DETAILED ACTION
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 .
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 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.
Election/Restrictions
Applicant's election with traverse of Group I, claims 25-30, 49-57 in the reply filed on 12/19/2025 is acknowledged. The traversal is on the grounds that a Restriction Requirement regarding related products, as in this application, requires that the related products meet the combination of all of the examiner's distinction elements (1), (2), and (3) and none of the examiner's distinction elements (1), (2), or (3) satisfy any one of the requirements for a Restriction under MPEP 806.05(j). This is found persuasive and the restriction requirement has been withdrawn.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 69 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 69, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 25-28, 49-53, 56-69 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schiffmann et al. (US Patent Application No. 2014/0102024).
Regarding claim 25, Schiffmann et al. teach a foam block cluster (page 7, paragraph [0110], page 11, paragraph [0161]) adapted and configured for use in a fiber reinforced polymeric building panel (page 1, paragraphs [0019], [0020], page 3, paragraph [0078], page 11, paragraph [0164]), said foam block cluster comprising a collection of foam blocks (page 7, paragraph [0110]), comprising at least first, second, and third foam blocks (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each said foam block having an elongate length, a width, and a thickness (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each said foam block also having a top side, a bottom side, a left side, and a right side (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each of said top side, said bottom side, said left side, and said right side extending along the entire length of the respective foam block (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each said foam block also having top, bottom, left, and right surfaces corresponding, respectively, to the top side, the bottom side, the left side, and the right side (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), a respective said foam block comprising a foam core having a density of about 1.5 pounds per cubic foot (pcf) to about 8 pcf which reads on Applicant’s claimed range of about 1 pound per cubic foot to about 8 pounds per cubic foot (page 11, paragraph [0162]).
Regarding claims 26 and 27, Schiffmann et al. teach wherein said foam cores being wrapped with wrapping layers (page 12, paragraphs [0166], [0168]), an additional layer being disposed between outer facing surfaces of such wrapping layers at the respective sides of each pair of next adjacent ones of said foam blocks (page 12, paragraph [0166]), said additional layer comprising a said flow medium (page 12, paragraph [0166]).
Regarding claim 28, Schiffmann et al. teach a said wrapping layer being disposed on an outer, facing side surface of the respective sides of said foam core of at least one of said foam blocks (page 12, paragraph [0166], Figs. 17-19), and wherein said wrapping layer is adhered to the respective surface of the respective said foam block (page 12, paragraph [0166]).
Regarding claim 49, Schiffmann et al. teach said foam blocks being so arranged, in side by side relationship to each other such that said foam blocks, collectively, defined at least a portion of a top of said foam block cluster or at least a bottom of said foam block cluster (page 7, paragraph [0110], page 11, paragraph [0161], Figs. 17-19).
Regarding claim 50, Schiffman et al. teach wherein at least one of such flow medium and such wrapping layer being disposed between outer facing surfaces of the respective said foam cores at sides of the respective foam cores of at least one of said pairs of next adjacent ones of said foam blocks (page 12, paragraph [0166], Figs. 17-19).
Regarding claim 51, Schiffmann et al. teach wherein the facing sides of each pair of the next adjacent ones of said foam blocks are secured to each other (page 12, paragraph [0166]).
Regarding claim 52, Schiffmann et al. teach wherein said wrapping layer extending over the left side and the right side (page 12, paragraph [0166], Figs. 17-19), and at least one of the top and bottom, of the respective foam core, and extending along a full length of the respective foam core (page 12, paragraph [0166], Figs. 17-19).
Regarding claim 53, Schiffmann et al. teach wherein said foam blocks reflecting having been assembled to each other without addition of resin/adhesive, a resin glow medium being disposed between respective opposing pairs of next adjacent ones of said foam blocks, one or more mechanical keepers securing said foam blocks, in the block cluster, to each other (page 12, paragraph [0168]).
Regarding claims 56 and 57, Schiffmann et al. teach wherein each said foam core is wrapped with a wrapping layer (page 12, paragraph [0166]), and wherein at least one said wrapping layer, proximate a surface of said foam core which faces a next adjacent foam block in the respective said foam block cluster, reflects having been wetted with resin prior to assembly of said foam block cluster (page 12, paragraph [0168]), said foam block cluster being devoid of any mechanic keeper (page 12, paragraph [0168]), said foam block cluster being devoid of any flow medium (page 12, paragraph [0168]).
