DETAILED ACTION
Claim Rejections - 35 USC § 102/103
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.
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.
Claim 1-13 are rejected under 35 U.S.C. 102a1 as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Rudisill et al (US Publication 20210396010).
Rudisill discloses a structural insulated wall and roof sheathing system. The structural panel comprises an OSB oriented strandboard (paragraph 55) with a plurality of strands (paragraph 56). A paper overlay was applied over the substrate to maintain complete coverage (paragraph 105). The paper overlay and substrate are embossed by a mat that is pressed onto the surface under a high temperature (paragraph 113). This is the same method being used within the present invention; therefore, both the paper and wood substrate will be embossed. Further it states that some of the embossments can project into the surface of the panel (paragraph 76). The pattern appears to be a random pattern of raised areas (paragraph 72) with a heigh up to 25mils (paragraph 75). The features of these embossments can be the same or differ in size and shape (paragraph 71), therefore it will read on applicant’s irregular pebbled texture. In the alternative it would have been obvious to have formed an irregular pebbled texture as the shapes and sizes and placement of the embossments can be varied to form a pebbled structure.
As to claims 2 and 3, Rudisill discloses that the elements can be similar or different with a random pattern appearance (paragraphs 71 and 75). Therefore, it would read on applicant’s claim of emulating pebbled stucco and being a random pattern. In the alternative it would have been obvious to have formed a pebbled stucco texture with a random pattern as Rudisill discloses possible patterns being present and it would be an aesthetic design choice to have formed such pattern of a pebbled stucco texture with a random pattern.
As to claims 4-7, Rudisill discloses that the elements have a length and a width with an elongated shape (paragraph 74). Further as seen in figure 4a. the angle at which the elements appear to be would be about 45 degrees. In the alternative it would have been to have modified Rudisill and had the angle for the elements be less than 70 and more than 20 in order to prevent wrinkling and tearing of the paper.
As to claim 8, Rudisill discloses that the distance between the peaks and valleys can be 10/1000 of an inch (paragraph 113).
As to claims 9 and 10, Rudisill discloses first and second textured features within the features can be of similar or different shapes sizes and patterns (paragraphs 71-72. However, is silent to horizonal middle elements with some connected to adjacent high elements. It would have been obvious to one of ordinary skill in the art to have had the first element be the high elements and the second elements be the middle elements as Rudisill discloses that these elements can be different sizes and shapes and therefore would be an aesthetic design choice. As to connecting the middle to the high elements Rudisill teaches that any shape and pattern can be formed and therefore one of ordinary skill in the art could have connected these elements to form an aesthetically pleasing pattern of elements as Rudisill teaches one how to adjust the elements in any desired way of varying the distance and heigh and shape of these elements.
As to claims 11-13, Rudisill disclose that the paper overlay embossed is prevent wrinkling and tearing of the paper (paragraph 105). Therefore, it will inherently prevent underlying telegraphing from the substrate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER M POLLEY whose telephone number is (571)270-5734. The examiner can normally be reached Monday through Friday from 8am till 4:30 pm.
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/CHRISTOPHER M POLLEY/Primary Examiner, Art Unit 1785