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 second Office Action on the Merits. Claims 1-18, as amended 08 JAN. 2026, are pending and have been considered as follows; Cl. 3-4 remain withdrawn as previously detailed:
Claim Objections
Claim 5 objected to because of the following informalities:
Cl. 5 ln. 2: after “thickness adjusted to the thermal insulation used in the” insert --outer-- to make clear no additional façade is being introduced.
Appropriate correction is required.
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, 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).
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.
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 in order to protect the wool against water degradation before it is deployed.
As per claim 7 Kallweit in view of Watson 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 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.
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 in order to protect the wool against water degradation before it is deployed.
As per claim 5 Kallweit in view of Watson 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 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 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 by including the intumescent tape for mounting the sealing element to enhance fire protection.
Claim 8-10 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit in view of Watson as applied to claim 1 above and further in view of Lammer-Klupazek et al. US 10570613 B2 (Lammer).
As per claim 8-10 Kallweit in view of Watson teaches the limitations according to claim 1, and further discloses “moves in a direction” (7:37) but the combination but fails to explicitly disclose:
(Cl. 8) a second plate holds the mineral wool under tension and in shape
(Cl. 9) the two plates are held together by a fuse
(Cl. 10) the fuse is meltable such that during a fire the fuse melts and the vacuumed mineral wool under tension expands.
Lammer teaches a second plate held by a meltable fuse, specifically:
(Cl. 8) a second plate (see second “plate” proximate 22 and 48, expanded to the right of 20, FIG. 4) holds the mineral wool under tension and in shape
(Cl. 9) the two plates are held together by a fuse (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50)
(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 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.
Claim 11, 13, and 17-18 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit in view of Watson 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
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 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.
As per claim 13 Kallweit in view of Watson and Wilson 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 17 Kallweit in view of Watson and Wilson 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 and Wilson 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 and Wilson as applied to claim 11 above, and further in view of Stahl.
As per claim 12 Kallweit in view of Watson and Wilson teaches the limitations 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 and Wilson by including the intumescent tape for mounting the sealing element to enhance fire protection.
Claim 14-16 rejected under 35 U.S.C. 103 as being unpatentable over Kallweit in view of Watson and Wilson as applied to claim 11 above further in view of Lammer.
As per claim 14-16 Kallweit in view of Watson and Wilson teaches the limitations according to claim 11 and Kallweit further discloses one plate to hold the vacuumed mineral wool under tension and in shape, but fails to explicitly disclose:
(Cl. 14) a second plate
(Cl. 15) the two plates are held together by a fuse
(Cl. 16) the fust is meltable such that during a fire the fuse melts first, after which the compressed vacuumed mineral wool under tension expands.
Lammer teaches a second plate held by a meltable fuse, specifically:
(Cl. 14) a second plate (see second “plate” proximate 22 and 48, expanded to the right of 20, FIG. 4);
(Cl. 15) the two plates are held together by a fuse (see “It is also conceivable that the securing element is configured as a fuse or as a plastic cord that melts” 3:50);
(Cl. 16) the fust is meltable such that during a fire the fuse melts (see “melts at a corresponding temperature threshold value” 3:60) first, after which the compressed 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 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.
Response to Arguments
Applicant's arguments filed 08 JAN. JUL. 26 have been fully considered but they are not persuasive.
As per the argument (“-7-“):
neither reference teaches or suggests maintaining vacuumed mineral wool in a compressed state by a cassette until fire conditions cause the cassette to break open or melt, thereby triggering expansion due to release from the compressed state
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Examiner submits Kallweit maintains compressible material in a compressed state until fire conditions cause the compressed material to expand. Watson teaches this compressible material can be vacuum packed and sealed mineral wool. This is considered an obvious combination which an artisan constructing the device of Kallweit would have been reasonably motivated to employ.
As per Applicant’s supposition (“-7-“) that:
“Watson further confirms this installation-time release, explaining that…"
and
“Watson describes that the method involves "inserting the insulation product into the cavity" and then "puncturing the vacuum bag in order to release the vacuum such that air enters the vacuum bags and causes the insulation material to return to its original size." Watson, page 7, Lines 17-24. This demonstrates that in Watson, the vacuum is released during installation-not maintained in a compressed state until fire conditions. ”
the Examiner submits Watson was not relied upon to teach a cassette as in the previous argument. Kallweit teaches compressed material. Watson teaches the compressed material can be vacuumed mineral wool. A skilled artisan would consider using vacuumed mineral wool in place of the mineral fibres as the fire resistant material because the vacuumed mineral wool —provided with sealing material— would resist degradation before being deployed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Milani et al. US 20060213138 A1 teaches a fire barrier with an outer retaining sleeve which protects a preferably compressed fire stop material therein
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Koch et al. US 3736709 A teaches standardized factory produced components for fireproof urban housing
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THIS ACTION IS MADE FINAL. 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 extension fee 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 JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
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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.
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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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