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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 5th, 2025, has been entered.
Response to Amendment
In view of the amendment, filed on October 1st, 2025, the following are withdrawn from the previous office action, mailed on August 5th, 2025.
Rejection of claim 20 under 35 U.S.C. 112(b)
Rejections of claims 1-5, 7-11 and 13-18 under 35 U.S.C. 102(a)(1)/(a)(2) are withdrawn in view of the amendments
Rejections of claims 6, 12 and 19-21 under 35 U.S.C. 103 are withdrawn in view of the amendments
Response to Arguments
Applicant’s arguments in view of the amendments, see remarks filed October 1st, 2025, with respect to the rejections of claims 1-21 under 35 U.S.C. 102(a)(1)/(a)(2) and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Droge (US 20230349148 A1).
Applicant’s amendments to the claims necessitate a new grounds of rejection provided below.
New Grounds of Rejection
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.
Claims 1-5, 7-19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevis (US 20050196484 A1), in view of Droge (US 20230349148 A1).
Regarding claim 1, Khoshnevis discloses a method of forming a partition wall structure of a building ([0112, 0116]; 3D printing walls of an entire building, such as interior walls), comprising:
forming, with a three-dimensional (3D) printing system ([0112, 0116]; nozzle assembly attached to robotic system extruding building walls under computer control), a first portion of a first shell (Fig. 4A-C; [0087, 0089]; a portion of exterior rim layers 405, 413) with a first wythe (Fig. 4A-C; [0087, 0089]; exterior rim layers 405, 413 form first wythe of wall 403) that comprises a first plurality of stacked elongated beads (Fig. 4A-C; [0087, 0089]; exterior rim layers 405, 413 are extruded beads stacked on top of each other) of an extrudable building material ([0080]; extrudable material used to make building walls);
forming, with the 3D printing system, a first portion of a second shell (Fig. 4A-C; [0087, 0089]; a portion of interior rim layers 407, 415) with a second wythe (Fig. 4A-C; [0087, 0089]; interior rim layers 407, 415 form second wythe of wall 403) that comprises a second plurality of stacked elongated beads (Fig. 4A-C; [0087, 0089]; interior rim layers 407, 415 are extruded beads stacked on top of each other) of the extrudable building material and is spaced apart from the first wythe (Fig. 4A-C; [0087, 0089]; exterior and interior rim layers are spaced apart);
and installing at least one structural support (Fig. 31; [0148]; reinforcement staples 3110) that comprises a first portion positioned in the first wythe (Fig. 31; [0149]; left portion of 3110 positioned in exterior rim layers forming first wythe) and a second portion positioned in the second wythe (Fig. 31; [0149]; right portion of 3110 positioned in interior rim layers forming second wythe).
Khoshnevis further discloses the at least one structural support comprises a third portion (Marked Fig. 31; middle portion of 3110) coupling the first portion and the second portion and extends a distance through a space from the first wythe to the second wythe (Marked Fig. 31; middle portion of 3110 extends between left portion and right portion). The at least one structural support is disposed in a horizontal plane that is parallel to an elongated bead of one or more of the first plurality of stacked elongated beads and the second plurality of stacked elongated beads as per the marked up version of Figure 31 provided below.
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Khoshnevis does not explicitly disclose the first portion and the second portion of the at least one structural support are disposed substantially in a horizontal plane that is parallel to an elongated bead of one or more of the first plurality of stacked elongated beads and the second plurality of stacked elongated beads.
However, Droge teaches 3D printing a building wall ([0006]) comprising a first wythe (Fig. 3; [0029]; first wall 38) and a second wythe (Fig. 3; [0029]; second wall 40), wherein a U-shaped structural support (Fig. 1; elongated member 14 can be U-shaped) comprises a first leg (Fig. 1; left arm 24) and a second leg (Fig. 1; right arm 26) disposed in a horizontal plane parallel to a plurality of stacked beads forming the first wythe and the second wythe respectively (Fig. 3; elongated member 14 with arms 24, 26 is in a horizontal plane parallel to the stacked beads of 38 and 40).
