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 .
This Office action is in response to amendments filed on 07/01/2026. Claims 1-4, 6, 8, 10-13, and 21-30 are pending. The Examiner notes the newly filed claim set 07/01/2026 incorrectly numbered previously filed claims 21-30 to claims 14-23, while also indicating in the newly filed claim set (as well as previously filed claim set) claims 14-20 are cancelled. No claims from previously filed claims 21-30 on 01/09/2026 were cancelled in newly filed claim set on 07/01/2026; therefore, the previous claim numbers from claims filed on 01/09/2026 (and thereby, the previous Office action) remain in place. No subject matter has been changed.
The previously filed specification objection is withdrawn, as necessitated by the newly filed abstract on 07/01/2026. Further, the previously filed claim objections and 35 USC 112(b) rejections are withdrawn, as necessitated by the amendments.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 6, 8, 10-12, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Jennings (US Patent No. 5,085,008) in view of Palermo (US Patent No. 7,591,967), Yoo (KR 100975395), Zhao (CN 113715175), and further in view of Podmore (US 0,772,476).
Regarding claim 1, Jennings (US Patent No. 5,085,008) discloses a method (embodiment of fig. 7) of finishing block products (masonry block units 12 to finished block products 14; col. 19, ll. 64 through col. 20, ll. 19) having one or more plaster layers (block products 12 are concrete masonry units; col. 1, ll. 17-26 and col. 1, ll. 51-54), the method comprising:
providing a plurality of block products (defined as step of loading block products 12 via arms 88; col. 10, ll. 41-44 and col. 19, ll. 66-67; fig. 1), each comprising a block substrate (items 12; fig. 1) and one layer on the block substrate (upper surface on block substrate 12);
coarsely grinding the one layer of the block products (defined as first portion of abrasion treatment via cylinder 210a; col. 20, ll. 10-15; fig. 7) by a coarse grinding cylinder (item 210a; col. 19, ll. 21-25; fig. 7) to yield block products having one coarsely ground plaster layers (block products 12 following abrasion treatment via cylinder 210a are defined as coarsely ground block products);
grinding the one coarsely ground layers of the block products (following the coarse grinding cylinder 210a, the block products define coarsely ground layers to then be further treated via second grinding cylinder; fig. 7) by a grinding cylinder (item 210b; fig. 7).
Though Jennings discloses the second abrasion treatment performed on the coarsely ground layers of the block products is through a cylinder roller (via cylinder 210b) having a synthetic diamond matrix (col. 19, ll. 20-25), Jennings does not explicitly disclose this is a fine grinding cylinder to finely grind the one or more coarsely ground layers to yield block products having fine ground plaster layers. As stated in instant disclosure, a fine grinding cylinder or roller can have a grit size ranging from about 70-grit to about 85-grit (pp. [0095], fig. 10 in instant disclosure).
Therefore, Palermo (US Patent No. 7,591,967) teaches a method for a concrete floor comprising a coarse grind step (step 126; fig. 1) and a fine grind step (step 130, wherein the grinding media is a 50-120 grit range, corresponding to fine-grit range in instant disclosure) following the coarse grind step.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the grinding cylinder (210b) of the second abrasion treatment, as disclosed in Jennings, to include a fine-grit range, as taught in Palermo, in order for the machine to function as intended and achieve a finely ground layer prior to the remaining steps.
Further, Jennings does not explicitly disclose a polishing step following the finely grinding step, wherein polishing the one or more finely ground layers of the block by a polishing cylinder or roller to yield block products having one or more polished plaster layers.
However, Yoo (KR 100975395) discloses a method (pp. [0001]; figs. 1 and 5 embodiment) of finishing block products having one or more plaster layers (defined as cured block 1; pp. [0029] and [0036-0037]; figs. 4-5), wherein the method comprises grinding the one or more plaster layers (step 100, pp. [0064], via items 41; fig. 5) then polishing the ground plaster layers (step 300; figs. 1 and 5, pp. [0033], via item 30) to yield block products having polished plaster layers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of finishing block products, as disclosed in Jennings, to further include a polishing step to polish the finely ground layers, as disclosed to Yoo, in order to polish the layer to form a non-slip function on the surface to prevent slipping without reducing the decorative beauty of the block surface (pp. [0047-0049] in Yoo).
Further, Yoo discloses the polishing step is performed via polishing cutter (item 31; fig. 5) and does not explicitly disclose a polishing cylinder to perform the polishing.
