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 .
DETAILED ACTION
This communication is a first Office Action on the Merits. Claims 1, 3-5, 7-10, and 18-26, as originally filed 04 AUG. 2026, are pending and have been considered as follows:
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04 AUG. 26 has been entered.
Claim Objections
Claim 3, 5, 7-10 objected to because of the following informalities:
Cl. 3, 5, 7-10, ln. 1 ea.: after “block of” it is unclear if a single space is included before the word “Claim” as the claims appear to have included either no space or a double space
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
CLAIMS PRESENTED BELOW IN HIERARCHICAL ORDER
Claim 1, 21, 23-26, 18, 22, 19 and 20 rejected under 35 U.S.C. 103 as being unpatentable over WHITAKER JACE GB 2420354 A (Whitaker) in view of Kinmount et al. US 20150175763 A1 (Kinmount) and Au et al. US 7765759 B2 (Au).
As per claim 1 Whitaker teaches a segmented composite (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) construction block (“Block” title) comprising:
a plurality of segments (frames surrounding openings 44, 44, FIG. 4-7),
each segment (frames surrounding openings 44, 44, FIG. 4-7) having a segment length,
a segment width equal to the segment length (see two “equal” segment width and length, FIG. 4-7),
a first open end (top end, FIG. 4-7),
a second open end (bottom end, FIG. 4-7) opposite the first open end (top end, FIG. 4-7), and
an interior (square-section tubular formation 48, FIG. 4-7),
the plurality of segments (frames surrounding openings 44, 44, FIG. 4-7) formed integrally (see “integrally”, FIG. 4-7) with one another to form the construction block (“Block” title);
interlocking features (lip 50 and recessed bottom area, FIG. 4-7) located continuously along an entire perimeter (see “perimeter”, FIG. 4-7) of the first and second open ends of each segment (frames surrounding openings 44, 44, FIG. 4-7),
the segmented composite construction block (“Block” title) configured to interlock (see “protuberances are interference fits with the recesses so that, once the blocks are pushed, or if necessary tapped with a mallet, together, they are held firmly and resist separation” p. 2, ln. 28) with adjacent blocks (“Block” title) horizontally, vertically and orthogonally,
wherein the interlocking features (lip 50 and recessed bottom area, FIG. 4-7) of each segment (frames surrounding openings 44, 44, FIG. 4-7) comprises a male lip (upper part 50, FIG. 4-7) and a female inset (recessed bottom area, FIG. 4-7), and wherein the male lip (upper part 50, FIG. 4-7) comprises a thickness that is equal to a dimension of the female inset (recessed bottom area, FIG. 4-7),
the male lip (upper part 50, FIG. 4-7) and the female inset (recessed bottom area, FIG. 4-7) being formed integrally and continuously (see “integrally and continuously”, FIG. 4-7) in each segment of the plurality of segments (frames surrounding openings 44, 44, FIG. 4-7);
wherein the segmented composite construction block (“Block” title) comprises a composite material (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) comprising:
a thermoplastic material (“poly(vinyl chloride)” p. 2 ln. 3-4).
Whitaker fails to explicitly disclose:
between 40% and 70% by weight of a natural fiber; and
said thermoplastic material comprising at least one of polypropylene and polyethylene; and
wherein said composite material comprises less than 5% by weight of a coupling agent and
less than 70% of said thermoplastic material.
Kinmount teaches a recycled polymer as claimed, specifically:
between 40% and 70% by weight of a natural fiber (“TABLE-US-00001 Component % by Weight Rice husk 58.5” [0082]); and
said thermoplastic material comprising at least one of polypropylene and polyethylene (“polymer includes a thermoplastic material… polyethylene” [0037]); and
less than 70% of said thermoplastic material (see “TABLE-US-00001 Component % by Weight… High density polyethylene 32.5” [0082]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker by substituting thermoplastic comprising an amount of the protective coverings of rice grains used as an additive to thermoplastic as taught by Kinmount in order to reduce the weight and reduce the environmental impact of the blocks.
Au teaches such a coupling agent, specifically
wherein said composite material comprises less than 5% by weight (“set-retarders… additives are typically present… 0.1 to 3 weight percent” 13:4) of a coupling agent (“maleic acid” [13:50]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount by including the maleic acid as a set-retarder at less than 5% by weight as taught by Au in order to enhance the compatibility and adhesion between the composite materials.
As per claim 21 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1and Au further discloses the segmented composite construction block comprises a composite material comprising said coupling agent, said coupling agent comprising maleic acid grafted polymer. (“maleic acid” [13:50]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount and Au by including the maleic acid as taught by Au in order to enhance the compatibility and adhesion between the composite materials, thereby improving effective load transfer and overall performance.