Khoshnevis and Droge are both considered to be analogous to the claimed invention because they are in the field of 3D printed building walls. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Khoshnevis with the teachings of Droge to provide the first portion and the second portion of the at least one structural support are disposed substantially in a horizontal plane that is parallel to an elongated bead of one or more of the first plurality of stacked elongated beads and the second plurality of stacked elongated beads. It has been held that a mere rearrangement of an element without modification of the operation of the device involves only routine skill in the art. See MPEP 2144.04 (VI). Doing so would stabilize the first shell and the second shell of the wall structure relative to each other (Droge [0029]).
Regarding claim 2, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses a thickness of the first wythe is a single bead width (Fig. 4A-C; [0083, 0087, 0089]; exterior rim layers 405, 413 have a single bead width defined by width of nozzle outlets) of the first plurality of stacked elongated beads.
Regarding claim 3, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses a thickness of the second wythe is a single bead width (Fig. 4A-C; [0083, 0087, 0089]; interior rim layers 405, 413 have a single bead width defined by width of nozzle outlets) of the second plurality of stacked elongated beads.
Regarding claim 4, modified Khoshnevis discloses the method of claims 1, wherein Khoshnevis further discloses positioning at least one structural rod (Fig. 8; [0100]; reinforcing members 821, 823 or 825 are reinforcing bars/rods) between the first wythe and the second wythe (Fig. 8; reinforcing members 821, 823 or 825 are positioned in between exterior and interior rim layers).
Regarding claim 5, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses positioning at least one structural rod (Fig. 8; [0100]; reinforcing members 821, 823 or 825 are reinforcing bars/rods) between the first wythe and the second wythe (Fig. 8; reinforcing members 821, 823 or 825 are positioned in between exterior and interior rim layers), the at least one structural rod being disposed vertically in a space between the first and second wythes (Fig. 8; reinforcing members 821, 823 or 825 are positioned vertically in a space between exterior and interior rim layers).
Regarding claim 7, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses embedding the first portion of the at least one structural support within at least one of the first plurality of stacked elongated beads (Fig. 31; [0149]; left portion of reinforcement staples 3110 are embedded in the stack of exterior rim layers as subsequent exterior rim layers are formed on top of previous layers).
Regarding claim 8, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses embedding the first portion of the at least one structural support within at least one of the first plurality of stacked elongated beads (Fig. 31; [0149]; left portion of reinforcement staples 3110 are embedded in the stack of exterior rim layers as subsequent exterior rim layers are formed on top of previous layers), and embedding the second portion within at least one of the second plurality of stacked elongated beads (Fig. 31; [0149]; right portion of reinforcement staples 3110 are embedded in the stack of interior rim layers as subsequent interior rim layers are formed on top of previous layers).
Regarding claim 9, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses positioning the first portion of the at least one structural support between two or more adjacent stacked elongated beads of the first plurality of stacked elongated beads (Fig. 31; [0149]; left portion of reinforcement staples 3110 are embedded in the stack of exterior rim layers in between bead layers as subsequent exterior rim layers are formed on top of previous layers).
Regarding claim 10, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses positioning the first portion of the at least one structural support between two or more adjacent stacked elongated beads of the first plurality of stacked elongated beads (Fig. 31; [0149]; left portion of reinforcement staples 3110 are embedded in the stack of exterior rim layers in between bead layers as subsequent exterior rim layers are formed on top of previous layers) and positioning the second portion between two or more adjacent stacked elongated beads of the second plurality of stacked elongated beads (Fig. 31; [0149]; right portion of reinforcement staples 3110 are embedded in the stack of interior rim layers in between bead layers as subsequent interior rim layers are formed on top of previous layers).
Regarding claim 11, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses the at least one structural support comprises a U-shaped structural support (Fig. 31; reinforcement staple 3110 is U-shaped).
