DETAILED ACTION
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 .
The amendment filed on 03/16/2026 in response to the Non-Final rejection mailed on 09/16/2025 has been considered. Claim(s) 1-18 is/are pending. Claim(s) 16-18 has/have been added. Claim(s) 1-18 has/have been examined in this action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17, it is unclear if the claim is actually positively reciting the building mounting component and the cladding panel mounting component. The claim as written can be interpreted as only require an intermediate mounting component which is capable of being fixed to the other components. Since the allowable subject matter in the previous office action included the positive recitation of the other components, claim 17 has been interpreted as positively reciting the three components making up the mounting means. Applicant should amend the claim to better define the invention by positively reciting the components. Further, it is noted that if the claim is written to actual exclude the building and panel mounting components, the claim would simply require an “intermediate component” capable of being fixed to a building component and a panel component and would not be deemed as allowable. It is the combination of the requirement of the three components which reads over the prior art of record.
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(s) 1-4, 6-8, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,239,798 to Saito in view of US 6,098,364 to Liu.
Regarding claim 1, Saito discloses a cladding system for a building, wherein the cladding system comprising comprises a cladding panel (4, Fig.4-6) and a plurality of covering elements (33, Fig.24), the cladding panel comprising a frame (2, 3, Fig.5, 6) and a backing member (5) mounted on the frame, wherein the backing member is suitable for receiving the plurality of covering elements thereto (Fig.5, 24) and wherein each covering element is provided with a slot (34) for mechanically fixing said covering element to the backing member (fixed by members 35), the cladding system further comprising at least one mounting means (73, 74, Fig.40) for mounting the cladding panel to a building structure, wherein the mounting means provides adjustability of the cladding panel laterally relative to the building structure.
Saito does not specifically disclose multiple degrees of adjustability.
Liu discloses a mounting means (2, Fig.2 and 3) which provides adjustability of the cladding panel relative to the building structure towards or away from the building (slot 212a) and upwards or downwards (slot 211a) with respect to the building and laterally (221a) with respect to the building.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the cladding system of Saito with the mounting means of Liu so to enable the cladding panels to be adjusted in all three directions, thereby making the installations and adjustments much easier and efficient.
Regarding claim 2, Liu discloses wherein the mounting means (2, Fig.2 and 3) comprises a building mounting component (21) to be mounted to the building structure during installation, and a cladding-panel mounting component (22) to be mounted to the cladding panel; and wherein the building mounting component and the cladding-panel mounting component are separate components that are directly or indirectly fixable to one another (Fig.2).
Regarding claim 3, Liu discloses wherein the mounting means further comprises an intermediate mounting component (20, Fig.2) that is fixable to the building mounting component and to the cladding-panel mounting component (Fig.2 and 3).
Regarding claim 4, Liu discloses wherein the intermediate mounting component is arranged extending to extend between the building mounting component and the cladding-panel mounting component (20, Fig.2 and 3), the intermediate mounting component being adjustably connected to the building mounting component and adjustably connected to the cladding-panel mounting component in such a manner such that allows a greater degree of adjustability when installing the cladding panel because the position of the intermediate mounting component relative to the building mounting component and relative to the cladding-panel mounting component is adjustable during the installation of the cladding panel (bolt 20 enables both components to be adjusted relative to one another).
Regarding claim 6, Liu discloses wherein the building mounting component (21) comprises a building engagement portion (211) adapted to engage with a surface of a building structure and a projection (212) projecting from the building engagement portion; wherein the building engagement portion comprises one or more apertures (211a) for receiving fixing elements; and the projection comprises one or more apertures (212a) to receive fixing elements to releasably fix the building mounting component to the cladding-panel mounting component.
Regarding claim 7, Liu discloses wherein the building engagement portion is planar (211); and wherein the projection (212) is a flange arranged at 90° or approximately 90° to the building engagement portion (Fig.2).
Regarding claim 8, Liu discloses wherein the aperture (212a) of the projection is an elongate slot (212a) which further provides adjustability along the length of the slot.
Saito in view of Liu do not disclose multiple slots in parallel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided multiple parallel slots in the projection of Liu so to allow for additional adjustments and also to better secure the cladding panel to the building structure. The parallel slots allow for adjustments of the cladding panel which will overcome discrepancies in the building surface.
Regarding claim 15, Saito discloses a method for cladding a building with a cladding system, wherein the method comprises: fixing at least a mounting means (73, 74, Fig.40) to a building structure (48, 70); installing a cladding panel (Fig.4-6) comprising a frame (2, 3) and a backing member (5) mounted on the frame to the building structure via the mounting means, wherein the backing member is suitable for receiving a plurality of covering elements thereto (Fig.5, 24); and further providing the adjustability to the cladding panel laterally relative to the building structure.
Saito does not specifically disclose multiple degrees of adjustability.
Liu discloses a mounting means (2, Fig.2 and 3) which provides adjustability of the cladding panel relative to the building structure towards or away from the building (slot 212a) and upwards or downwards (slot 211a) with respect to the building and laterally (221a) with respect to the building.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the cladding system of Saito with the mounting means of Liu so to enable the cladding panels to be adjusted in all three directions, thereby making the installations and adjustments much easier and efficient.
Regarding claim 16, Saito discloses wherein the plurality of covering elements are selected from among masonry slips such as brick slips, block slips, stone slips, and composite slips such as glass-reinforced plastic (GRP) slips (Column 7, lines 19-24), and combinations thereof; wherein each masonry slip is mechanically fixed to the backing member via a slot (34) in a side face of the masonry slip.
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,239,798 to Saito in view of US 6,098,364 to Liu in view of AT 505493 A1 to Lautischer.
Regarding claim 9, Saito in view of Liu do not disclose wherein the mounting means comprises a grip means configured to prevent relative movement between at least two components of the mounting means when assembled, the components including such as the building mounting component, the cladding-panel mounting component, and the intermediate mounting component.
Lautischer discloses a grip means (321, 421, Fig.3) configured to prevent relative movement between at least two components of the mounting means.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the components of Liu having surfaces with a grip means so to prevent the components from slipping relative to one another when secured.
Regarding claim 10, Lautischer discloses wherein the grip means comprises all or part of a surface of the projection of the building mounting component (421) having a topography (ridges) that can engage with all or part of a surface of the cladding-system mounting component having a corresponding topography (321).
Allowable Subject Matter
Claims 17 and 18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 5 and 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
Prosecution Insights