Prosecution Insights
Last updated: October 21, 2026
Application No. 17/062,398

Insulatable Cementitious Building Block

Final Rejection §102
Filed
Oct 02, 2020
Priority
Oct 07, 2019 — provisional 62/911,205
Examiner
FERENCE, JAMES M
Art Unit
3635
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
None recorded (individual inventor: Edward Mitchell Weinmann)
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
820 granted / 1151 resolved
+19.2% vs TC avg
Strong +17% interview lift
Without
With
+16.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
42 currently pending
Career history
1188
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
40.3%
+0.3% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
29.9%
-10.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1151 resolved cases

Office Action

§102
DETAILED ACTION This Office action is a reply to the amendment filed on 6/5/2026. Currently, claims 1-2 and 4-5 are pending. Claim 3 has been cancelled. No claims have been withdrawn. No new claims have been added. Drawings The drawings are objected to because of the following informalities: the callout lines in Figs. 1-3 are faded; this objection can be overcome by making the callout lines in a black font like the rest of the drawings; the size of the reference characters, especially “1” are not to scale and out of proportion; this objection can be overcome by resizing the reference characters to be scaled appropriately and in a black font; and Figure 2 is missing a title; this objection can be overcome by inserting a title, such as “Figure 2” in the drawing. 37 CFR 1.84(l) (m) and (p)(1). 37 CFR 1.84(l) recites, “[a]ll drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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) 1-2 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hanson et al. (US 5024035) (‘Hanson’). Claim 1, Hanson provides a preformed substantially rectangular building block (100; Figs. 8-9) for constructing walls that may be insulated with preformed inserts that are placed within the preformed substantially rectangular building blocks during construction (note that the walls and the inserts are not positively recited and thus not required, but that Hanson’s preformed substantially rectangular building block is nonetheless suitable to construct walls that may be insulated with performed inserts that are placed within the preformed substantially rectangular building blocks during construction col. 4, lines 54-67 and col. 5, lines 1-29; Figs. 8-9), comprising: a first sidewall 102 and a second sidewall 104, each having a height (Fig. 8), wherein the height of the first sidewall and the height of the second sidewall are equal (the height of 102 and the height of 104 are equal Fig. 8), a middle lineal wall 106 situated between the first sidewall and second sidewall, wherein the middle lineal wall is connected to the first sidewall and the second sidewall (106 is connected to 102 and 104; Fig. 8), wherein the first sidewall, the second sidewall, and the middle lineal wall, all share a bottom surface plane (102, 104, 106 all share a bottom surface plane; Fig. 8), and wherein the middle lineal wall has a height that is shorter than the height of the first sidewall and the height of the second sidewall (Fig. 8). Claim 2, Hanson further provides wherein the preformed substantially rectangular building block has openings (113, 114; Fig. 8) allowing for reinforcement and insulation (the openings are suitable to receive reinforcement and insulation; Fig. 9). Claim 4, Hanson further provides wherein the preformed substantially rectangular building block allows for installation of horizontal reinforcement bars (the preformed substantially rectangular building block is suitable to permit installation of horizontal reinforcement bars 145, 146). Claim 5, Hanson further provides wherein the preformed substantially rectangular building block allows for routing electrical conduit and plumbing pipes without cutting the preformed substantially rectangular building block (the preformed substantially rectangular building block is suitable to permit routing electrical conduit and plumbing pipes without cutting the preformed substantially rectangular building block; col. 5, lines 65-68; Fig. 9). Response to Arguments Applicant’s arguments with respect to claim(s) 1-2 and 4-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alsayed et al. (US 20130333313) and Al-Salloum et al. (US 20160145864) each teaches substantially all of the limitations of claims 1-2 and 4-5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm. 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 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. JAMES M. FERENCE Primary Examiner Art Unit 3635 /JAMES M FERENCE/Primary Examiner, Art Unit 3635
Read full office action

Prosecution Timeline

Oct 02, 2020
Application Filed
Aug 09, 2021
Non-Final Rejection mailed — §102
Feb 25, 2022
Response after Non-Final Action
Jun 05, 2026
Response Filed
Oct 09, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
88%
With Interview (+16.8%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1151 resolved cases by this examiner. Grant probability derived from career allowance rate.

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