As per claim 23 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, and Whitaker further discloses in use, an uppermost portion and a lowermost portion of each segment (frames surrounding openings 44, 44, FIG. 4-7) each include a continuous body (see continuous body, FIG. 4-7) surrounding the entire perimeter (see “perimeter”, FIG. 4-7) of the segment (frames surrounding openings 44, 44, FIG. 4-7) .
As per claim 24 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, and Whitaker further discloses a plurality of walls are connected to one another to form the first end (top end, FIG. 4-7), and the male lip (upper part 50, FIG. 4-7) is continuously recessed inward from the plurality of walls (see recessed inward, FIG. 4-7).
As per claim 25 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, and Whitaker further discloses the first end (top end, FIG. 4-7) corresponds to an upper most portion, the second end corresponds to a lowermost portion, and an area of the first end (top end, FIG. 4-7) is smaller than the area of the second end (smaller area at top end, FIG. 4-7).
As per claim 26 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, and Kinmount further discloses wherein the natural fiber is at least one of rice hulls (“Rice husk 58.5” [0082]) and hemp fiber. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount and Au by including the rice coverings/husks/hulls as taught by Au in order to improve the stiffness and strength of the assembly due to the silica content of the rice hulls
As per claim 18 Whitaker teaches an assembly (“Block” title) comprising:
a first composite (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) construction block (“Block” title) including at least one segment (frames surrounding openings 44, 44, FIG. 4-7) comprising a lip (upper part 50, FIG. 4-7) positioned continuously inward from and formed along an entire perimeter (see “inward… along… perimeter”, FIG. 4-7) of an end (top end, FIG. 4-7) of the at least one segment (frames surrounding openings 44, 44, FIG. 4-7) , the lip (upper part 50, FIG. 4-7) being formed integrally with the at least one segment (frames surrounding openings 44, 44, FIG. 4-7); and
a second composite (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) construction block (“Block” title) including at least one segment (frames surrounding openings 44, 44, FIG. 4-7) comprising an inset (recessed bottom area, FIG. 4-7) formed continuously along an entire perimeter (see “perimeter”, FIG. 4-7) of the other end (bottom end, FIG. 4-7) of the at least one segment (frames surrounding openings 44, 44, FIG. 4-7) of the second composite (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) construction block (“Block” title; note first and second as old and well-known, FIG. 3),
the inset (recessed bottom area, FIG. 4-7) being formed integrally with the at least one segment (frames surrounding openings 44, 44, FIG. 4-7); and
wherein the lip (upper part 50, FIG. 4-7) is configured to fit (see “protuberances are interference fits with the recesses so that, once the blocks are pushed, or if necessary tapped with a mallet, together, they are held firmly and resist separation” p. 2, ln. 28) within the inset (recessed bottom area, FIG. 4-7) and
wherein a thickness of the lip (upper part 50, FIG. 4-7) is equal to a dimension (see “the lower surface has a pair of second connecting formations thereon, each second connecting formation being dimensioned and arranged to co-operate with one of said first connecting formations on another block” p. 2 ln. 21; this is recognized as “equal to a dimension” as broadly claimed) of the inset (recessed bottom area, FIG. 4-7);
wherein each of the first and second composite construction blocks (“Block” title) comprise a composite material (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) comprising:
a thermoplastic material (“poly(vinyl chloride)” p. 2 ln. 3-4)
Whitaker fails to explicitly disclose:
between 40% and 70% by weight of a natural fiber;
said thermoplastic material comprising high density polyethylene; and
wherein said composite material comprises less than 5% by weight of a coupling agent and
less than 70% of said thermoplastic material.
Kinmount teaches a recycled polymer as claimed, specifically:
between 40% and 70% by weight of a natural fiber (“TABLE-US-00001 Component % by Weight Rice husk 58.5” [0082]);
said thermoplastic material comprising high density polyethylene (“polymer includes a thermoplastic material… polyethylene” [0037]; also “High density polyethylene 32.5” [0082])
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker by substituting thermoplastic comprising an amount of the protective coverings of rice grains used as an additive to thermoplastic as taught by Kinmount in order to reduce the weight and reduce the environmental impact of the blocks.
Au teaches such a coupling agent, specifically
wherein said composite material comprises less than 5% by weight of (“set-retarders… additives are typically present… 0.1 to 3 weight percent” 13:4) a coupling agent (“maleic acid” [13:50]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount by including the maleic acid as a set-retarder at less than 5% by weight as taught by Au in order to enhance the compatibility and adhesion between the composite materials.
As per claim 22 Whitaker in view of Kinmount and Au teaches the limitations according to claim 18 and Au further discloses each of the first and second composite construction blocks comprise a composite material comprising said coupling agent, said coupling agent comprising maleic acid grafted polymer (“maleic acid” [13:50]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount and Au by including the maleic acid as taught by Au in order to enhance the compatibility and adhesion between the composite materials, thereby improving effective load transfer and overall performance.
