DETAILED ACTION
The Amendment filed on 02/25/2026 has been entered. Claim(s) 1, 8, and 9 have been amended. Therefore, claims 1-22 are now pending in the application.
Response to Amendment
The previous claim objections have been withdrawn in light of applicant's amendments.
The previous 35 USC 112 rejections are withdrawn in light of applicant's amendments.
Claim Objections
Claim(s) 1 is objected to because of the following informalities:
Regarding claim 1, at line 26, the recitation “filing”, is understood to mean --filling--.
Appropriate correction is required.
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.
Claim(s) 8, is/are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 8, at line 1, the recitation “of claim 1” renders the claim indefinite because of the limitations in the claim that refer to elements that would lack antecedent basis, such as “the channel member” at line 4. For the purpose of this office action, it is best understood that the claim recitation depends from claim 7.
Allowable Subject Matter
Claim 8 is rejected as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In particular, the limitation “a plurality of blind apertures formed in the first broad side and the second broad side of the structural panel assembly, near the bottom end of the structural panel assembly, the plurality of blind apertures adapted to permit mechanical fasteners to be inserted through the first and second extensions of the channel member and then into the opposite sides of the at least one stud to securely connect the first and second extensions of the channel member to the at least one stud” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification to include the blind apertures as claimed would require modifying the modifier reference which would involve hindsight reconstruction.
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In particular, the limitation “a plurality of blind apertures formed in the first broad side and the second broad side of the structural panel assembly, near the bottom end of the structural panel assembly, the plurality of blind apertures adapted to permit mechanical fasteners to be inserted through the first and second extensions of the channel member and then into the opposite sides of the at least one stud to securely connect the first and second extensions of the channel member to the at least one stud” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification to include the blind apertures as claimed would require modifying the modifier reference which would involve hindsight reconstruction.
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 of this title, 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) 1-7, 9-12, 14, 16, and 18-20, are rejected under 35 U.S.C. 103 as being unpatentable over Betts (U.S. Pub. No. 2010/0223870) in view of Morrisette (U.S. Pub. No. 2010/0269439).
Regarding claim 1, Betts teaches a structural panel assembly (structural barrier; abstract) of rectangular parallelepiped shape (figure 4) that is substantially taller and wider than thick (figure 4), the structural panel assembly having a first broad side (left side), a second broad side (right side), a bottom end (bottom end), a top end (top end), a left end (left end), and a right end (right end), the structural panel assembly capable of being adapted for use in a structural panel building system, the structural panel assembly comprising: a first substrate of sheet material (54) forming the first broad side of the structural panel assembly (figure 4), the first substrate having an inner face and an outer face; a second substrate of sheet material (52) forming the second broad side of the structural panel assembly (figure 4), the second substrate having an inner face and an outer face (figure 4), the second substrate spaced from the first substrate to define a distance between the inner face of the first substrate and the inner face of the second substrate (figure 4); at least one stud (10a) having an elongated configuration (figure 4) and external surfaces (figure 4), the at least one stud extending vertically between the bottom and top ends of the structural panel assembly (figure 4), positioned in parallel with the first and second substrates (figure 4), and located adjacent to but spaced from the inner face of the first substrate and the inner face of the second substrate (spaced via thermal barrier 14; figures 2 and 4), the at least one stud having a width transverse to the elongated configuration that substantially spans the distance between the inner faces of the first and second substrates (figure 4); a first gap formed between the inner face of the first substrate and the at least one stud due to the at least one stud being located adjacent to but spaced from the inner face of the first substrate (gap from spacing of the thermal barrier; figures 2 and 4), to prevent the inner face of the first substrate from making thermal contact with the at least one stud and thereby provide the structural panel assembly with increased thermal insulation capability (it is understood that the thermal barrier prevents the inner face of the first substrate from making thermal contact with the at least one stud and thereby provide the structural panel assembly with increased thermal insulation capability); a filling material (56) located between the first substrate of sheet material and the second substrate of sheet material (figure 4), the filling material making contact with the external surfaces of the at least one stud embedded therein (figure 4), the inner face of the first substrate of sheet material (figure 4), and the inner face of the second substrate of sheet material (figure 4).
Betts does not specifically disclose the filling material embedding the at least one stud; wherein the at least one stud, the first substrate, and second substrate are held together as a unit by the filing material, the filling material further occupying the first gap and making further contact therein with the inner face of the first substrate and the at least one stud, to hold together the first substrate of sheet material, the second substrate of sheet material, the at least one stud, and the filling material; and a first bottom mounting slot formed in the filling material and extending along a bottom end of the structural panel assembly and vertically upward to a bottom mounting slot depth, the first bottom mounting slot formed by the absence of filling material in the first gap between the first substrate and the at least one stud at the bottom end of the structural panel assembly, the first bottom mounting slot exposing a bottom end of the at least one stud for structural connection of the bottom end of the structural panel assembly.
