Detailed Office Action
The communication dated 2/18/2026 has been entered and fully considered. Claims 15-20 are withdrawn from examination. Claims 1-20 remain pending.
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 .
Election/Restrictions
Applicant's election with traverse of Invention I (claims 1-14) in the reply filed on 2/18/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden to the Examiner. This is not found persuasive because as detailed in the restriction requirement of 8/18/2025, there is a serious search burden due to different classifications and keywords between the two inventions. The applicant has not rebutted this specific argument. The requirement is still deemed proper and is therefore made FINAL. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over EVANS (US-2024/0132406), hereinafter EVANS, in view of BENEDITTI (EP-1324032-A1; of record), hereinafter BENEDITTI and ELLIS (GB-2502257-A; of record), hereinafter ELLIS. Note that the italicized text below are the instant claims.
Regarding claim 1, EVANS discloses A system for manufacturing a mat-faced cementitious board {[abstract], [0013] note setting indicates cementitious},
the mat-faced cementitious board having a mat bonded to a cementitious core, the cementitious core formed from an aqueous cementitious slurry {[abstract] note facing material is the mat, note gypsum slurry},
the system comprising: a kiln, the kiln configured to remove excess water from the aqueous cementitious slurry {[0081], [0083] note the kiln};
a conveyor, the conveyor configured to convey the cementitious board along a machine direction away from the kiln, the conveyor including an upstream support surface and a downstream support surface, the upstream support surface and the downstream support surface both extending along the machine direction and a transverse axis, the transverse axis being perpendicular to the machine direction {[0081] note conveyor that moves in the machine direction and inherently has an upstream section and a downstream section and a transverse axis perpendicular to the machine direction}.
EVANS, however, is silent on the upstream/downstream sections being in a discontinuous relationship and an ultrasound diagnostic system installed in the discontinuous section for determining the bond strength of the mat to the core. The Examiner notes that EVANS discloses a manual and rather cumbersome method for determining the mat bond strength {[0107]}. Therefore, an artisan would have been motivated to look to prior art to determine a more convenient method for determining bond strength {see the improvement rationale in MPEP 2143 (I)(D); “Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results”}.
In the same field of endeavor that is related to determining defects and bond strength in a panel, BENEDETTI discloses the upstream support surface and the downstream support surface in discontinuous relationship with respect to each other such that an unsupported span is defined therebetween {[FIGs. 3&4] note the discontinuous section in the conveyor system};
a board bond measuring system {[abstract]}, the board bond measuring system including:
a non-contact ultrasound transmitter transducer array and a non-contact ultrasound receiver transducer array disposed in the unsupported span such that the transducer arrays extend along the transverse axis {[abstract] note the sender is the transmitter, [FIGs. 3&4] note 1/2 is disposed in the span and [FIG. 5] note extension along the transverse axis},
the transducer arrays being disposed in spaced relationship to each other along a normal axis, the normal axis being perpendicular to both the machine direction and the transverse axis {[FIG. 4] note the axis that connect 1 to 2 is normal to both machine and transverse direction},
such that the mat-faced cementitious board is adapted to move along the machine direction from the upstream support surface to the downstream support surface and pass between the transducer arrays along the normal axis [FIG. 3] note movement arrow 15},
the ultrasound receiver transducer array configured to transmit an ultrasound reception signal therefrom, the ultrasound reception signal indicative of the strength of an ultrasound signal received by the ultrasound receiver transducer array from the ultrasound transmitter transducer array {[FIGs. 3&4] note 1 transmits and 2 receives according to the claimed limitation}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of BENEDETTI in the device of EVANS and have equipped the gypsum production device of EVANs with the discontinuous section and the ultrasound bond strength system of BENEDETTI.
As disclosed by BENEDETTI, this system can determine the correct bonding of the board parts {[0003]}, and as disclosed above, it is within the skill of an artisan to have improved the system of EVANS based on the teachings of BENEDETTI {see MPEP 2143 (I)(D)}.
