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 .
Status of Claims
Claims 1-4, 7-12 and 14 as filed on 07/06/2026 are pending and herewith considered as indicated below. Claim 13 has been cancelled as of 08/02/2024 and Claims 5-6 have been cancelled as of 07/06/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2, 7-8, 4, 10-12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Murdock et al. (US 20130019552 A1)(Herein Murdock) in view of Kim Hyung Soon (KR 102156640 B1) and Cook (US 20080222793 A1).
In regards to Claim 1, Murdock Discloses
A lining unit (500) [Fig 9] comprising a bottom part [Unnumbered, Fig 9] (see examiners comments) and side parts (522, 524, Unnumbered) (see examiners comments) standing upright assigned to the bottom part [Unnumbered, Fig 9] (see examiners comments), with the bottom part [Unnumbered, Fig 9] (see examiners comments) formed in one piece [Fig 9, one-piece is not intended to mean monolithic] with at least one side part (522, 524, Unnumbered), wherein the bottom part (Unnumbered, Fig 9] is dimensioned according to a surface of a floor [Unnumbered] (see examiners comments) of the room [Abstract], and wherein the at least one side part (522, 524) is dimensioned according to a surface of a wall [502A, 502B] of the room [Abstract], wherein the side parts (522, 524, Unnumbered) (see examiners comments) completely border the bottom part [Unnumbered, Fig 9] (see examiners comments) the bottom part [Unnumbered, Fig 9] (see examiners comments) and the side parts (522, 524, Unnumbered) (see examiners comments) each have an inner and an outer surface [Fig 9, Inner used to connect to tiles, Outer used to connect to walls (502A, 502B)] , wherein the inner surfaces [Fig 9, Inner used to connect to tiles] of the side parts (522, 524, Unnumbered) (see examiners comments) are further formed with an adherence structure [Fig 10, Showing Butyl Tape, TES and Clear Silicon] [0047, 0055] for an attachment of tiles (132), wherein the side parts (522, 524, Unnumbered) (see examiners comments) further form an angle [Fig 9] with one another in a cross section parallel to the floor [Unnumbered, Fig 9] (see examiners comment) with respect to inner surfaces [Fig 9, Inner used to connect to tiles] of the side parts (522, 524, Unnumbered) (see examiners comments) or outer surfaces [Fig 9, Outer used to connect to walls (502A, 502B)] of the side parts (522, 524, Unnumbered) (see examiners comments) or merge in a rounded manner and have different heights [522, 524, Fig 9, Showing One Height], [Fig 9, Unnumbered, Showing different height], wherein a first side part and a second side part (522, 524) of the side parts (522, 524, Unnumbered) (see examiners comments) have a first height [522, 524, Fig 9, Showing One Height] and a third side part (Unnumbered) (see examiners comments) of the side parts (522, 524, Unnumbered) (see examiners comments), including an the third side part (522, 524, Unnumbered) (see examiners comments) being an opening side part (522, 524, Unnumbered) (see examiners comments), have a second height [Unnumbered, Fig 9, Showing One Height] and, wherein the first height [522, 524, Fig 9, Showing One Height] corresponds to a multiple of the second height [Unnumbered, Fig 9, Showing One Height] [Examiner has interpreted “multiple” as claimed to mean a number that can be divided by a smaller number an exact number of times, as used in a mathematical sense].
However, Murdock fails to disclose
wherein the bottom part and the side parts are made of a waterproof film.
Wherein the lining unit is pre-fabricated as an integral unit for lining a room, such that the bottom part and the at least one side part are permanently integrally connected.
Furthermore, Soon discloses
wherein the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) the side parts (522, 524, Unnumbered, Murdock) (see examiners comments) are made of a waterproof film [Translated Document, Page 3/26, “The starting material can more preferably be a thermoplastic elastomer (TPE) or a thermoplastic elastomer based on polyolefin (for example polyethylene) or optionally consist of a polyurethane plastic.”] [Thermoplastic is known to be waterproof to one of ordinary skill in the art]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include the bottom part and the side parts are made of a waterproof film as disclosed by Soon. When modified, the waterproof film reduces water exiting the lining unit and further providing a redundance factor for water/fluid penetration.
