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 § 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 1-10 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 claim 1, it is unclear whether the subcombination of the waterproof plate or the combination of the waterproof plate and the basic waterproof plates is being claimed. The claim is drawn to “A waterproof plate” which suggests that the subcombination of only the waterproof plate is being claimed. To the contrary, the claim positively recites that the waterproof plate is connected to the basic waterproof plates and nearly half of the depending claims are related to the basic waterproof plates which suggests that the combination of the waterproof plate and the basic waterproof plates is being claimed. For purposes of examination, the examiner interprets the claim to be drawn to the combination of the waterproof plate and the basic waterproof plates. Further, it is unclear whether “a plurality of basic waterproof plates” in lines 2-3 are the same as, and include, “A waterproof plate” in line 1 or are different because of the similar terminology. For purposes of examination, the examiner interprets the waterproof plate and the basic waterproof plates to be different. Further, it is unclear which basic waterproof plate is meant by “the basic waterproof plate” in line 7 (and repeated throughout the claims) because a plurality of basic waterproof plates are previously recited. Further, the limitation “to be” in line 11 and line 14 makes it unclear whether the following limitation is currently present or only present in the future. Further, the term “highly” in the last line is a relative term which renders the claim indefinite. The term “highly” 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. Examiner interprets claim 1 to mean “A waterproof wall comprising: a plurality of basic waterproof plates connected together to form a wall body, each of the basic waterproof plates comprising a bottom plate that is placed on a ground surface and a wall plate that extends upward from a rear end of the bottom plate; and an end waterproof plate connected to a distal one of the basic waterproof plates at a left or right end of the wall body, the end waterproof plate comprising a boundary bottom plate that is placed on the ground surface and is connected to the bottom plate of the distal basic waterproof plate; a boundary wall plate that extends upward from a rear end of the boundary bottom plate and is connected to the wall plate of the distal basic waterproof plate; and a boundary blocking plate that is coupled to the boundary wall plate and is placed on a boundary ground surface that is formed at a side end of the ground surface and stepped higher upward than the ground surface, wherein the waterproof plate completely blocks the entry of water despite the boundary ground surface being stepped upward at the side end of the ground surface.” Claims 2-10 are rejected for depending from a rejected claim.
Regarding claims 2-5, it is unclear which basic waterproof plate is meant by “the basic waterproof plate” in line 1 because a plurality of basic waterproof plates are previously recited. For purposes of examination, the examiner interprets “the basic waterproof plate” to mean “each of the basic waterproof plates”.
Regarding claim 10, the wording of “detachably attached to the lower end of the boundary blocking plate in a fitting manner” in lines 2-3 is confusing. What is “a fitting manner”? Does this require a mechanical fitting such as a bolt? Does this require specific shapes? Does this simply mean that the elements can contact each other? For purposes of examination, the examiner interprets “detachably attached to the lower end of the boundary blocking plate in a fitting manner” to mean “detachably attached to the lower end of the boundary blocking plate”.
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 1-5 (as best understood) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cao (CN 213233302).
Regarding claim 1, Cao discloses a waterproof plate (e.g. 1, Fig. 1) for a boundary stone, the waterproof plate being connected to and installed at a left or right end of a waterproof wall body that is formed by connecting a plurality of basic waterproof plates (e.g. plurality of 3, similar to Fig. 1, paragraph 0015), each of which comprises a bottom plate that is placed on a ground surface (e.g. 32, Fig.’s 1 and 10) and a wall plate that extends upward from a rear end of the bottom plate (e.g. 31, Fig.’s 1 and 10), and the waterproof plate comprising: a boundary bottom plate that is placed on the ground surface and is connected to the bottom plate of the basic waterproof plate (e.g. 12, Fig.’s 1 and 5); a boundary wall plate that extends upward from a rear end of the boundary bottom plate and is connected to the wall plate of the basic waterproof plate (e.g. 11, Fig.’s 1 and 5); and a boundary blocking plate that is coupled to the boundary wall plate and is placed on a boundary ground surface that is formed at a side end of the ground surface to be stepped higher upward than the ground surface (e.g. 12a is placed on boundary ground surface 22 which is higher than the ground surface that 1 and 3 sit upon, Fig.’s 1, 5 and 9, and/or wherein the ground is not positively recited and 12a is capable of being placed on a higher boundary ground surface because of the step between 12 and 12a, Fig. 5), wherein the waterproof plate completely blocks the entry of water despite the boundary ground surface being formed to be highly stepped upward at the side end of the ground surface (e.g. Fig. 1, paragraph 0032).
Regarding claim 2, Cao further discloses that the basic waterproof plate comprises: a pair of bottom protrusions that protrude upward from the bottom plate and have a height that gradually increases rearward; and a pair of parallel wall protrusions that protrude forward from the wall plate, wherein the wall protrusions are connected to the bottom protrusions (e.g. Fig. 10, similar to 13, Fig. 5).
Regarding claim 3, Cao further discloses that the basic waterproof plate further comprises: an upper protrusion that protrudes forward from the wall plate and connects upper ends of the pair of wall protrusions in a left-right direction (e.g. Fig. 10, similar to 17a, Fig. 5); and a handle hole that is formed therethrough below the upper protrusion (e.g. Fig. 10, similar to 17b, Fig. 5)
Regarding claim 4, Cao further discloses that the basic waterproof plate further comprises a lower protrusion that protrudes forward from the wall plate and connects lower portions of the pair of wall protrusions in a left-right direction (e.g. Fig. 10, similar to 14, Fig. 5).
Regarding claim 5, Cao further discloses that the basic waterproof plate further comprises a gap blocking plate that is coupled to a front end of the bottom plate, wherein the gap blocking plate blocks a gap that is generated between the front end of the bottom plate and the ground surface due to inclination of the ground surface (e.g. strips disclosed but not shown, paragraph 0032).
Allowable Subject Matter
Claims 6-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/S.N.L./Examiner, Art Unit 3678
/AMBER R ANDERSON/Supervisory Patent Examiner, Art Unit 3678
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