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 .
Claim Objections
Claim 10 is objected to because of the following informalities: the claim ends without a period but a comma. Appropriate correction is required.
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 1-10 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 "the position" on Line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the height" on Line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation “the manual movement” but in Claim 1 it was never positively recited because Lines 16-17 recite “by one or a combination of”.
Claim 8 recites the limitation “the drive arrangement” but in Claim 1 it was never positively recited because Lines 16-17 recite “by one or a combination of”.
Claim 9 recites the limitation "the position" on Line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the height" on Line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the position" on Line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 9,556,621 to Pelc.
Regarding claim 1, Pelc teaches in Figures 1, 3 and 4B, a system (Column 5, Line 42) for leveling (Column 5, Lines 53-55) a construction surface (32) and supporting (Column 2, Line 34) at least one construction element [deck tile (Column 7, Lines 20-22)], the system comprising at least one pedestal assembly (20) (Column 7, Line 35) comprising: a base (5) (Column 7, Lines 36-37) for supporting the pedestal assembly (20) on a substrate surface [sub-surface (Column 6, Lines 23-27)]; a body (2) [mid-section (Column 7, Line 41)] comprising a plurality of operably connected telescopic members (1 and 4) [coupling (Column 7, Line 38) and cap (Column 7, Line 58)], the body (2) operatively and releasably coupled to the base (5) (Column 7, Lines 35-41); a support member (10) [tiltable support-surface head (Column 7, Line 59)] for supporting (Column 8, Lines 3-4) the at least one construction element (Column 7, Lines 20-22), wherein the support member (10) comprises a leveling surface (34) [downward facing surface (Column 8, Lines 58-59)] adapted for coupling with a corresponding complimentary engagement surface (36) [concave surface (Column 8, Line 60)] of a first (4) of the plurality of telescopic members of the body (2) so that a tilt angle (Column 9, Lines 13-15) of the support member (10) is adjusted [tilted (Column 9, Line 16)] by pivoting (Column 7, Lines 57-59) the support member (10) with respect to the body (2); a locking component (11) [bushing (Column 9, Line 3)] adapted to be placed within a commonly aligned aperture (22A) (Column 8, Lines 66-67) and (24) (Column 9, Lines 1-2) of at least the support member (10) and the first (4) of the plurality of telescopic members, the locking component (11) configured to fix the position (Column 9, Lines 19-23) of the support member (10) with respect to the body (2); a spacer (12) (Column 9, Line 40) adapted to be accommodated by the support member (10) for aligning one or more construction elements (Column 9, Lines 40-41); wherein adjustment of the height of the pedestal assembly (20) is facilitated by manual movement of the support member (10) (Column 2, Lines 18-25).
Regarding claim 2, Pelc teaches in Figure 4B, the leveling surface (34) of the support member (10) and the complimentary engagement surface (36) of the first (4) the telescopic member are curved [convex/concave (Column 8, Lines 59-60)].
Regarding claim 3, Pelc teaches in Figure 4B, the base (5), the plurality of operably connected telescopic members (1, 2 and 4) and the support member (10) are operatively coupled to each other for adjusting the height (Column 2, Lines 18-25) of the pedestal assembly (20) by relative rotational movement (Column 6, Line 32).
Regarding claim 4, Pelc teaches in Figure 4B, the locking component (11) is configured to fix the position of the support member (10) to be parallel [zero degrees (Column 6, Line 49)] with the base (5).
Regarding claim 5, Pelc teaches in Figure 4B, the manual movement (Column 2, Lines 18-25) of the support member (10) and a second member (1) of the body (2) for adjusting the height (Column 2, Lines 21-22) of the pedestal assembly (20) is rotational movement (Column 2, Lines 18-19).
Regarding claim 6, Pelc teaches in Figure 4B, the rotational movement (Column 2, Lines 18-19) is assisted by screw thread configuration (Column 7, Lines 37-38) on the telescopic members.
Regarding claim 8, Pelc teaches in Figure 3, the drive arrangement (15) of the first telescopic member (4) is a mesh drive (13) [the bolt needs to mesh with slotted washer (Column 8, Lines 19-20)].
