11-22DETAILED ACTION
The Examiner acknowledges claims 1-19 and 21 have been amended and claim 22 has been added.
Response to Arguments
Applicant’s arguments and amendments with respect to the 112 rejections have been fully considered and are persuasive. The 112 rejections have been withdrawn.
Applicant's arguments and amendments with respect to the Prior Art rejections have been fully considered but they are not persuasive:
The first argument is that Knight does not disclose the claimed plurality of telescopic body members. However, looking at the claims, they merely require “a body comprising a plurality of operably connected telescoping members”. In Knight the body comprises a plurality of operably connected telescoping members 110 and 110’. They are operably telescopic because one fits inside of the other. Furthermore, the claim requires height adjustment by manual movement of at least one of the telescopic members, it does not require manual movement of both. Figure 2 shows that telescopic member 110 interfaces with the support member 108 via threads 186 which allows for telescoping of the telescopic member 110 inside the support member 108.
The next argument is that Knight does not disclose the manual adjustment mode. The Applicant argues that Knight discloses a fine-height adjustment by rotating the support member or the base structure. However, rotating the support member involves rotating it on the threads of the telescopic body (Column 11, Lines 19-21). Its all a matter of perspective whether it’s the telescopic member moving or the support member.
The next argument is towards the Examiner citing tab 174d as the drive arrangement. However, the amendment has caused the Examiner to reinterpret this part of the rejection [see rejection below].
The next argument is towards claims 12 and 19 and slot 170d. Once again, the amendments have caused the Examiner to reinterpret this part of the rejection.
The next argument is that Knight does not disclose the lugs on the coupling members. However, this argument is towards claim 14 that does not positively recite lugs but rather in the alternative. Knight discloses the other possibility of screw threaded configuration of the telescopic members.
The next argument is towards the rejection of claim 15. However, the arguments have not overcome the Examiner’s interpretation of claim 15.
The next argument is towards the rejection of claim 16 an the “at least one extension ring”. The Examiner has not been persuaded and maintains the rejection because “extension ring” in the claim is broad and met by the Examiner’s interpretation.
The next argument is towards the rejection of claim 17 and the “mesh drive”. The Examiner has not been persuaded and maintains the rejection because “mesh drive” in the claim is broad and met by the Examiner’s interpretation.
The next argument is towards the rejection of claim 20. However, the amendment has caused the Examiner to reinterpret this part of the rejection [see rejection below].
The final argument is towards claims 21 and 22. The Examiner has found these claims to contain 112(a) and (b) problems. Furthermore, the amendments have necessitated the Examiner to show such features would have been obvious.
Applicant’s arguments towards the rejections of Claim have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made [see rejection below].
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. While the Specification recites “slope correctors”, these are mentioned in the “Background Art” and not the invention itself. Furthermore, “extension rings” are also not disclosed. A locking ring is disclosed but does not appear to be the same as an extension ring. In addition, expansion rings are discussed but again is in the “Background Art”.
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.
Claim 14 recites the limitation "the relative rotational movement". There is insufficient antecedent basis for this limitation in the claim.
Claims 21 and 22 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. These claims depend from claims 11 and 18 respectively that already recited that adjustment is facilitated by manual movement and/or tool engagement. But these claims now call for height adjustment to be facilitated by extension rings and/or stackable slope correctors. It is unclear by which technique the height adjustment is facilitated.
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 11-12 and 14-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 8,156,694 to Knight, III et al.
Regarding claim 11, Knight teaches in Figure 2, a system [assembly (Column 6, Lines 45-46)] for leveling (Column 7, Lines 29-30) a construction surface (Column 1, Line 8) and supporting (Column 1, Line 8) at least one construction element [floor (Column 1, Line 9)], the system comprising at least one pedestal assembly (101) (Column 7, Line 18) comprising: a base (106) (Column 7, Lines 33-34) for supporting the pedestal assembly (101) on a substrate surface [fixed surface (Column 7, Lines 40-42)]; and a body [coupling member (Column 8, Line 42)] comprising a plurality of operably connected (Column 7, Lines 24-27) telescopic members (110/110’), in which a first telescopic member (110) has a drive arrangement (134d) [locking member (Column 9, Line 41)] that unlocks to permit vertical or axial displacement (Column 11, Lines 5-9)], and the body [coupling member] is operatively coupled (Column 7, Lines 35-38) to the base (106); wherein adjustment of a vertical height (Column 7, Lines 28-30) of the pedestal assembly (101) relative to the substrate surface (Column 7, Line 30) is facilitated by: manual movement [operator can adjust (Column 11, Line 22)] of at least one of the plurality of operably connected (Column 7, Lines 24-27) telescopic members (110/110’) of the body [coupling member], and; tool engagement (Column 11, Lines 7-8) with the drive arrangement (134d) of the first telescoping member (110) of the body [coupling member].