Furthermore, Cook discloses
Wherein the lining unit is pre-fabricated [Abstract] as an integral unit [0091, disclosing Thus, the manufacturing cycle-time per unit is reduced, in regards to the shower module] for lining a room [Abstract, Murdock], such that the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) and the at least one side part (522, 524, Unnumbered, Murdock) (see examiners comments) are permanently integrally connected [0052, “Each sidewall 101, 102, 103, 104 extends vertically from a peripheral edge of the floor 110.”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit by Murdock to further include Wherein the lining unit is pre-fabricated as an integral unit for lining a room, such that the bottom part and the at least one side part are permanently integrally connected as disclosed by Cook. When modified, the pre-fabricated unit as a whole allows for ease of manufacturing and lessens the time of installation in the field (i.e., all parts are installed at the same time in lieu of separate parts at separate times). Additionally, when modified, the permanent integral connection between the floor and side walls allows for ease of useability and installation in the field, allowing anyone to install and use the product as intended.
In regards to Claim 2, Murdock discloses the lining unit (500) [Fig 9] according to Claim 1. However, fails to explicitly disclose wherein the first height exceeds half a dimension of a largest side length of the bottom part and wherein the first height is in a range from 1.50 m up to 2.50 m.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first height of the side wall of Murdock to have a side wall that exceeds half a dimension of a largest side length of the bottom part and wherein the first height is in a range from 1.50 m up to 2.50 m in shape in order to facilitate entry/exit from the lining unit. In general, it has been held that a mere change in shape of a component is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Dailey, 357 F.2d 669, 149. When modified, the change in size allows for entry/exit into the lining unit as intended.
In regards to Claim 7, Murdock as modified discloses the lining unit (500) [Fig 9] according to claim 1. Soon discloses wherein the film (121) [Page 15, Figure not Numbered] is made of polyethylene [See Description of Embodiments, Paragraph 78, “As the non-woven fabric layer 121, not only polyethylene non-woven fabric, polypropylene non-woven fabric, polyester non-woven fabric, PET non-woven fabric, etc. can be used, but also synthetic fibers of various materials such as rayon fiber, nylon fiber, etc. can be carded, heat-sealed, needle punched.”] .
In regards to Claim 8, Murdock as modified discloses the lining unit (500) [Fig 9] according to claim 1. Soon discloses wherein the film (121) [Page 15, Figure not Numbered] is laminated with a non-woven fabric [See Description of Embodiments, Paragraph 78, “As the non-woven fabric layer 121, not only polyethylene non-woven fabric, polypropylene non-woven fabric, polyester non-woven fabric, PET non-woven fabric, etc. can be used, but also synthetic fibers of various materials such as rayon fiber, nylon fiber, etc. can be carded, heat-sealed, needle punched.”] .
In regards to Claim 12, Murdock discloses the (500) [Fig 9] according to claim 1 and the bottom part [Unnumbered, Fig 9] (see examiners comments).
However, fails to disclose wherein the bottom part has a pre-fabricated rectangular shape with a base surface of 80 cm times 80 cm or 90 cm times 90 cm.
Furthermore, Cook discloses
wherein the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) has a pre-fabricated shape [Abstract, Fig 1]
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the bottom part of Murdock to have a pre-fabricated rectangular base surface of 80 cm times 80 cm or 90 cm times 90 cm in shape in order to facilitate ease of installation due to the typical bottom portions are rectangular in shape. In general, it has been held that a mere change in shape of a component is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Dailey, 357 F.2d 669, 149. When modified, the rectangular shape allows for ease of installation and precure due to the readily available shape.
In regards to Claim 14, Murdock as modified discloses the lining unit (500) [Fig 9] according to claim 1. Soon discloses wherein the film (121) [Page 15, Figure not Numbered] is laminated with a polypropylene non-woven fabric on both sides [See Description of Embodiments, Paragraph 78, “As the non-woven fabric layer 121, not only polyethylene non-woven fabric, polypropylene non-woven fabric, polyester non-woven fabric, PET non-woven fabric, etc. can be used, but also synthetic fibers of various materials such as rayon fiber, nylon fiber, etc. can be carded, heat-sealed, needle punched.”]
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Murdock et al. (US 20130019552 A1)(Herein Murdock) in view of Kim Hyung Soon (KR 102156640 B1)(Herein Soon) and O’Connell (US 5205001).
