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 1-20 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 claims 1, 14 and 17, the recitation of “A concrete skirting assembly” in the preamble renders the claims indefinite because it is not clear if every single component of the assembly is required to be made of concrete thus rendering the scope of the claim unascertainable.
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 1-5, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez US 2020/0277778 A1 (hereinafter ‘Jimenez’) in view of Price US 6,374,552 B1 (hereinafter ‘Price’).
In regard to claim 1, Jimenez teaches a skirting assembly comprising:
a panel (13);
a track base member (12) comprising a front portion and a rear portion, wherein the front portion is configured to be disposed on exterior of the panel and the rear portion is configured to be disposed interior of the panel (as seen in fig. 3), and wherein the front portion and the rear portion are sized and shaped to receive a lower edge portion of the panel therebetween (at 17);
a top trim member (14), the top trip comprising a stepped configuration (note that the member extends down and outwardly at (20) thus creating the stepped configuration) on an interior side thereof that is sized and shaped to form at least one slot (see fig. 3 -Note that there is a slot formed as claimed) between the interior side and the structure when attached to the structure, wherein the at least one slot is sized and shaped to receive a top portion (21) of the panel.
Jimenez does not explicitly teach holes in the top trim member; however, it does teach that the top trim member is attached to the structure via screws or other suitable fasteners (see [0020]). Therefore, it would have been obvious to one of ordinary skill in the art to provide holes in the top trim member so as to enable attaching the trim with fasteners as disclosed.
Jimenez does not explicitly teach a concrete assembly, or a column member configured to be seated on a top surface of the track base member and configured to enclose a seam between the panel and an adjacent panel.
Price teaches a concrete skirting assembly (see col. 3, ln. 54) comprising panels (12) and a column member (16) configured to enclose a seam between the panel and an adjacent panel (see fig. 5).
It would have been obvious to one of ordinary skill in the art to make at least one of the components of Jimenez of concrete, and provide a column member for enclosing a seam and seating at a top of the track base in the same manner that the panels do, as taught by Price, so as to provide a desirable combination of strength, appearance, economy and ease of manufacturing (see Price col. 3, ln. 60). Further, providing column members provides support to the panels (see Price col. 4, ln. 61).
In regard to claim 2, the combination of Jimenez/Price does not explicitly teach one or more vertical holes configured to receive an anchor pin for anchoring the track base member to a ground surface.
The combination does teach the track base member is anchored to the ground with spikes (15 -See Jiminez [0030]).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a hole in the track base member of the combination so as to enable the installation of spike 15 and thus anchor de member to the ground.
In regard to claims 3-5, the combination of Jimenez/Price teaches that the column member is configured to engage with the skirting panel and the adjacent skirting panel (See fig. 5 showing the column member has first and second grooves (36 -see Price fig. 5) extending along the sides thereof and engaging a front surface (22) of the adjacent panels). It would have been obvious that the column member engages the panels of the combination in the same manner that Price’s member does so as to provide the desired support to the assembly.
In regard to claim 8, the combination of Jimenez/Price teaches that at least one slot is sized and shaped to enable formation of a void between a top edge of the top edge portion of the panel and a top wall of the at least one slot. This is a functional limitation met by the combination because the slot is sized and shaped to allow for the formation of a void. i.e. if a shorter panel is used, then the slot would allow for formation of a void.
In regard to claim 9, the combination of Jimenez/Price teaches the front and rear portion of the track base define a channel (Jimenez 17) and wherein the channel is sized and shaped to receive the lower edge portion of the panel (see Jimenez fig. 2-3).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez and Price and in further view of Young US 4,736,559 (hereinafter ‘Young’).
In regard to claim 6, the combination of Jimenez/Price does not explicitly teach the stepped configuration comprising a first and a second steps configured to form, respectively, a first and second slots between the interior side of the top trim and the structure when attached to the structure.
Young teaches a paneling assembly comprising a top trim (9), a panel (10) and a track base member (21). Wherein the top trim member has a stepped configuration comprising a first and a second steps configured to form, respectively, a first and second slots between the interior side of the top trim and the structure when attached to the structure (see fig. 6 -Note that the first slot is for member 7’ and the second slot is for member 10).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a stepped configuration in the top trim member of the combination, as taught by Young, so as to enable the provision of a panel with decorative features when needed.
In regard to claim 7, the combination of Jimenez/Price/Young teaches the claimed invention as the slots in the top trim of the combination are sized and shaped (thus capable) of receiving the top edge portion of the panel and the column (note that the edges of the panel and column would be received in the slots in the same manner that Young discloses in fig. 6).