Morrisette discloses an insulated wall panel (abstract) with a filling material (expanded polystyrene foam 11) embedding the at least one stud (12); wherein the at least one stud, the first substrate, and second substrate are held together as a unit by the filing material (in the combination, it is understood that the expanded polystyrene foam of Morrisette would together as a unit the at least one stud, the first substrate, and second substrate of Betts), the filling material further occupying the first gap and making further contact therein with the inner face of the first substrate and the at least one stud (in the combination, it is understood that the expanded polystyrene foam of Morrisette would occupy the first gap and make further contact therein with the inner face of the first substrate and the at least one stud of Betts), to hold together the first substrate of sheet material, the second substrate of sheet material, the at least one stud, and the filling material (in the combination, it is understood that the expanded polystyrene foam of Morrisette would hold together the first substrate of sheet material, the second substrate of sheet material, the at least one stud of Betts); and a first bottom mounting slot (28-left; figure 6) formed in the filling material and extending along a bottom end of the structural panel assembly and vertically upward to a bottom mounting slot depth (figures 6 and 8), the first bottom mounting slot formed by the absence of filling material in the first gap between the first substrate and the at least one stud at the bottom end of the structural panel assembly (in the combination, it is understood that the first bottom mounting slot would be formed by the absence of filling material in the first gap between the first substrate and the at least one stud at the bottom end of the structural panel assembly; figure 6), the first bottom mounting slot exposing a bottom end of the at least one stud for structural connection of the bottom end of the structural panel assembly (as illustrated, the first bottom mounting slot is exposing a bottom end of the at least one stud for structural connection of the bottom end of the structural panel assembly; figure 9).
Therefore, from the teaching of Morrisette, 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 panel assembly of Betts to include a filling material embedding the at least one stud; wherein the at least one stud, the first substrate, and second substrate are held together as a unit by the filing material, the filling material further occupying the first gap and making further contact therein with the inner face of the first substrate and the at least one stud, to hold together the first substrate of sheet material, the second substrate of sheet material, the at least one stud, and the filling material; and a first bottom mounting slot formed in the filling material and extending along a bottom end of the structural panel assembly and vertically upward to a bottom mounting slot depth, the first bottom mounting slot formed by the absence of filling material in the first gap between the first substrate and the at least one stud at the bottom end of the structural panel assembly, the first bottom mounting slot exposing a bottom end of the at least one stud for structural connection of the bottom end of the structural panel assembly, as taught by Morrisette, in order to provide a more uniform and continuous insulation layer and to enable the panel to be quickly positioned with respect to framing members, thereby ensuring proper fit and reducing labor.
Regarding claim 2, Betts teaches the at least one stud has a central section (22) and first and second perpendicular side sections (16, 18) extending therefrom that form a U-shaped profile (figure 2).
Regarding claim 3, Betts teaches the at least one stud has a U-shaped profile (figure 2).
Regarding claim 4, Betts teaches a plurality of shims (14) that create the first gap between the first substrate and the at least one stud, the shims being positioned on the inner surface of the first substrate, beneath the at least one stud (figures 2 and 4).
Regarding claim 5, Morrisette in the combination discloses the first bottom mounting slot is adapted to receive a bottom mounting member (figure 6) with a first extension that fits into the bottom mounting slot and slides adjacent to the at least one stud (figure 6) and connects the structural panel assembly to a slab located below the structural panel assembly (it is understood that the first extension is capable of connecting the structural panel assembly to a slab located below the structural panel assembly; the examiner notes that the bottom mounting member and slab are not being positively claimed).
Regarding claim 6, Morrisette in the combination discloses a second bottom mounting slot (28-right; figure 6) that is parallel to the first bottom mounting slot (figure 6), the first and second bottom mounting slots forming a bottom pair of mounting slots at the bottom end of the structural panel assembly (figure 6).
Regarding claim 7, Morrisette in the combination discloses wherein the bottom pair of mounting slots are adapted to receive a bottom channel member (figure 6) with first and second extensions that fit into the bottom pair of mounting slots (figure 6) and slide adjacent to opposite sides of the at least one stud (it is understood that the slots would allow first and second extensions of a bottom channel member to slide adjacent to opposite sides of the at least one stud; the examiner notes that the bottom channel member is not being positively claimed).
Regarding claim 9, Morrisette in the combination discloses a first top mounting slot (28-left; figure 7) formed in the filling material and extending along a top end of the structural panel assembly (figure 7) to and vertically downward to a top mounting slot depth (figure 7), the first top mounting slot formed by the absence of filling material in the first gap between the first substrate and the at least one stud at the top end of the structural panel assembly (in the combination, it is understood that the first top mounting slot would be formed by the absence of filling material in the first gap between the first substrate and the at least one stud at the top end of the structural panel assembly; figure 6), the first top mounting slot exposing a top end of the at least one stud for structural connection of the top end of the structural panel assembly (figure 7).
