DETAILED ACTION
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 2, 5, 14 and 15, the phrase “not greater than about” is indefinite because the exact scope is unclear. The measurement can be “not greater than” or “about,” but not both.
Regarding each of claims 13 and 20, there are multiple instances of unclear antecedent basis. Looking to line 1, for example, “a top hook” is also recited in parent claims 12 and 19, respectively. If these are to be the same top hook, claims 13 and 19 must recite “the” or “said” preceding “hook.” Conversely, if this is a separate hook, distinguishing term(s) such as “first” and “second” must be used. Note this is one example only, and not a comprehensive list from these claims.
Claims 3, 4, 6, 7-12 and 16-19 are rejected because of their dependency on either claim 1 or 14.
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, 4-14 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clayton et al. (U.S. Patent 3,301,147).
Clayton discloses a kit for airfield matting (Figure 1) including a plurality of panels (P) having a rectangular mat core (Figure 3, for example) and complementary side and end connectors (10, 11, B). Clayton discloses 72 inch panels (column 3, line 3).
Regarding claims 7 and 10, the extruded aluminum meets the claim recitations. Because the material and core configurations are the same, claim 4 recitations are deemed to be met. Because the size is within the claimed range, the recitations of claim 5 are also deemed to be met.
Regarding claims 6, 12 and 16, see Figure 5.
Regarding claims 8 and 17, the unitary structure of Clayton could have been formed in the manner claimed. This is all that is necessary to meet the process recitations.
Regarding claims 9, 11 and 18, Clayton teaches welding the connectors (column 4, lines 55-57), which is sufficient to meet the process recitations.
Regarding claims 13 and 20, see Figure 7, for example.
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 2-13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Clayton et al., as applied above.
Regarding the size, this is not patentably distinguishing subject matter. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used any size best suited to a terrain, use (aircraft characteristics, for example), etc.
As discussed above, Clayton is deemed to meet the material recitations. Further, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used the claimed material, since it exactly fits within the scope of the materials disclosed by Clayton (column 2, lines 23-29).
Clayton meets the recitations regarding the connectors. Further, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have used any known connector suitable for connecting adjacent mats in order to suit a terrain, use, etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach connectable mats.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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GARY S. HARTMANN
Primary Examiner
Art Unit 3671
/GARY S HARTMANN/Primary Examiner, Art Unit 3671
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