DETAILED ACTION
This Office action is a reply to the RCE filed on 3/23/2026. Currently, claims 1-8, 12-16, 18 and 23-25 are pending. Claims 9-11, 17, 19-22 and 26-31 have been cancelled. No claims have been withdrawn. No new claims have been added.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/23/2026 has been entered.
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 23-25 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.
Claim 23, “an assembly according to Claim 1” is indefinite because it is unclear whether the limitation is referring to the “facade panel assembly” previously recited in claim 1, or a different/additional assembly. Does applicant intend for the limitation to refer to the facade panel assembly?
The remainder of claims in this section are rejected by virtue of depending from a rejected base claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8, 12-16, 18 and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bado et al. (US 6226947) (‘Bado’).
Claim 1, Bado provides a facade panel assembly for mounting a facade panel to a wall, comprising:
a frame member made of at least two main bars 20 and at least one secondary bar 10 interconnected therebetween (Fig. 1); and
at least two fixing elements (230 or alternatively 70) configured for fixedly attaching the frame member to the facade panel to obtain a facade arrangement including the frame member and the facade panel (it is understood that the at least two fixing elements are suitable for fixedly attaching the frame member to the facade panel to obtain a facade arrangement including the frame member and the facade panel; Fig. 6), the facade panel including a front face (front face of 100) and a back face (back face of 100);
wherein, in the facade arrangement, the frame member is fixed to the back face of the facade panel (Fig. 6) and the front face of the facade panel is free of the at least two fixing elements (Fig. 6), and
wherein the at least one secondary bar configured for detachably mounting the facade arrangement to the wall (it is understood that the at least one secondary bar is suitable for detachably mounting the facade arrangement to the wall on which it is installed; col. 4, lines 25-33; Fig. 6).
Claim 2, Bado further provides wherein the at least two main bars are parallel with respect to each other (Figs. 1 and 6).
Claim 3, Bado further provides wherein the at least two main bars are vertically oriented (Figs. 1 and 6).
Claim 4, Bado further provides wherein the at least one secondary bar is horizontally oriented (Figs. 1-6).
Claim 5, Bado further provides wherein the at least one secondary bar is perpendicular to at least one of the at least two main bars (Figs. 1 and 6).
Claim 6, Bado further provides wherein the at least two main bars extend along a main plane passing therethrough (there are virtually infinite main planes that the at least two main bars extend along and pass through; Figs. 1 and 6) and the at least one secondary bar extends along a secondary plane passing therethrough being parallel to and spaced from the main plane (there are virtually infinite secondary planes that the at least one secondary bar extends along and through and parallel to and spaced from respective ones of the virtually infinite main planes; Figs. 1-6).
Claim 7, Bado further provides wherein the at least two fixing elements are configured for fixedly attaching the at least two main bars to the facade panel (it is understood that the at least two fixing elements are suitable to fixedly attach the at least two main bars to the facade panel Fig. 6), thereby attaching the frame member to the facade panel (Fig. 6), and when the at least two main bars are mounted to the facade panel, the main plane is closer to the facade panel than the secondary plane (when the at least two main bars are mounted to the facade panel, the main plane selected from the virtually infinite number of main planes is closer to the facade panel than the secondary plane selected from the virtually infinite number of secondary planes; Fig. 6).
Claim 8, Bado further provides at least one connecting mechanism configured for interconnecting the at least one secondary bar with the wall (see fastener in Fig. 6; col. 4, lines 25-33).
Claim 12, Bado further provides wherein the frame member is formed as a grid (under the broadest reasonable interpretation, the layout shown in Fig. 1 constitutes a grid, as exceedingly broadly claimed).
Claim 13, Bado further provides wherein upon mounting the at least two main bars to the facade panel, a distance (De) between one main bar of the at least two main bars and a corresponding edge of the facade panel closest to said one main bar is smaller than a distance (Db) between said one main bar and a neighboring main bar of said one main bar (Fig. 3; a distance De between left main bar and a panel edge closest to the left main bar is smaller than a distance Db between the left main bar and right main bar).
Claim 14, Bado further provides wherein one of the at least two fixing elements is configured for fixedly attaching one of the at least two main bars to the facade panel (Fig. 6; generically shown in Fig. 3) and the other one of the at least two fixing elements is configured for fixedly attaching the other one of the at least two main bars to the facade panel (adjacent main bars shown attaching a facade panel generically shown in Fig. 3).