However, Zhao (CN 113715175) teaches a method and apparatus for block production (pp. [n0001]) wherein the apparatus includes conveying table (fig. 1) analogous to the conveying mechanism of Jennings and along the conveying table is a polishing component (item 4; fig. 1), wherein the polishing component is a polishing roller (item 4; fig. 2).
Both Yoo and Zhao disclose means to perform polishing on a block product. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the polishing cutter, as disclosed in Yoo, with the polishing roller, as taught in Zhao, to achieve the predictable result of polishing the surface of the block product and ensure the entire surface of the block product is polished.
Lastly, though Jennings discloses a plurality of block products comprising a block substrate, Jennings does not explicitly disclose wherein the block product also includes a plaster layer, wherein the plaster layer is made from a different composition than the block substrate. Jennings does disclose the block substrates may be concrete masonry units, comprising an aggregate held together by a binder and further suggests cement pastes or sealers may be applied prior to the abrasion treatment disclosed above (col. 1, 17-23 and ll. 60-66).
Podmore (US 772,476) teaches a building block (fig. 1) comprising a block substrate (item 5; formed of a mixture of cement and sand or other suitable material; l. 38-40) and a plaster layer (items 6 and 7, defined as cement layer with quantity of marble, granite or similar stone screenings; ll. 40-43), wherein the plaster layer is of different composition than the block substrate (similar to applicant’s disclosure in which the term “plaster layer” refers to any plaster or other cementitious composition applied to the surface of the block substrate, pp. [0010] in instant disclosure), and wherein the plaster layer of the building block is configured to be polished once the layer has set or solidified in order to produce an exterior finish (Podmore; ll. 20-25), corresponding to the method disclosed above.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to configure the block substrate, as disclosed in Jennings, to have a plaster layer made of different composition on the block substrate, as taught in Podmore, in order for the method to function as intended and produce a finished plaster layer after abrasion and polishing treatments.
Regarding claim 2, Jennings as modified discloses the method as claimed in claim 1, further comprising trimming excess plaster material from one or more sides of the block products (block products receive further abrasion treatment via grinders 242 following the grinding and polishing processes; fig. 7) to yield block products with a trimmer plaster layer (col. 19, ll. 34-40; grinders 242 provide block products with architecturally decorate relief including curved corners, beveled edges, i.e. block products with trimmed edge/corner on plaster layer, as modified from Podmore above), wherein the trimming is performed by cutting grinders (items 242; fig. 7).
Regarding claim 6, Jennings as modified discloses the method as claimed in claim 1. Though Jennings disclose wherein the coarse grinding cylinder (210a) is provided with a pattern of abrasive such as natural or synthetic diamonds, Jennings does not explicitly disclose the grit size of the coarse grinding cylinder, such as the coarse grinding cylinder having a grit size of 20-grit to 35-grit.
However, Palermo (US Patent No. 7,591,967) teaches a method for a concrete floor comprising a coarse grind step (step 126; fig. 1), wherein the coarse grind step utilizes a grinding medium of diamond or carborundum with a 10-24 grit range (col. 7, ll. 52-54).
First, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the coarse grinding cylinder, as disclosed in Jennings, to include a coarse-grit range between 10-24, as disclosed in Palermo, in order for the machine to function as intended and achieve uniform decorative aggregate prior to the following step.
Second, Palermo teaches a grit range (10-24 grit) that overlaps with the claimed grit range (20-grit to 35-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the grit range from Palermo from between 10-24 to between 20-24 since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Regarding claim 8, Jennings as modified discloses the method as claimed in claim 1. Palermo, as modified in, teaches the fine grinding cylinder has a grit range (50-120 grit) that overlaps with the claimed grit range (70-grit to 85-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the grit range from Palermo from between 50-120 grit to between 70-85 grit since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Regarding claim 10, Jennings as modified discloses the method as claimed in claim 1, but is silent on the polishing cylinder grit size. However, Palermo further teaches the method for a concrete floor comprising a polishing step (item 138; fig. 1), wherein the polishing step follows the coarse grinding step and fine grinding step, and wherein the polishing step utilizes a polishing medium of carborundum with 120 grit or higher (co. 8, ll. 36-38).
First, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the polishing grinding cylinder, as disclosed in Jennings as modified by Yoo and Zhao above, to include a polishing-grit range of 120 grit or higher, as disclosed in Palermo, in order for the machine to function as intended and achieve a smooth, polished surface having the decorative aggregate exposed (Palermo; col. 8, ll. 29-30).
