DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 19/004,205.
Claims 1-20 are pending.
Claims 1-20 are examined.
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 .
Specification
The abstract of the disclosure is objected to because it exceeds the 150 word limit. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim 1 defines “the finger” in line 7, which renders the claimed invention indefinite since “at least one finger” has been previously defined and one of ordinary skill in the art would not know what finger is being referred to, such as which finger if a plurality of fingers are present, or whether “the finger” refers to each of the at least one finger. For examining purposes and in light of the specification and drawings, “the finger” is considered to refer to each “at least one finger.” Moreover, claims 2-20 are rendered indefinite for depending upon claim 1. Claims 7 and 8 include similar limitations and are similarly rejected and interpreted.
Claim 2 defines “a plurality of fingers,” which renders the claimed invention indefinite since “at least one finger” has already been defined and one of ordinary skill in the art would not know whether such a plurality of fingers is separate from the at least one finger or whether such a plurality of fingers further defines that the at least one finger comprises a plurality of fingers. For examining purposes and in light of the specification and drawings, “a plurality of fingers” is considered to further define the at least one finger comprises a plurality of fingers. Moreover, claims 3-5 are rendered indefinite for depending upon claim 2. Claim 4 includes similar limitations defining “a first/second group of at least one finger” which is similarly rejected and interpreted to define the at least one finger of claim 1 comprises of first and second groups as defined.
Claim 10 defines “a gap is provided between adjacent extensions,” which renders the claimed invention indefinite since only “at least one finger extension” has been defined and one of ordinary skill in the art would not know what “extensions” are being referred back to, such as whether claim 10 is attempting to define such at least one finger extension is now a plurality of finger extensions or whether claim 10 defines that if a plurality of finger extensions are provided, than a notch is provided between them as defined. For examining purposes and in light of the specification and drawings, claim 10 is considered to define that if a plurality of finger extensions are provided, than a V or U-shaped notch is formed between them to form a gap as defined, but such a gap need not be required if only a single finger extension is provided.
Claim 15 defines “their bases,” which renders the claimed invention indefinite since multiple elements have been defined prior to such limitations and none of such limitations have been defined with a base and thus one of ordinary skill in the art would not know what element with what base is being referred back to. For examining purposes and in light of the specification and drawings, each device is considered to comprise of a base which bases are resiliently connected to one another as defined. Claim 16 includes similar limitations and is similarly rejected and interpreted.
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.
Claim(s) 1-5, 9-11, 13, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seto (JP 1161977).
Regarding claim 1, Seto discloses a device for mounting adjacent to a flooring element (see figure 1 at #2), the flooring element having a top surface and a side edge generally perpendicular to the top surface (such a flooring element with top and side edge is not positively defined, where the device of Seto is so configured to be positioned as defined), the device being configured to provide a drain path of water away from the top surface of the flooring element (see figure 1, where apertures #35 are configured to provide such a drain path) and comprising:
a substantially planar body (#29), and
at least one finger (the fingers #27 formed between adjacent openings #35) extending from the main body (see figures 1 and 2) in an orthogonal direction (see figure 2, where the main body extends vertically and the fingers extend horizontally and thus orthogonal thereto),
wherein, when the device is mounted adjacent to the flooring element in use with the main body substantially parallel to the side edge of the flooring element, the finger is configured to extend parallel to and contact the top surface of the flooring element such that a drain path is provided from the top surface of the flooring element, via the finger, to the main body (see figure 2, where the device of Seto is so configured by use of the openings #35 and where such a positioning is not positively defined).
Regarding claim 2, Seto discloses a plurality of fingers extending from the main body in an orthogonal direction (see figures 2 and 1, where a plurality of fingers #27 extend on opposite sides of the main body #27).
Regarding claim 3, Seto discloses the plurality of fingers extends in an orthogonal direction to the same side of the main body (see figures 1 and 2, where the left fingers #27 extend from the left, same side of the main body).
Regarding claim 4, Seto discloses a first group of at least one finger and a second group of at least one finger (the first group can be considered the fingers #27 that extend to the left of figures 1 and 2 and the second group can be considered the fingers #27 that extend to the right in figures 1 and 2), and wherein the at least one finger of the first group extends in an orthogonal direction to a first side (the left side of figure 2) of the main body and the at least one finger of the second group extends in an orthogonal direction to a second side of the main body (the right side of figure 2), opposite the first side (see figures 1 and 2).
Regarding claim 5, Seto discloses the first and second groups each comprise a plurality of fingers, and the plurality of fingers within each group extend to the same side of the main body (see figures 1 and 2, where the fingers are separated by openings #35 and each group extends from the same left or right side of the main body as depicted).
Regarding claim 9, Seto discloses the main body includes at least one finger extension extending parallel to or in the plane of the main body, and wherein the at least one finger extends from the finger extension (for purposes of rejecting claim 9 and its dependencies, the main body can be considered formed by elements #31 and the horizontal portion which elements #31 extend vertically from, where the main body comprises of finger extension #29 such that the finger extension extends vertically and parallel to the vertical U-shaped main body such that the fingers #27 extend from the finger extension and orthogonal thereto).
