DETAILED ACTION
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) 1,3,4,7,10,11 and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tormyn (2,319,373) in view of Haynes et al. (2023/0191830). Regarding claims 1 and 25, Tormyn discloses a process of providing one or more previously manufactured metal products (scrap metal materials; page 1, col. 1, lines 21-26 and page 2, col. 2, lines 21-25) in an electrical furnace (Fig. 3; page 1, col. 2, lines 30-35) and hot pressing the heated recycled scrap material (page 2, col. 1, lines 4-10) into a construction component article (page 2, col. 1, lines 65-70 and page 2, col. 2, lines 17-20) with pressing dies (38,60; Fig. 4) wherein articles that are manufactured and shaped in dies are a scope of the invention (page 2, col. 2, lines 17-18). Tormyn does not specifically recite that the pressed articles are a shingle or a siding article. Haynes teaches manufacturing metal articles ([0011], line 7; [0029], line 3) including roofing shingles or siding ([0004], lines 1-2), the shingle or siding article being manufactured by molding with the metal in a molten state [0057] by pressing and heating [0137] to manufacture shingles and siding with patterning and decorative features (132; [0090],[0176]) including slate, shake and tile shingles and siding. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to manufacturing construction components including shingles and siding as taught by Haynes in the manufacturing method using previously manufactured materials of Tormyn so as to produce decorative tiles for use in the building industry.
Regarding claim 3, Tormyn discloses a closed die (Fig. 4) as top die (60) is actuated toward bottom die (38) to close around the metal scrap (28). Regarding claims 4 and 7, the previously manufactured metal product is iron-carbon alloy (steel; page 1, col. 2, line 32) and it is heated in the furnace (30). Regarding claim 10, there is not a structure claimed so it is not possible to determine a scope of the limitation, but Haynes teaches that the shingles or siding are connected to a building structure (Fig. 1A). Regarding claim 11, Tormyn does not press the products in a vacuum, so the any product that is formed in the die is subject to an ambient (oxygen) atmosphere during and after the pressing.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tormyn (2,319,373) in view of Haynes et al. (2023/0191830) and further in view of Hatsuno (4,399,681). Tormyn discloses an electrical heating furnace (30,32) but does not specifically recite an induction heating furnace. Hatsuno (col. 3, lines 54-58) teaches that steel material is heated in an induction heating furnace having a coil (23) prior to forging. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to modify the furnace of Tormyn to be an induction heating furnace as taught by Hatsuno in order to inductively heat the metal with a coil.
Claim(s) 5,6,8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tormyn (2,319,373) in view of Haynes et al. (2023/0191830) and further in view of Sperling (7,244,089). Tormyn discloses metal chunk scrap (page 1, col. 2, line 11) for heating and pressing but does not specifically recite railroad spike scrap. Sperling teaches (col. 1, lines 23-28 and col. 3, lines 63-66) that railroad spikes and other metal railroad scrap objects are removed from tracks and recycled as scrap metal. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to heat and form products from recycled railroad scrap in the method of Tormyn as taught by Sperling in order to reuse steel railroad scrap.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tormyn (2,319,373) in view of Haynes et al. (2023/0191830) and further in view of Park (KR 20180099300). Tormyn in view of Haynes does not disclose a S-shape tile. Park teaches that an S-shaped wavy roofing tile (10, Fig. 2; [0034]) is produced by molding [0005] in dies. It would have been obvious to the skilled artisan prior to the effective filing date of the present invention to modify the die of Tormyn to include an S-shape as taught by Park in order to produce a tile of an S-shaped as is known in the building component production art.
Response to Arguments
Applicant's arguments filed 7-25-2025 have been fully considered. Applicant has amended claim 1 to recite “shingles” and presented new claim 25 to recite “siding”. In its broadest sense (Fig. 9, 255) Applicant’s method is directed to making a rectangular plate and Tomryn describes that the recycled material is pressed in contact with plates (page 2, col. 2, line 31) and describes that articles which are manufactured and shaped in dies are a scope of the invention (page 2, col. 2, lines 17-18). Haynes teaches manufacturing metal articles ([0011], line 7; [0029], line 3) including shingles or siding ([0004], lines 1-2), the shingle or siding article being manufactured by molding with the metal in a molten state [0057] by pressing and heating [0137] to manufacture shingles and siding with patterning and decorative features (132; [0090],[0176]) including slate, shake and tile shingles and siding.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD THOMAS TOLAN whose telephone number is (571)272-4525. The examiner can normally be reached M-F 7:30-5.
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/EDWARD T TOLAN/Primary Examiner, Art Unit 3725