Second, Palermo teaches a grit range (120 grit or higher, i.e. infinity) that overlaps with the claimed grit range (110-grit to 125-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the grit range from Palermo from between 120 grit or higher to between 120-125 grit since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Regarding claim 11, Jennings as modified discloses the method as claimed in claim 1, further comprising cleaning the polished plaster layers of the block products (col. 19, ll. 41-48; the plaster layer, as modified from Podmore above, on the block products are cleaned via piping 148c and nozzles 254 to remove debris from the plaster layer surface; fig. 7) by air or water (col. 19, ll. 41-42, defined as fluid under pressure).
Regarding claim 12, Jennings as modified discloses the method as claimed in claim 1, but does not explicitly disclose further comprising applying a sealer or surface treatment to the one or more polished plaster layers of the block products.
However, Koo (KR 100975395) further discloses the method of finishing block products comprising a final coating step (item 500; fig. 1), wherein the coating step comprises applying a surface treatment (pp. [0033-0034]) to the polished block product.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method, as disclosed in Jennings as modified above, to include a final coating step to apply a surface treatment to the polished plaster layers of the block products, as taught in Koo, in order to make the surface appearance beautiful (pp. [0033] in Koo).
Regarding claim 30, Jennings (US Patent No. 5,085,008) discloses a method (embodiment of fig. 7) of finishing block products (masonry block units 12 to finished block products 14; col. 19, ll. 64 through col. 20, ll. 19) having one or more plaster layers (block products 12 are concrete masonry units comprised of an aggregate and binder; col. 1, ll. 17-26 and col. 1, ll. 51-54), the method comprising:
placing a plurality of intermediate block products (defined as step of loading block products 12 via arms 88; col. 10, ll. 41-44 and col. 19, ll. 66-67; fig. 1), each comprising a block substrate (items 12; fig. 1) and one or more layers on the block substrate (defined as upper layer, i.e. surface, of block substrate), onto a conveyor (item 34; fig. 1; col. 19, ll. 64-67);
conveying the plurality of intermediate block products (col. 20, ll. 4-11; block products 12 are conveyed into processing station 62) to a coarse grinding zone (defined as first zone, i.e. station, of abrasion treatment within processing station 62; col. 20, ll. 10-15; fig. 7) configured with a coarse grinding cylinder (item 210a; col. 19, ll. 21-25; fig. 7), the coarse grinding cylinder coarsely grinding the layer to yield block products having one or more coarsely ground layers (upper layer of block products 12 following abrasion treatment via cylinder 210a are defined as coarsely ground layer(s) of block products);
conveying the block products with one or more coarsely ground layers (col. 20, ll. 4-11; block products are continuously conveyed through processing station 62, i.e. through first abrasion treatment then second abrasion treatment) to a grinding zone (defined as second zone, i.e. station, of second abrasion treatment; col. 19, ll. 26-30) configured with a grinding cylinder (item 210b; fig. 7), the grinding cylinder grinding the one or more coarsely ground layers to yield block products having ground layers (following the coarse grinding cylinder 210a, the block products define coarsely ground layers to then be further treated via second grinding cylinder 210b; fig. 7).
First, Jennings does not explicitly disclose conveying the block products with one or more finely ground layers to a polishing zone configured with a polishing apparatus, the polishing apparatus polishing the finely ground layers to yield block products having polished plaster layers.
However, Yoo (KR 100975395) discloses a method (pp. [0001]; figs. 1 and 5 embodiment) of finishing block products having one or more plaster layers (defined as cured block 1; pp. [0029] and [0036-0037]; figs. 4-5), wherein the method comprises conveying the block product along a conveyor (item 10; figs. 4-6), conveying the block product to a grinding zone (step 100, pp. [0064], via items 41; fig. 5) then conveying the grinded block product to a polishing zone (step 300; figs. 1 and 5, pp. [0033], via item 30) having a polishing apparatus (item 30; fig. 5) to polish the grinded block products to yield block products having polished plaster layers (pp. [0033]; fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of finishing block products, as disclosed in Jennings, to further include conveying the finely ground block products to a polishing zone with polishing apparatus to polish the finely ground plaster layers, as disclosed to Yoo, in order to form a non-slip function on the surface to prevents slipping without reducing the decorative beauty of the block surface (pp. [0047-0049] in Yoo).
Additionally, Yoo discloses the polishing step is performed via polishing cutter (item 31; fig. 5) and does not explicitly disclose a polishing cylinder to perform the polishing.
However, Zhao (CN 113715175) teaches a method and apparatus for block production (pp. [n0001]) wherein the apparatus includes conveying table (fig. 1) analogous to the conveying mechanism of Jennings and along the conveying table is a polishing component (item 4; fig. 1), wherein the polishing component is a polishing roller (item 4; fig. 2).