Regarding claim 12, Knight teaches in Figure 3, the drive arrangement (134d) of the first telescopic member (110) of the body [coupling member] is accessible via an aperture (170c) [slot (Column 9, Line 62)] of at least the first telescopic member (110) of the body.
Regarding claim 14, Knight teaches in Figure 2, the relative rotational movement (Column 11, Line 20) is assisted by screw thread configuration (Column 9, Line 63) of the telescopic members (110/110’).
Regarding claim 15, Knight teaches in Figure 2, the base (106) comprises a housing (112) [base extension (Column 7, Lines 45-46)] and a base plate (114) (Column 7, Line 46) that are releasably connectable [to one of the telescoping members] for insertion of height extenders [more telescoping members].
Regarding claim 16, Knight teaches in Figure 2, at least one extension ring (142) [support plate (Column 8, Line 14)] adapted for attachment to the pedestal assembly (101).
Regarding claim 17, Knight teaches in Figure 2, the drive arrangement (134d) (Column 9, Line 40) of the first telescoping member (110) is a mesh [locking engagement] drive [the tab engages with the aperture for locking (Column 10, Lines 4-18)].
Regarding claim 18, Knight teaches in Figure 2, a pedestal assembly (Column 6, Lines 45-46) for leveling (Column 7, Lines 29-30) a construction surface (Column 1, Line 8) and supporting (Column 1, Line 8) at least one construction element [floor (Column 1, Line 9)], the pedestal assembly comprising: a base (106) (Column 7, Lines 33-34) for supporting the pedestal assembly (101) on a substrate surface [fixed surface (Column 7, Lines 40-42)]; a body [coupling member (Column 8, Line 42)] comprising a plurality of operably connected (Column 7, Lines 24-27) telescopic members (110/110’), in which a first telescopic member (110) has a drive arrangement (134d) [locking member (Column 9, Line 41)] that unlocks to permit vertical or axial displacement (Column 11, Lines 5-9)], and the body [coupling member] operatively coupled (Column 7, Lines 35-38) to the base (106); wherein adjustment of a vertical height (Column 7, Lines 28-30) of the pedestal assembly (101) relative to the substrate surface (Column 7, Line 30) is facilitated by manual movement [operator can adjust (Column 11, Line 22)] of at least one of the plurality of operably connected (Column 7, Lines 24-27) telescopic members (110/110’) of the body [coupling member], and; tool engagement (Column 11, Lines 7-8) with the drive arrangement (134d) of the first telescoping member (110) of the body [coupling member].
Regarding claim 19, Knight teaches in Figure 3, the drive arrangement (134d) of the first telescopic member (110) of the body [coupling member] is accessible via an aperture (170c) [slot (Column 9, Line 62)] of at least the first telescopic member (110) of the body.
Regarding claim 20, Knight teaches in Figure 2, a kit of parts [assembly (Column 6, Lines 45-46)] for a pedestal assembly (101) (Column 7, Line 18) for leveling (Column 7, Lines 29-30) a construction surface (Column 1, Line 8) and supporting (Column 1, Line 8) at least one construction element [floor (Column 1, Line 9)], the kit or parts comprising: a pedestal assembly base (106) (Column 7, Lines 33-34); a pedestal assembly body [coupling member (Column 8, Line 42)] that is operably couplable (Column 7, Lines 24-27) to the base (106) and comprises one or more telescopic body members (110/110’), each body member (110/110’) operatively connectable or coupleable to another respective telescopic body member (Column 7, Lines 35-38); and: a drive arrangement (134d) [locking member (Column 9, Line 41)] that unlocks to permit vertical or axial displacement (Column 11, Lines 5-9)] operably associated with at least one telescopic body member (110) and which is adapted for tool engagement (Column 11, Lines 7-8) to adjust a vertical height (Column 11, Lines 5-7) of the pedestal assembly (101).
Claims 11, 13, 14, 16-18 and 20-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 7,866,096 to Lee.
Regarding claim 11, Lee teaches in Figures 1 and 2a, a system [arrangement (Column 2, Line 59)] for leveling (Column 8, Lines 45-46) a construction surface [raised floor (Column 8, Line 46)] and supporting at least one construction element [paver (Abstract)], the system comprising at least one pedestal assembly (10) (Column 5, Lines 16-17) comprising: a base (12) (Column 5, Line 20) for supporting the pedestal assembly (10) on a substrate surface (Column 5, Lines 25-26); and a body (20/30) comprising a plurality of operably connected [threadably engaged (Column 5, Lines 53-54)] telescopic (Column 6, Line 10) members (20 and 30) [spacer elements (Column 5, Lines 35-36 and 52-53)] in which a first telescopic member (20) has a drive arrangement [externally threaded (Column 5, Lines 35-36)], and the body (20/30) is operatively coupled [threadably engaged (Column 5, Line 36)] to the base (12); wherein adjustment of a vertical height (Column 5, Lines 16-17) of the pedestal assembly (10) relative to the substrate surface (Column 5, Lines 25-26) is facilitated by manual movement [relative rotation (Column 6, Lines 15-17)] of at least one of the plurality of operably connected telescopic members (20 and 30) of the body (20/30).