Combination of EVANS and BENEDETTI, however, is silent of the details of the programming and operation of the board bond measurement ultrasound device.
In the same filed on endeavor that is related to using ultrasound to control the production of a board or laminate, ELLIS discloses a non-transitory computer-readable medium, the non-transitory computer-readable medium bearing a board bond measurement program {[abstract] note comparison that requires a program, [FIG. 3] note computer 624, [P2, L5-6] note relation between defect and material strength},
and a controller, the controller in operable arrangement with the ultrasound receiver transducer array to receive the ultrasound reception signal therefrom, the controller in operable arrangement with the non-transitory computer-readable medium such that the controller is configured to execute the board bond measurement program contained thereon, wherein the board bond measurement program includes a bond strength module configured to determine a numerical bond strength value for the mat-faced cementitious board based upon the ultrasound reception signal {[P7, L27-37], [P8] note determining appropriate parameters for controlling based on the measurement of the ultrasound system that once incorporated into combination of ENANS and BENEDETTI, can be configured to control the gypsum board manufacturing process, [P9, L33-36] note providing data indicative of defect that as mentioned above related to bond strength}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of ELLIS in the combination device of EVANS and BENEDETTI and have equipped the system of this combination with the computer/controller/program of ELLIS to appropriately control the board production process based on the data indicative of the bond strength of the board.
As disclosed by ELLIS, the advantage of this approached in its on-line functionality {[P1, L4-10]}, which is appropriate for the on-line measurement board of combination device of EVANS and BENEDETTI and also contribute to further improvement of the device of EVANS and BENEDETTI {see MPEP 2143 (I)(D)}.
Regarding claim 2, ELLIS discloses a display device, the display device in operable arrangement with the controller; wherein the board bond measurement program includes a communication module, the communication module configured to transmit a bond data stream to the display device, the bond data stream including the numerical bond strength value determined by the bond strength module {[P14, L1-2] note displaying in real time that requires a display device and since it is connected to controller a communication module is present}. The Examiner also notes that the motivation statement for combination above also applies to this claim.
Regarding claim 3, ELLIS discloses wherein the communication module of the board bond measurement is configured to transmit an alert signal to the display device when the numerical bond strength value determined by the bond strength module is below a predetermined value {[abstract] note comparison to pre-determined value and the modification action taken that reads on the alert signal since the user was alerted to the value that need correction}. The Examiner also notes that the motivation statement for combination above also applies to this claim.
Regarding claim 4, ELLIS discloses wherein the ultrasound receiver transducer array is configured to transmit the ultrasound reception signal to the controller substantially continuously {[abstract] note continuous feedback}.
Regarding claim 5 limitation of “wherein the controller is in communication with the ultrasound transmitter transducer array to receive an ultrasound transmission signal therefrom, the ultrasound transmission signal indicative of the strength of an ultrasound signal transmitted by the ultrasound transmitter transducer array, and wherein the bond strength module of the board bond measurement program is configured to determine the numerical bond strength value for the mat-faced cementitious board based upon the ultrasound reception signal and the ultrasound transmission signal” as discussed under claim 1, incorporation of teachings of BENEDETTI and ELLIS in the device of EVANS resulted in the replacement of its manual strength determination device by the automatic system of the combination of BENEDETTI and ELLIS and this system can be configured to read on the imitations of this claim.
Regarding claim 6, ELLIS discloses wherein the bond strength module of the board bond measurement program is configured to determine the numerical bond strength value for the mat-faced cementitious board by determining the difference between the ultrasound transmission signal and the ultrasound reception signal to determine a signal strength attenuation value {[P10, L31] note determining the difference}. The Examiner also notes that the motivation statement for combination above also applies to this claim.