Both Yoo and Zhao disclose means to perform polishing on a block product. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the polishing cutter, as disclosed in Yoo, with the polishing roller, as taught in Zhao, to achieve the predictable result of polishing the surface of the block product and ensure the entire surface of the block product is polished.
Second, though Jennings discloses conveying the block products (col. 20, ll. 4-11, blocks 12 are continuously convey through processing station 62) to a cleaning zone (col. 19, ll. 41-48; the block products are cleaned via piping 148c and nozzles 254 to remove debris from the plaster layer surface; fig. 7) configured with a cleaning apparatus (defined as nozzles 254) to clean the block products with compressed air or water to remove dust or debris from the surface (col. 19, ll. 41-48; fig. 7), Jennings does not explicitly disclose wherein the blocks with one or more polished layers are conveyed to a cleaning zone to remove dust or debris from the polished layer and yield block products having one or more cleaned layers.
However, the embodiment of fig. 6 in Jennings teaches a method of finishing block products wherein a cleaning zone (end of conveyor in which nozzles 128 are directed to; fig. 6) is provided following all abrasion treatment(s). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of finishing block products, as disclosed in embodiment of fig. 7 in Jennings, to arrange the cleaning zone following the abrasion treatment(s), including the polishing zone (as modified in from Yoo above), as taught in embodiment of fig. 6 in Jennings, in order to cool the block product and remove cuttings therefrom to prevent impact on the surface in the remaining processes (Jennings; col. 18, ll. 45-68).
Third, Jennings does not explicitly disclose further conveying the block products with one or more cleaned layers to a surface treatment zone configured with a surface treatment apparatus applying a surface treatment composition to the cleaned plaster layers of the block products.
However, Koo (KR 100975395) further discloses a final coating step (item 500; fig. 1), wherein the coating step comprises applying a surface treatment composition to the ground, polished, then cleaned layer of the block product (pp. [0033-0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method, as disclosed in Jennings as modified above, to convey the cleaned block products to a final coating step to apply a surface treatment to the cleaned plaster layers of the block products, as taught in Koo, in order to make the surface appearance beautiful (pp. [0033] in Koo).
Further, though Jennings discloses a block substrate, Jennings does not explicitly disclose wherein the block product also includes a plaster layer, wherein the plaster layer is made from a different composition than the block substrate. Jennings does disclose the block substrates may be concrete masonry units, comprising an aggregate held together by a binder and further suggests cement pastes or sealers may be applied prior to the abrasion treatment disclosed above (col. 1, 17-23 and ll. 60-66).
Podmore (US 772,476) teaches a building block (fig. 1) comprising a block substrate (item 5; formed of a mixture of cement and sand or other suitable material; l. 38-40) and a plaster layer (items 6 and 7, defined as cement layer with quantity of marble, granite or similar stone screenings; ll. 40-43), wherein the plaster layer is of different composition than the block substrate (similar to applicant’s disclosure in which the term “plaster layer” refers to any plaster or other cementitious composition applied to the surface of the block substrate, pp. [0010] in instant disclosure), and wherein the plaster layer of the building block is configured to be polished once the layer has set or solidified in order to produce an exterior finish (Podmore; ll. 20-25), corresponding to the grinding, polishing, and cleaning steps of the method disclosed above.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to configure the block substrate, as disclosed in Jennings, to have a plaster layer made of different composition on the block substrate, as taught in Podmore, in order for the method to function as intended and produce a finished plaster layer after abrasion and polishing treatments.
Lastly, though Jennings disclose wherein the coarse grinding cylinder is provided with a pattern of abrasive such as natural or synthetic diamonds, Jennings does not explicitly disclose the grit size of the coarse grinding cylinder, such as the coarse grinding cylinder having a grit size of 20-grit to 35-grit; further, though Jennings discloses the second abrasion treatment performed on the coarsely ground plaster layers of the block products is through a cylinder roller (via cylinder 210b) having a synthetic diamond matrix (col. 19, ll. 20-25), Jennings does not explicitly disclose the cylinder is a fine grinding cylinder to finely grind the one or more coarsely ground plaster layers to yield block products having finely ground plaster layers. As further recited in the claim, a fine grinding cylinder or roller has a grit size ranging from 70-grit to 85-grit (pp. [0095], fig. 10 in instant disclosure); and further, Jennings as modified above is silent on the polishing cylinder having a grit size of 110-grit to 125-grit.
