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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/4/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: line 11 recites “a wall panel assembly”. “[A] wall panel assembly” is recited by the preamble of the claim. Line 11 should be amended to reflect antecedent basis of the wall panel assembly. Appropriate correction is required.
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 18 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Secondino, US 2005/0055938.
Regarding claim 18:
Secondino discloses a panel of almost identical construction to the panel of the instant invention as shown in a comparison of the panels reproduced in the figure below. Minor differences that do exist between the panel of the instant invention and the panel of Secondino (e.g. sizes) are not claimed.
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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 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Secondino, US 2005/0055938 in view of Holz, US 5,121,578 and Bauer, US 5,477,645.
Regarding claims 1 and 10:
Secondino clearly discloses a wall panel assembly and a kit for producing the wall panel assembly, comprising:
a plurality of wall panels, each panel having a respective front surface; wherein
the respective front surface includes a respective recess (24) for receiving a mounting bracket (30) to be supported by the panel; and
each panel is interconnected with another panel of the plurality of panels along respective longitudinal edges thereof to establish a wall panel assembly (Fig. 6).
Secondino does not expressly disclose wherein the panels establish an image wherein at least a portion of the respective panel image is defined within the respective recess and wherein the interconnected panels establish a completed image.
Holz discloses a wall panel assembly (16) wherein the panels establish “a decorative look” wherein “the decorative possibilities for the cover are quite extensive” (8th paragraph of the Detailed Description) wherein at least a portion (31, 32 and 34, refer to the 5th paragraph of the Detailed Description – “an additional flat decorative strip is placed in the grooves to provide a cohesive and finished decorative look to the installation”) of the decorative cover is defined within a respective recess (22) and wherein the interconnected panels together establish a decorative surface (refer to Fig. 3).
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art (PHOSITA) to provide decorative coverings as suggested by Holz on the panels including in the recess of Secondino in order to provide an aesthetically pleasing wall covering.
Secondino discloses wherein the decorative possibilities are extensive but does not specify that cooperating panels establish a completed image.
Bauer discloses a wall panel assembly wherein cooperating panels (40A-40J) establish a completed image (refer to Fig. 11 of Bauer).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to provide a decorative surface that is a completed image established by cooperating panels as suggested by Bauer for the decorative wall panel assembly of Holz in view of Secondino in order to provide a graphic image or promotional information upon a wall surface.
Regarding claims 2 and 11:
Secondino discloses wherein the respective recess of each panel extends longitudinally from a first end of the panel to a second, opposite end of the panel.
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Regarding claims 3 and 12:
Secondino discloses wherein each respective panel further includes a first connection structure extending along a first edge of the panel and a second connection structure extending along a second edge of the panel opposite the first edge, wherein the second connection structure of a second panel is inter-engageable with the first connection structure of a first panel adjacent the second panel to interconnect the first and second panels.
Regarding claims 4-5 and 14-15:
Secondino discloses wherein the second connection structure of the second panel includes a cover member (42) having a proximal end joined to the second panel proximate the front surface thereof and a distal end spaced apart from the proximal end, the cover member of the second connection structure covering the first connection structure (29) of the first panel when interconnected therewith, and wherein the front surface of the panel includes a forward facing surface (40) of the cover member;
wherein the respective recess (24) of each panel extends adjacent to, and inboard of, the first connection structure (29) of the panel.
Regarding claims 6 and 16:
Secondino discloses wherein the first connection structure includes a notch (29) in a forward facing surface of the first connection structure along an opening edge of the recess (24), and wherein the second connection structure includes a tab (42) projecting rearwardly from the distal end of the cover member, the tab receivable in the notch in snap-fit when the first and second panels are interconnected.
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Regarding claims 7 and 17:
Secondino discloses wherein the second connection structure includes a retainer (42) projecting rearwardly from the distal end of the cover member, the retainer receivable in the recess (29) adjacent an opening edge thereof when the first and second panels are interconnected.
Regarding claims 8-9 and 13:
Secondino discloses further comprising a plurality of fasteners (22), each fastener having a shank with a point at one end and a head at the opposite end, the fasteners insertable through a portion of the first connection structure of each panel to mount the panels to a wall, wherein the fasteners comprise screws.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Secondino, US 2005/0055938 in view of Bauer, US 5,477,645.
Regarding claim 19:
Secondino does not expressly disclose wherein the front surface defines a panel image and at least a portion of the panel image is displayed on the concealing portion (the concealing portion 40 of Secondino is a continuation of the front surface).
Bauer discloses a wall panel assembly wherein the front surface of cooperating panels (40A-40J) establish a completed panel image (refer to Fig. 11 of Bauer).
Before the effective filing date of the invention, it would have been obvious to a PHOSITA to provide a decorative surface that is a panel image established by cooperating panels as suggested by Bauer for the wall panel assembly of Secondino in order to provide a graphic image or promotional information upon a wall surface. Providing a panel image as suggested by Bauer to the front surface of Secondino would include the concealing portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
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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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/BRENT W HERRING/Primary Examiner, Art Unit 3633
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