In regards to Claim 3, Murdock discloses
A lining unit (500) [Fig 9], for the shape-corresponding lining of a room [Abstract]
wherein the lining unit (500) [Fig 9], based on a state assembled in the room [Abstract], has a bottom part [Unnumbered, Fig 9] (see examiners comments) and side parts (522, 524, Unnumbered) (see examiners comments) running orthogonally [Fig 9] to the bottom part [Unnumbered, Fig 9] (see examiners comments), wherein the bottom part [Unnumbered, Fig 9] (see examiners comments) transitions seamlessly [Fig 9, Showing Integral] into one of the side parts (522, 524, Unnumbered) (see examiners comments) and wherein respective adjacent side parts (522, 524, Unnumbered) (see examiners comments) are connected to one another via a side seam [unnumbered, Fig 9] (see examiners comment), in an area of a corner [Unnumbered, Fig 9] (see examiners comment) of the bottom part [Unnumbered, Fig 9] (see examiners comments).
Wherein the side seam [unnumbered, Fig 9, Murdock] (see examiners comment) extends in a height direction [Fig 9, see examiners comment] of the side parts (522, 524, Unnumbered, Murdock) (see examiners comments), over an entire height [As shown in Fig 9] of the side parts (522, 524, Unnumbered, Murdock) (see examiners comments), wherein the side seam [unnumbered, Fig 9, Murdock] (see examiners comment) has a constant width perpendicular to the height direction over the entire height [As shown in Fig 9, constant width, Murdock],
However, fails to disclose a film of a thermoplastic material
wherein the side seam is formed by means of two rim areas of adjacent side parts, with one of the rim areas being placed one on top of the another one of the rim areas , wherein one of the rim areas is folded, so that the side seam has a three layers.
and wherein the three layers are formed in the two rim areas are jointly folded over towards one of the two adjacent side parts until the rim area of the one side part abuts against an adjacent subarea of the same side part from outside.
Furthermore, Soon discloses comprising a film (121) [Page 15, Figure not Numbered] of a thermoplastic material [Polyethylene is known as a thermoplastic material].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include a film of a thermoplastic material as disclosed by Soon. When modified, the thermoplastic film reduces water exiting the lining unit and further providing a redundance factor for water/fluid penetration.
Furthermore, O’Connell discloses
wherein the side seam [unnumbered, Fig 9, Murdock] (see examiners comment) is formed by means of two rim areas (33a, 35a) [Fig 6C] of adjacent side parts (522, 524, Unnumbered, Murdock) (see examiners comments), with one of the rim areas (33a, 35a) [Fig 6C] being placed one on top [Fig 6A] of the another one of the rim areas (33a, 35a) [Fig 6C] , wherein one of the rim areas [Fig 6A] is folded, so that the side seam [unnumbered, Fig 9, Murdock] (see examiners comment) has a three layers [Figs 6B and 6C, Showing 3 layers (32, 33A, 35A)].
and wherein the three layers [Figs 6B and 6C, Showing 3 layers (32, 33A, 35A)] are formed in the two rim areas (33a, 35a) [Fig 6C] are jointly folded over [Fig 6A, 6C] towards one of the two adjacent side parts (522, 524, Unnumbered, Murdock) (see examiners comments) until the rim area (33a, 35a) [Fig 6C] of the one side part (522, 524, Unnumbered, Murdock) (see examiners comments) abuts against an adjacent subarea [As Shown in Fig 6A-6C] of the same side part (522, 524, Unnumbered, Murdock) (see examiners comments) from outside [As modified].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include the side seam is formed by means of two rim areas of adjacent side parts, which are placed one on top of the other , wherein one of the rim areas is folded, so that the side seam has a three layers and wherein the three layers are formed in the two rim areas are jointly folded over towards one of the two adjacent side parts until the rim area of the one side part abuts against an adjacent subarea of the same side part from outside. as disclosed by O’Connell. When modified, the side seam with all limitations recited above allows for an additional securing mechanism against water penetration, the side seam as disclosed by O’Connell is an integral formation with no openings.
In regards to Claim 9, Murdock as modified discloses the lining unit (500) [Fig 9] according to claim 3. Soon discloses wherein the film (121) [Page 15, Figure not Numbered] is made of polyethylene and is laminated with a non-woven fabric [See Description of Embodiments, Paragraph 78, “As the non-woven fabric layer 121, not only polyethylene non-woven fabric, polypropylene non-woven fabric, polyester non-woven fabric, PET non-woven fabric, etc. can be used, but also synthetic fibers of various materials such as rayon fiber, nylon fiber, etc. can be carded, heat-sealed, needle punched.”] .
