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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/17/2025 has been entered.
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 and 4-17 are rejected under 35 U.S.C. 103 as being unpatentable over USPAP 2020/0245845 to Klug in view of USDP D924,515 to Levi, USDP D773,142 to Green and QVC Total Rack 6-in-1 Multi-Function Expandable Kitchen Rack Webpage and You Tube Video (hereinafter referred to as QVC).
Claims 1, 6, 7 and 17, Klug discloses a drying implement, comprising: a first panel that comprises a diatomaceous earth slab and a resilient slab covering, the resilient slab covering comprising a mesh of openings that allow water from an article placed on the resilient slab covering to drip through the mesh of openings, onto the diatomaceous earth slab (see entire document including [0007]-[0013], [0035], [0045] and the Figures).
Klug does not appear to mention coupling the first panel with a second panel wherein the second panel comprises a plurality of cross pieces that are coated/overmolded with a resilient second covering, but Klug does disclose that the first panel may be placed on a countertop adjacent a sink (Figure 2). Levi and QVC each disclose an over-the-sink rack comprising a plurality of end coated/overmolded cross pieces (see entire documents including the Figures) and Green discloses that it is known in the art to combine a drying mat and rack (see entire document including the title and Figures 1 and 2). Therefore, it would have been obvious to one having ordinary skill in the art to couple the countertop drying mat of Klug and the over-the-sink rack of Levi and/or QVC to provide a unitary product with the benefits of both a drying mat and sink rack.
Claims 4 and 5, QVC discloses that the plurality of cross pieces comprise stainless steel (item description and video).
Claims 7 and 17, Levi and QVC each teach that the rack is configured to facilitate rolling and unrolling (Figures of Levi and QVC and item description of QVC).
Claim 8, the resilient slab covering is configured to at least partially and removably encase the diatomaceous earth slab; and has a top surface, side edges and at least one of a bottom lip, a pocket or a strap; and wherein the at least one of the bottom lip, the pocket or the strap is configured to secure the resilient slab covering to the diatomaceous earth slab ([0007]-[0013]).
Claim 9, the top surface comprises a mesh of ribs that form a plurality of apertures that are configured to allow liquid to drain from an object disposed on the resilient slab covering, through the apertures, to the diatomaceous earth slab ([0007]-[0013]).
Claim 10, Klug does not appear to mention the specific mesh opening size but does disclose that the size of the voids can be selected to allow moisture to drip onto the absorptive layer [0500]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make the openings with any suitable size, such as claimed, because it is within the general skill of a worker in the art to select an opening size on the basis of its suitability and desired characteristics.
Claims 11 and 12, the resilient slab covering of Klug is made of silicone [0009] and the resilient second covering of QVC is also made of silicone (item description and video).
Claims 13 and 14, Klug discloses that the molded silicone material may have a durometer of about 45 [0009].
Claims 15-17, the cross pieces of Levi have a rectangular cross-sectional profile (Figures).
Response to Arguments
Applicant's arguments filed 9/17/2025 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T PIZIALI whose telephone number is (571)272-1541. The examiner can normally be reached Monday-Thursday 7am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marla McConnell can be reached on 571-270-7692. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T PIZIALI/Primary Examiner, Art Unit 1789
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