Claim 15, Bado further provides wherein the at least one secondary bar is two or more secondary bars (bars 10) being parallel to each other (Fig. 1).
Claim 16, Bado further provides wherein the at least one secondary bar is spaced from the facade panel by a distance (Ds), which is equal to or greater than a width of the at least two main bars (Fig. 6).
Claim 18, Bado further provides wherein each one of the at least two main bars is a hollow bar (under the broadest reasonable interpretation, in as much as applicant’s open-profile main bars are hollow bars, Bado’s main bars are likewise hollow bars; Fig. 1), having a first surface configured for being fixed to the facade panel (first surface of 20 suitable to be fixed to the facade panel; Figs. 1 and 6) and a second opposite surface configured for being connected to the at least one secondary bar (second opposite surface of 20 suitable to be connected to the at least one secondary bar; Figs. 1 and 6), wherein the first surface of each one of the at least two main bars, has at least one first hole being smaller than at least a portion of each one the at least two fixing elements (hole through which fastener passes, which is smaller than at least a portion of each of the at least two fixing elements 230 or alternatively 70; Fig. 6), and the second surface of each one of the at least two main bars, has at least one second hole being smaller than at least a portion of a connecting member configured to connect the at least one secondary bar to each one of the at least two main bars (hole on the back of 20 that receives the fastener for connecting to 10; Fig. 6).
Claim 23, Bado provides a method for preparing a facade arrangement to be mounted to a wall, comprising:
constructing an assembly according to claim 1 (see rejection of claim 1 as above) by interconnecting at least one secondary bar 10 to at least two main bars 20, thereby forming a frame member (col. 4, lines 25-33; Fig. 6); and
fixedly attaching the at least two main bars to a facade panel 100 by using at least two fixing elements (230 or alternatively 70) to obtain a facade arrangement including the frame member and the facade panel (facade arrangement obtained as shown in Fig. 6), wherein the frame member is fixed to a back face of the facade panel (Fig. 6) and a front face of the facade panel is free of the at least two fixing elements (Fig. 6).
Claim 24, Bado further provides providing the facade panel with at least two undercut holes (“undercut holes” 210 and/or 220) cut into the facade panel configured for facilitating therein the at least two fixing elements (the undercut holes are suitable to facilitate therein the at least two fixing elements via 230 and fasteners; Fig. 6).
Claim 25, Bado further provides further adjusting the at least one secondary bar at a general horizontal orientation (under the broadest reasonable interpretation of adjusting to mean installing the at least one secondary bar at a desired orientation, the one secondary bar is shown to be adjusted as desired in a general horizontal orientation as shown in Figs. 1 and 6).
Claim(s) 1-8, 12-16 and 23-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ochi (US 20200071934).
Claim 1, Ochi provides a facade panel assembly for mounting a facade panel to a wall, comprising:
a frame member made of at least two main bars 40 and at least one secondary bar 100 interconnected therebetween (Figs. 1 and 4); and
at least two fixing elements 50 configured for fixedly attaching the frame member to the facade panel to obtain a facade arrangement including the frame member and the facade panel (Figs. 1 and 4), the facade panel including a front face (front face of 2; Fig. 4) and a back face (back face of 2; Fig. 4);
wherein, in the facade arrangement, the frame member is fixed to the back face of the facade panel (Fig. 4) and the front face of the facade panel is free of the at least two fixing elements (Figs. 1 and 4), and
wherein the at least one secondary bar is configured for detachably mounting the facade arrangement to the wall (under the broadest reasonable interpretation, the at least one secondary bar 100 is configured for detachably mounting the facade arrangement to the wall 8 via anchor bolts 100B; Fig. 4).
Claim 2, Ochi further provides wherein the at least two main bars are parallel with respect to each other (Fig. 1).
Claim 3, Ochi further provides wherein the at least two main bars are vertically oriented (Fig. 1).
Claim 4, Ochi further provides wherein the at least one secondary bar is horizontally oriented (Fig. 1).
Claim 5, Ochi further provides wherein the at least one secondary bar is perpendicular to at least one of the at least two main bars (Fig. 1).
Claim 6, Ochi further provides wherein the at least two main bars extend along a main plane passing therethrough (Figs. 1 and 4) and the at least one secondary bar extends along a secondary plane passing therethrough being parallel to and spaced from the main plane (Figs. 1 and 4).