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Murdock et al. (US 20130019552 A1)(Herein Murdock) in view of Kim Hyung Soon (KR 102156640 B1)(Herein Soon) and Jaeger Gebruder (DE 202020104895 U1)
In regards to Claim 4, Murdock discloses
A lining unit (500) [Fig 9], for the shape-corresponding lining of a room [Abstract],
wherein the lining unit (500) [Fig 9], based on a state assembled in the room [Abstract], has a bottom part [Unnumbered, Fig 9] (see examiners comments) and side parts (522, 524, Unnumbered) (see examiners comments) running orthogonally to the bottom part [Unnumbered, Fig 9] (see examiners comments), wherein the bottom part [Unnumbered, Fig 9] transitions seamlessly into the respective side part (522, 524) and wherein respective adjacent side parts (522, 524, Unnumbered) (see examiners comments) are connected to one another via a side seam [unnumbered, Fig 9] (see examiners comment), in particular in the area of a corner [Unnumbered, Fig 9] (see examiners comment) of the bottom part [Unnumbered, Fig 9] (see examiners comments).
However, fails to disclose
comprising a film of a thermoplastic material,
wherein the lining unit has an insertion part in a transition area between the bottom part and at least one of the side parts, for forming an outer corner, wherein the insertion part forms a subarea of the bottom part and a subarea of the at least one side part.
wherein the insertion part is a separate component formed from a film of thermoplastic material and is connected to an adjacent subarea of the bottom part via a bottom seam. wherein the bottom seam is located on the bottom part and not in a corner area of the lining unit , and wherein within the insertion part a seamless transition between the subarea of the bottom part and the subarea of the at least one side part is formed by a mere folding over of the film material of the insertion part, so as to form the outer corner.
Furthermore, Soon discloses comprising a film (121) [Page 15, Figure not Numbered] of a thermoplastic material [Polyethylene is known as a thermoplastic material].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include a film of a thermoplastic material as disclosed by Soon. When modified, the thermoplastic film reduces water exiting the lining unit and further providing a redundance factor for water/fluid penetration.
Furthermore, Gebruder discloses
wherein the lining unit (500, Murdock) [Fig 9] has an insertion part (1) [Fig 6] in a transition area between the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) and at least one of the side parts (522, 524, Unnumbered, Murdock) (see examiners comments) , for forming an outer corner [Translated Document, Page 1/26, Abstract] , wherein the insertion part (1) [Fig 6] forms a subarea (8) [Fig 6] of the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) and a subarea (6, 7) [Fig 6] of the at least one side part (522, 524, Unnumbered, Murdock) (see examiners comments).
wherein the insertion part (1) [Fig 6] is a separate component [As shown in Fig 6, Separate] formed from a film of thermoplastic material [Translated Document, Page 3/26, “The starting material can more preferably be a thermoplastic elastomer (TPE) or a thermoplastic elastomer based on polyolefin (for example polyethylene) or optionally consist of a polyurethane plastic.”] and is connected to an adjacent subarea (8, opposite side) [Fig 6] of the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) via a bottom seam [Unnumbered, Fig 6] [See examiners comment] , wherein the bottom seam [Unnumbered, Fig 6] [See examiners comment] is located on the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) and not in a corner area of the lining unit (500, Murdock) [Fig 9], and wherein within the insertion part (1) [Fig 6] a seamless transition [As shown in Fig 6] between the subarea (8) [Fig 6] of the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) and the subarea (6/7) [Fig 6] of the at least one side part (522, 524, Unnumbered, Murdock) (see examiners comments) is formed by a mere folding over [Preformed, Translated Document, Page 5/26, “While the sealing tape 3 is usually available as a roll product for use, the sealing corners 1, 2 are preferably three-dimensionally shaped plastic injection-molded parts, plastic deep-drawn parts or also parts composed of sections of a roll product, such as is used as sealing tape, for example, with parts assembled at a predetermined angle, preferably an angle α of 90 degrees, mutually aligned and interconnected corner sections 6, 7 or 6 'and 7' and a bottom section 8 running essentially perpendicular to these corner sections 6, 7 or 6 'and 7.”] of the film material of the insertion part (1) [Fig 6], so as to form the outer corner [Translated Document, Page 1/26, Abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include a wherein the lining unit has an insertion part in a transition area between the bottom part and at least one of the side parts, for forming an outer corner, wherein the insertion part forms a subarea of the