However, Palermo (US Patent No. 7,591,967) teaches a method for a concrete floor comprising a coarse grind step (step 126; fig. 1), wherein the coarse grind step utilizes a grinding medium of diamond or carborundum with a 10-24 grit range (col. 7, ll. 52-54), and a fine grind step (step 130; fig. 1) following the coarse grind step, wherein the fine grind step utilizes a grinding medium with a 50-120 grit range (col. 7, ll. 66 through col. 8, ll. 1), and a polishing step (item 138; fig. 1), wherein the polishing step follows the coarse grinding step and fine grinding step, and wherein the polishing step utilizes a polishing medium of carborundum with 120 grit or higher (co. 8, ll. 36-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the coarse grinding cylinder, the second grinding cylinder, and the polishing cylinder, as disclosed in Jennings as modified by Yoo, to include a coarse-grit range between 10-24, a fine-grit range between 50-120, and a polishing-grit range of 120 grit or higher, as disclosed in Palermo, in order for the machine to function as intended, achieve uniform decorative aggregate during grinding, and achieve a smooth, polished surface having the decorative aggregate exposed (Palermo; col. 8, ll. 29-30).
Further, Palermo teaches a coarse cylinder grit range (10-24 grit) that overlaps with the claimed coarse cylinder grit range (20-grit to 35-grit) and a fine cylinder grit range (50-120 grit) that overlaps with the claimed fine cylinder grit range (70-grit to 85-grit) and a polishing-grit range (120 grit or higher) that overlaps with the claimed polishing grit range (110-grit to 125-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the coarse cylinder grit range from Palermo from between 10-24 to between 20-24 and, select the fine cylinder grit range from between 50-120 to between 70-85, and further, to select the polishing grit range from between 120 grit or higher to between 120-125 grit since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Jennings (US Patent No. 5,085,008) in view of Palermo (US Patent No. 7,591,967), Yoo (KR 100975395), Zhao (CN 113715175), and Podmore (US Patent No. 0,772,476), and further in view of Homenish.com (referred to as “Homenish”; Cinder Block Dimensions - What You Need to Know – Homenish; https://www.homenish.com/cinder-block-dimensions/), as provided in previous Office action.
Regarding claim 3, Jennings as modified discloses the method as claimed in claim 2. Though Jennings discloses the method of finishing block products (fig. 1) is capable of handling a wide variety of sizes of block products (col. 3, ll. 62-66), Jennings is silent on the exact dimensions of the block products such as having a long size and short side in order for trimming excess plaster material from the one side of the block products includes trimming excess plaster material from the short sides of rectangular-shaped block products.
Homenish (attached NPL) teaches standard cinder block dimensions, including 4-inch, 6-inch, 8-inch, 10-inch, and 12-inch cinder blocks. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the block product, as disclosed in Jennings, to be a hollow pier 4-inch block (3 5/8’’ x 15 5/8” x 3 5/8” ), wherein the short side is defined by the width (3 5/8”), as disclosed in Homenish, in order for the method to function as intended. In this case, the grinders trimming the curved corners (Jennings, col. 19, ll. 34-40) would trim both the longer and shorter sides of the plaster material on the block products.
Regarding claim 4, Jennings as modified discloses the method as claimed in claim 2, Jennings discloses the method of finishing block products (fig. 1) is capable of handling a wide variety of sizes of block products (col. 3, ll. 62-66), Jennings is silent on the exact dimensions of the block products such as having a long size and short side in order for trimming excess plaster material from the one side of the block products includes trimming excess plaster material from the long sides of rectangular-shaped block products.
Homenish (attached NPL) teaches standard cinder block dimensions, including 4-inch, 6-inch, 8-inch, 10-inch, and 12-inch cinder blocks. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the block product, as disclosed in Jennings, to be a hollow pier 4-inch block (3 5/8’’ x 15 5/8” x 3 5/8” ), wherein the long side is defined by the length (15 5/8”), as disclosed in Homenish, in order for the method to function as intended. In this case, the grinders trimming curved corners (Jennings, col. 19, ll. 34-40) would trim both the longer and shorter sides of the plaster material on the block products.
Claims 13, 21-24, 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Jennings (US Patent No. 5,085,008) in view of Palermo (US Patent No. 7,591,967), Yoo (KR 100975395), and Podmore (US 0,772,476).