Claims 10, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez and Price and in further view of Struben US 3,827,201 (hereinafter ‘Struben’).
In regard to claims 10 and 16, the combination of Jimenez/Price does not explicitly teach one or more vertical holes configured to receive an anchor pin for anchoring the track base member to a ground surface and lateral holes configured to receive a fastener for anchoring the panel to the track base member.
The combination does teach the track base member is anchored to the ground with spikes (15 -See Jiminez [0030]).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a hole in the track base member of the combination so as to enable the installation of spike 15 and thus anchor de member to the ground.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a stepped configuration in the top trim member of the combination, as taught by Young, so as to enable the provision of a panel with decorative features when needed.
Struben teaches a skirting assembly comprising panels (12), a top trim member (14) and a track base member (32) comprising one or more vertical holes (38) configured to receive an anchor pin (92) for anchoring the track base member to a ground surface and lateral holes (see col. 3, ln. 39) configured to receive a fastener (48) for anchoring the panel to the track base member.
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a lateral hole in the track base member of the combination, as taught by Struben, so as to further secure the panel to the base track member (note that, although the fastener is not part of the claimed subject matter, the lateral hole is capable of receiving a fastener that extends through the channel).
Claims 11, 17, are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez and Price and in further view of Stanfill US 5,907,933 (hereinafter ‘Stanfill’).
In regard to claim 11, the combination of Jimenez/Price does not explicitly teach the rear portion of the track base member comprises a plurality of protrusions each having an interior face, configured to receive a lower edge portion of the panel therebetween.
Stanfill teaches a skirting assembly comprising panels (20) and a track base member (22) comprising a plurality of protrusions (60) each having an interior flat face (end facing inward) configured to receive the lower edge portion of the panel between the flat face and a front face of the track (see fig. 6).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide plurality of protrusions in the track base member of the combination, as taught by Stanfill, so as to provide further securement of the panel in the bottom track.
In regard to claim 17, Jimenez teaches a skirting assembly comprising:
a panel (13);
a track base member (12) comprising a front section having an interior surface extending along a length of the track base member and a rear section;
a top trim member (14), the top trip comprising a stepped configuration (note that the member extends down and outwardly at (20) thus creating the stepped configuration) on an interior side which is configured to form at least one slot (17) between the interior side and the structure when attached to the structure, wherein the slot is sized and shaped to receive a top portion (21) of the panel.
Jimenez does not explicitly teach holes in the top trim member; however, it does teach that the top trim member is attached to the structure via screws or other suitable fasteners (see [0020]). Therefore, it would have been obvious to one of ordinary skill in the art to provide holes in the top trim member so as to enable attaching the trim with fasteners as disclosed.
Jimenez does not explicitly teach a concrete assembly, or a column member comprising interior and exterior surfaces, the interior surface configured to engage a portion of a front surface of the panel to cover a seam. Jimenez further lacks a plurality of protrusions each having an interior face, configured to receive a lower edge portion of the panel therebetween and a vertical hole for receiving fasteners for attachment of the track base member to an underlying surface.
Price teaches a concrete skirting assembly (see col. 3, ln. 54) comprising panels (12) and a column member (16) configured to enclose a seam between the panel and an adjacent panel (see fig. 5).
It would have been obvious to one of ordinary skill in the art to make at least one of the components of Jimenez of concrete, and provide a column member for enclosing a seam and seating at a top of the track base in the same manner that the panels do, as taught by Price, so as to provide a desirable combination of strength, appearance, economy and ease of manufacturing (see Price col. 3, ln. 60). Further, providing column members provides support to the panels (see Price col. 4, ln. 61).
Stanfill teaches a skirting assembly comprising panels (20) and a track base member (22) comprising a plurality of protrusions (60) each having an interior flat face (end facing inward) configured to receive the lower edge portion of the panel between the flat face and a front face of the track (see fig. 6). The track base comprising one or more vertical holes (52) for attachment of the track base member to an underlying surface.
It would have been obvious to one of ordinary skill in the art to provide a plurality of protrusions and at least one hole in the base track of Jimenez/Price, as taught by Stanfill, so as to lock the panel within the track, and provide hold the track in place along the ground.
Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez and Price and in further view of Brown US 4,219,978 (hereinafter ‘Brown’).
In regard to claim 12, the combination of Jimenez/Price does not explicitly teach a front surface of the top comprises a depression and one or more apertures configures to receive a fastener therethrough.