Regarding claim 10, Morrisette in the combination discloses the first top mounting slot is adapted to receive a top mounting member (figure 7) with a first extension that fits into the top mounting slot and slides adjacent to the at least one stud (figure 7) and connects the structural panel assembly to additional building structure located above the structural panel assembly (it is understood that a top mounting member is capable of being fit into the top mounting slot and sliding adjacent to the at least one stud and connecting the structural panel assembly to additional building structure located above the structural panel assembly; the examiner notes that the top mounting member and additional building structure are not being positively claimed).
Regarding claim 11, Morrisette in the combination discloses a second top mounting slot (28-right; figure 7) that is parallel to the first top mounting slot (figure 7), the first and second top mounting slots forming a top pair of mounting slots formed at the top end of the structural panel assembly (figure 7).
Regarding claim 12, Morrisette in the combination discloses the top pair of mounting slots are adapted to receive a top channel member with first and second extensions (figure 7) that fit into the top pair of mounting slots (figure 7) and slide adjacent to opposite sides of the at least one stud (it is understood that the slots would allow first and second extensions of a top channel member to slide adjacent to opposite sides of the at least one stud; the examiner notes that the top channel member is not being positively claimed).
Regarding claim 14, Morrisette in the combination discloses the filling material forms an insulating core (abstract) that provides the structural panel assembly with increased thermal insulation capability (it is understood that the expanded polystyrene foam is capable of providing the structural panel assembly with increased thermal insulation capability).
Regarding claim 16, Morrisette in the combination discloses the filing material is expanded polystyrene (paragraph 4).
Regarding claim 18, Betts teaches a plurality of shims (14) that create the first gap between the inner surface of the first substrate and the at least one stud (figure 4), the shims being positioned on the inner surface of the first substrate (figure 4), beneath the at least one stud (figure 4), the filling material being formed onto the inner face of the first substrate and around the at least one stud (figure 4), into the first gap created between the first substrate and the at least one stud (figure 4), the filling material thereby making continuing to make contact with the inner face of the first substrate, the inner face of the second substrate, and the at least one stud (figure 4).
Regarding claim 19, Betts teaches the structural panel assembly is a wall panel (figure 4).
Regarding claim 20, Betts teaches the first substrate is flat (figure 4).
Claim(s) 15, 17, 21, and 22, is/are rejected under 35 U.S.C. 103 as being unpatentable over Betts (U.S. Pub. No. 2010/0223870), in view of Morrisette (U.S. Pub. No. 2010/0269439), and in view of Hagen (U.S. Pub. No. 2005/0055973).
Regarding claim 15, Betts as modified does not specifically disclose the filling material is foamed polyurethane.
Hagen discloses a stud panel assembly (abstract) wherein the filling material is foamed polyurethane (paragraph 117).
Therefore, from the teaching of Hagen, 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 modified panel assembly of Betts such that the filling material is foamed polyurethane, as taught by Hagen, in order to provide a more uniform and continuous insulation layer and to enable the panel to be quickly positioned with respect to framing members, thereby ensuring proper fit and reducing labor.
Regarding claim 17, Betts as modified does not specifically disclose the filling material is foamed polyisocyanurate (PIR).
Hagen discloses a stud panel assembly (abstract) wherein the filling material is foamed polyisocyanurate (paragraph 117).
Therefore, from the teaching of Hagen, 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 modified panel assembly of Betts such that the filling material is foamed polyisocyanurate, as taught by Hagen, in order to provide a more uniform and continuous insulation layer and to enable the panel to be quickly positioned with respect to framing members, thereby ensuring proper fit and reducing labor.
Regarding claim 21, Betts does not specifically disclose the first substrate is a cement board panel.
Hagen discloses a stud panel assembly (abstract) wherein the first substrate is a cement board panel (paragraph 87).
Therefore, from the teaching of Hagen, 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 panel assembly of Betts such that the first substrate is a cement board panel, as taught by Hagen, in order to provide a suitable finishing material for desired aesthetics while also optimizing protection against wear and environmental exposure.
Regarding claim 22, Betts does not specifically disclose the first substrate is a gypsum board panel.
Hagen discloses a stud panel assembly (abstract) wherein the first substrate is a gypsum board panel (paragraph 87).
Therefore, from the teaching of Hagen, 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 panel assembly of Betts such that the first substrate is a gypsum board panel, as taught by Hagen, in order to provide a suitable finishing material for desired aesthetics while also optimizing protection against wear and environmental exposure.
Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection.
New reference(s) Betts (U.S. Pub. No. 2010/0223870), Morrisette (U.S. Pub. No. 2010/0269439), and Hagen (U.S. Pub. No. 2005/0055973) have been added to overcome the newly added limitations. Applicant’s argument that previous reference Curtin et al. does not have a slot that is formed in the filling material, was found persuasive and the reference has been withdrawn. The new limitations are overcome in view of new references Betts and Morrisette.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian 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.
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/OMAR F HIJAZ/Examiner, Art Unit 3633