Regarding claim 13, Jennings (US Patent No. 5,085,008) discloses a method (embodiment of fig. 7) of finishing block products (masonry block units 12 to finished block products 14; col. 19, ll. 64 through col. 20, ll. 19) having one or more plaster layers (block products 12 are concrete masonry units comprised of an aggregate and binder; col. 1, ll. 17-26 and col. 1, ll. 51-54), the method comprising:
placing a plurality of intermediate block products (defined as step of loading block products 12 via arms 88; col. 10, ll. 41-44 and col. 19, ll. 66-67; fig. 1), each comprising a block substrate (items 12; fig. 1) and one layer on the block substrate (defined as upper layer surface of item 12), onto a conveyor (item 34; fig. 1);
conveying the intermediate block products (col. 20, ll. 4-11; block products 12 are conveyed into processing station 62) to a coarse grinding zone (defined as first zone, i.e. station, of abrasion treatment within processing station 62; col. 20, ll. 10-15; fig. 7) configured with coarse grinding apparatus (item 210a; col. 19, ll. 21-25; fig. 7), the coarse grinding apparatus coarsely grinding the layer to yield block products having one or more coarsely ground layers (block products 12 following abrasion treatment via cylinder 210a are defined as coarsely ground block products);
conveying the block products with one or more coarsely ground layers (col. 20, ll. 4-11; block products are continuously conveyed through processing station 62, i.e. through first abrasion treatment then second abrasion treatment) to a grinding zone (defined as second zone, i.e. station, of second abrasion treatment; col. 19, ll. 26-30) configured with grinding apparatus (item 210b; fig. 7), the grinding apparatus grinding the one or more coarsely ground layers to yield block products having ground layers (following the coarse grinding cylinder 210a, the block products define coarsely ground plaster layers to then be further treated via second grinding cylinder 210b; fig. 7).
Though Jennings discloses the second abrasion treatment performed on the coarsely ground plaster layers of the block products is through a cylinder roller (via cylinder 210b) having a synthetic diamond matrix (col. 19, ll. 20-25), Jennings does not explicitly disclose the cylinder is a fine grinding cylinder to finely grind the one or more coarsely ground plaster layers to yield block products having finely ground layers. As stated in instant disclosure, a fine grinding cylinder or roller can have a grit size ranging from about 70-grit to about 85-grit (pp. [0095], fig. 10 in instant disclosure).
Therefore, Palermo (US Patent No. 7,591,967) teaches a method for a concrete floor comprising a coarse grind step (step 126; fig. 1) and a fine grind step (step 130, wherein the grinding media is a 50-120 grit range, corresponding to fine-grit range in instant disclosure) following the coarse grind step.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the grinding cylinder (210b) of the second abrasion treatment, as disclosed in Jennings, to include a fine-grit range, as taught in Palermo, in order for the machine to function as intended and achieve a finely ground layer prior to the remaining steps.
Further, Jennings does not explicitly disclose conveying the block products with one or more finely ground layers to a polishing zone configured with a polishing apparatus, the polishing apparatus polishing the finely ground layers to yield block products having polished layers.
However, Yoo (KR 100975395) discloses a method (pp. [0001]; figs. 1 and 5 embodiment) of finishing block products having one or more plaster layers (defined as cured block 1; pp. [0029] and [0036-0037]; figs. 4-5), wherein the method comprises conveying the block product along a conveyor (item 10; figs. 4-6), conveying the block product to a grinding zone (step 100, pp. [0064], via items 41; fig. 5) then conveying the grinded block product to a polishing zone (step 300; figs. 1 and 5, pp. [0033], via item 30) having a polishing apparatus (item 30; fig. 5) to polish the grinded block products to yield block products having polished plaster layers (pp. [0033]; fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of finishing block products, as disclosed in Jennings, to further include conveying the finely ground block products to a polishing zone with polishing apparatus to polish the finely ground layers, as disclosed to Yoo, in order to form a non-slip function on the surface to prevent slipping without reducing the decorative beauty of the block surface (pp. [0047-0049] in Yoo).
Lastly, though Jennings discloses a block substrate, Jennings does not explicitly disclose wherein the block product also includes a plaster layer, wherein the plaster layer is made from a different composition than the block substrate. Jennings does disclose the block substrates may be concrete masonry units, comprising an aggregate held together by a binder and further suggests cement pastes or sealers may be applied prior to the abrasion treatment disclosed above (col. 1, 17-23 and ll. 60-66).