Regarding claim 10, Seto discloses a gap is provided between adjacent extensions formed by a V-shaped or U-shaped notch in the main body (Claim 9, from which claim 10 depends from, only defines “at least one finger extension” and does not positively define a plurality of such finger extensions are required and thus is considered to define that if a plurality of finger extensions are provided, then a gap is provided therebetween which is formed by a V or U shaped notch as defined. Since Seto teaches a single finger extension, such limitations of claim 10 are considered met since a plurality of extensions are not provided.).
Regarding claim 11, Seto discloses the device includes a retaining projection (#33) extending out of the plane of the main body (see figure 2, where the retaining projection #33 extends outwardly out of the vertical plane of element #27 so as to engage #13 of the flooring element) which is configured to retain the device in the mounted position (see figure 2).
Regarding claim 13, Seto discloses the retaining projection comprises a longitudinally-running projection which extends orthogonally from one side of the main body (the retaining projection can be considered formed by the L-shaped portions extend below the main body #29 so as to comprise of a horizontal portion and element #31 with retainer #33 so as to extend along the longitudinal direction of the device and horizontally/orthogonally from the main body #29).
Regarding claim 20, Seto discloses a flooring system comprising at least one flooring element (#2) and the device as explained above in the rejection of claim 1.
Claim(s) 1, 7, 8, 14-17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoo (KR 101042682).
Regarding claim 1, Yoo discloses a device for mounting adjacent to a flooring element (see figure 2 at #20), the flooring element having a top surface and a side edge generally perpendicular to the top surface (such a flooring element with top and side edge is not positively defined, where the device of Yoo is so configured to be positioned as defined as depicted in figure 2), the device being configured to provide a drain path of water away from the top surface of the flooring element (see figure 2, where space between tops #13 and #13a and aperture #16 are configured to provide such a drain path as defined, where such a positioning is not positively defined) and comprising:
a substantially planar body (#12), and
at least one finger (#13) extending from the main body (see figure 3 or 9) in an orthogonal direction (see figure 4 or 9, where the main body extends vertically and the finger extends horizontally and thus orthogonal thereto),
wherein, when the device is mounted adjacent to the flooring element in use with the main body substantially parallel to the side edge of the flooring element, the finger is configured to extend parallel to and contact the top surface of the flooring element such that a drain path is provided from the top surface of the flooring element, via the finger, to the main body (see figures 4 and 5, where the device of Yoo is so configured to provide a drain path and where such a positioning is not positively defined).
Regarding claim 7, Yoo discloses the finger includes upper and lower surfaces (the top and bottom horizontal surfaces of the finger #13), the lower surface being configured to contact the top surface of the flooring element in use (see figures 1 and 4).
Regarding claim 8, Yoo discloses the upper surface of the finger is angled upwards relative to the upper edge of the main body and wherein the lower surface of the finger is angled upwards relative to the upper edge of the main body (Such claim limitations do not further define the orientation of the device or that the device is provided in use when such surfaces are “angled upwards” relative to the upper edge of the main body. Thus, one can rotate the device of figure 3 or 4 around the z-axis a few degrees so as to have the upper and lower surfaces of the left finger #13 extend angled upwardly relative to the main body and thus meet such limitations as broadly defined).
Regarding claim 14, Yoo discloses an insert for mounting between at least two flooring elements (see figure 4), comprising two or more devices in accordance with claim 1 (see figure 3 or 9, where two devices are attached to one another at a base thereof #11/41 so as to form an insert as broadly defined).
Regarding claim 15, Yoo discloses the two or more devices are resiliently connected at their bases (see figure 3 or 9, where such devices are resiliently attached at their base #11/41 with a living hinge).
Regarding claim 16, Yoo discloses the devices are partially connected at their bases to form a drainage aperture (#16) where the connection is absent (see figures 3 or 9).
Regarding claim 17, Yoo discloses two devices (see figure 3 or 9, where two L-shaped devices are connected together).
Regarding claim 20, Yoo discloses a flooring system comprising at least one flooring element (#20) and the device as explained above in the rejection of claim 1 (see figure 4).
Claim(s) 1-4, 7, 8, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rehau (DE 202009003138).
Regarding claim 1, Rehau discloses a device for mounting adjacent to a flooring element (see figure 1 at #3), the flooring element having a top surface and a side edge generally perpendicular to the top surface (such a flooring element with top and side edge is not positively defined, where the device of Rehau is so configured to be positioned as defined as depicted in figure 1), the device being configured to provide a drain path of water away from the top surface of the flooring element (see figure 2, where space between fingers #16 and #17 and aperture #13 are configured to provide such a drain path) and comprising:
a substantially planar body (#11/12), and
at least one finger (#16/17) extending from the main body (see figure 2) in an orthogonal direction (See figure 1, where the main body can be considered to extend along the z-axis and the finger can extend in the x-y plane and thus orthogonal to the z-axis.),
wherein, when the device is mounted adjacent to the flooring element in use with the main body substantially parallel to the side edge of the flooring element, the finger is configured to extend parallel to and contact the top surface of the flooring element such that a drain path is provided from the top surface of the flooring element, via the finger, to the main body (the device of Rehau can be attached to a flooring element where the topmost surface of the flooring element #3 is directly contacted therewith or the top surface can be considered the top surface of the side groove/bottom flange of the flooring element, which the finger is to directly contact, where water can travel from such a top surface toward the device and then below the main body during use, thus meeting such configured to language, where the positioning and use are not positively defined).