Regarding claim 12, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses the at least one structural support comprises a U-shaped structural support (Fig. 31; reinforcement staple 3110 is U-shaped) and the first portion of the at least one structural support forms a first leg (Marked Fig. 31; left leg of 3110) of the U-shaped structural support, and the second portion forms a second leg (Marked Fig. 31; right leg of 3110) of the U-shaped structural support coupled to the first leg (Marked Fig. 31; left leg and right leg of 3110 are coupled to each other by middle section of 3110). And Droge further teaches the U-shaped structural support (Fig. 1; elongated member 14 can be U-shaped) comprises the first leg (Fig. 1; left arm 24) and the second leg (Fig. 1; right arm 26) disposed in a horizontal plane parallel to a plurality of stacked beads forming the first wythe and the second wythe respectively (Fig. 3; elongated member 14 with arms 24, 26 is in a horizontal plane parallel to the stacked beads of 38 and 40).
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Regarding claim 13, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses the at least one structural support comprises a first structural support (Fig. 31; [0148]; reinforcement staples 3110), the method further comprising installing at least one second structural support ([0147]; reinforcement mechanisms, such as horizontal links).
Regarding claim 14, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses installing at least one second structural support ([0147]; horizontal links as reinforcements mechanisms) including positioning the at least one second structural support wholly within one of the first wythe or the second wythe ([0147]; horizontal links may be embedded within the wall rim layers along their length).
Regarding claim 15, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses installing at least one second structural support ([0147]; horizontal links as reinforcements mechanisms) including positioning the at least one second structural support wholly within one of the first wythe or the second wythe ([0147]; horizontal links may be embedded within the wall rim layers along their length), and wholly embedding the at least one second structural support within at least one of the first plurality of stacked elongated beads or within at least one of the second plurality of stacked elongated beads ([0147]; horizontal links may be embedded within the wall rim layers along their length as the exterior and/or interior rim layers are extruded).
Regarding claim 16, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses installing at least one second structural support ([0147]; horizontal links as reinforcements mechanisms) including positioning the at least one second structural support wholly within one of the first wythe or the second wythe ([0147]; horizontal links may be embedded within the wall rim layers along their length), the second structural support being wholly positioned between two adjacent, stacked elongated beads of the first plurality of stacked elongated beads or between two adjacent, stacked elongated beads of the second plurality of stacked elongated beads ([0147]; horizontal links may be embedded within the wall rim layers along their length as the exterior and/or interior rim layers are extruded, i.e. in between adjacent beads of the rims).
Regarding claim 17, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses the at least one structural support comprises a first structural support (Fig. 31; [0148]; reinforcement staples 3110) and the method further comprises installing at least one second structural support ([0147]; reinforcement mechanisms, such as horizontal links) wherein the second structural support is substantially linear ([0147]; horizontal links are necessarily substantially linear).
Regarding claim 18, modified Khoshnevis discloses the method of claim 1, wherein Khoshnevis further discloses installing one or more top plates (Fig. 47; [0181]; thin sheets 4720) to at least one of the first plurality of stacked elongated beads of extrudable building material and at least one of the second plurality of stacked elongated beads of extrudable building material (Fig. 47; [0181]; thin sheets 4720 are applied on top of walls comprises exterior and interior rim layers).
Regarding claim 19, modified Khoshnevis discloses the method of claim 1.
Modified Khoshnevis does not disclose installing a sound deadening material in a space between the first wythe and the second wythe.
However, Droge further teaches 3D printing a building wall ([0006]) comprising a first wythe (Fig. 3; [0029]; first wall 38) and a second wythe (Fig. 3; [0029]; second wall 40), wherein sound deadening material ([0006]; insulation for sound insulating purposes) is installed in a space between the first wythe and the second wythe ([0006]; insulation is placed in interior space between first wall and second wall).
Khoshnevis and Droge are both considered to be analogous to the claimed invention because they are in the field of 3D printed building walls. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Khoshnevis with the teachings of Droge to provide installing a sound deadening material in a space between the first wythe and the second wythe. Doing so would provide thermal and sound insulation for those dwelling in the building constructed by the 3D printed walls (Droge [0006]).
Regarding claim 21, modified Khoshnevis discloses the method of claim 1.
