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 1-20 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 “…optionally….” Confuses the scope of the claim. The claim is thus indefinite. Depended claims 2-20 are thus also indefinite.
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) 1-14, 18 are is/are rejected under 35 U.S.C. 102a1 as being anticipated by Glavin (WO2021/043778).
Glavin shows an insulating floor system comprising: (i) a grooved base layer (the bottommost layer in figure 2) formed from one or more foam base(insulating foam material) layer grooved portions(the spaces between 15), the grooved base layer including grooves in an upper surface thereof; (ii) a transverse peripheral edge rail(any one of 31, 22), formed from one or more foam transverse peripheral edge rail portions, wherein each of the one or more transverse peripheral edge rail portions include a plurality of downwardly projecting mating protrusions (the parts that go over the grooves between 15) to mate within the grooves of the grooved base layer; a parallel peripheral edge rail formed from one or more foam parallel peripheral edge rail portions, wherein each of the one or more parallel peripheral edge rail portions include a downwardly projecting mating protrusion to mate within a peripheral groove of the grooved base layer(see figure 2); (iii) optionally one or more interior rails formed from one or more foam interior rail portions, wherein at least one of the interior rails is an interior locking
rail, the interior locking rail including one or more interior rail portions including
a plurality of downwardly projecting mating protrusions to mate within terminal
grooves of adjacent base layer grooved portions, locking such adjacent base layer
grooved portions together.
Per claim 2, Glavin further shows the insulating floor system comprises the one or more interior rails formed from one or more foam interior rail portions, wherein at least one of the interior rails is an interior locking rail, the interior locking rail including one or more interior rail portions including a plurality of downwardly projecting mating protrusions to mate within terminal grooves of adjacent base layer grooved portions, locking such adjacent base layer grooved portions together(any of the interior parts 61, 22, 31, 73, 71, 72).
Per claim 3, Glavin further shows the base layer portions are positioned directly on a grade, without any concrete slab, or any underlying concrete footing.
Per claim 4, Glavin further shows the base layer portions include grooves formed in an upper surface, the grooves being formed at even increments so alternating male and female protrusions and grooves are the same size, sized to mate into one another.
Per claim 5, Glavin further shows the system includes at least two transverse peripheral edge rails.(see figures 1-2)
Per claim 6, Glavin further shows the system includes at least two parallel peripheral edge rails (any of the two parallel outer connecting parts).
Per claim 7, Glavin further shows at least one of (i) the transverse peripheral edge rails, (ii) the parallel peripheral edge rails, or (iii) the interior locking rails include a longitudinal channel adjacent a top surface of such rails for receipt of a nailer strip for attachment of a subfloor.
Per claim 8, Glavin further shows the one or more interior rails further comprises one or more additional interior rails that do not lock adjacent base layer grooved portions together, but which include one or more interior rail portions including one or more downwardly projecting mating protrusions to mate within interior grooves of the base layer grooved portions.
Per claim 9, Glavin further shows one or more filler rails extending between adjacent interior rails (any of the rails that is not outer rails).
Per claim 10, Glavin further shows a concrete footing(page 4 line 23) poured between the parallel peripheral edge rail and an adjacent interior rail.
Per claim 11, Glavin further shows a concrete footing poured between (i) the transverse peripheral edge rail and (ii) adjacent ends of the one or more interior rails and the filler rails extending between such interior rails (page 4 line 23).
Per claim 12, Glavin further shows a concrete footing poured between the parallel peripheral edge rail and an adjacent interior rail, wherein the concrete footing extends around a full perimeter of the insulating floor system, wherein the concrete footing is surrounded at bottom and at sides by the base layer and the rails.
Per claim 13, Glavin further shows the interior rails each include a longitudinal channel adjacent a top surface of such rails, each such longitudinal channel housing a nailer strip, the system further comprising a subfloor attached over the interior rails, the subfloor being attached to the interior rails through nails, screws or other fasteners extending through the subfloor into the nailer strip (figure 11).
Per claim 14, Glavin further shows the transverse peripheral edge rails and the parallel peripheral edge rails each include a longitudinal channel adjacent a top surface of such rails, each such longitudinal channel housing a nailer strip (figure 11).
Per claim 18, Glavin further shows a structural tie(page 5 line 15) used to aid in securing the rails in place when secured to the underlying foam base layer.
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) 15-17 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Glavin.
Glavin shows all the claimed limitations except for the rails have a height ranging from about 4 inches to about 4 feet, the rails have a height ranging from about 4 inches to about 12 inches.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Glavin’s structures to show the rails have a height ranging from about 4 inches to about 4 feet, the rails have a height ranging from about 4 inches to about 12 inches since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify Glavin’s structure to show the claimed dimensions to satisfy a particular dimensional design of the building.
Per claim 17, Glaving shows all the claimed limitations except the rails have a
height ranging from about 2 feet to about 4 feet, the system further comprising a crawl
space defined between a top of the grooved base layer and a subfloor attached over a top of the rails.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Glavin’s structures to show the rails have a height ranging from about 2 feet to about 4 feet since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify Glavin’s structure to show the claimed dimensions to satisfy a particular dimensional design of the building, and one having ordinary skill in art would have found it obvious to modify Glavin’s structures to show a crawl space defined between a top of the grooved base layer and a subfloor attached over a top of the rails in order to form a floor that is space from the foundation and thus creating access areas underneath the floor of the building.
Claim(s) 19-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Glavin.
Glavin shows all the claimed limitations except for at least one of the foam base layer portions, or at least one of the foam rail portions are formed from expanded polystyrene beads, at least some of the beads comprising graphite or another
contrast agent, wherein beads comprising graphite or another contrast agent are present in an amount of from 5% to 50% by weight or by volume of the foam base layer portion or foam rail in which they are present.
Glavin further discloses the foam being polysterene (page 4 lines 25-30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Glavin’s structures to show at least one of the foam base layer portions, or at least one of the foam rail portions are formed from expanded polystyrene beads, at least some of the beads comprising graphite or another
contrast agent, wherein beads comprising graphite or another contrast agent are present in an amount of from 5% to 50% by weight or by volume of the foam base layer portion or foam rail in which they are present since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416; one having ordinary skill in the art thus would have found it obvious to choose any readily available insulating material for the forming the base layer as long as it provides the needed insulating property for the foundation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different building insulating designs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHI D Tran whose telephone number is (571)272-6864. The examiner can normally be reached M-F 8-5 EST.
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 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.
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.
/PHI D A/Primary Examiner, Art Unit 3633
Prosecution Insights