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 .
DETAILED CORRESPONDENCE
This communication is a first Office Action on the Merits. Claims 1-18, as originally filed 20 AUG. 2026, are pending and have been considered as follows; Cl. 3-4 remain withdrawn as previously detailed:
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 20 AUG. 26 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1, 7-10, 2 and 5 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit et al. US 9371643 B2 (Kallweit) in view of WATSON, ANTHONY GB 2428254 A (Watson) Koch et al. US 3736709 A (Koch) and Lammer-Klupazek et al. US 10570613 B2 (Lammer).
As per claim 1 Kallweit teaches a fire-resistant barrier (lock element 10, FIG. 1; see “which is formed from mineral fibres” 6:59) for a structure with a ventilated outer facade (facade 1, FIG. 1), the barrier comprising:
a cassette (lining 14, FIG. 1) comprising force fit material (see “force fit” 7:4; also “exhibits a compressibility” 6:61) in a container,
wherein the cassette maintains the vacuumed mineral wool in a compressed state (see “anchored inside the lock element 10” 7:40-41; this is recognized as a compressed state, as broadly claimed),
wherein the cassette (lining 14, FIG. 1), on at least one side, breaks open or melts (“screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least one side breaks open or melts, as broadly claimed) during a fire (see “screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least “one side” breaks open or melts —because the front side as constructed breaks open or melts—, as broadly claimed), after which the force fit material (see “force fit” 7:4; also “exhibits a compressibility” 6:61) expands due to release from the compressed state (“moves in a direction” 7:37) in a desired direction to close off along a ventilation space (ventilation gap 7, FIG. 1) between the cassette (lining 14, FIG. 1) and the outer facade.
Kallweit does disclose the mineral fibers can be provided with an intumescent coating but fails to explicitly disclose:
the force fit material is vacuumed mineral wool.
wherein the cassette comprises multiple attachment points facing an interior sheet, and
a fuse facing the ventilation space.
Watson teaches vacuum packed and sealed material which expands to fill a gap (see “mineral wool… to expand” abstract, ln. 8-13; also “releasing the vacuum” claim 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit by including the sealing material and vacuum packing of Watson in order to protect the wool against water degradation before it is deployed.
Koch teaches attachment points
wherein the cassette comprises multiple attachment points (see fasteners and attachment points at 40, FIG. 2 and EXRFIG. 2 below) facing an interior sheet (72, FIG. 2 and EXRFIG. 2 below),
PNG
media_image1.png
335
353
media_image1.png
Greyscale
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson by including the fasteners at “attachment points” as taught by Koch in order to secure the assembly..
Lammer teaches a fuse as claimed, specifically:
a fuse facing the ventilation space (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson and Koch by configuring the spacer element with a fuse as taught by Lammer in order to selectively release the compressed material at a pre-selected temperature.
As per claim 7 Kallweit in view of Watson, Koch and Lammer teaches the limitations according to claim 1, and Kallweit further discloses wherein at least one side of the cassette (lining 14, FIG. 1) melts (“screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least one side breaks open or melts, as broadly claimed) away during a fire (see “screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least “one side” breaks open or melts —because the front side as constructed breaks open or melts—, as broadly claimed).
As per claim 8-10 Kallweit in view of Watson, Koch and Lammer teaches the limitations according to claim 1, and Lammer further discloses (Cl. 8) the cassette comprises two plates (see second “plate” proximate 22 and 48, expanded to the right of 20, FIG. 4) which holds the mineral wool under tension and in shape; (Cl. 9) the two plates are held together by the fuse (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50); and (Cl. 10) the fuse is meltable such that during a fire the fuse melts first (see “melts at a corresponding temperature threshold value” 3:60) and the vacuumed mineral wool under tension expands. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson, Koch and Lammer by including a second plate held together by a fuse as taught by Lammer to retain the compressed material which would allow a greater compression —and thus expansion— force.
