface of said plate and residing between and connecting two or more of said adjacent recesses (the portions to opposite sides of the openings 42) to each other.
Per claim 43, Whitacre further shows said underlayer comprises a first underlayer (46) having a first side and a second side, said first side of said first underlayer is attached directly to said bottom surface of said sheet material.
Per claim 44, Whitacre further shows said first underlayer is selected from the
group consisting of a fabric-like mat, a waterproofing layer, a sound-proofing layer, and an adhesive layer.
Per claim 46, Whitacre further shows a second underlayer(col 4 line 29, thin membrane, see figure 3) attached to said second side of said first underlayer at said bottom surface of said sheet material.
Per claim 47, Whitacre further shows said second underlayer is selected from the
group consisting of a fabric-like mat, a waterproofing layer(elastomer), a sound-proofing layer, and an adhesive layer.
Per claim 48, Whitacre further shows a third underlayer(col 4 line 32-35; adhesive) attached to said second underlayer at said bottom surface of said sheet material.
Per claim 49, Whitacre further shows said third underlayer is selected from the
group consisting of a fabric-like mat, a waterproofing layer, a sound-proofing layer, and an adhesive layer.
Per claim 55, Whitacre further shows said first underlayer is selected from the
group consisting of a waterproofing layer, a sound-proofing layer, and an adhesive layer.
Per claim 56, Whitacre further shows a second underlayer (col 4 lines 29-30) attached to said second side of said first underlayer at said bottom surface of said sheet material.
Per claim 62, Whitacre shows a support plate for installing facing materials on a substrate comprising: a sheet material(figure 5) having a top surface and a bottom surface; a plurality of spaced apart adjacent raised portions(34) and adjacent recesses (the areas next to openings 42) residing across said sheet material, each recess open at said top and having a bottom and sidewalls comprising said sheet material, together said sheet material, said adjacent raised portions and said adjacent recesses define a support plate having a thickness extending from a top surface to a bottom surface thereof; and two or more underlayers(46 and col 4 lines 29-30 and/or col 4 lines 34-35) attached in sequential order to said bottom surface of said sheet material, each of said two or more underlayers selected from the group consisting of a fabric-like mat, a waterproofing layer, a sound-proofing layer, and an adhesive layer.
Claim(s) 42-43, 50 are is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Ellithorpe et al (1965282).
Ellithorpe et al figures 1-4, shows a support plate for installing facing materials on a substrate comprising: a sheet material having a top surface and a bottom surface; a plurality of spaced apart adjacent raised portions(figure 4, the horizontal portion atop part 20) and adjacent recesses (where openings 22 locate) residing across said sheet material, each recess open at said top and having a bottom and sidewalls comprising said sheet material, together said sheet material, said adjacent raised portions and said adjacent recesses define a support plate having a thickness extending from a top surface to a bottom surface thereof; an underlayer(21) attached to said bottom surface of said sheet material; and a plurality of openings(22) traversing through said sheet material at said top surface of said plate and residing between and connecting two or more of said adjacent recesses (the portions to opposite sides of the openings 22) to each other.
Per claim 43, Ellithorpe et al further shows said underlayer comprises a first underlayer (21)having a first side and a second side, said first side of said first underlayer is attached directly to said bottom surface of said sheet material.
Per claim 50, Ellithorpe et al further shows the openings comprise open slots (22), portions of the first side of the first underlayer being exposed through the open slots at said top surface of the sheet material (figures 2-4).
Claim(s) 42-45, 57-58, 60 are is/are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by Sagendorph (438327).
Sagendorph figures 1-4, shows a support plate for installing facing materials on a substrate comprising: a sheet material having a top surface and a bottom surface; a plurality of spaced apart adjacent raised portions(A) and adjacent recesses (B) residing across said sheet material, each recess open at said top and having a bottom and sidewalls comprising said sheet material, together said sheet material, said adjacent raised portions and said adjacent recesses define a support plate having a thickness extending from a top surface to a bottom surface thereof; an underlayer(C) attached to said bottom surface of said sheet material; and a plurality of openings(b, underneath a) traversing through said sheet material at said top surface of said plate and residing between and connecting two or more of said adjacent recesses (B) to each other.
Per claim 43, Sagendorph further shows said underlayer comprises a first underlayer (C)having a first side and a second side, said first side of said first underlayer is attached directly to said bottom surface of said sheet material.
Per claim 44, Sagendorph shows the first underlayer is selected from the group consisting of a fabric like mat, a waterproofing layer, a sound proofing layer, and an adhesive layer.
