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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-9, 17-20) in the reply filed on 03/12/26 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.
Claims 2-3, 5 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.
In regard to claim 2, the scope of the claim is indefinite because “the guard and gauge section” lacks proper antecedent basis. The claim is interpreted as the wall cladding section being required to protrude over the ventilation section.
In regard to claim 5, the scope of the claim is indefinite because it is unclear how can the plurality of second openings be formed along a line between the second and third edges, when the second openings are being claimed to be formed through the plaster support section which has the first and second edges and it is unclear where the third edge is. Thus, the third edge lacks proper antecedent basis.
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.
Claims 1-2, 4 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bifano et al. US 6,298,609 B1 (hereinafter ‘Bifano’).
In regard to claim 1, Bifano teaches a multi-purpose screed device (610), comprising:
a wall cladding section (414);
a plaster support section (416) connected to the wall cladding section at a first edge (see fig. 14), wherein a plurality of first openings (first row of 634 -fig. 14) and a plurality of second openings (last row of 634) are formed through the plaster support section, the plurality of first openings are closer to the first edge than the second openings (fig. 14), and the plaster support section is substantially planar (fig. 14); and
an end ventilation section (422) connected to the plaster support section at a second edge, wherein a plurality of third openings (446) are formed through the end ventilation section (see fig. 14).
In regard to claim 2, Bifano teaches the claimed invention, as best understood, wherein the wall cladding section protrudes over the ventilation section (as seen in figs. 14 and 15).
In regard to claims 4-5, Bifano teaches the claimed invention, as best understood, wherein the plurality of first openings are formed along the first edge (as seen in fig. 14) and the second openings are formed along a central line between the second edge and third edge (See fig. 14, the other row of openings).
Claims 17 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Powers, III. US 2013/0133284 A1 (hereinafter ‘Powers’).
In regard to claim 17, Powers teaches a cover structure (fig. 8) comprising:
an elongated body (618) having a cross section profile comprising:
a first section (624), a second section (622) connected to the first section, a third section (620) connected to the second section, a fourth section (634) connected to the third section, a fifth section (635) connected to the fourth section, a sixth section (636) connected to the fifth section; and a seventh section (637) connected to the sixth section,
wherein the third and fifth sections are substantially parallel (both are vertical, thus parallel), and a gap exists between the third and the seventh sections (see fig. 8).
Alternatively,
Claims 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by C. H. Powell US 3,206,806 (hereinafter ‘Powell’).
In regard to claim 17 Powell teaches a cover structure (91) comprising:
an elongated body (see fig. 7) having a cross section profile comprising:
a first section; a second section connected to the first section; a third section connected to the second section; and a fourth section connected to the third section, a fifth section connected to the fourth section, a sixth section connected to the fifth section; and a seventh section connected to the sixth section (see annotated figure below);
wherein the third and fifth sections are substantially parallel (both are vertical, thus parallel), and a gap exists between the third and the seventh sections (see fig. 8).
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In regard to claim 18 Powell teaches the claimed invention wherein the third section is substantially vertical, and the first section is substantially horizontal, and the second section is sloped (see figure 8 above).
In regard to claim 19 Powell teaches the claimed invention further comprising an eighth section connected to the seventh section (see fig. 8 above), wherein the eighth section is substantially vertical, and the sixth section is substantially horizontal, and the seventh section is sloped (see figure 8 above).
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 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Maylon in view of Bifano et al. US 6,298,609 B1 (hereinafter ‘Bifano’).
In regard to claim 1, Maylon teaches a multi-purpose screed device (see fig. 6), comprising:
a wall cladding section (310);
a plaster support section (330) connected to the wall cladding section at a first edge (332), a plurality of second openings (390 -fig. 5), wherein the plaster support section is substantially planar (see fig. 6);
an end ventilation section (370) connected to the plaster support section at a second edge (334), wherein a plurality of third openings (390, see [0046]) are formed through the end ventilation section.
Maylon doesn’t explicitly teach a plurality of first openings are formed through the plaster support section, and the plurality of first openings being closer to the first edge than the plurality of second openings.
Bifano teaches a screed device (610 -see fig. 14) comprising a wall cladding section (414) and a plaster support section (416) comprising a plurality of first openings (first line of openings 634 closer to the first edge -wall cladding section- as seen in fig. 14) and a plurality of second openings (middle row of openings 634 as seen in figs. 14 and 15).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide first and second pluralities of openings in the plaster support section of Maylon, as taught by Bifano, so that the rows of openings break the surface tension of accumulated water to prevent water from clinging to the underside of the section so as to enable moisture to escape (see Bifano col. 12, ln., 36).
In regard to claim 2, the combination of Maylon/Bifano teaches the claimed invention, as best understood, wherein the wall cladding section protrudes over the ventilation section (as seen in fig. 6).
In regard to claim 3, the combination of Maylon/Bifano teaches the claimed invention wherein the end ventilation section is substantially perpendicular to the wall cladding section (see Maylon fig. 6 showing elements 310 and 370 are perpendicular to one another).
In regard to claims 4-5, the combination of Maylon/Bifano teaches the claimed invention, as best understood, wherein the plurality of first openings are formed along the first edge (as seen in fig. 14 of Bifano). Note that the plurality of second openings of Bifano are formed along a central line of plate 416. Thus, it would have been obvious to provide the second plurality of openings along a central line of section 330, as taught by Bifano, between the second and third edges, so as to maximize the prevention of moisture accumulation.
In regard to claim 6, the combination of Maylon/Bifano teaches the claimed invention further comprising a guard and gauge section ( Maylon 339/340 portion) connected to the end ventilation section at a third edge (Maylon 372).
In regard to claim 7, the combination of Maylon/Bifano teaches the claimed invention wherein the guard and gauge section folds over the end ventilation section along the third edge (See fig. 6) and the guard and gauge section is substantially parallel to the end ventilation section (note that portion 340 of the guard and gauge section is parallel the end ventilation section thus being substantially parallel).
In regard to claims 8 and 9, the combination of Maylon/Bifano teaches the claimed invention wherein the wall cladding section and the plaster supporting section form an angle that is greater than 90 degrees (see Maylon [0027]) but it does not explicitly teach the value of the angle.
Wherein, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to arrive at a value within the claimed range (between 120 and 150 degrees) as a matter of routine experimentation so as to provide proper escape surface for moisture. See MPEP 2144.05. (In the instant case, angle differences will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such angle is critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)).
Allowable Subject Matter
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not teach or suggests a device as recited in claim 17 wherein the fourth and sixth sections are substantially vertical, the first section is higher than the fourth and the sixth section is higher than the first as recited within the context of the claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/PAOLA AGUDELO/Primary Examiner, Art Unit 3633