DETAILED ACTION
Claim Objections
Claim 1 is objected to because of the following informalities: The “to for a wall section” should read “to form a wall section”. The claims are numbered 1-7 and 10-16, 20-26, and 30. Where are claims 8, 9, 17-19, and 27-29? An appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claim language specified that the turned-up portion is removably secured to the wall panel but this has already been included in Claim 10 from which it depends.. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 1-3, 6, 7, 10-12, 15-16, 20-22, and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Worton (U.S. 10,781585) in view of Wickstrom (U.S. 20150020468).
In re Claim 1, 6, 7, 12, 20, 25, and 26, Worton teaches a plurality of interlocking wall panels (100,102) that interlock at (103a,103b) and are secured to one another to form a wall section, each wall panel having an interior surface and an exterior surface and wherein a plurality of wall sections are secured together to form an interior space of a building. The at least one wall panel includes multiple weep holes (140) in a bottom portion of the at least one wall panel, such that condensation may be drained way from the interior space. (Figure 1-8)
Worton does not teach a floor panel having a substantially planar surface and at least one perimeter portion of the floor panel being turned up, forming a turned-up portion, wherein the turned-up portion is attached to the interior surface of at least one wall panel.
Wickstrom teaches a floor (264) panel having a substantially planar surface (264a) and at least one perimeter portion of the floor panel being turned up (264b), forming a turned-up portion, wherein the turned-up portion is attached to the interior surface of at least one wall panel. There is a curved transition (264c) between the planar portion (264a) of the floor panel and the turned-up portion (264b). (Figure 18)
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Worton with the floor covering/panel of Wickstrom. Floor coverings are decorative, provide foot cushioning, protect subflooring, and provide slip resistance. Floor coverings also facilitate clean-up
In re Claims 2, 11, and 21, Worton modified by Wickstrom has been previously discussed. Wickstrom teaches that the floor covering may extend across an entire room which would mean extending wall to wall. Since Figure 18, shows an upturned potion at one wall, it would therefore be obvious to have upturned portions at the other wall portions around the floor perimeter. Therefore, the turned-up portion of the floor panel would extend around the entire perimeter of the floor panel.
In re Claim 3 and 22, Worton modified by Wickstrom has been previously discussed. As was stated, Wickstrom teaches a floor panel (264) with a turned-up portion (264b) that is attached to the interior of the wall. (Figure 18) If it can be attached, then it is capable of being detached and therefore is removably secure.
In re Claim 10, 12, 15, and 16, Worton teaches a plurality of interlocking wall panels (100,102) that interlock at (103a,103b) and are secured to one another to form a wall section, each wall panel having an interior surface and an exterior surface and wherein a plurality of wall sections are secured together to form an interior space of a building. The at least one wall panel includes multiple weep holes (140) in a bottom portion of the at least one wall panel, such that condensation may be drained way from the interior space. (Figure 1-8)
Worton does not teach a floor panel having a substantially planar surface and at least one perimeter portion of the floor panel being turned up, forming a turned-up portion, wherein the turned-up portion is attached to the interior surface of at least one wall panel.
Wickstrom teaches a floor (264) panel having a substantially planar surface (264a) and at least one perimeter portion of the floor panel being turned up (264b), forming a turned-up portion, wherein the turned-up portion is attached to the interior surface of at least one wall panel. There is a curved transition (264c) between the planar portion (264a) of the floor panel and the turned-up portion (264b). (Figure 18)
Wickstrom teaches a floor panel (264) with a turned-up portion (264b) that is attached to the interior surface of the wall. (Figure 18) If it can be attached, then it is capable of being detached and therefore is removably secure.
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Worton with the floor covering/panel of Wickstrom. Floor coverings are decorative, provide foot cushioning, protect subflooring, and provide slip resistance. Floor coverings also facilitate clean-up.
Allowable Subject Matter
Claim 30 is allowed.
Claims 4, 5, 13, 14, 23, and 24 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to teach or adequately suggest a watershed wall system with the combination of characteristics specified in the claims. Of particular interest are a trough formed between the turned-up portion of the floor panel and the wall panel, wherein the trough directs liquid toward the weep hole that is flush with a bottom surface of the trough. There is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the effective filing date of the claimed invention to modify the prior art to obtain the applicant's invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571) 272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM G BARLOW/ Examiner, Art Unit 3633
/PAOLA AGUDELO/ Primary Examiner, Art Unit 3633
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