Per claim 45, Sagendorph further shows the plurality of openings (b) reside in said plurality of spaced apart adjacent raised portions.
Per claim 57, Sagendorph shows a support plate for installing facing materials on a substrate comprising: a sheet material having a top surface and a bottom surface; a plurality of spaced apart adjacent raised portions (A) residing across the sheet material; a plurality of spaced apart adjacent recesses(B) residing across the sheet material; a plurality of openings(b, underneath a) in the sheet material traversing through one or more of the adjacent raised portions and extending at least partially into the sidewalls of the recesses, each said slot connecting at least two spaced apart adjacent recesses to each other; a plurality of routing regions (the recesses, and the openings able to route) residing on the base sheet material defined at least by the plurality of raised portions and recesses, wherein one or more of the plurality of routing regions are adapted to receive a component therein(openings and recesses able to function as claimed); and at least a first underlayer (C) attached to said bottom surface of said sheet material.
Per claim 58, Sagendorph further shows said first underlayer is selected from the
group consisting of a fabric-like mat, a waterproofing layer, a sound-proofing layer, and an adhesive layer.
Per claim 60, Sagendorph further shows the plurality of slots comprise open slots, portions of said first side of said first underlayer being exposed through said open slots at said top surface of said sheet material (the openings enable exposure as claimed).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 59 is is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sagendorph (438327) in view of Whitacre (5052161).
Sagendorph shows all the claimed limitations except for a second underlayer attached to said first underlayer at said bottom surface of said sheet material.
Whitacre discloses a second underlayer attached to said first underlayer at said bottom surface of said sheet material (col 4 lines 29-32) to protect a concrete base from cracking.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Sagendorph’s structures to show a second underlayer attached to said first underlayer at said bottom surface of said sheet material as taught by Whitacre with a reasonable expectation of success in order to protect a concrete base from cracking.
Claim 61 is is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sagendorph (438327) in view of Smolka (2011/0047907).
Sagendorph shows all the claimed limitations except for said component received in said one or more of the plurality of routing regions is a flooring installation item comprising a heating wire.
Smolka discloses component(46) received in said one or more of the plurality of routing regions is a flooring installation item comprising a heating wire.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Sagendorph’s structures to show said component received in said one or more of the plurality of routing regions is a flooring installation item comprising a heating wire as taught by Smolka with a reasonable expectation of success in order to provide heating for a floor as needed.
Claims 51-54 are is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Whitacre in view of Hartl (8695300).
Whitacre shows all the claimed limitations except for the first and second underlayer comprising a fabric-like mat.
Hartl discloses a supporting layer (23) comprising a fabric like mat (the mesh with the adhesive 32) underneath and supporting the plate.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Whitacre’s structures to show the first and second underlayer comprising a fabric-like mat with a reasonable expectation of success since having a fabric like mat within the adhesive would reinforce the adhesive and provide a strengthen supporting base for the support plate.
Per claims 52-53, Whitacre as modified shows all the claimed limitations except for said second underlayer comprises a waterproofing layer, said waterproofing layer comprising a waterproof non-woven material, the second layer comprising a sound proofing layer, said sound proofing layer being selected from the group consisting of a rubber layer, a cork layer, a foam layer, a polyester fiber layer, and combination thereof.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Whitacre’s modified structures to show said second underlayer comprises a waterproofing layer, said waterproofing layer comprising a waterproof non-woven material, the second layer comprising a sound proofing layer, said sound proofing layer being selected from the group consisting of a rubber layer, a cork layer, a foam layer, a polyester fiber layer, and combination thereof with a reasonable expectation of success since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416; one having ordinary skill in the art thus would have found it obvious to substitute one material for another as long the material provides the necessary properties to protect the floor and the concrete thereon.
Per claim 54, Whitacre as modified shows all the claimed limitations including an adhesive (col 4 lines 33-35) except for the second underlayer comprising an adhesive layer being a peel and stick adhesive layer for attaching the support plate to the substrate.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Whitacre’s modified structures to show the second underlayer comprising an adhesive layer being a peel and stick adhesive layer for attaching the support plate to the substrate since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416; one having ordinary skill in the art thus would have found it obvious to substitute one kind of adhesive for another as long as the adhesive provides for the needed bonding of the second layer to the concrete substrate to stably support the plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different floor supporting systems.
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/PHI D A/Primary Examiner, Art Unit 3633