Podmore (US 772,476) teaches a building block (fig. 1) comprising a block substrate (item 5; formed of a mixture of cement and sand or other suitable material; l. 38-40) and a plaster layer (items 6 and 7, defined as cement layer with quantity of marble, granite or similar stone screenings; ll. 40-43), wherein the plaster layer is of different composition than the block substrate (similar to applicant’s disclosure in which the term “plaster layer” refers to any plaster or other cementitious composition applied to the surface of the block substrate, pp. [0010] in instant disclosure), and wherein the plaster layer of the building block is configured to be polished once the layer has set or solidified in order to produce an exterior finish (Podmore; ll. 20-25), corresponding to the grinding and polishing steps of the method disclosed above.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to configure the block substrate, as disclosed in Jennings, to have a plaster layer made of different composition on the block substrate, as taught in Podmore, in order for the method to function as intended and produce a finished plaster layer after abrasion and polishing treatments.
Regarding claim 21, Jennings as modified discloses the method as claimed in claim 13, wherein the coarse grinding apparatus comprises a coarse grinding cylinder (item 210a; col. 19, ll. 21-25; fig. 7).
Regarding claim 22, Jennings as modified discloses the method as claimed in claim 21. Though Jennings disclose wherein the coarse grinding cylinder is provided with a pattern of abrasive such as natural or synthetic diamonds, Jennings does not explicitly disclose the grit size of the coarse grinding cylinder, such as the coarse grinding cylinder having a grit size of 20-grit to 35-grit.
However, Palermo (US Patent No. 7,591,967) teaches a method for a concrete floor comprising a coarse grind step (step 126; fig. 1), wherein the coarse grind step utilizes a grinding medium of diamond or carborundum with a 10-24 grit range (col. 7, ll. 52-54).
First, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the coarse grinding cylinder, as disclosed in Jennings, to include a coarse-grit range between 10-24, as disclosed in Palermo, in order for the machine to function as intended and achieve uniform decorative aggregate prior to the following step.
Second, Palermo teaches a grit range (10-24 grit) that overlaps with the claimed grit range (20-grit to 35-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the grit range from Palermo from between 10-24 to between 20-24 since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Regarding claim 23, Jennings as modified discloses the method as claimed in claim 13, wherein the fine grinding apparatus comprises a fine grinding cylinder (item 210b, as modified above in Palermo to a fine-grit cylinder; fig. 7 in Jennings).
Regarding claim 24, Jennings as modified discloses the method as claimed in claim 23. Palermo, as modified in above, teaches the fine grinding cylinder has a grit range (50-120 grit) that overlaps with the claimed grit range (70-grit to 85-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the grit range from Palermo from between 50-120 grit to between 70-85 grit since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Regarding claim 27, Jennings as modified discloses the method as claimed in claim 21. Though Jennings discloses conveying the block product with one or more plaster layers (col. 20, ll. 4-11, blocks 12 are continuously conveyed through processing station 62) to a cleaning zone (col. 19, ll. 41-48; the block products are cleaned via piping 148c and nozzles 254 to remove debris from the plaster layer surface; fig. 7) configured with a cleaning apparatus (defined as nozzles 254), the cleaning apparatus cleaning the one or more plaster layers of the block products with compressed air or water to remove dust or debris from the surface (col. 19, ll. 41-48; fig. 7), Jennings does not explicitly disclose wherein the blocks with one or more polished plaster layers are conveyed to a cleaning zone to remove dust or debris from the polished plaster layer and yield block products having one or more cleaned plaster layers.
However, the embodiment of fig. 6 in Jennings teaches a method of finishing block products wherein a cleaning zone (end of conveyor in which nozzles 128 are directed to; fig. 6) is provided following all abrasion treatment(s).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of finishing the block products, as disclosed in embodiment of fig. 7 in Jennings, to arrange the cleaning zone following the abrasion treatment(s), including the polishing zone (as modified in from Yoo above), as taught in embodiment of fig. 6 in Jennings, in order to cool the block product and remove cuttings therefrom to prevent impact on the surface in the remaining process (Jennings; col. 18, ll. 45-68).
Regarding claim 28, Jennings as modified discloses the method as claimed in claim 27, but does not explicitly disclose further conveying the block products with cleaned plaster layers to a surface treatment zone configured with surface treatment apparatus applying a surface treatment composition to the cleaned plaster layers of the block products.
However, Koo (KR 100975395) discloses a method (pp. [0001]; fig. 1) of finishing block products, wherein the method comprises a grinding step (item 100; fig. 1), a cooling step (item 200; pp. [0058]; fig. 1), a polishing step (item 300; fig. 1), and a final coating step (item 500; fig. 1), wherein the coating step comprises applying a surface treatment composition to the surface of the block product (pp. [0033-0034]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method, as disclosed in Jennings as modified above, to convey the cleaned block products to a final coating step to apply a surface treatment to the cleaned plaster layers of the block products, as taught in Koo, in order to make the surface appearance beautiful (pp. [0033] in Koo).
Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Jennings, Palermo, Yoo, and Podmore as applied to claim 13 above, and further in view of Zhao (CN 113715175).
Regarding claim 25, Jennings as modified discloses the method as claimed in claim 13. Yoo, as modified in above, discloses the polishing step is performed via polishing cutter (item 31; fig. 5) and does not explicitly disclose a polishing cylinder to perform the polishing.
However, Zhao (CN 113715175) teaches a method and apparatus for block production (pp. [n0001]) wherein the apparatus includes conveying table (fig. 1) analogous to the conveying mechanism of Jennings and along the conveying table is a polishing component (item 4; fig. 1), wherein the polishing component is a polishing roller (item 4; fig. 2).
Both Yoo and Zhao disclose means to perform polishing on a block product. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the polishing cutter, as disclosed in Yoo, with the polishing roller, as taught in Zhao, to achieve the predictable result of polishing the surface of the block product and ensure the entire surface of the block product is polished.
Regarding claim 26, Jennings as modified discloses the method as claimed in claim 25, but is silent on the polishing cylinder having a grit size of 110-grit to 125-grit. However, Palermo further teaches the method for a concrete floor comprising a polishing step (item 138; fig. 1), wherein the polishing step follows the coarse grinding step and fine grinding step, and wherein the polishing step utilizes a polishing medium of carborundum with 120 grit or higher (co. 8, ll. 36-38).
First, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the polishing grinding cylinder, as disclosed in Jennings as modified by Yoo and Zhao and Podmore above, to include a polishing-grit range of 120 grit or higher, as disclosed in Palermo, in order for the machine to function as intended and achieve a smooth, polished surface having the decorative aggregate exposed (Palermo; col. 8, ll. 29-30).
Second, Palermo teaches a grit range (120 grit or higher, i.e. infinity) that overlaps with the claimed grit range (110-grit to 125-grit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the grit range from Palermo from between 120 grit or higher to between 120-125 grit since it has been that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Jennings, Palermo, Yoo, and Podmore as applied to claim 13 above, and further in view of Mizer (US Patent No. 3,213,510).
Regarding claim 29, Jennings as modified discloses the method as claimed in claim 13. Though Jennings discloses a trimming zone (via grinders 242; col. 19, ll. 34-40; fig. 7), the trimming zone is configured following the abrasion treatment(s), i.e. grinding and polishing steps, and therefore, does not explicitly disclose further comprising conveying the intermediate block products to a trimming zone or station configured with trimming apparatus prior to conveying the intermediate block products to the coarse grinding zone, the trimming apparatus trimming excess plaster material from at least two sides of the block products to yield trimmed block products.
However, Mizer (US Patent No. 3,213,510) teaches a block finishing machine and method (figs. 1-2), wherein the method comprises conveying a plurality of intermediate block products (items 41; figs. 1-2) along conveyor (item 20; fig. 1) to a trimming zone (defined as zone passing into frame 62 and at first rollers 68, prior to grinding rollers 98; fig. 1) prior to conveying the intermediate block products to a grinding zone (trimming rollers 68 are prior to grinding rollers 98; fig. 1), the trimming zone configured with a trimming apparatus (defined as roller 84; fig. 5) for trimming excess plaster material (defined as material 94 in view of fig. 3) from at least two sides (left and right sides of block product in view of fig. 3) of the block products to yield trimmed block products (fig. 4).
Both Jennings and Mizer disclose means to trim excess plaster material from the corners and edges of the block products. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the trimming zone following the abrasion treatment(s), as disclosed in Jennings, with the trimming zone prior to the abrasion treatments, as taught in Mizer, to achieve the predictable result of providing the block products with an architecturally decorate relief including curved corners and/or beveled edges and further, create uniformity around the edges (Mizer; col. 4, ll. 73 through col. 5, ll. 5).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13, and 30 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new ground of rejection is made for independent claims 1 and 30 in view of the same references from previous Office action, Jennings (US Patent No. 5,085,008), Palermo (US Patent No. 7,591,967), Yoo (KR 100975395), Zhao (CN 113715175), and further in view of a new teaching reference, Podmore (US 0,772,476); and further a new ground of rejection is made for independent claim 13 in view of the same references from previous Office action, Jennings (US Patent No. 5,085,008), Palermo (US Patent No. 7,591,967), Yoo (KR 100975395), and further in view of a new teaching reference, Podmore (US 0,772,476).
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.
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/SIDNEY D FULL/Examiner, Art Unit 3723