bottom part and a subarea of the at least one side part wherein the insertion part is a separate component formed from a film of thermoplastic material and is connected to an adjacent subarea of the bottom part via a bottom seam. wherein the bottom seam is located on the bottom part and not in a corner area of the lining unit , and wherein within the insertion part a seamless transition between the subarea of the bottom part and the subarea of the at least one side part is formed by a mere folding over of the film material of the insertion part, so as to form the outer corner as disclosed by Gebruder. When modified, the insertion portion with all limitations allows for sealing and creating a corner piece. As disclosed by Gebruder in the Abstract [ “A sealing corner part (9) intended to form a sealing corner (1, 2), the sealing corner (1, 2) being able to be an outer sealing corner (1) or an inner sealing corner (2), the sealing corner (1, 2) also being for use in sealing in a building, for example on a wall (4) or a floor (5), and to form a predetermined angle (α) connected corner sections (6, 7, 6', 7') and a in the installed state to the corner sections (6, 7, 6', 7') has a bottom section (8) running essentially perpendicularly, characterized in that the sealing corner part (9) has the corner sections connected to form a predetermined, essentially right angle (α). (6, 7, 6', 7') multiple times and that first connected corner sections (6', 7') with the associated bottom section (8) running in an angular outer space (14) of the corner sections (6', 7'). , As an outer sealing corner (1) and second connected corner portions (6, 7) with the associated bottom portion (8) in one Angle interior (15) of the corner sections (6, 7) runs, as an inner sealing corner (2) can be used and that the connected corner sections (6, 7, 6', 7') with the exception of their orientation for use as an outer sealing corner ( 1) or inner sealing corner (2) are dimensionally the same”]
Examiners Interpretation: The phrase “formed by mere folding over” is a product by process phrase. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) MPEP 2113.I
In regards to Claim 10, Murdock as modified discloses the lining unit (500) [Fig 9] according to claim 4,
However, fails to disclose the side seam formed between adjacent side parts and/or the bottom seam connecting the insertion part to the adjacent subarea of the bottom part is welded.
Furthermore, Gebruder discloses wherein the side seam [unnumbered, Fig 9, Murdock] (see examiners comment) formed between adjacent side parts (522, 524, Unnumbered, , Murdock) (see examiners comments) and/or the bottom seam [Unnumbered, Fig 6] [See examiners comment] connecting the insertion part (1) [Fig 6] to the adjacent subarea (8) [Fig 6] of the bottom part [Unnumbered, Fig 9, Murdock] (see examiners comments) is welded [Translated Document, Page 6/26, “The sealing corner part 9 can be made from a plastic sheet as the starting material in a deep-drawing process, alternatively in an injection molding process or consisting of connected individual elements (corner sections and base section), the individual elements being connected to the sealing corner part, for example by ultrasonic welding.”]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include the side seam formed between adjacent side parts and/or the bottom seam connecting the insertion part to the adjacent subarea of the bottom part is welded as disclosed by Gebruder. When modified the welded seam allows for an additional containment of water from escaping. The welded portion provides an additional securing mechanism.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Murdock et al. (US 20130019552 A1)(Herein Murdock) in view of Kim Hyung Soon (KR 102156640 B1), Cook (US 20080222793 A1), and Lavalle (US 5829071)(Herein Lavalle).
In regards to Claim 11, Murdock discloses the lining unit (500) [Fig 9], according to claim1,wherein respective adjacent side parts (522, 524, Unnumbered) (see examiners comments) are connected to one another via a side seam [unnumbered, Fig 9] (see examiners comment), in an area of a corner [Unnumbered, Fig 9] (see examiners comment) of the bottom part [Unnumbered, Fig 9] (see examiners comments). However, fails to disclose wherein the side seam has a depression with depression rim edges , viewed from outside of the lining unit.
Furthermore, Lavalle discloses wherein the side seam [unnumbered, Fig 9, Murdock] (see examiners comment) has a depression (142) [Fig 9] with depression rim edges [Unnumbered, Fig 9, Element 142 edges] ( see examiners comments) , viewed from outside [Fig 9, showing exterior] of the lining unit (500, Murdock) [Fig 9].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lining unit as disclosed by Murdock to include the side seam has a depression with depression rim edges, viewed from outside of the lining unit. When modified, the side seam with the addition of the depression and depression edge rims allows for structural adherence to a wall for further limit movement.