Claim 7, Ochi further provides wherein the at least two fixing elements are configured for fixedly attaching the at least two main bars to the facade panel (Figs. 1 and 4), thereby attaching the frame member to the facade panel (Figs. 1 and 4), and when the at least two main bars are mounted to the facade panel, the main plane is closer to the facade panel than the secondary plane (Figs. 1 and 4).
Claim 8, Ochi further provides at least one connecting mechanism 100B configured for interconnecting the at least one secondary bar with the wall (Fig. 4).
Claim 12, Ochi further provides the frame member formed as a grid (Fig. 1).
Claim 13, Ochi further provides wherein upon mounting the at least two main bars to the facade panel, a distance (De) between one main bar of the at least two main bars and a corresponding edge of the facade panel closest to said one main bar is smaller than a distance (Db) between said one main bar and a neighboring main bar of said one main bar (an edge of a panel overlaps a main bar, which is a smaller distance than the space between two main bars; Fig. 1).
Claim 14, Ochi further provides wherein one of the at least two fixing elements is configured for fixedly attaching one of the at least two main bars to the facade panel and the other one of the at least two-fixing elements is configured for fixedly attaching the other one of the at least two main bars to the facade panel (a plurality of fixing elements are present, with different fixing elements on different main bars connected to different facade panels; Fig. 1).
Claim 15, Ochi further provides wherein the at least one secondary bar is two or more secondary bars being parallel to each other (Fig. 1).
Claim 16, Ochi further provides wherein the at least one secondary bar is spaced from the facade panel by a distance (Ds), which is equal to or greater than a width of the at least two main bars (Fig. 4).
Claim 23, Ochi provides a method for preparing a facade arrangement to be mounted to a wall, comprising:
constructing an assembly according to Claim 1 (see rejection of claim 1 as above) by interconnecting at least one secondary bar to at least two main bars (Fig. 4), thereby forming a frame member (Figs. 1 and 4); and
fixedly attaching the at least two main bars to a facade panel by using at least two fixing elements to obtain a facade arrangement including the frame member and the facade panel (Figs. 1 and 4), wherein the frame member is fixed to a back face of the facade panel (Figs. 1 and 4) and a front face of the facade panel is free of the at least two fixing elements (Figs. 1 and 4).
Claim 24, Ochi further provides providing the facade panel with at least two undercut holes (at reference character 23A; Fig. 4) cut into the facade panel configured for facilitating therein the at least two fixing elements (Ochi the hole cut into the facade panel is suitable for facilitating therein the two fixing elements at reference character 52 in Fig. 4 located at left and right sides of the panel at reference character 50 in Fig. 1).
Claim 25, Ochi further provides wherein the method further comprises adjusting the at least one secondary bar at a general horizontal orientation (under the broadest reasonable interpretation, Ochi teaches adjusting the at least one secondary bar, at least upon installation at a general horizontal orientation, as exceedingly broadly claimed; Ochi Fig. 1).
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.
Claim(s) 1-8, 12-16, 18 and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baek (US 20100031597) in view of Ochi (US 20200071934).
Claim 1, Baek teaches a facade panel assembly for mounting a facade panel 100 to a wall 2, comprising:
a frame member made of at least two main bars 40 and at least one secondary bar 30 interconnected therebetween (Fig. 1); and
at least two fixing elements 50 configured for fixedly attaching the frame member to the facade panel to obtain a facade arrangement including the frame member and the facade panel (Figs. 1-3), the facade panel including a front face and a back face (front face and back face of 100, respectively; Figs. 1-3);
wherein, in the facade arrangement, the frame member is fixed to the facade panel (Figs. 1 and 3) and the front face of the facade panel is free of the at least two fixing elements (Figs. 1 and 3), and
wherein the at least one secondary bar is configured for detachably mounting the facade arrangement to the wall (via mounting elements 4, 10, 12, 20; Figs. 1 and 3).
Baek does not teach the frame member being fixed to the back face of the facade panel. However, Ochi teaches a facade panel assembly, wherein a frame member 40 is fixed to a back face of a facade panel (2; Fig. 4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the connection of the frame member and the facade panel such that the frame member is fixed to the back face of the facade panel, with the reasonable expectation of success of using known means to fix the facade panel to the frame more stably (Ochi [0018]) to improve the appearance of the joined facade panels (Ochi [0039], [0083], [0139]).