Regarding claim 2, Rehau discloses a plurality of fingers (#16 and #17) extending from the main body in an orthogonal direction (see figure 1 and the explanation above).
Regarding claim 3, Rehau discloses the plurality of fingers extends in an orthogonal direction to the same side of the main body (see figure 2).
Regarding claim 4, Rehau discloses a first group (#16/17) of at least one finger and a second group (#15) of at least one finger, and wherein the at least one finger of the first group extends in an orthogonal direction to a first side of the main body and the at least one finger of the second group extends in an orthogonal direction to a second side of the main body, opposite the first side (see figure 1, where the respective fingers #15 and #16 extend from a respective opposite side of the main body and extends orthogonal to the z-axis extent of the main body).
Regarding claim 7, Rehau discloses the finger includes upper and lower surface (the upper and lower surfaces of figure 2), the lower surface being configured to contact the top surface of the flooring element in use (see figure 1, where the lower surface of the finger is configured to contact the top, upwardly facing surface of the groove of the flooring element, where such a lower surface is also configured to contact a topmost surface of a flooring element provided thereagainst and where such a flooring element is not positively defined).
Regarding claim 8, Rehau discloses the upper surface of the finger is angled upwards relative to the upper edge of the main body and wherein the lower surface of the finger is angled upwards relative to the upper edge of the main body (see figure 1, where the upper and lower surfaces extend at an oblique angle relative to the upper edge of the main body).
Regarding claim 11, Rehau discloses the device includes a retaining projection (#15) extending out of the plane of the main body (see figure 2) which is configured to retain the device in the mounted position (see figure 1).
Regarding claim 12, Rehau discloses the retaining projection extends at an angle relative to the main body of between about 1-20 or 1-10 degrees, or about 5-10 degrees (the middle of page 4 and the middle of page 5 of the English translation disclose the retaining projection #15 can extend at an angle between 1 and 60, preferably 11 degrees, relative to the main body #10, and thus anticipate at least one of such ranges as defined).
Regarding claim 13, Rehau discloses the retaining projection comprises a longitudinally-running projection which extends orthogonally from one side of the main body (the retaining projection #15 can be considered to extend in the x-y plane and thus orthogonal to the z-axis extend of the main body right side #11/12 as defined).
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) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Seto in view of Kim (KR 10-1971133).
Regarding claim 6, Seto discloses the claimed invention except for the finger is wedge-shaped, terminating in a point at the distal end of the main body. However, it is highly well known in the art, as evidenced by Kim, that such panel connectors #100 that are to be positioned between adjacent flooring elements #20 can comprise of a flap/finger #128 which comprises of a rounded lower surface and a horizontal top surface so as to form a wedge to cover an edge portion of the flooring elements #20. See figures 1 and 4. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the fingers of Seto to comprise of a wedge shape that terminates in a point, as taught in Kim, in order to allow for properly engaging flooring elements that have rounded top corners and provide a better connection and seal thereagainst.
Claim(s) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo in view of Tessadori (WO 2008000747).
Regarding claim 18, Yoo discloses the claimed invention except for the main bodies are hinged at the base to form a V-shape. Figures 3 and 4 of Yoo depict such main bodies of the devices form a hinged U-shape instead. However, it is highly well known in the art, as evidenced by Tessadori, that such clips #16 that are to be used to attach tile elements #11 to a support surface can comprise of U-shaped, V-shaped, or C-shaped connectors #20a/b in order to mate within and connect to a groove of the assembly. See figure 10, the abstract, and claim 1. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the shape of the hinged devices of Yoo to comprise of V-shape instead of a U-shape, as taught in Tessadori, since such shapes are known substitutes for one another that would yield the same predictable result of attaching such devices to a slot of the assembly as needed.
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo in view of Park (KR 20180064912).
Regarding claim 19, Yoo discloses the claimed invention except for a plurality of devices are arranged in a cross configuration. However, it is highly well known in the art, as evidenced by Park, that when connecting flooring elements #11 to one another, connectors #20 can be shaped to extend between the edges of two adjacent panels, as depicted in figure 3, or can comprise of a cross-shaped connector #30 so as to cover the corners of four adjacent panels, as depicted in figure 4. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the device of Yoo to be cross-shaped so as to cover the corners of four adjacent panels, as taught in Park, in order to allow four panels to be attached to one another and to the lower support structure at a junction of such panels.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian D Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635
Prosecution Insights