Jimenez does teach that the top trim member is attached to the structure via screws or other suitable fasteners (see [0020]). Therefore, it would have been obvious to one of ordinary skill in the art to provide holes in the top edge portion of the panel so as to enable attaching the assembly with fasteners as disclosed.
Brown teaches a panel assembly wherein a top edge portion of the panel comprises a depression (70) for receiving a connector plate (46 -see fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a depression in the top edge portion of the panel so as to enable better accommodation of the top trim member and provide more stability to the assembly.
Claim 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez and Price and in further view of Imus et al. US 6,901,709 B2 (hereinafter ‘Imus’).
In regard to claim 13, the combination of Jimenez/Price does not explicitly teach a rear surface of the top edge portion comprises a first raised section and a rear surface of the lower edge portion of the panel comprises a second raised section.
Imus teaches a panel assembly (see fig. 1) comprising a panel (20) wherein a rear surface of the top edge portion comprises a first raised section and a rear surface of the lower edge portion of the panel comprises a second raised section (see profile of the panel in fig. 5).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide raised sections in the top and bottom edge portions of the panel of the combination, as taught by Imus, so as to reinforce the panel at the areas of connection and thus create a sturdy assembly.
Claims 14-15, are rejected under 35 U.S.C. 103 as being unpatentable over F. H. Alcott US 2,000,897 (hereinafter ‘Alcott’).
In regard to claim 14, Alcott teaches an assembly (fig. 1), comprising:
a panel (10);
a column member (other 10) comprising a groove (11) extending along a first side of the edge thereof, the groove sized and shaped to receive a side edge portion (12) of the panel (see fig. 5);
a track base member (14) comprising a channel (17) formed between a front portion and a rear portion, wherein the channel is sized and shaped to receive a lower edge portion (56) of the panel (see fig. 4); and
a top trim member (15) comprising a two-stepped configuration (provided by tongue 16 -See top member on fig. 1) on an interior side thereof which is configured to form a first and second slots between the interior side and the structure when the top trim member is attached to the structure, wherein the first slot is sized and shaped to fit over a top edge portion of the skirting panel and the second slot is sized and shaped to fit overt a top edge portion of the column member (Note that the top member of Alcott meets all the claimed functional limitations because it can be attached to a structure (i.e. roof 37) and forms first and second slots as seen in figs. 1 and 4 -Note that the formed slots are capable of receiving the top edges of the panels and columns as seen in the figures).
Alcott is silent regarding the material of the assembly. It would have been obvious to one of ordinary skill in the art to make at least one of the components of Alcott of concrete, so as to increase the load bearing capacity of the wall intended by Alcott (see col. 1, ln. 37).
In regard to claim 15, Alcott teaches the claimed invention wherein the column member is configured to interlock (via groove and tongue 11/12) with the panel and an adjacent panel (see fig. 1).
Claim 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, Price and Stanfill and in further view of Brown US 4,219,978 (hereinafter ‘Brown’).
In regard to claim 18, the combination of Jimenez/Price/Stanfill does not explicitly teach a front surface of the panel comprises a depression and holes in the depression. Note that neither the connector nor the fastener are part of the claimed subject matter.
Jimenez does teach that the top trim member is attached to the structure via screws or other suitable fasteners (see [0020]). Therefore, it would have been obvious to one of ordinary skill in the art to provide holes on a front surface of the panel so as to enable attaching the assembly with fasteners as disclosed.
Brown teaches a panel assembly wherein a top edge portion of the panel comprises a depression (70) for receiving a connector plate (46 -see fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a depression in the top edge portion of the panel so as to enable better accommodation of the top trim member and provide more stability to the assembly.
Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jimenez, Price and Stanfill, and in further view of Imus et al. US 6,901,709 B2 (hereinafter ‘Imus’).
In regard to claim 19, the combination of Jimenez/Price/Stanfill does not explicitly teach a rear surface of the top edge portion comprises a first raised section and a rear surface of the lower edge portion of the panel comprises a second raised section.
Imus teaches a panel assembly (see fig. 1) comprising a panel (20) wherein a rear surface of the top edge portion comprises a first raised section and a rear surface of the lower edge portion of the panel comprises a second raised section (see profile of the panel in fig. 5).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide raised sections in the top and bottom edge portions of the panel of the combination, as taught by Imus, so as to reinforce the panel at the areas of connection and thus create a sturdy assembly.
In regard to claim 20, the combination of Jimenez/Price/Stanfill/Imus teach the panel is configured for a storage configuration because the panels of the combination are fully capable of being stacked, i.e. put on one on top of each other, and thus meets 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