Claim 2, Baek further teaches wherein the at least two main bars are parallel with respect to each other (Fig. 1).
Claim 3, Baek further teaches wherein the at least two main bars are vertically oriented (Fig. 1).
Claim 4, Baek further teaches wherein the at least one secondary bar is horizontally oriented (Fig. 1).
Claim 5, Baek further teaches wherein the at least one secondary bar is perpendicular to at least one of the at least two main bars (Fig. 1).
Claim 6, Baek further teaches wherein the at least two main bars extend along a main plane passing therethrough (Figs. 1 and 3) and the at least one secondary bar extends along a secondary plane passing therethrough being parallel to and spaced from the main plane (Figs. 1 and 3).
Claim 7, as modified above, the combination of Baek and Ochi teaches all the limitations of claim 6, and further teaches wherein the at least two fixing elements are configured for fixedly attaching the at least two main bars to the facade panel (Baek Figs. 1-3; Ochi Figs. 1 and 4), thereby attaching the frame member to the facade panel (Baek Figs. 1-3; Ochi Figs. 1 and 4), and when the at least two main bars are mounted to the facade panel, the main plane is closer to the facade panel than the secondary plane (Baek Figs. 1-3; Ochi Figs. 1 and 4).
Claim 8, Baek further teaches at least one connecting mechanism (4, 10, 12, 20) configured for interconnecting the at least one secondary bar with the wall (Fig. 3).
Claim 12, Baek further teaches wherein the frame member is formed as a grid (Fig. 1).
Claim 13, Baek further teaches wherein upon mounting the at least two main bars to the facade panel, a distance (De) between one main bar of the at least two main bars and a corresponding edge of the facade panel closest to said one main bar is smaller than a distance (Db) between said one main bar and a neighboring main bar of said one main bar (Fig. 1).
Claim 14, Baek further teaches wherein one of the at least two fixing elements is configured for fixedly attaching one of the at least two main bars to the facade panel and the other one of the at least two-fixing elements is configured for fixedly attaching the other one of the at least two main bars to the facade panel (Figs. 1-3).
Claim 15, Baek further teaches wherein the at least one secondary bar is two or more secondary bars being parallel to each other ([0024]; Figs. 1-3).
Claim 16, Baek further teaches wherein the at least one secondary bar is spaced from the facade panel by a distance (Ds), which is equal to or greater than a width of the at least two main bars (the distance between 40 and 100 is greater than a width of each of the two main bars 30; Fig. 3).
Claim 18, as modified above, the combination of Baek and Ochi teaches all the limitations of claim 1, and further teaches wherein each one of the at least two main bars is a hollow bar (Baek Figs. 1-2), having a first surface configured for being fixed to the facade panel (Baek surface of 40 fixed to 100; Fig. 3) and a second opposite surface configured for being connected to the at least one secondary bar (Baek surface of 40 connected to 30; Fig. 3), wherein the first surface of each one of the at least two main bars, has at least one first hole being smaller than at least a portion of each one the at least two fixing elements (Baek each of the fixing elements 50 is wider than hole 44; Fig. 2). Baek teaches attaching each of the at least two main bars to the secondary bars “in a way means such as welding” [0034]. Baek teaches other components being connected together by welding “or with fixation material such as bolt and nut” [0025]. Baek does not explicitly recite the second surface of each one of the at least two main bars, has at least one second hole being smaller than at least a portion of a connecting member configured to connect the at least one secondary bar to each one of the at least two main bars. However, Ochi teaches a second surface of each of the at least two main bars (rear surface of 40; Fig. 4) having at least one second hole (hole through which 40B passes; Fig. 4) being smaller than at least a portion of a connecting member configured to connect the at least one secondary bar to each of the at least two main bars (under the broadest reasonable interpretation, the hole in 40 through which 40B passes is smaller than the head of 40B, as exceedingly broadly claimed). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second surface of each one of the at least two main bars to have at least one second hole being smaller than at least a portion of a connecting member configured to connect the at least one secondary bar to each one of the at least two main bars, with the reasonable expectation of success of using a known means of fastening to connect the main bars and the secondary bars by substituting mechanical fasteners for welding, using known methods with no change in their respective functions. Such a substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected.