Regarding claim 7, BENEDETTI discloses wherein the bond strength module of the board bond measurement program is configured to determine the numerical bond strength value for the mat-faced cementitious board by calculating an average signal strength attenuation value over a length of the ultrasound receiver transducer array along the transverse axis {[FIG. 5] note an array of measurement devices 2, thus their measurement is averaged}. The Examiner also notes that the motivation statement for combination above also applies to this claim.
Regarding claims 8-9, ELLIS discloses a data storage device, the data storage device in operable communication with the controller, the data storage device including a database configured to store mat-faced cementitious board bond data for use by the board bond measurement program; wherein the bond strength module of the board bond measurement program is configured to determine the numerical bond strength value for the mat-faced cementitious board using the mat-faced cementitious board bond data stored in the database of the data storage device (claim 6), wherein the mat-faced cementitious board bond data comprises destructive Z-bond separation pull test data for a number of specimens and correlated signal strength attenuation value data for the number of specimens, and wherein the bond strength module of the board bond measurement program is configured to query the database to estimate a value for a destructive Z-bond separation pull force for the mat-faced cementitious board by comparing the signal strength attenuation value determined by the bond strength module to the database of correlated signal strength attenuation value data {[P11, L15] note storage, [P7, L18-25] note correlating manual measurement data with on-line ultrasound data, that when incorporated in the device of EVANS and as described above will be correlated with the manual Z-direction pull data as described by EVANS in [0107]}.
Regarding claims 10, modified EVANS discloses wherein the mat-faced cementitious board includes a pair of mats bonded to the cementitious core such that the cementitious core is interposed between the pair of mats, and wherein the bond strength module of the board bond measurement program is configured to determine a numerical bond strength value for each of the mats bonded to the core of the mat-faced cementitious board {[abstract] note two face materials or two mats and note that modified EVANS has the ultrasound system for determine the bond strength}.
Regarding claims 11, ELLIS discloses wherein the board bond measurement program includes a control module configured to control the operation of the ultrasound transmitter transducer array and the ultrasound receiver transducer array {[P7, L27-37] note controller or controller module}. The Examiner also notes that the motivation statement for combination above also applies to this claim.
Regarding claims 13, ELLIS discloses wherein the controller includes an analog-to-digital converter, the ultrasound reception signal being directed through the analog-to-digital converter {[P14, L34-35]}. The Examiner also notes that the motivation statement for combination above also applies to this claim.
Regarding claims 14, EVANS discloses a cutting station, the cutting station disposed upstream of the kiln along the machine direction, the cutting station including a knife configured to periodically cut the cementitious board along the transverse axis to define a series of board segments as the cementitious board moves along the machine direction past the cutting station {[0083] note that cutting is done with a knife or a blade}.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over EVANS, BENEDETTI, and ELLIS as applied to claims 1 and 11 above, and further in view of CAO (US-2022/0120713), hereinafter CAO.
Regarding claim 12, combination of EVANS, BENEDETTI, and ELLIS discloses all the imitations of claims 1 and 11 as discussed above. This combination, however, is silent on an excitation mechanism for the transmitter and an amplification device for the receiver.
In the same field of endeavor that is related to the use of ultrasound system for determining defect, CAO discloses wherein the controller includes a transmitter transducer excitation mechanism in operable arrangement with the ultrasound transmitter transducer array and a receiving transducer amplification mechanism in operable arrangement with the ultrasound receiver transducer array {[0012], [0018], [0038]}.
At the effective filing date of the instant invention, it would have been obvious to one of ordinary skill in the art to have incorporated the teachings of CAO in the combination device of EVANS, BENEDETTI, and ELLIS and have equipped the ultrasound system of this combination with an excitation mechanism and an amplifier.
As disclosed by CAO these devices are known in this area of analogous art {[0012], [0018], [0038]}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to S. BEHROOZ GHORISHI whose telephone number is (571)272-1373. The examiner can normally be reached Mon-(alt Fri) 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abbas Rashid can be reached at 571-270-7457. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S. BEHROOZ GHORISHI/Primary Examiner, Art Unit 1748
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