Regarding claim 9, Pelc teaches in Figures 1, 3 and 4B, a pedestal assembly (20) (Column 7, Line 35) for leveling (Column 5, Lines 53-55) a construction surface (32) and supporting (Column 2, Line 34) at least one construction element [deck tile (Column 7, Lines 20-22)], the pedestal assembly (20) comprising: a base (5) (Column 7, Lines 36-37) for supporting the pedestal assembly (20) on a substrate surface [sub-surface (Column 6, Lines 23-27)]; a body (2) [mid-section (Column 7, Line 41)] comprising a plurality of operably connected telescopic members (1 and 4) [coupling (Column 7, Line 38) and cap (Column 7, Line 58)], the body (2) operatively and releasably coupled to the base (5) (Column 7, Lines 35-41); a support member (10) [tiltable support-surface head (Column 7, Line 59)] for supporting (Column 8, Lines 3-4) the at least one construction element (Column 7, Lines 20-22), wherein the support member (10) comprises a leveling surface (34) [downward facing surface (Column 8, Lines 58-59)] adapted for coupling with a corresponding complimentary engagement surface (36) [concave surface (Column 8, Line 60)] of a first (4) of the plurality of telescopic members of the body (2) so that a tilt angle (Column 9, Lines 13-15) of the support member (10) is adjusted [tilted (Column 9, Line 16)] by pivoting (Column 7, Lines 57-59) the support member (10) with respect to the body (2); a locking component (11) [bushing (Column 9, Line 3)] adapted to be placed within a commonly aligned aperture (22A) (Column 8, Lines 66-67) and (24) (Column 9, Lines 1-2) of at least the support member (10) and the first (4) of the plurality of telescopic members, the locking component (11) configured to fix the position (Column 9, Lines 19-23) of the support member (10) with respect to the body (2); a spacer (12) (Column 9, Line 40) adapted to be accommodated by the support member (10) for aligning one or more construction elements (Column 9, Lines 40-41); wherein adjustment of the height of the pedestal assembly (20) is facilitated by manual movement of the support member (10) (Column 2, Lines 18-25).
Regarding claim 10, Pelc teaches in Figures 1, 3 and 4B, a kit of parts [device (Column 2, Line 8)] for a pedestal assembly (20) (Column 7, Line 35) for leveling (Column 5, Lines 53-55) a construction surface (32) and supporting (Column 2, Line 34) at least one construction element [deck tile (Column 7, Lines 20-22)], the kit of parts comprising: a pedestal assembly base (5) (Column 7, Lines 36-37); a pedestal assembly body (2) [mid-section (Column 7, Line 41)] that is operatively and releasably coupled to the base (5) (Column 7, Lines 36-38) and comprises one or more telescopic body members (1 and 4) [coupling (Column 7, Line 38) and cap (Column 7, Line 58)]; a construction element support member [tiltable support-surface head (Column 7, Line 59)] having a non-planar leveling surface (34) [convex downward facing surface (Column 8, Lines 58-59)] adapted for coupling to a complimentary non-planar engagement surface (36) [concave surface (Column 8, Line 60)] of at lest one of the body members (4); a pedestal assembly locking component (11) [bushing (Column 9, Line 3)] for fixing the position (Column 9, Lines 19-23) of the construction element support member (10) with respect to the pedestal assembly body (2); and a construction element spacer (12) (Column 9, Line 40) adapted to be accommodated by the support member (10) for aligning one or more construction elements (Column 9, Lines 40-41).
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 7 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 9,556,621 to Pelc in view of US Patent # 8,438,805 to Repasky.
Regarding claim 7, Pelc teaches a system but does not teach height extenders. However, Repasky teaches in Figures 3 and 4, a base (44) [post (Column 3, Line 29)] comprising a housing (50) [coupler (Column 2, Line 36)] and a base plate (26) (Column 2, Line 35) that are releasably connectable [via spiral threads (Column 3, Line 57)] for insertion of height extenders [additional couplers (Column 3, Line 66)]. It would have been obvious to one of ordinary skill in the art to combine Pelc with Repasky with a reasonable expectation of success because Repasky teaches multiple couplers can be used to adjust the overall height of the pedestal (Columns 3-4, Lines 66-2).
Conclusion
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