Examiners Comments
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Murdock, Figure 9
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Gebruder, Figure 6
Response to Arguments
Claim Rejections 35 USC 112: Applicant' s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
Claim Rejections 35 USC 103: Applicant' s arguments with respect to all claims have been considered but are not persuasive.
Applicant recites the invention as defined in independent claims 1, 3 or 4 is not taught or suggested by the cited references.
In regards to Murdock, applicant recites: Murdock fails to disclose a bottom part, a flexible film and does not disclose an integral unit where a bottom part and side parts are permanently disclosed.
Examiners Response: Examiner respectively disagrees, Murdock as recited in the above and in the non-final action discloses a bottom part (As shown in Examiners Comment, Figure 9, Murdock). Murdock as recited in the above and non-final action is not relied upon for the following limitations the flexible film and an integral unit where a bottom part and side parts are permanently connected. Furthermore, Soon is relied upon regarding the flexible film limitation and cook is relied upon regarding the integral unit where a bottom part and side parts are permanently connected. Additionally, as recited in the claims only one side part and bottom is required to be integrally permanently connected (as recited in claim 1, “such that a bottom part and the at least one side part are permanently integrally connected”)
In regards to Soon, applicate recites: Soon fails to disclose a prefabricated three-dimensional lining unit with a bottom part and side parts permanently integrally connected. Kim does not teach different heights for side parts, an adherence structure for attachment of tiles and a pre-fabricated room-shaped kit.
Additionally, Applicant recites The making integral doctrine under MPEP 2144.04(V)(B) does not apply here because the integration produces a clear fundamental difference.
Examiners Response: Soon is not relied upon for the following limitations as recited by the applicant. Cook is now relied upon regarding the limitation of a prefabricated lining unit with a bottom part and side parts permanently integrally connected. Murdock is relied upon regarding the limitation different heights for side parts, an adherence structure for attachment of tiles. Additionally, the claims do not require the following limitations a pre-fabricated room-shaped kit and a prefabricated three-dimensional lining unit. The claims do not recite these limitations, the claims only recite a prefabricated lining unit. Additionally, one claim 1 required a prefabricated lining unit, claims 3 and 4 do not require this.
Additionally, the making integral doctrine was not relied upon in the non-final. Furthermore, the combination of Murdock and Soon is not relied upon to disclose a permanently integrally connected lining unit. Cook is now relied upon regarding this limitation (as disclosed in the above).
In regards to O’Connell, Applicant recites: O’Connell does not disclose a three-layer side seam structure formed by jointly folding two rim areas of adjacent side parts in the manner claims. Additionally, applicant recites O’Conner corner folds that converge at the bottom corner and widening towards the top, resulting in a triangular fold geometry.
Examiners Response: Examiner respectively disagrees, as recited in the above O’Connell does in fact disclose this limitation and feature. As disclosed in Fig 6, O’Connell discloses a three-layer side seam structure formed by jointly folding two rim areas of adjacent side parts. As disclosed in [Col 4, Lines 12-19] “there is provided opening wall portion 31 including a front portion 32 and first hinged portion flaps 33a and 33b, each flap 33a or 33b connected along diagonal axis edges 34a and 34b respectively, to further hinged flaps 35a and 35b including reciprocal joints such as snaps 36a and 36b, which joints 36a and 36b are connected to reciprocal joints means 37a and 37b.”
Additionally, O’Connell is not relied upon in regards to the limitation of a side seam with a constant width. Murdock is relied upon for this limitation.
In regards to Van Ravenhorst, Ravenhorst is no longer relied upon to disclose the following limitations, a flexible thermoplastic film, does not disclose an insertion part formed from film material, does not disclose a bottom seam connecting an insertion part to an adjacent subarea of a bottom part, and does not disclose a seamless transition formed by mere folding over of film material. Furthermore, Gebruder as recited in the above is now relied upon to disclose these limitations.
In regards to Kenny, Kenny is no longer relied upon. Furthermore, Gebruder is relied upon regarding the limitation of fails to disclose the side seam formed between adjacent side parts and/or the bottom seam connecting the insertion part to the adjacent subarea of the bottom part is welded.
In regards to Lavalle, Applicant recites: Lavalle fails to disclose a side seam between adjacent side parts and a depression with depression rim edges formed at such seam.
Examiners Response: Examiner respectfully disagrees, Lavalle does indeed disclose a depression with depression rim edges (as recited in the above). The claim only requires a depression with depression rim edges.
Furthermore, in regards to the combination of references listed above In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
