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(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 1-3 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 contains the limitation “upon coupling of a large number of the basic cloth pieces.” It is unclear as to what qualifies as “a large number,” in efforts to further prosecution the limitation will be interpreted as any amount.
Claim 1 contains the limitation “a same shape” it is unclear as to how similar the shape must be in terms of type of shape, lengths of sides, angles etc. In efforts to further the prosecution the limitation will be interpreted as requiring the same type of shape.
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) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 2011/0293875 to Lee.
Regarding Claims 1-3
Lee teaches a foundation cloth piece capable of being coupled to the claimed regular hexagon shaped basic cloth piece comprising a central portion piece having a shape such that triangular portions are arranged with no gap on a periphery of the central portion, and being composed of three adjacent vertices of a hexagon having a same shape as a basic cloth piece (Lee, abstract, paragraph [0014], [0049], fig, 4-5, claim 5). Lee teaches first and second peripheral edges disposed on a peripheral edge of the central portion comprising first and second cuts having a same shape as the basic cloth piece and being able to couple to the respective cuts in the basic cloth piece (Id. Fig 1).
Upon coupling a large number of the basic cloth pieces to the foundation cloth piece gaps would be defined between central portions of adjacent basic cloth pieces (Id., fig. 2-3). The foundation cloth piece would also “rise” by itself on the basis of coupling the adjacent cloth pieces to close the gaps as a function of the resulting geometry. Alternatively, these limitations are intended use limitations as the basic cloth piece is not part of the claimed structure of the foundation cloth piece and only required insofar as that the foundation cloth piece is capable of being coupled to said basic cloth piece. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT A TATESURE whose telephone number is (571)272-5198. The examiner can normally be reached Monday-Friday 7:30AM-4PM EST.
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/VINCENT TATESURE/ Primary Examiner, Art Unit 1786
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