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 1-20 are pending and subject to examination in this Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 August 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
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.
Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 8, the relative term “generally” is recited which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this regard, the Examiner suggests deleting this relative term.
Claim Rejections - 35 USC § 102
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 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 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.
Claims 1-3, 7-12 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Fowler (U.S. Patent No. 6,260,328).
Regarding independent claims 1, 11 and 19, and dependent claims 2 and 20, Fowler describes an end cap device/method comprising:
a body (12) shaped to fit around an end (16) of a decking board (17; Fig. 3), the body comprised of:
a side wall (see e.g., Figs. 1A, 2 and 3);
a top wall (see e.g., Figs. 1A, 2 and 3); and
a fastener (col. 4, ll. 19-23).
Regarding claims 3 and 12, wherein the fastener is positioned on a bottom surface of a top wall of the body (col. 4, ll. 19-23).
Regarding claims 7 and 16, wherein the body is comprised of a treated wood, a wood, a hardwood, a composite wood, a plastic, a PVC, or a vinyl (col. 3, ll. 40-43).
Regarding claim 8, wherein the body is comprised of a generally rectangular shape (see e.g., Figs. 1A, 2 and 3).
Regarding claims 9 and 17, wherein the body is comprised of an indicia (22).
Regarding claims 10 and 18, wherein the indicia is comprised of a color, a texture, a pattern, or a wood grain (i.e., wood grain markings 22).
Claims 1-8, 11-16, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Kain (U.S. Patent Application Publication No. 2004/0088934).
Regarding independent claims 1, 11 and 19, and dependent claims 2 and 20, Kain describes an end cap device/method comprising:
a body (40) shaped to fit around an end (13) of a decking board (11; Fig. 3), the body comprised of:
a side wall (48);
a top wall (46); and
a fastener (49).
Regarding claims 3 and 12, wherein the fastener is positioned in the region of a bottom surface of a top wall of the body (Figs. 3, 6 and 7).
Regarding claims 4 and 13, wherein the fastener is comprised of an adhesive fastener (61; ¶ [0036]).
Regarding claims 5 and 14, wherein the fastener is positioned on an interior surface of the side wall (Figs. 3, 6 and 7).
Regarding claims 6 and 15, wherein the fastener is comprised of an adhesive fastener (61; ¶ [0036]).
Regarding claims 7 and 16, wherein the body is comprised of a treated wood, a wood, a hardwood, a composite wood, a plastic, a PVC, or a vinyl (42; ¶ [0031]).
Regarding claim 8, wherein the body is comprised of a generally rectangular shape (Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
Authorization for Email Communication – In the event Applicant wishes to communicate with the Examiner via electronic mail, written authorization should be provided in Applicant’s next response. See MPEP § 502.03. The following is a sample authorization form which may be used by Applicant:
Recognizing that Internet communications are not secure, we hereby authorize the USPTO to communicate with any authorized representative concerning any subject matter of this application by electronic mail. We understand that a copy of these communications will be made of record in the application file.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY MINTZ whose telephone number is (571)270-7327. The examiner can normally be reached on M-Th 0730 - 1630 EST.
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/RODNEY MINTZ/Primary Examiner, Art Unit 3635