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 .
Response to Amendment
The amendment filed on 9/22/25 has been entered and fully considered. Claims 14-29 stand pending.
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.
Claims 14-29 are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda et al. US 5638652 (hereinafter ‘Shinoda’) in view of Ciuperca US 2015/0007524 A1 (hereinafter ‘Ciuperca’) and in further view of R. H. Clay US 3,092,218 (hereinafter ‘Clay’).
In regard to claim 14, Shinoda teaches a method of fabricating a panel (see col. 1, ln. 10) of multiple structural panels, wherein fabricating each panel comprises:
placing a steel sheet (2) in a horizontal position (see fig. 16), such that an inner side (2a) of the steel sheet to which multiple studs (6) are welded (col. 6, ln. 23 is upward facing );
pouring a cementitious layer (col. 7, ln. 25) onto the inner side of the steel sheet thereby embedding the studs (see fig. 16e).
Although Shinoda teaches reinforcing members (8) within the perimeter, it does not explicitly teach they are a grid comprising a plurality of elongate and mutually interlocked reinforcing members.
Ciuperca teaches a method of making a reinforced concrete panel (see [0022]) comprising the step of positioning grid of reinforcing members (108 -see [0092] “a conventional rebar grid” and fig. 1) and
a removable edge form of side members (76-82, see [0088]) around the steel sheet defining a perimeter above the inner side of the steel sheet (see [0088] and fig. 1);
after the cementitious has cured, removing the removable edge form of non-ferrous side members from around the steel sheet (see [0102]).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to provide a grid of reinforcing materials, as taught by Ciuperca, in the panel of Shinoda so as to reinforce the concrete.
Further, it would have been obvious to provide a removable edge form of side members, as taught by Ciuperca, in the method of Shinoda so as to provide for a closed cavity where the concrete is filled and thus give the panel the desired shape.
The combination of Shinoda/Ciuperca does not explicitly teach constructing an EMP protective composite structure using the multiple panels comprising: positioning a first structural panel of the multiple panels adjacent to a second structural panel; and connecting the steel sheets by at least a continuous weld.
Clay teaches a method of constructing a protective composite structure (see col. 1, ln. 10), using multiple panels (12) comprising:
positioning first and second structural panels adjacently (see fig. 1) and connecting the steel sheets (see col. 4, ln. 48) by at least a continuous weld (at 53 -see col. 4, ln. 58).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the instant application, to connect the panels of Shinoda/Ciuperca by connecting the steel sheets by at least a continuous weld, as taught by Clay, so as to provide a building structure adapted to provide an imperforate, continuous shield against radiation (See Clay col 1, lns. 1 and 33).
In regard to claims 15 and 16, the combination of Shinoda/Ciuperca/Clay teaches the side members are non-ferrous and comprise wood (see Ciuperca [0088] “wood”).
In regard to claims 17 and 18, the combination of Shinoda/Ciuperca/Clay teaches elongate stiffeners (12) extending along the inner side of the steel sheet (see Shinoda figs. 16 and col. 8, ln. 51).
In regard to claim 19, the combination of Shinoda/Ciuperca/Clay is silent regarding the shape Shinoda’s stiffeners 12, thus leaving up to the person of ordinary skill in the art to select a suitable shape. The utilization of L-channels and C-channel members as stiffeners is notoriously well known in the art and therefore would have been obvious to use so as to provide adequate load capacity, and because the use of conventional materials to perform their known function is prima facie obvious (see MPEP 2144.07).
In regard to claim 20, the combination of Shinoda/Ciuperca/Clay teaches the claimed method further comprising lifting inserts connected to the grid before pouring the cementitious layer (see Ciuperca [0093]).
In regard to claim 21, the combination of Shinoda/Ciuperca/Clay teaches the claimed invention wherein connecting the first and second panels by at least one continuous weld comprises: connecting an expansion joint (Clay 53) to the first structural panel by a continuous weld; and connecting the expansion joint to the second structural panel by a continuous weld (see Clay col. 4, lns. 58-69).
In regard to claim 22, the combination of Shinoda/Ciuperca/Clay teaches the claimed invention wherein positioning the first panel adjacent the second panel comprises positioning each as vertical (See Clay fig. 1, vertical seam 14).
In regard to claims 23-25, the combination of Shinoda/Ciuperca/Clay teaches the claimed invention wherein positioning the first panel adjacent the second panel comprises positioning the first and second panels apart by a space and the expansion joint covering the space (note that the space is closed as seen in fig. 8).
In regard to claim 26, the combination of Shinoda/Ciuperca/Clay teaches the claimed invention wherein the joint extends along a length of at least the first structural panel (see Clay fig. 1. Note that the seams 14, where the expansion joint 53 lays, extend along the length of the panels).
In regard to claims 27 and 28, the combination of Shinoda/Ciuperca/Clay teaches the claimed invention wherein the first and second panel are adjacent walls (components) of the EMP-protective composite structure (see Clay fig. 1).
In regard to claim 29, the combination of Shinoda/Ciuperca/Clay teaches constructing the protective structure comprises constructing at least a wall (see Shinoda’s Abstract). Note that the claim only requires either a wall, a floor or a roof.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Note that the arguments are based upon the amended claims which have been rejected as noted above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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 PAOLA AGUDELO whose telephone number is (571)270-7986. The examiner can normally be reached 8AM - 5PM.
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 E Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAOLA AGUDELO/Primary Examiner, Art Unit 3633