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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 19 depends from claim 1 and recites the same limitations found in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,715,743 to Schmanski.
Regarding claim 1, Schmanski discloses a floor tile surface with tactile profiles (fig. 2: 22) having a first layer (41 or 51, figs. 4, 5) and second layer (top where 22 generally points)when the second layer wears away, the first layer will become visibly distinguishable.
Claim(s) 1-4, 6, 8-15, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application No. US 2007/0218252 to Donald.
Regarding claim 1, Donald discloses a flooring surface element (title) with tactile profile (blister 22A, fig. 7) the tactile profile having a first layer (fig. 7: layer made of 22) and a second layer (surface layer generally where 22A points, made of 21A material), the first layer is visibly distinguishable from the top, second, layer and when the top, second layer, wears away, the first layer (22) is revealed.
Regarding claim 2, the first layer protrudes a predetermined amount above the floor (it should be noted that a floor may be construed as a substrate used to support the flooring element) as the first element is protruding upward.
Regarding claim 3, the tactile profile is detectable by foot.
Regarding claim 4, the amount is approximately 3mm ([0006] “about 5mm high”) above the floor.
Regarding claim 6, the surface is made of a polymer and aggregate (abstract, polymer mixture with aggregate/particles).
Regarding claim 8, glass is disclosed [0082].
Regarding claim 9, the floor is a tile (abstract).
Regarding claim 10, the tile may be mounted on a surface.
Regarding claim 11, the tactile profile is a blister [0035].
Regarding claim 12, a corduroy profile is disclosed (fig. 11: see lengths 28).
Regarding claim 13, the tactile profiles may guide a pedestrian, as they are felt under foot.
Regarding claims 14 and 15, the tactile profiles may be used in conjunction with a cycle path, because they are obvious and may be seen, they may highlight the track.
Regarding claim 19, claim 19 is rejected for reasons cited in the rejection of claim 1.
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.
Claim(s) 5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2007/0218252 to Donald.
Regarding claim 5, Donald does not explicitly disclose a visible property as being color. However, Donald discloses the use of a separate color [0082] for better visibility. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the color of 22 as this would make construction easier since the various components may be better differentiated. Additionally, it should be noted that these components 22 are of a different material than resin 21A and are most likely a different color, naturally.
Regarding claim 7, the use of a polymer is disclosed (abstract) but not explicitly a polyurethane. The Examiner takes official notice that it is well known in the construction art to use polyurethane, especially for flooring, since polyurethane provides a hard and aesthetic surface and is a material that withstands foot traffic. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use polyurethane as a polymer is called for.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. US 2007/0218252 to Donald in view of U.S. Patent No. 3,989,775 to Jack et al.
Regarding claims 16-18, Jack discloses a glowing (column 12, lines 28-32) beaded material. The beaded material of Donaldson [0082], in an embodiment, does not glow. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Donald by using a glowing material as visibility is required (purposes of illumination, [0082].), the glowing may indicate a pathway which may be for cycles.
Conclusion
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633