Regarding claim 13, Lee teaches in Figures 1 and 2a, each of the base (12), and the plurality of operably connected telescopic members (20 and 30) are operatively coupled [threadably engaged (Column 5, Lines 52-53)] to each other for adjusting the vertical height (Column 5, Lines 16-17) of the pedestal assembly (10) by relative rotational movement (Column 6, Lines 15-17).
Regarding claim 14, Lee teaches in Figures 1 and 2a, relative rotational movement (Column 6, Lines 15-17) is assisted by screw threaded configuration (Column 5, Lines 35-36 and 52-54) of the telescopic members (20 and 30); and the telescopic members (20 and 30) having lugs (26) (Column 5, Line 41) for [capable of] assisting hand or finger engagement by a user (Column 2, Lines 39-41).
Regarding claim 16, Lee teaches in Figure 3, at least one extension ring (106) (Column 7, Line 18) adapted for attachment to the pedestal assembly.
Regarding claim 17, Lee teaches in Figure 2a, the drive arrangement [externally threaded (Column 5, Lines 35-36)] of the first telescopic member (20) is a mesh drive [the threads mesh with the threads inside the base (Column 5, Line 26)].
Regarding claim 21, Lee teaches in Figure 3, extension rings (106) (Column 7, Line 18) and (108) [circular aperture (Column 7, Line 18)] at the top of the pedestal assembly.
Regarding claim 18, Lee teaches in Figures 1 and 2a, a pedestal assembly (10) (Column 5, Lines 16-17) for leveling (Column 8, Lines 45-46) a construction surface [raised floor (Column 8, Line 46)] and supporting at least one construction element [paver (Abstract)], the pedestal assembly (10) comprising: a base (12) (Column 5, Line 20) for supporting the pedestal assembly (10) on a substrate surface (Column 5, Lines 25-26); and a body (20/30) comprising a plurality of operably connected [threadably engaged (Column 5, Lines 53-54)] telescopic (Column 6, Line 10) members (20 and 30) [spacer elements (Column 5, Lines 35-36 and 52-53)] in which a first telescopic member (20) has a drive arrangement [externally threaded (Column 5, Lines 35-36)], and the body (20/30) is operatively coupled [threadably engaged (Column 5, Line 36)] to the base (12); wherein adjustment of a vertical height (Column 5, Lines 16-17) of the pedestal assembly (10) is facilitated by manual movement [relative rotation (Column 6, Lines 15-17)] of the plurality of operably connected telescopic members (20 and 30) of the body (20/30).
Regarding claim 22, Lee teaches in Figure 3, extension rings (106) (Column 7, Line 18) and (108) [circular aperture (Column 7, Line 18)] at the top of the pedestal assembly.
Regarding claim 20, Lee teaches in Figures 1 and 2a, a kit of parts [arrangement (Column 2, Line 59)] for a pedestal assembly (10) (Column 5, Lines 16-17) for leveling (Column 8, Lines 45-46) a construction surface [raised floor (Column 8, Line 46)] and supporting at least one construction element [paver (Abstract)], the kit of parts comprising: a pedestal assembly base (12) (Column 5, Line 20); a pedestal assembly body (20/30) that is operably couplable [threadably engaged (Column 5, Lines 53-54)] to the base (12) and comprises one or more telescopic (Column 6, Line 10) body members (20 and 30) [spacer elements (Column 5, Lines 35-36 and 52-53)], each body member operably connectable or couplable [threadably engaged (Column 5, Line 36)] to another respective telescopic body member (20 and 30); and lugs (26) (Column 5, Line 41) operatively connected to at least one telescopic body (20) and which are adapted to adjust the height (Column 5, Lines 16-17) of the pedestal assembly (10) by manual hand or finger engagement of a user (Column 2, Lines 39-41).
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 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent # 8,156,694 to Knight, III et al in view of US Patent # 9,879,385 to Tabibnia.
Regarding claim 21, Knight teaches a system with height adjustment but does not teach stackable slope correctors adapted for including in the base. However, Tabibnia teaches in Figure 2, stackable slope correctors (2100) [slope compensation disk (Column 13, Line 53)] adapted for including in the base. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Knight with Tabibnia and have a reasonable expectation of success because Tabibnia teaches the slope correctors compensate for the slope of the subsurface (Column 13, Lines 54-55).
Regarding claim 22, Knight teaches a pedestal assembly with height adjustment but does not teach stackable slope correctors adapted for including in the base. However, Tabibnia teaches in Figure 2, stackable slope correctors (2100) [slope compensation disk (Column 13, Line 53)] adapted for including in the base. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Knight with Tabibnia and have a reasonable expectation of success because Tabibnia teaches the slope correctors compensate for the slope of the subsurface (Column 13, Lines 54-55).
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
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