As per claim 19 Whitaker teaches a composite (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) construction block (“Block” title) comprising at least one segment (frames surrounding openings 44, 44, FIG. 4-7), the at least one segment (frames surrounding openings 44, 44, FIG. 4-7) comprising:
a plurality of walls (see “walls” about the openings 44, 44, FIG. 4-7) connected to one another and forming a first end (top end, FIG. 4-7),
a second end (bottom end, FIG. 4-7) opposite the first end (top end, FIG. 4-7), and
an interior (square-section tubular formation 48, FIG. 4-7);
a lip (upper part 50, FIG. 4-7) recessed inward from and formed continuously along an entire perimeter (see “perimeter”, FIG. 4-7) of the plurality of walls at the first end (top end, FIG. 4-7),
the lip (upper part 50, FIG. 4-7) being formed integrally with the at least one segment (frames surrounding openings 44, 44, FIG. 4-7); and
an inset (recessed bottom area, FIG. 4-7) formed along interior (square-section tubular formation 48, FIG. 4-7) surfaces of the plurality of walls at the second end (bottom end, FIG. 4-7),
the inset (recessed bottom area, FIG. 4-7) being formed integrally with the at least one segment (frames surrounding openings 44, 44, FIG. 4-7);
wherein the lip (upper part 50, FIG. 4-7) comprises a thickness that is equal to a dimension of the inset (recessed bottom area, FIG. 4-7); and
wherein the composite construction block (“Block” title) comprises a composite material (see “The plastics material may incorporate an inert filler and fire retardant. Dyes or pigments may be incorporated…” p. 3 ln. 3-6) and
a thermoplastic material (“poly(vinyl chloride)” p. 2 ln. 3-4),
Whitaker fails to explicitly disclose:
comprising: between 40% and 70% by weight of a natural fiber; and
said thermoplastic material comprising high density polyethylene; and
wherein said composite material comprises less than 5% by weight of a coupling agent and
less than 70% of said thermoplastic material.
Kinmount teaches a recycled polymer as claimed, specifically:
comprising: between 40% and 70% by weight of a natural fiber (“TABLE-US-00001 Component % by Weight Rice husk 58.5” [0082]); and
said thermoplastic material comprising high density polyethylene (“polymer includes a thermoplastic material… polyethylene” [0037]; also “High density polyethylene 32.5” [0082]); and
less than 70% of said thermoplastic material.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker by substituting thermoplastic comprising an amount of the protective coverings of rice grains used as an additive to thermoplastic as taught by Kinmount in order to reduce the weight and reduce the environmental impact of the blocks.
Au teaches such a coupling agent, specifically
wherein said composite material comprises less than 5% by weight of (“set-retarders… additives are typically present… 0.1 to 3 weight percent” 13:4) a coupling agent (“maleic acid” [13:50]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount by including the maleic acid as a set-retarder at less than 5% by weight as taught by Au in order to enhance the compatibility and adhesion between the composite materials.
As per claim 20 Whitaker in view of Kinmount and Au teaches the limitations according to claim 19, and Au further discloses the composite construction block comprises a composite material comprising said coupling agent, said coupling agent comprising maleic acid grafted polymer. (“maleic acid” [13:50]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount and Au by including the maleic acid as taught by Au in order to enhance the compatibility and adhesion between the composite materials, thereby improving effective load transfer and overall performance.
Claim 3 rejected under 35 U.S.C. 103 as being unpatentable over Whitaker in view of Kinmount and Au as applied to claim 1 above, and further in view of Balthes US 20030162461 A1
As per claim 3 the combination of Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, but fails to explicitly disclose:
wherein the composite material comprises about 50 weight % hemp fiber.
Balthes teaches a laminate with hemp additive, specifically:
about 50 weight % hemp fiber (“50 weight percent hemp” [0009]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Whitaker in view of Kinmount and Au by including the hemp as taught by Balthes in order to enhance strength and durability of the members.
Claim 4 rejected under 35 U.S.C. 103 as being unpatentable over Whitaker in view of Kinmount and Au as applied to claim 1 above, and further in view of De Pieri et al. US 5471808 A (De Pieri).
As per claim 4 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1 but the combination fails to explicitly disclose:
wherein there are indications for drilling holes through the lips and insets.
De Pieri teaches such indications, specifically:
wherein there are indications (see “guiding notches for guiding an appropriate tool adapted to drill holes” Cl. 15) for drilling holes through the lips and insets.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Whitaker in view of Kinmount and Au by including the guiding notches at drilling locations —including through lips and insets— as taught by De Pieri in order to assist an assembler with assembly.
Claim 5 rejected under 35 U.S.C. 103 as being unpatentable over Whitaker in view of Kinmount and Au as applied to claim 1 above, and further in view of Logan et al. US 20100183840 A1 (Logan).