Claim 23, as modified above, the combination of Baek and Ochi teaches all the limitations of claim 1 as above, and further teaches a method for preparing a facade arrangement to be mounted to a wall, comprising:
constructing an assembly according to Claim 1 by interconnecting at least one secondary bar (Baek 30; Ochi 100) to at least two main bars (Baek 40; Ochi 40), thereby forming a frame member (Baek Fig. 1; Ochi Fig. 1); and
fixedly attaching the at least two main bars to a facade panel by using at least two fixing elements to obtain a facade arrangement including the frame member and the facade panel (Baek Figs. 1-3; Ochi Figs. 1 and 4), wherein the frame member is fixed to a back face of the facade panel (Ochi Fig. 4) and a front face of the facade panel is free of the at least two fixing elements (Baek Figs. 1-3; Ochi Figs. 1 and 4).
Claim 24, as modified above, the combination of Baek and Ochi teaches all the limitations of claim 1 as above, and further teaches wherein the method further comprises providing the facade panel with at least two undercut holes (Ochi at reference character 23A; Fig. 4) cut into the facade panel configured for facilitating therein the at least two fixing elements (Ochi the hole cut into the facade panel is suitable for facilitating therein the two fixing elements at reference character 52 in Fig. 4 located at left and right sides of the panel at reference character 50 in Fig. 1).
Claim 25, as modified above, the combination of Baek and Ochi teaches all the limitations of claim 1 as above, and further teaches adjusting the at least one secondary bar at a general horizontal orientation (under the broadest reasonable interpretation, Baek and Ochi each teach adjusting the at least one secondary bar, at least upon installation at a general horizontal orientation, as exceedingly broadly claimed; Baek Fig. 1; Ochi Fig. 1).
Response to Arguments
Applicant's arguments filed 3/23/2026 have been fully considered but they are not persuasive.
Rejection of claim(s) 1-8, 12-16, 18 and 23-25 under 35 U.S.C. 102(a)(1) as being anticipated by Bado et al. (US 6226947) (‘Bado’).
Re claim 1, applicant argues that Bado allegedly does not teach:
“at least two fixing elements configured for fixedly attaching the frame member to the facade panel to obtain a facade arrangement including the frame member and the facade panel, the facade panel including a front face and a back face”; and
“the at least one secondary bar is configured for detachably mounting the facade arrangement to the wall”.
Bado’s at least two fixing elements (elements 230 or alternatively elements 70) constitute fixing elements, as exceedingly broadly claimed. Elements 230 are “threaded nuts or disks” (col. 5, lines 63-64) that receive fasteners 240. Elements 70 are “mounting brackets” (col. 4, lines 59-67). Brado’s frame member (elements 20) constitutes a frame member, as exceedingly broadly claimed. Elements 20 are “channel members or ‘top hats’” (col. 4, lines 31-33) that are used in combination to form a “support framework” (col. 4, lines 28-31). Bado’s facade panel (elements 100) constitutes a facade panel, as exceedingly broadly claimed. Elements 100 are “cladding boards” (col. 5, lines 13-16). Elements 100 have a front face (“exterior face” col. 5, lines 13-16) and a back face (“interior face” col. 5, lines 13-16). Bado’s secondary bar (elements 10) are “channels or girts” (col. 4, lines 29-33).
Bado’s at least two fixing elements (230 or 70) are suitable for fixedly attaching the frame member 20 to the facade panel 100 by using fasteners 240 to attach the facade panel 100 to brackets 70 and by attaching brackets 70 to the frame with fasteners (“screw, nail or other fastening means” col. 4, lines 48-58). Thus, Bado meets the claim.
Further, Bado’s secondary bar, which is attached to the frame is suitable to be mounted and detached—thus detachably mounted—to the wall, as Bado’s facade panel assembly is “for use in mounting cladding boards to the external walls of buildings” and “equally suited to mounting cladding boards to the internal walls or surfaces of buildings or other like structures” (col. 1, lines 8-13). Thus, Bado meets the claim.
Regarding applicant’s argument that Bado’s attachment is allegedly not “fixedly” attached, the examiner takes the position that although Bado’s attachment includes resilient portions, Bado’s attachment is intended to be a lasting attachment that maintains constant connection between the facade panel and the frame. Such an arrangement constitutes a fixed attachment. While the resilient portions are part of the connection, fasteners are also part of the connection that contribute to the overall coupling of the facade panel to the wall. Thus, Bado meets the claim.
Claims 2-8, 12-16, 18 and 23-25 stand or fall with claim 1 as above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635
Prosecution Insights