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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/08/2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 21, 23-25, 28-29, 32-33, 35, 37-40, 42-44, 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benjamin et al., U.S. Patent Application Publication 2004/0231252 in view of Horton et al., U.S. Patent Application Publication 2019/0211566.
Regarding claim 21, Benjamin discloses a building board assembly comprising: a building substructure (210); a first building panel (10) and at least a second building panel (20) wherein the first and at least second building panel are fixed to the building substructure in a predetermined arrangement (paragraph 64), each of the first and at least second building panel comprising a first profiled side edge and a second profiled side edge (tongue and groove portions of the panels as shown in Fig. 1B) wherein the first and second profiled side edges are opposing side edges and are of complementary configuration such that the first profiled side edge of the first building panel is configured to cooperate in a mating relationship with the second profiled side edge of the at least second building panel thereby forming a hybrid joint profile (see figures, generally) comprising at least one scarfed joint section (at 30) and at least one interlock joint section (at 60, 40), the first profiled edge portion (60) of the first building panel being offset from the second profiled edge portion (40) of the second building panel to form an engineered adhesive reservoir (at 40, see Fig. 1B) therebetween when the first profiled side edge and second profiled side edge are interfit in a mating relationship; a structural adhesive (paragraph 65) wherein the structural adhesive is located within an engineered adhesive reservoir (between 40 and 60) and wherein the engineered adhesive reservoir extends along the at least one interlock joint section (see Fig. 1B), but does not disclose the first profiled edge of the first building panel being laterally offset from the second profiled side edge of the second building panel to form an engineered adhesive reservoir therebetween, the engineered adhesive reservoir extending along the at least one scarfed joint section and the at least one interlock joint section, wherein the engineered adhesive reservoir comprises a gap and is configured to accumulate and store the structural adhesive such that the structural adhesive can distribute within the at least one scarfed joint section and the at least one interlock joint section. Horton teaches the first profiled edge of the first building panel being laterally offset from the second profiled side edge (at each of 90, 91, 92) of the second building panel to form engineered adhesive reservoir therebetween (90, 91, 92), the engineered adhesive reservoirs extending along at least three profiled sections (reservoir 91 comprises a gap extending across multiple surfaces), wherein the engineered adhesive reservoirs comprise a gap and are configured to accumulate and store the structural adhesive such that the structural adhesive can distribute within the multiple joint sections (as the reservoirs are capable of collecting overspill per paragraph 35, they are also capable of collecting and storing). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize an adhesive reservoir extending along the both the scarfed joint section and the interlock joint section of the profiled side edges, including in both the interlocking section and the scarfed joint, for maximum adhesion and shear strength. The phrases “configured to cooperate in a mating relationship” and “configured to accumulate and store the structural adhesive such that the structural adhesive can distribute within the at least one scarfed joint section and the at least one interlock joint section” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 23, Benjamin discloses a building board assembly wherein the joint profile comprises two scarfed joint sections (at 30 and at 70).
Regarding claim 24, Benjamin discloses a building board assembly wherein the interlock joint section comprises an tongue and groove joint section (see Fig. 1B).
Regarding claim 25, Benjamin discloses a building board assembly wherein the interlock joint section comprises a tabled splice joint section (at the joint edge, see Fig. 1B).
Regarding claim 28, Benjamin discloses a building board assembly wherein the hybrid joint profile comprising at least two scarfed joint sections (at 30, outer section at 70) and at least an interlock joint section wherein the interlock joint section is either a tabled splice joint section or a tongue and groove joint section (at 60, 40) wherein at least two scarfed joint sections are spaced apart from each other and the interlock joint section is intermediate the spaced apart at least two scarfed joint sections (see Fig. 1B).
Regarding claim 29, Benjamin in view of Horton, as modified, discloses a building board assembly wherein the engineered adhesive reservoir comprises at least a first and a second adhesive reservoir section (as modified, when the reservoir extends along both the scarfed profile section and the interlock joint section, as 91 of Horton, there will be a first adhesive reservoir section at the scarfed profile and a second adhesive reservoir section at the interlocking profile), wherein the first adhesive reservoir section is configured to receive a bead of the structural adhesive in a manner such that the bead of the structural adhesive can deform and flow to the second adhesive reservoir section (as the two sections form a single reservoir, as modified). The phrase “configured to receive a bead of the structural adhesive in a manner such that the bead of the structural adhesive can deform and flow to the second adhesive reservoir section” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 32, Benjamin discloses a building board assembly but does not specifically disclose wherein the two-part epoxy adhesive is a toughened epoxy. Benjamin teaches that any suitable material may be utilized for the bonding material (paragraph 65). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a toughened epoxy for its strength and durability.
Regarding claim 33, Benjamin discloses a building board assembly wherein the first building panel and the second building panel are fibre cement building panels (paragraph 67).
Regarding claim 35, Benjamin discloses a building board assembly wherein the first building panel further comprises an aesthetic finish on at least a section of at least one major face, wherein the aesthetic finish comprises one or more of the group comprising textures, patterns, profiles, visual indicia and/or a decorative finish (paragraph 126; any finish will provide texture and a desired appearance).
Regarding claims 37, 38, 40, Benjamin discloses a building board assembly but does not disclose wherein the aesthetic finish is a printed, embossed, nor machined aesthetic finish. As Benjamin teaches a coating may be applied by a variety of means (paragraph 126), it would have been obvious to print the coating if a printing means is available and cost-efficient, and the same for an embossing or a machining technique.
Regarding claim 39, Benjamin discloses a building board assembly wherein the aesthetic finish is integrally formed in at least one building panel (the finish is a component of the board, paragraph 126).