As per claim 5 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1 but the combination fails to explicitly disclose:
a metal wire or synthetic fiber mesh is molded into an exterior surface of the block.
Logan teaches incorporation of fiber mesh into the exterior surface of the block, specifically:
a metal wire or synthetic fiber mesh is molded into an exterior surface of the block (“The siding members 12, 12a can include a reinforcement material 50, such as but not limited to fibers, scrims, netting, meshes” [0067]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Whitaker in view of Kinmount and Au by including the meshes —including into an exterior surface— as taught by Logan in order to selectively reinforce the block. It would be obvious to reinforce the exterior surface where impact would be most likely.
Claim 7 rejected under 35 U.S.C. 103 as being unpatentable over in view of Kinmount and Au as applied to claim 1 above, and further in view of Torres-Aranda, JR. US 20130015389 A1 (Torres).
As per claim 7 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1 but the combination fails to explicitly disclose:
wherein the composite material comprises about 5 to 20 weight % glass cenospheres.
Torres teaches such additives, specifically:
wherein the composite material comprises about 5 to 20 weight % glass cenospheres (“the cenospheres are present from about 5 percent to about 70 percent by weight of the composition.” claim 16).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Whitaker in view of Kinmount and Au by including the glass cenospheres in an amount of about 5 percent as taught by Torres in order to reduce weight and improve strength.
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Whitaker in view of Kinmount and Au as applied to claim 1 above, and further in view of Chen et al. US 8904732 B2 (Chen).
As per claim 8 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, but the combination but fails to explicitly disclose:
wherein the composite material comprises about 5 to 15 weight % silica.
Chen teaches such a composition, specifically:
wherein the composite material comprises about 5 to 15 weight % silica (see “silica fume, fly ash, slag, clay, as examples including various combinations thereof. The siliceous source in the formulation is generally about 10 wt. %” 16:41).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Whitaker in view of Kinmount and Au by including the silica fume in the amounts claimed as taught by Chen in order to increase strength and durability.
Claim 9 rejected under 35 U.S.C. 103 as being unpatentable over Whitaker in view of Kinmount and Au as applied to claim 1 above, and further in view of Zacarias et al. US 10414140 B2 (Zacarias).
As per claim 9 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1, but the combination but fails to explicitly disclose:
the composite material comprises about 0.5 to 5 weight % thermoplastic elastomer.
Zacarias teaches such an obvious additive, specifically:
the composite material comprises about 0.5 to 5 weight % thermoplastic elastomer (see “elastomer” 2:42 and “from about 5 wt % to about 40 wt % of a thermoplastic resin” 2:50).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Whitaker in view of Kinmount and Au by including the thermoplastic resin as taught by Zacarias in order to increase the strength and stiffness.
Claim 10 rejected under 35 U.S.C. 103 as being unpatentable over Whitaker in view of Kinmount and Au as applied to claim 1 above, and further in view of CHIANESE US 20200283608 A1 (Chianese).
As per claim 10 Whitaker in view of Kinmount and Au teaches the limitations according to claim 1 but the combination fails to explicitly disclose:
wherein the composite material comprises up to about 4 weight % un-melted thermoplastic film components.
Chianese teaches such un-melted, or scrap polymer, specifically:
wherein the thermoplastic composite comprises up to about 4 weight % un-melted thermoplastic film components (see “from 0% to 20% by weight of crosslinked waste polyurethane” [0043]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the assembly of Whitaker in view of Kinmount and Au by including the waste polyurethane as taught by Chianese in order to conserve resources.
Response to Arguments
Applicant's arguments with respect to claims 1, 3-5, 7-10, and 18-26 have been considered but are moot because the arguments do not apply to the new combinations of references used in the current rejection. The new combinations were needed to address the subject matter added by amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Olaes US 20130212956 A1 (FIG. 2) teaches interlocking features located continuously along an entire perimeter of a first and second open end of each segment in a segmented construction block which comprises a male lip and a female inset:
PNG
media_image1.png
502
376
media_image1.png
Greyscale
Neel US 20020121060 A1 (below) teaches a building block with a female attachment channel which receives a profiled top portion of a subjacent block
PNG
media_image2.png
575
619
media_image2.png
Greyscale
BUYDENS BE 866281 A (below) teaches an open first and second end in a block comprising a plurality of segments
PNG
media_image3.png
453
279
media_image3.png
Greyscale
FISHER HAROLD GB 1118541 A (FIG. 1, 3) teaches an improved method of building structures
PNG
media_image4.png
365
464
media_image4.png
Greyscale
JOHN HENRY MILLER US 0800385 A
PNG
media_image5.png
829
447
media_image5.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached M-F 8:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J. J. S./
Examiner, Art Unit 3633
/JJS/
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
Prosecution Insights