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 fourth Office Action on the Merits. Claims 1, 3-8 and 10-16 as amended 20 JUL. 26, are pending and have been considered as follows:
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, 3, 6, 8, 10 and 13 rejected under 35 U.S.C. 103 as being unpatentable over Dickinson US 20100146893 A1 in view of Tonyan et al. US 20110056156 A1 (Tonyan).
As per claim 1 Dickinson teaches noncombustible exterior structural wall of a building, the noncombustible wall comprising:
a steel frame (“fastenable batten in elongated shape… preferred materials… rigid and robust… metals… steel” [0064]; also batten 1, FIG. 1-2) comprising a plurality of vertically oriented support studs (see FIG. 2; also “battens 1 can be installed at vertical spacings” [0060]; this is recognized as a plurality);
a plurality of rigid panels (“40 shows... cladding panel” [0058]; also FIG. 1) that comprise
the panels (“40 shows... cladding panel” [0058]; also FIG. 1) being attached directly to (“Fasteners 42 are used to fix the cladding panel to the vertical and/or horizontal battens” [0058]; also FIGs. 1-2), and in contacting relationship with, said steel frame (“fastenable batten in elongated shape… preferred materials… rigid and robust… metals… steel” [0064]; also batten 1, FIG. 1-2),
an exterior ornamental covering (“external finishing plaster coating” [0082] and “surface coating 88 (such as a plaster)” [0084]) attached directly to said plurality panels (“40 shows... cladding panel” [0058]; also FIG. 1) with an absence of an air/weather membrane (see cladding panel 40, joint 41, fasteners 42 and contact face 2, FIG. 1-2; these are recognized as “with an absence of an air/weather membrane” as broadly claimed because the panels are directly fastened to the batten), but fails to explicitly disclose:
a plurality of rigid insulating semi-permeable noncombustible fiberglass-cement
said plurality panels are of rigid insulating semi-permeable noncombustible fiberglass-cement
wherein the panels are configured to permit passage of water vapor through the panels while inhibiting passage of liquid water through the panels.
Tonyan teaches such a functional panel, capable of integration with the assembly of Dickinson, specifically:
a plurality of rigid insulating semi-permeable noncombustible fiberglass-cement (“Cement Panel of the present invention reinforced with fiberglass strands” [0245])
said plurality panels are of rigid insulating semi-permeable noncombustible fiberglass-cement (“Cement Panel of the present invention reinforced with fiberglass strands” [0245])
wherein the panels are configured to permit passage of water vapor through the panels (“a completed panel that can breathe and has weather resistant characteristics” abstract, ln. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson by substituting the panels as taught by Tonyan in order to improve the weather resistant properties.
As per claim 3 Dickinson in view of Tonyan teaches the limitations according to claim 1, and Tonyan further discloses wherein said rigid semi-permeable insulating noncombustible fiberglass-cement-panels comprise Portland cement, Magnesium Oxide cement, or both (see “Portland cement… magnesium oxide” [0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson and Tonay by substituting the combined Portland cement and magnesium oxide for the panels in order to address both structural and durability benefits with Portland cement and the moisture-resistant, fire-safe, and dimensionally stable properties of the magnesium oxide.
As per claims 6 and 13 Dickinson in view of Tonyan teaches the limitations according to claims 1 and 8, respectively, but the combination but fails to explicitly disclose:
said rigid insulating semi-permeable noncombustible fiberglass-cement-panels resist lateral loads applied to said noncombustible exterior structural wall
In a further development, Tonyan teaches shear resisting adaptations capable of incorporation with the panels of Dickinson in view of Tonyan, specifically:
said rigid insulating semi-permeable noncombustible fiberglass-cement-panels resist lateral loads (see “diagonal metal plates at the corners to carry the shear and rectangular plates in the field to laterally support the panel against bending out of plane when attached to framing” [0015]) applied to said noncombustible exterior structural wall
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson in view of Tonyan by including the shear resistant plates as taught by Tonyan in order to further strengthen the panels against deformation.
As per claim 8 Dickinson teaches a building (BUILDINGS, title), comprising:
a plurality of noncombustible exterior structural walls (“external surface of an exterior wall” [0019]), comprising:
a steel frame (“fastenable batten in elongated shape… preferred materials… rigid and robust… metals… steel” [0064]; also batten 1, FIG. 1-2) comprising a plurality of vertically oriented support studs (see FIG. 2; also “battens 1 can be installed at vertical spacings” [0060]; this is recognized as a plurality);
a plurality of rigid panels (“40 shows... cladding panel” [0058]; also FIG. 1),
the panels (“40 shows... cladding panel” [0058]; also FIG. 1) being attached directly to (“Fasteners 42 are used to fix the cladding panel to the vertical and/or horizontal battens” [0058]; also FIGs. 1-2), and in contacting relationship with, said steel frame (“fastenable batten in elongated shape… preferred materials… rigid and robust… metals… steel” [0064]; also batten 1, FIG. 1-2),
an exterior ornamental covering (“external finishing plaster coating” [0082] and “surface coating 88 (such as a plaster)” [0084]) attached directly to said plurality of panels (“40 shows... cladding panel” [0058]; also FIG. 1) with an absence of an air/weather membrane (see cladding panel 40, joint 41, fasteners 42 and contact face 2, FIG. 1-2; these are recognized as “with an absence of an air/weather membrane” as broadly claimed because the panels are directly fastened to the batten) but fails to explicitly disclose:
a plurality of rigid insulating semi-permeable noncombustible fiberglass-cement-panels
rigid insulating semi-permeable noncombustible fiberglass-cement-panels
wherein the panels are configured to permit passage of water vapor through the panels while inhibiting passage of liquid water through the panels.