Regarding claim 42, Benjamin discloses a building board assembly comprising: a. providing a building structural support (210); b. providing a first building panel (20) comprising a first and a second profiled side edge (see Fig. 1B) and installing the first building panel by fixing the first building panel to the building structural support in a predetermined position (paragraph 64); c. Applying an uncured structural adhesive (paragraph 65) to the first profiled side edge of the first building panel (the adhesive is disposed/applied on both a first edge profile and a second edge profile as shown in Fig. 1B); d. Providing a second building panel (10) comprising a first and a second profiled side edge (see Fig. 1B) and installing the second building panel by: i. positioning its complementary profiled second profiled side edge with the first profiled side edge of the first building panel (as shown in Fig. 1B) to form a hybrid joint profile comprising at least one scarfed joint section (at 30), at least one interlock joint section (at 60, 40), and an engineered adhesive reservoir extending along the at least one interlock joint section (at 40, see Fig. 1B), wherein the engineered adhesive reservoir comprises a gap configured to receive and store the uncured structural adhesive (as it contains an adhesive, the structure is capable of receiving and storing an uncured adhesive), ii. aligning the second panel to a predetermined position (as shown in Fig. 1B), iii. urging the second profiled side edge of the second building panel and the first profiled side edge of the first building panel together (to effectively bond the panels), forming a joint line between the first and second building panels (at the panel joint; see Fig. 1B), and iv. fixing the second building panel to the building structural support in a predetermined position (as shown in Fig. 1B; after the panel has been adhered to the first panel it will at least be fixed to the substructure 210); e. for any additional building panels required to complete construction of a desired building section, applying uncured structural adhesive to the respective first profiled side edge of a previously installed building panel, repeating the previous step (as the objective of the invention is a building cladding to cover a structure, more than one board will be utilized), and f. Allowing the structural adhesive to cure (inherently), but does not specifically disclose the adhesive reservoir extends along the scarfed joint section, nor when the panels are urged together, the uncured structural adhesive stored in the engineered adhesive reservoir can be distributed within the at least one scarfed joint section and the at least one interlock joint section. Horton teaches the first profiled edge of the first building panel being laterally offset from the second profiled side edge (at each of 90, 91, 92) of the second building panel to form engineered adhesive reservoir therebetween (90, 91, 92), the engineered adhesive reservoirs extending along at least three profiled sections (reservoir 91 comprises a gap extending across multiple surfaces), wherein the engineered adhesive reservoirs comprise a gap and are configured to accumulate and store the structural adhesive such that the structural adhesive can distribute within the multiple joint sections (as the reservoirs are capable of collecting overspill per paragraph 35, they are also capable of collecting and storing). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize an adhesive reservoir extending along the both the scarfed joint section and the interlock joint section of the profiled side edges, including in both the interlocking section and the scarfed joint, for maximum adhesion and shear strength. The phrases “configured to receive and store the uncured structural adhesive” and “can be distributed within the at least one scarfed joint section and the at least one interlock joint section” are statements of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 43, Benjamin discloses a building board assembly but does not disclose wherein any excess structural adhesive is removed by wiping or scraping away from the joint line. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to wipe off any excess material not necessary to the component function.
Regarding claim 44, Benjamin discloses a building board assembly but does not disclose wherein any excess structural adhesive is spread along a face of the building panels adjacent the joint line. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that any excess material which is wiped away would be spread along the adjacent surface.
Regarding claim 48, Benjamin discloses a building board assembly wherein the engineered adhesive reservoir is in the form of an indirect or contorted pathway between opposing major faces of the first building panel and the second building panel (as modified, the reservoir continues along the scarfed portion; as shown in Fig. 1B, the pathway will be contorted as the surfaces are continuous).
Claim(s) 46-47 rejected under 35 U.S.C. 103 as being unpatentable over Benjamin et al., U.S. Patent Application Publication 2004/0231252 in view of Boucke, U.S. Patent Application Publication 2021/0214952 and MacKenzie, U.S. Patent Application Publication 2012/0317909.
Regarding claim 46, Benjamin discloses a building board assembly but does not specifically disclose wherein, in the predetermined position, the first profiled side edge of one or more further installed building panels and the second profiled side edge of one or more additional further installed building panels are unsupported by framing members of the building structural support, and are disposed intermediate to respective adjacent framing members of the building structural support. MacKenzie teaches panel edges which abut at a location not directly overlying a structural member (see Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that, depending on the spacing of the structural members and the desired aesthetic outcome, panels may abut at locations intermittent the supporting structural members.
Regarding claim 47, Benjamin discloses a building board assembly but does not specifically disclose wherein the first profiled side edge of one or more further installed building panels and the second profiled side edge of one or more additional further installed building panels are unsupported by framing members of the building substructure, and are disposed intermediate to respective adjacent framing members of the building substructure. MacKenzie teaches panel edges which abut at a location not directly overlying a structural member (see Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that, depending on the spacing of the structural members and the desired aesthetic outcome, panels may abut at locations intermittent the supporting structural members.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 and 42 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding the applicant’s remarks regarding the reservoir’s ability to store and distribute an adhesive, the examiner contends that a space between panels capable of receiving an adhesive is known in the art as taught by Horton as set forth above, as the reservoir as claimed is a space between two assembled panel profile elements rather than a space of a single panel which receives an adhesive prior to assembling of the panels. If the reservoir can accept overspill, it is also capable of distributing or rejecting excess of the medium. See also the Patent Publication of Kell in the attached PTOL-892 (paragraph 176). The examiner would also like to note that the reservoir, or space between two assembled panels, is not claimed as extending from an upper panel surface to a lower panel surface, but only between profile edges, and the prior art of both Horton and Kell teach at least one space for accepting a medium between profiled edges. Both pieces of art teach profiled edge sections offset from one another upon being assembled, with Horton teaching a space (91) which extends along two separate surfaces.
See rejections as set forth above.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633