As per claim 2 Kallweit teaches a method for installing a fire-resistant barrier (lock element 10, FIG. 1; see “which is formed from mineral fibres” 6:59) for a structure with a ventilated outer facade (facade 1, FIG. 1),
wherein the structure comprises an interior sheet (wall 2, FIG. 1) and an outer facade (facade 1, FIG. 1) with thermal insulation (see “insulating layer 3 consisting of insulating elements 4” 6:45) installed between them, and a ventilation space (ventilation gap 7, FIG. 1) between the thermal insulation (see “insulating layer 3 consisting of insulating elements 4” 6:45) and the outer facade, the method comprising:
positioning a cassette (lining 14, FIG. 1) containing force fit material (see “force fit” 7:4; also “exhibits a compressibility” 6:61) adjacent to and supported by (Z-shaped fastening elements 8, FIG. 1; this is recognized as teaching all the elements of FIG. 1 are supported by the facade with wall, as broadly claimed) the interior sheet (wall 2, FIG. 1),
wherein the cassette maintains the vacuumed mineral wool in the compressed state (see “anchored inside the lock element 10” 7:40-41; this is recognized as a compressed state, as broadly claimed),
wherein the cassette (lining 14, FIG. 1) melts (“screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least one side breaks open or melts, as broadly claimed) away on at least one side during a fire (see “screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least “one side” breaks open or melts —because the front side as constructed breaks open or melts—, as broadly claimed), after which the force fit material (see “force fit” 7:4; also “exhibits a compressibility” 6:61) expands (“moves in a direction” 7:37) due to release from the compressed state in a desired direction fully closing off the ventilation space (ventilation gap 7, FIG. 1) between the interior sheet (wall 2, FIG. 1) and the outer facade over an entire length thereof.
Kallweit does disclose the mineral fibers can be provided with an intumescent coating but fails to explicitly disclose:
the force fit material is vacuumed mineral wool in a compressed state, and
wherein the cassette comprises multiple attachment points facing an interior sheet, and
a fuse facing the ventilation space.
Watson teaches vacuum packed and sealed material (see “mineral wool… to expand” abstract, ln. 8-13; also “releasing the vacuum” claim 9) which expands to fill a gap.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit by including the sealing material and vacuum packing of Watson in order to protect the wool against water degradation before it is deployed.
Koch teaches attachment points
wherein the cassette comprises multiple attachment points (see fasteners and attachment points at 40, FIG. 2 and EXRFIG. 2 ) facing an interior sheet (72, FIG. 2 and EXRFIG. 2 below),
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson by including the fasteners at “attachment points” as taught by Koch in order to secure the assembly..
Lammer teaches a fuse as claimed, specifically:
a fuse facing the ventilation space (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson and Koch by configuring the spacer element with a fuse as taught by Lammer in order to selectively release the compressed material at a pre-selected temperature.
As per claim 5 Kallweit in view of Watson, Koch and Lammer teaches the limitations according to claim 2, and Kallweit further discloses wherein the cassette (lining 14, FIG. 1) contains inflammable insulation material installed with a thickness adjusted to the thermal insulation (see “insulating layer 3 consisting of insulating elements 4” 6:45) used in the outer facade (facade 1, FIG. 1)
Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit in view of Watson, Koch and Lammer as applied to claim 1 above, and further in view of Stahl, Jr. US 8826599 B2 (Stahl).
As per claim 6 Kallweit in view of Watson, Koch and Lammer teaches the limitations according to claim 1, but fails to explicitly disclose:
a stretch of tape, wherein the stretch of tape foams when the cassette on at least one side breaks open or melts during a fire.
Stahl teaches it is known to mount members using foamable tape, specifically
a stretch of tape, wherein the stretch of tape foams (“the use of tape having an intumescent component has been applied to the side downwardly extending flanges of the track for firestopping” 1:35) when the cassette on at least one side breaks open or melts during a fire.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson, Koch and Lammer by including the intumescent tape for mounting the sealing element to enhance fire protection.
Claim 11, 13-18 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit in view of Watson, Koch, Lammer and Wilson US 5502937 A.
As per claim 11 Kallweit teaches a fire resistant barrier (lock element 10, FIG. 1; see “which is formed from mineral fibres” 6:59) for a structure, and an exterior configuration (facade 1 with wall 2, FIG. 1) comprising an interior sheet (wall 2, FIG. 1), a thermal insulation (see “insulating layer 3 consisting of insulating elements 4” 6:45) and an outer facade, wherein the thermal insulation (see “insulating layer 3 consisting of insulating elements 4” 6:45) and outer facade are separated by a ventilation space (ventilation gap 7, FIG. 1), the barrier (lock element 10, FIG. 1; see “which is formed from mineral fibres” 6:59) comprising:
a cassette (lining 14, FIG. 1) comprising force fit material (see “force fit” 7:4; also “exhibits a compressibility” 6:61) maintained in a compressed state (see “anchored inside the lock element 10” 7:40-41; this is recognized as a compressed state, as broadly claimed) by the cassette and along the exterior configuration (facade 1 with wall 2, FIG. 1) in line with the thermal insulation (see “insulating layer 3 consisting of insulating elements 4” 6:45);wherein the cassette (lining 14, FIG. 1), on at least one side, is capable of breaking open or melting
Kallweit does disclose the mineral fibers can be provided with an intumescent coating but fails to explicitly disclose:
the force fit material is vacuumed mineral wool maintained in a compressed state by the cassette.
the structure with a floor and a level of the floor, and
wherein the cassette comprises multiple attachment points facing an interior sheet, and
a fuse facing the ventilation space.