Tonyan teaches such a functional panel, capable of integration with the assembly of Dickinson, specifically:
a plurality of rigid insulating semi-permeable noncombustible fiberglass-cement (“Cement Panel of the present invention reinforced with fiberglass strands” [0245]])
said plurality panels are of rigid insulating semi-permeable noncombustible fiberglass-cement (“Cement Panel of the present invention reinforced with fiberglass strands” [0245])
wherein the panels are configured to permit passage of water vapor through the panels (“a completed panel that can breathe and has weather resistant characteristics” abstract, ln. 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson by substituting the panels as taught by Tonyan in order to improve the weather resistant properties.
As per claim 10 Dickinson in view of Tonyan teaches the limitations according to claim 8, and Tonyan further discloses wherein said rigid insulating semi-permeable noncombustible fiberglass-cement-panels comprise Portland cement, Magnesium Oxide cement, or both (see “Portland cement… magnesium oxide” [0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson and Tonay by substituting the combined Portland cement and magnesium oxide for the panels in order to address both structural and durability benefits with Portland cement and the moisture-resistant, fire-safe, and dimensionally stable properties of the magnesium oxide.
Claim 4 and 11 rejected under 35 U.S.C. 103 as being unpatentable over Dickinson in view of Tonyan as applied to claim 1 and 8 above, and further in view of Webb US 4852316 A.
As per claim 4 and 11, Dickinson in view of Tonyan teaches the limitations according to claims 1 and 8, respectively, but the combination but fails to explicitly disclose:
said rigid insulating semi-permeable noncombustible fiberglass-cement-panels are resin or polymer-based reinforced panels.
Webb teaches such an obvious additive, specifically:
said rigid insulating semi-permeable noncombustible fiberglass-cement-panels are resin or polymer-based reinforced panels (“acrylic resin” Cl. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson in view of Tonyan by including the acrylic resin as taught by Webb in order to improve adhesion, flexibility, crack resistance, particularly where drainage is a priority as in the combination.
Claim 5 and 12 rejected under 35 U.S.C. 103 as being unpatentable over Dickinson in view of Tonyan as applied to claim 1 and 8 above, and further in view of Hansbro et al. US 8397465 B2.
As per claim 5 and 12 Dickinson in view of Tonyan teaches the limitations according to claims 1 and 8, respectively, but the combination but fails to explicitly disclose:
comprising an insulating material between said vertically oriented support studs.
Hansbro teaches such an obvious addition to a vertical assembly, specifically:
comprising an insulating material (insulation 60, FIG. 1(b)) between said vertically oriented support studs.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson in view of Tonyan by including the insulation as taught by Hansbro in order to improve the adaptability of the wall assembly to an exterior of a structure.
Claim 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dickinson in view of Tonyan as applied to claim 1 and 8 above, and further in view of Harrel et al. US 6629392 B1 (Harrel).
As per claim 7 and 14, Dickinson in view of Tonyan teaches the limitations according to claim 1 and 8, respectively, but fails to explicitly disclose:
said noncombustible panels have a thickness of approximately 1/2 inches or less.
Harrel teaches exterior panels of the claimed thickness, specifically:
said noncombustible panels have a thickness of approximately 1/2 inches or less (“FIG. 1, the structure 10 of the invention may be formed of a… panel may be formed of a suitable moldable building material such as a cementitious composition or a polymer-based resin containing fiber glass or the like… thickness between about 1/4 inches and about 1 inch.” 3:18)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson in view of Tonyan by including the thickness of the outer member as taught by Harrel in order to form a durable exterior of the structure.
Claim 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dickinson in view of Tonyan as applied to claim 1 and 8 above, and further in view of Poccianti US 11035582 B2.
As per claim 15 and 16 Dickinson in view of Tonyan teaches the limitations according to claims 1 and 8 respectively, but the combination but fails to explicitly disclose:
wherein an insulating material is incorporated into said external ornamental covering.
Poccianti teaches external plaster coating serving an insulative function, specifically:
wherein an insulating material is incorporated into said external ornamental covering (see “TABLE 2… external border… plaster… 0.009” 12:45).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Dickinson in view of Tonyan by selecting the plaster to have a specific “insulating material” as taught by Poccianti in order to resist heat transfer from the exterior of the structure wherein the panels are employed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-8 and 10-16 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.
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/
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
