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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/17/2025 has been entered.
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) 9-15 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Olezyk et al (9464442) in view of Peck (2021922).
Olezyk et al (figures 5b) shows an assembly of two precast exterior cladding panels (102), each of said cladding precast concrete exterior panels having an outer panel face, an inner panel face, an upper panel edge, and a lower panel edge, wherein, when viewed in transverse cross section, the upper panel edge having a surface with a concave protrusion, the lower panel edge having a convex groove and is matingly engageable with the convex upper profile of the upper panel edge, said two precast concrete exterior cladding panels being mounted one above the other to a vertical support structure(502), said vertical support structure (502) having an exterior face such that the full weight of each precast concrete exterior cladding panel is transferred directly into the vertical support structure by panel hanger means(108, 110), a continuous air space is formed between the inner panel faces of the precast concrete exterior cladding panels and the exterior face of the vertical support structure, a vertical gap is provided between the two precast concrete exterior cladding panels, forming an unsealed horizontal joint space between the two precast concrete exterior cladding panels that prevents vertical load transfer between the two precast concrete exterior cladding panels while enabling drainage of water from the horizontal joint space, the outer panel faces of the two precast concrete cladding panels are exposed to the weather.
Olczyk et al does not show the upper panel edge having a surface with a convex protrusion, the lower panel edge having a concave groove and is matingly engageable with the concave upper profile of the upper panel edge, the convex profile on the upper panel edge of the lower one of the two precast panels extends into the concave profile of the lower edge of the upper one of the two panels, so as to visually occlude the horizontal joint space between the two exterior cladding panels.
Peck figures 3-4, shows the upper panel edge(B) having a surface with a convex protrusion, the lower panel (A) edge having a concave groove and is matingly engageable with the concave upper profile of the upper panel edge, the convex profile on the upper panel edge of the lower one of the two precast panels extends into the concave profile of the lower edge of the upper one of the two panels, so as to visually occlude the horizontal joint space between the two exterior cladding panels.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify Olczyk et al’s structure with a reasonable expectation of success to show the upper panel edge having a surface with a convex protrusion, the lower panel edge having a concave groove and is matingly engageable with the concave upper profile of the upper panel edge, the convex profile on the upper panel edge of the lower one of the two precast panels extends into the concave profile of the lower edge of the upper one of the two panels, so as to visually occlude the horizontal joint space between the two exterior cladding panels as taught by Peck in order to smoothy join two panel edges together, and since convex/concave joint would provide the same function of joining panels together as other shaped and ribs, one having ordinary skill in the art would have found it obvious to substitute one shape for another as long as the replacement shape provides the needed functions of joining panels together.
Per claims 10-11, Olczyk et al as taught by Peck further shows the convex profile of the upper panel edge is defined by one or more curved lines (inherently so as the lines together forming the curving line per Peck teaching), the one or more curved lines comprise a circular line.
Per claim 12, Olczyk et al as modified further shows the convex profile of the upper panel edge of each precast concrete exterior cladding panel is defined two or more straight lines(inherently so as the lines together forming the curving line per Peck teaching; see also figure 3 for the different bendings).
Per claim 13, Olczyk et al as modified further shows at least one of the precast concrete exterior cladding panels further has a first panel side edge and a second panel side edge, each having a convex profile that extends from the outer panel face to the inner panel face.
Per claim 14, Olczyk et al as modified further shows at least one of the precast concrete exterior cladding panels further has a first panel side edge and a second panel side edge, each having a concave profile that extends from the outer panel face to the inner panel face.
Per claim 15, Olczyk et al as modified further shows at least one of the precast concrete exterior cladding panels further has a first panel side edge having a convex profile that extends from the outer panel face to the inner panel face, and a second panel side edge having a concave profile that extends from the outer panel face to the inner panel face.
Response to Arguments
Applicant’s arguments with respect to claim(s) 9-15 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.
The Declaration under 37 CFR 1.132 filed 12/17/2025 is sufficient to overcome the rejection of claims 9-15 based upon Yamaguchi.
The newly amended claims, are newly rejected by Olczyk et al in view of Peck.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art shows different cladding panel systems.
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/PHI D A/Primary Examiner, Art Unit 3633