Modified Khoshnevis does not explicitly disclose forming, with the 3D printing system, a second portion of the first wythe of the partition wall structure that comprises a third plurality of stacked elongated beads of the extrudable building material, and forming, with the 3D printing system, a second portion of the second wythe of the partition wall structure that comprises a fourth plurality of stacked elongated beads of the extrudable building material and is spaced apart from the first wythe.
However, Khoshnevis teaches an additional plurality of stacked elongated beads of extrudable building material (Fig. 16; [0110]; extruded stacked beads 1605, 1607 and 1609) can be applied adjacent to a plurality of stacked elongated beads of extrudable building forming a wythe (Fig. 16; [0110]; extruded wall 1601, that are extruded stacked beads, is adjacent 1605, 1607 and 1609). As such, Khoshnevis disclose the claimed invention expect for the duplication of stacked elongated beads of the extrudable building material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to duplicate the stacked elongated beads of the extrudable building material, since it have been held that a mere duplication of working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI). One would have been motivated to duplicate the stacked elongated beads of the extrudable building material for the purpose of reinforcing the strength and stability of the partition wall, properties that are desired to improve as per specification [0147] of Khoshnevis.
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Khoshnevis (US 20050196484 A1), in view of Droge (US 20230349148 A1) as applied to claims 4 and 1 respectively, in view of Huo et al. (CN 111379359 A; hereafter Huo; page numbers correspond to attached English machine translation).
Regarding claim 6, modified Khoshnevis discloses the method of claim 4.
Modified Khoshnevis does not explicitly disclose the at least one structural rod comprising at least one tensioned coil rod.
However, Huo teaches 3D printing a building wall (Pg. 2, lines 2-3) comprising a first wythe (Fig. 2; Pg. 4, lines 11-12; outer wall 4) and a second wythe (Fig. 2; Pg. 4, lines 11-12; inner wall 6), wherein at least one tensioned coil rod (Fig. 2; Pg. 4, lines 11; lapping rebar 7, rebar is a tensioned coil rod/bar) is positioned vertically in a space between the first and second wythes (Fig. 2; lapping rebar 7 is positioned vertically in a space between 4 and 6).
Khoshnevis and Huo are both considered to be analogous to the claimed invention because they are in the field of 3D printed building walls. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Khoshnevis with the teachings of Huo to provide the at least one structural rod comprises at least one tensioned coil rod. Reinforcing construction elements with rebar is a well-known means for improving the strength and rigidity of the construction element and doing so here would improve the integrity and stability of the partition walls (Huo Page 3, lines 30-32).
Regarding claim 20, modified Khoshnevis discloses the method of claim 1.
Modified Khoshnevis does not explicitly disclose forming a junction at another portion of the first shell or the second shell to contact the other of the first shell or the second shell, the junction formed with one or more contiguous elongated beads of the first plurality of stacked elongated beads or the second plurality of stacked elongated beads.
However, Huo teaches 3D printing a building wall (Pg. 2, lines 2-3) comprising a first wythe (Fig. 2; Pg. 4, lines 11-12; outer wall 4) and a second wythe (Fig. 2; Pg. 4, lines 11-12; inner wall 6) formed of stacked elongated beads (Fig. 2; Pg. 4, 6th ¶; outer wall 4 and inner wall 6 are formed of dispensed layers of concrete or mortar). Huo further teaches forming a junction (Fig. 2; Pg. 4, 6th ¶; internal rib 5) between the first wythe and the second wythe and this junction may be integrally formed with the first wythe and the second wythe (Fig. 2; Pg. 4, 6th ¶; outer wall 4, inner wall 6 and internal rib 5 integrally formed by the field construction 3D printing device).
Khoshnevis and Huo are both considered to be analogous to the claimed invention because they are in the field of 3D printed building walls. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify modified Khoshnevis with the teachings of Huo to provide forming a junction at another portion of the first shell or the second shell to contact the other of the first shell or the second shell, the junction formed with one or more contiguous elongated beads of the first plurality of stacked elongated beads or the second plurality of stacked elongated beads. Doing so would provide further structural support to the partition walls and would improve the integrity and stability of the partition walls (Huo Page 3, lines 30-32).
Conclusion
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/V.M./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754