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 7-10 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.
Regarding claim 7, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.
Claims 8-10 are rejected as a result of their dependency from claim 7.
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2014/0026513 to Bishop (“Bishop”).
Regarding claim 1, Bishop in Fig. 3 discloses a deck system comprising: a first flooring board (left board 12) having an upper surface 17, a first side (left side, not shown), and a second side (right side shown in Fig. 3) opposite the first side; a second flooring board (right board 12) having an upper surface, a third side (left side, shown in Fig. 3), and a fourth side (right side, not shown) opposite the third side, the third side of the second flooring board being in spaced apart facing relation with the second side of the first flooring board (see Fig. 3); and a water-resistant strip (plastic strip 3) having a first edge 9 and a second edge 10, the first edge 9 of the strip being secured to the second side of the first flooring board, and the second edge 10 of the strip being secured to the third side of the second of the second flooring board (see Fig. 3).
Regarding claim 2, Bishop discloses that the second side of the first flooring board includes a first recess (14 of left side board 12 is recessed relative to its outer edge side wall at 15) and the third side of the second flooring board includes a second recess (14 of right side board 12 is recessed relative to its outer edge side wall at 15), the first edge 9 of the strip being received within the first recess of the first flooring board, and the second edge 10 of the strip being received within the second recess of the second flooring board.
Regarding claim 3, Bishop discloses that the first recess 14 of the first flooring board is near a middle portion of a side wall 15 of the first flooring board and the second recess 14 of the second flooring board is in a middle portion of a side wall 15 of the second flooring board.
Regarding claim 4, Bishop discloses that the strip 3 is secured to the first flooring board by a first fastener 7 and the strip 3 is secured to the second flooring board by a second fastener 8.
Regarding claim 5, Bishop discloses that at least one of the first fastener and the second fastener includes an adhesive (par 0024) or another material that makes a watertight seal.
Regarding claim 6, Bishop discloses that the first recess 14 is at an upper edge of a side wall of the first flooring board and the second recess 14 is at an upper edge of a side wall of the second flooring board.
Regarding claim 7, Bishop discloses that an upper surface of the first edge of the strip 3 is flush with the upper surface 17 (highest point of strip 3 is flush with 17) of the first flooring board and an upper surface of the second edge of the strip 3 is flush with the upper surface 17 of the second flooring board (highest point of strip 3 is flush with 17), wherein hidden fasteners 2 are used to secure the water-resistant strip to a support structure beneath the deck system.
Regarding claim 8, Bishop discloses that the strip 3 is secured to the first flooring board by a first fastener 7 and the strip is secured to the second flooring board by a second fastener 8.
Regarding claim 9, Bishop discloses that at least one of the first fastener and the second fastener includes an adhesive (par 0024) or another material that makes a watertight seal.
Regarding claim 10, Bishop discloses that the strip 3 has a U-shaped cross when viewed from an end.
Regarding claim 11, Bishop discloses that the water-resistant strip 3 is made of plastic (par 0025), metal, rubber, or a combination thereof or any other material.
Regarding claim 12, Bishop discloses that the water-resistant strip is water-impermeable.
Regarding claim 13, Bishop discloses that at least one of the first flooring board and the second flooring board is made of wood or composite material or any other material (par 002, 003, 005).
Regarding claim 14, Bishop discloses a method of forming a deck, the method comprising: positioning a first flooring board (left board 12) having an upper surface 17, a first side (left side, not shown), and a second side (right side shown in Fig. 3) opposite the first side; positioning a second flooring board (right board 12) having an upper surface, a third side (left side, shown in Fig. 3), and a fourth side (right side, not shown) opposite the third side, the third side of the second flooring board being in spaced apart facing relation with the second side of the first flooring board (see Fig. 3); positioning a water-resistant strip (plastic strip 3) having a first edge 9 and a second edge 10, and securing the first edge 9 of the strip to the second side of the first flooring board, and securing the second edge 10 of the strip to the third side of the second of the second flooring board (see Fig. 3).
Regarding claim 15, Bishop discloses that the second side of the first flooring board includes a first recess (14 of left side board 12 is recessed relative to its outer edge side wall at 15) and the third side of the second flooring board includes a second recess (14 of right side board 12 is recessed relative to its outer edge side wall at 15), the first edge 9 of the strip being received within the first recess of the first flooring board, and the second edge 10 of the strip being received within the second recess of the second flooring board.
Regarding claim 16, Bishop discloses that the first recess 14 of the first flooring board is near a middle portion of a side wall 15 of the first flooring board and the second recess 14 of the second flooring board is in a middle portion of a side wall 15 of the second flooring board.
Regarding claim 17, Bishop discloses that the strip 3 is secured to the first flooring board by a first fastener 7 and the strip 3 is secured to the second flooring board by a second fastener 8.
Regarding claim 18, Bishop discloses that at least one of the first fastener and the second fastener includes an adhesive (par 0024) or another material that makes a watertight seal.
Regarding claim 19, Bishop discloses that the first recess 14 is at an upper edge of a side wall of the first flooring board and the second recess 14 is at an upper edge of a side wall of the second flooring board.
Regarding claim 20, Bishop discloses that an upper surface of the first edge of the strip 3 is flush with the upper surface 17 (highest point of strip 3 is flush with 17) of the first flooring board and an upper surface of the second edge of the strip 3 is flush with the upper surface 17 of the second flooring board (highest point of strip 3 is flush with 17), wherein hidden fasteners 2 are used to secure the water-resistant strip to a support structure beneath the deck system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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