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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/24/2025 was considered by the examiner.
Drawings
New corrected drawings in compliance with 37 CFR 1.121 (d) are required in this application because black and white photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance
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.
Claim 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 8 depends from claim
The term “hook-like shape” in claim 12 is a relative term which renders the claim indefinite. The term “hook-like shape” 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.
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.
Claims 1-10, and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pelc US20170152665 in view of Repasky US20090183442.
Claim 1, 9, 13, 14, and 16. Pelc discloses an elevated pedestal system (20), comprising: a pedestal having a first end portion (at 5) and a second end portion (50) opposite the first end portion, the first end portion being attachable to a floor surface, the pedestal made from a first material; and a head assembly (10) including a first surface portion facing towards the pedestal and a second surface portion (at 32) facing away from the pedestal, the first surface portion includes an attachment member 11 that is cooperatively engageable with an opening (26) on the pedestal, wherein the attachment member includes a head portion (7) and a body portion (11), the head portion engages the opening in the second end portion of the pedestal for tight securement (see Fig.3 and 4B)
Pelc however is silent on a plurality of attachment members that are cooperatively engageable with a plurality of openings on the pedestal, such that when engaged, the plurality of attachment members are concealed or hidden from view, wherein the head assembly is made from a second material being of the same material as the first material of the pedestal.
Repasky before the filing date of the instant invention discloses a pedestal with a head having a plurality of attachment members (38) that are cooperatively engageable with a plurality of openings (40) on the pedestal, such that when engaged, the plurality of attachment members are concealed or hidden from view, wherein the head assembly is made from a second material being of the same material (P.0015 and 0021 – Plastic) as the first material of the pedestal. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to include the bosses and recess of Repasky to the system of Pelc with the motivation of a quick snap in place as taught by Repasky which will result in faster aligning and deployment. Regarding the material being same plastic material, it would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to use rigid plastic such as polyethylene terephthalate, high density polyethylene, polyvinyl chloride, low density polyethylene, or polypropylene for its strength and resistant to corrosion. Furthermore, 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.
Claim 2. Pelc as modified discloses the first end portion of the pedestal includes a flange (between 21 – Pelc and/or 66 – Repasky).
Claim 3. Pelc as modified discloses the flange includes a plurality of openings (21) for receiving a plurality of fasteners to attach the pedestal to the floor surface.
Claim 4. Pelc as modified discloses the second end portion of the pedestal includes a plurality of second openings (43) for receiving a plurality of second fasteners (3).
Claim 5. Pelc as modified discloses the second end portion of the pedestal includes a plurality of third openings for draining fluid away from the second end portion. (claims 4 and 5 of Repasky). It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide the drainage openings of Repasky to the pedestal of Pelc with the motivation of draining fluid away from the system, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 6 and 17. Pelc as modified discloses the pedestal further includes a body portion disposed between the first end portion and the second end portion, wherein the body portion includes a plurality of ribs (50) surrounding thereof. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to include the ribs of Repasky to the body of Pelc for added strength, as a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 7 and 18. Pelc as modified discloses the head assembly includes a center portion for receiving a portion of a floor panel (Fig.5B).
Claim 8 as best understood. Pelc as modified discloses the head assembly includes four spacing tabs (12) extending from the center portion for supporting the floor panel, wherein the four spacing tabs are equidistance from each other (Fig.4A).
Claim 10 and 19. Pelc as modified discloses the attachment member is a two-part component (bosses -38 and recess -40) such that the components can be configured to move with respect to each other.
Claim 15. Pelc as modified discloses raised flooring system comprising a plurality of flooring elements and a plurality of elevated pedestal systems of claim 1 (Fig.5A).
Allowable Subject Matter
Claim 11 and 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.
Claim 12 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.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record fails to teach or adequately suggest the combination of characteristics specified in the independent claim, especially the requirement of a substance concerning the two-part component is configured to move towards each other during insertion of the attachment member, and configured to move away from each at installation, hence there is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BABAJIDE A DEMUREN whose telephone number is (571)270-7017. The examiner can normally be reached Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 5712726754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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