Watson teaches vacuum packed and sealed material (see “mineral wool… to expand” abstract, ln. 8-13; also “releasing the vacuum” claim 9) which expands to fill a gap.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit by including the sealing material and vacuum packing of Watson in order to protect the wool against water degradation before it is deployed.
Wilson teaches a ventilated insulated wall capable of receiving the assembly of Kallweit in view of Watson, specifically:
the structure with a floor (floor slab 20, FIG. 11) and a level of the floor (see safing material 14 at a level of the floor slab 20, FIG. 11).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson by substituting the disposition to be at the level of a floor slab as taught by Wilson in order to provide fire protection along a safing slot at a level of a floor.
Koch teaches attachment points
wherein the cassette comprises multiple attachment points (see fasteners and attachment points at 40, FIG. 2 and EXRFIG. 2 ) facing an interior sheet (72, FIG. 2 and EXRFIG. 2 below),
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson and Wilson by including the fasteners at “attachment points” as taught by Koch in order to secure the assembly..
Lammer teaches a fuse as claimed, specifically:
a fuse facing the ventilation space (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson, Wilson, Koch and Lammer by configuring the spacer element with a fuse as taught by Lammer in order to selectively release the compressed material at a pre-selected temperature.
As per claim 13 Kallweit in view of Watson, Wilson, Koch, and Lammer teaches the limitations according to claim 11, and Kallweit further discloses wherein at least one side of the cassette (lining 14, FIG. 1) melts (“screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least one side breaks open or melts, as broadly claimed) away during a fire (see “screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least “one side” breaks open or melts —because the front side as constructed breaks open or melts—, as broadly claimed).
As per claim 14-16 Kallweit in view of Watson, Wilson, Koch, and Lammer teaches the limitations according to claim 11 and Lammer further discloses (Cl. 14) the cassette comprises two plates (see second “plate” proximate 22 and 48, expanded to the right of 20, FIG. 4) which holds the mineral wool under tension and in shape; (Cl. 15) the two plates are held together by the fuse (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50); and (Cl. 16) the fuse is meltable such that during a fire the fuse melts first (see “melts at a corresponding temperature threshold value” 3:60) and the vacuumed mineral wool under tension expands. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson, Wilson, Koch, and Lammer by including a second plate held together by a fuse as taught by Lammer to retain the compressed material which would allow a greater compression —and thus expansion— force.
As per claim 17 Kallweit in view of Watson, Wilson, Koch, and Lammer teaches the limitations according to claim 11, and Kallweit further discloses the cassette (lining 14, FIG. 1), on at least one side, breaks open or melts (“screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least one side breaks open or melts, as broadly claimed) during a fire (see “screw element 17 consists of a plastic which melts” 7:30; this is recognized as at least “one side” breaks open or melts —because the front side as constructed breaks open or melts—, as broadly claimed), the cassette (lining 14, FIG. 1) with expanded mineral wool forms a closed off barrier (lock element 10, FIG. 1; see “which is formed from mineral fibres” 6:59) from the floor to the outer facade.
As per claim 18 Kallweit in view of Watson, Wilson, Koch, and Lammer teaches the limitations according to claim 11, and Kallweit further discloses the cassette (lining 14, FIG. 1) is located adjacent to the floor and has a width about the same as a width of the thermal insulation (see FIG. 1; this is recognized as “about the same” as broadly claimed) when the mineral wool is in a vacuumed state.
Claim 12 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit in view of Watson, Wilson, Koch, and Lammer as applied to claim 11 above, and further in view of Stahl.
As per claim 12 Kallweit in view of Watson, Wilson, Koch, and Lammer teaches the limitations according to claim 11, but the combination but fails to explicitly disclose:
a stretch of tape, wherein the stretch of tape foams when the cassette on at least one side breaks open or melts during a fire.
Stahl teaches it is known to mount members using foamable tape, specifically
a stretch of tape, wherein the stretch of tape foams (“the use of tape having an intumescent component has been applied to the side downwardly extending flanges of the track for firestopping” 1:35) when the cassette on at least one side breaks open or melts during a fire.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Kallweit in view of Watson, Wilson, Koch, and Lammer by including the intumescent tape for mounting the sealing element as taught by Stahl in order to enhance fire protection.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 5-18, 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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JJS/
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
