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 third Office Action on the Merits. Claims 1, 3-8 and 10-16 as amended 23 SEP. 2025, are pending and have been considered as follows:
Claim Rejections - 35 USC § 102
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, 10-13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Unger US 10480176 B2
As per claim 1 Unger teaches a noncombustible (“frame 40 is formed of steel” 7:25; this is recognized as “noncombustible” as broadly claimed) exterior structural wall (see “Referring to FIG. 13, an embodiment of an external wall 230” 11:50) of a building (see “FIG. 13 is a vertical cross section… of the building unit” 5:35), the noncombustible wall comprising:
a steel frame (see “frame 40 is formed of steel beams” 7:25) comprising a plurality of vertically oriented support studs (see frame 40 comprising —i.e. including— “vertically oriented support studs” shown throughout; MPEP 2111.03);
a plurality of rigid insulating semi-permeable noncombustible (see “sheet/skin 60/62… serve as a fire resistant layer” 12:37) fiberglass-cement-panels (panel 60A, FIG. 13; also “In an embodiment the outer wall 60/62 is formed of one or more panels” 8:11-13; this is recognized as teaching the above identified panel 60A is a plurality) attached directly to, and in contacting relationship (see 60 directly attached to 40, FIG. 13) with, said steel frame (see “frame 40 is formed of steel beams” 7:25); and
an exterior ornamental covering attached directly (see “FIG. 13... external cladding 232 is applied to the external side of a panel 60A” 11:50-53; this is recognized as “attached directly…with an absence” as claimed) to said plurality of rigid insulating semi-permeable noncombustible (see “sheet/skin 60/62… serve as a fire resistant layer” 12:37) fiberglass-cement-panels with an absence of an air/weather membrane (note: magnesium oxide cement panels are inherently semi-permeable, insulating, non-combustible and contain fiberglass).
As per claim 3 Unger teaches the limitations according to claim 1, wherein said rigid semi-permeable insulating noncombustible fiberglass- cement-panels comprise Portland cement, Magnesium Oxide cement, or both (“decorative cladding 212, which is typically fire proof, such as magnesium oxide cement panels, or a FRP panel” 11:27).
As per claim 4 Unger teaches the limitations according to claim 1, wherein said rigid insulating semi-permeable noncombustible fiberglass- cement-panels are resin or polymer-based reinforced panels (see “FRP is a composite material formed by reinforcing a polymer matrix with fibres, typically glass fibres (fibreglass) or carbon fibre or aramid fibre. The polymer is typically a thermoset or thermoplastic resin.” 7:30).
As per claim 5 Unger teaches the limitations according to claim 1, further comprising an insulating material between said vertically oriented support studs (“internal walls are formed of a stud frame with an insulating material” 3:7; also FIG. 9).
As per claim 6 Unger teaches the limitations according to claim 1, wherein said rigid insulating semi-permeable noncombustible fiberglass- cement-panels resist lateral loads (see “he internal wall 80/82 (shown in FIG. 6 with the side wall 60 not shown) may also provide structural integrity to the unit 16, particularly to support loads in combination with the frame when used in a multi-storey configuration or when used in cyclone prone areas” 8:16; this is recognized as “resist” at least somewhat) applied to said noncombustible exterior structural wall.
As per claim 8 Unger teaches a building (see “FIG. 13 is a vertical cross section… of the building unit” 5:35), comprising:
a plurality of noncombustible (see “sheet/skin 60/62… serve as a fire resistant layer” 12:37) exterior structural walls (see “Referring to FIG. 13, an embodiment of an external wall 230” 11:50), comprising:
a steel frame (see “frame 40 is formed of steel beams” 7:25) comprising a plurality of vertically oriented support studs (see frame 40 comprising —i.e. including— “vertically oriented support studs” shown throughout; MPEP 2111.03);
a plurality of rigid insulating semi-permeable noncombustible (see “sheet/skin 60/62… serve as a fire resistant layer” 12:37) fiberglass-cement-panels (panel 60A, FIG. 13; also “In an embodiment the outer wall 60/62 is formed of one or more panels” 8:11-13; this is recognized as teaching the above identified panel 60A is a plurality) attached directly to, and in contacting relationship (see 60 directly attached to 40, FIG. 13) with, said steel frame (see “frame 40 is formed of steel beams” 7:25); and
an exterior ornamental covering attached directly (see “FIG. 13... external cladding 232 is applied to the external side of a panel 60A” 11:50-53; this is recognized as “attached directly…with an absence” as claimed) to said plurality of rigid insulating semi-permeable noncombustible (see “sheet/skin 60/62… serve as a fire resistant layer” 12:37) fiberglass-cement-panels with an absence of an air/weather membrane (note: magnesium oxide cement panels are inherently semi-permeable, insulating, non-combustible and contain fiberglass).
As per claim 10 Unger teaches the limitations according to claim 8, wherein said rigid insulating semi-permeable noncombustible fiberglass-cement-panels comprise Portland cement, Magnesium Oxide cement, or both (“decorative cladding 212, which is typically fire proof, such as magnesium oxide cement panels, or a FRP panel” 11:27).
As per claim 11 Unger teaches the limitations according to claim 8, wherein said rigid insulating semi-permeable noncombustible fiberglass-cement-panels are resin or polymer-based reinforced panels (see “FRP is a composite material formed by reinforcing a polymer matrix with fibres, typically glass fibres (fibreglass) or carbon fibre or aramid fibre. The polymer is typically a thermoset or thermoplastic resin.” 7:30).
As per claim 12 Unger teaches the limitations according to claim 8, further comprising an insulating material between said vertically oriented support studs (see “internal walls are formed of a stud frame with an insulating material” 3:7; also FIG. 9).
As per claim 13 Unger teaches the limitations according to claim 8, wherein said rigid insulating semi-permeable noncombustible fiberglass-cement-panels resist lateral loads (see “he internal wall 80/82 (shown in FIG. 6 with the side wall 60 not shown) may also provide structural integrity to the unit 16, particularly to support loads in combination with the frame when used in a multi-storey configuration or when used in cyclone prone areas” 8:16; this is recognized as “resist” at least somewhat) applied to said noncombustible exterior structural wall.
Claim 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Unger in view of Tonyan et al. US 20110056156 A1 (Tonyan).
As per claim 7 and 14, the primary reference of Unger teaches the limitations according to claim 1 and 8, respectively, but fails to explicitly disclose:
(Cl. 7; Cl. 14) said noncombustible panels have a thickness of approximately 1/2 inches or less.
Tonyan teaches typical reinforcement members (see “[0016] The reinforcement members are typically metal, polymer or mesh. Typical metal sheets are about 0.02 to about 0.07 inches”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Unger by substituting the thickness of the outer member as taught by Tonyan in order to lend a distinct structural profile —namely one that adds reinforcing to the assembly— to the outer face of the structure.
Claim 15-16 rejected under 35 U.S.C. 103 as being unpatentable over Unger in view of Duforestel et al. US 9481996 B2 (Duforestel).
As per claim 15-16 the primary reference of Unger teaches the limitations according to claim 1 and 8, respectively, but fails to explicitly disclose:
(Cl. 15; Cl. 16) an insulating material is incorporated into said external ornamental covering.
Duforestel teaches a combined insulation and decorative element, specifically:
(Cl. 15; Cl. 16) an insulating material is incorporated into said external ornamental covering (see “The panels of thermal insulation according to the present invention can also play a decorative role” 7:4).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Unger by including the dual roles of insulation and decoration as taught by Duforestel in order to increase the utility of the structure.
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.
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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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