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 § 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.
Claims 1, 2, 11, 13, 15, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stanchfield US20070283654.
Claim 1. Stanchfield discloses a building or construction piece comprising: at least one rabbet joint (Fig.33A and 26) including a shoulder (402a) and cheek (402b); and a curved surface (402c) having a radius in the rabbet joint (as shown in Fig.26 below).
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Claim 2 and 13. Stanchfield discloses construction piece comprising polyvinyl chloride (P.0062).
Claim 11. Stanchfield discloses a first rabbet joint with a first shoulder (402a) and first cheek (402b) and a first curved surface (402c) having a first radius in the first rabbet joint; and a second rabbet joint with a second shoulder and second cheek and a second curved surface having a second radius in the second rabbet joint (mirror opposite of the first rabbet joint shown in Fig.26).
Claim 15, 18, and 20. Stanchfield discloses building or construction piece comprising: a generally planar first outer surface portion (opposite 402b) with an embossing of polyvinyl chloride material (604, Fig.33A, P.0131:5-7 and P.0062:8-10); a first rabbet joint with a first shoulder (402a) and first cheek (402b) and a first curved surface (402c) having a first radius in the first rabbet joint; and a generally planar second outer surface portion (opposite 402b) with an embossing of polyvinyl chloride material (604, Fig.33A, P.0131:5-7 and P.0062:8-10); a second rabbet joint with a second shoulder and second cheek and a second curved surface having a second radius in the second rabbet joint (mirror opposite of the first rabbet joint shown in Fig.26).
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 3, 4, 5, 6, 7, 8, 9, 10, 12, 14, 16, 17, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Stanchfield US20070283654 as applied to claim 1 and 15.
Claim 3, 10, and 14. Stanchfield is silent on further comprising cellular polyvinyl chloride, however it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to form the polyvinyl chloride of cellular polyvinyl chloride with the motivation of achieving a lightweight, expanded form of standard rigid PVC as a premium, low-maintenance alternative to natural wood, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim 4-6, 9, 12, 16, 17, 19, and 21. Stanchfield is silent on the radius is from about 1/16” to about 1/4" or about .250 inches. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide the claimed radius for a particular use case as it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claim 7-9. Stanchfield is silent on the shoulder includes a shoulder length of at least about 0.750 inches and the cheek includes a cheek length of at least about 1.000 inches. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide the claimed lengths for a particular use case as it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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