Regarding claim 58, Schiffmann et al. teach a fiber reinforced polymeric structural building panel having a length, a top and a bottom (page 1, paragraph [0020]), said fiber reinforced structural building panel comprising as a first component, an outer fiber reinforced polymer layer (page 1, paragraph [0020]), said outer layer comprising a first set of fibers in a first reaction cured resin composition (page 1, paragraph [0020]), said outer layer defining a first outermost surface of said building panel (page 1, paragraph [0020]); as a second component, an inner fiber reinforced polymer layer (page 1, paragraph [0020]), said inner layer comprising a second set of fibers in a second reaction cured resin composition (page 1, paragraph [0020]), said inner layer defining a second outermost surface of said building panel, opposite the first outermost surface of said building panel (page 1, paragraph [0020]); and as a third component, one or more foam block clusters (page 1, paragraphs [0019], [0020], page 3, paragraph [0078], page 11, paragraph [0164]), said foam block cluster comprising a collection of foam blocks (page 7, paragraph [0110]), comprising at least first, second, and third foam blocks (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each said foam block having an elongate length, a width, and a thickness (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each said foam block also having a top side, a bottom side, a left side, and a right side (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each of said top side, said bottom side, said left side, and said right side extending along the entire length of the respective foam block (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), each said foam block also having top, bottom, left, and right surfaces corresponding, respectively, to the top side, the bottom side, the left side, and the right side (page 7, paragraph [0110], page 8, paragraph [0124], page 11, paragraph [0161], Figs. 17-19), a respective said foam block comprising a foam core having a density of about 1.5 pounds per cubic foot (pcf) to about 8 pcf (page 11, paragraph [0162]), disposed between, and secured to, said inner layer and said outer layer (page 1, paragraph [0020], page 3, paragraph [0078]), said building panel, when installed in an upright orientation, having a length and a height, and a thickness defined between said inner layer and said outer layer (page 1, paragraph [0020], page 2, paragraph [0028], page 3, paragraph [0078], page 11, paragraph [0164]), the length of a given said foam block, in a respective said foam block cluster, extending along the height of said building panel, the width of said foam block cluster extending along the length of said building panel, and the thickness of said foam block cluster extending along the thickness of the building panel (page 3, paragraph [0078], page 5, paragraph [0094]), the securement of said foam blocks to each other in the respective said foam block cluster being independent of any securement of said foam blocks to said inner layer and said outer layer (page 12, paragraph [0166]).
Regarding claim 59, Schiffmann et al. teach a said flow medium being disposed between each respective opposing pair of next adjacent ones of said foam blocks (page 12, paragraph [0166]), thereby forming a plurality of fiber reinforced polymeric intercostals (page 1, paragraph [0020], page 12, paragraph [0166]), at least one of the respective flow medium and said facing next adjacent foam blocks in each said intercostal reflecting having been wetted with resin before the respective foam blocks and the respective flow medium were brought into engaging relationship with each other int eh process of fabricating said block cluster (page 12, paragraph [0166]).
Regarding claim 60, Schiffmann et al. teach wherein said block cluster being devoid of any mechanical keeper (page 12, paragraph [0168]).
Regarding claim 61, Schiffmann et al. teach wherein said building panel further comprises as a fourth component of said building panel, a plurality of studs affixed to said second outermost surface of said inner fiber reinforced polymer layer (page 1, paragraph [0020]).
Regarding claim 62, Schiffmann et al. teach wherein said inner layer, said outer layer, and said one or more foam block clusters, collectively, defining a main body of said building panel (page 1, paragraphs [0019], [0020], page 3, paragraph [0078], page 11, paragraph [0164]), further comprising, as a further component of said building panel, a plurality of load bearing studs, spaced along a length of said main body and extending, from said inner layer, away from said main body (page 1, paragraph [0020]), said studs extending along a height of said building panel between a top and bottom of said building panel (page 1, paragraph [0020], page 2, paragraph [0028]), said studs being mounted to an outermost surface of said main body (page 1, paragraph [0020], page 2, paragraph [0028]).
Regarding claim 63, Schiffmann et al. teach wherein a first end wall of a respective said stud is disposed toward said inner layer of said main body (page 1, paragraph [0020], page 2, paragraph [0027]), and wherein first and second mechanical fasteners extend through said first end wall of said stud and into said main body (page 2, paragraph [0027], page 3, paragraph [0076]).
Regarding claim 64, Schiffmann et al. teach wherein axial extensions of said first and second mechanical fasteners extend through opposing ends of the respective said stud end wall (page 2, paragraph [0027], page 3, paragraph [0076], page 7, paragraph [0112]).
Regarding claims 65 and 66, Schiffman et al. teach a second end wall of said stud being disposed opposite said first end wall, further comprising an access port in said second end wall, spaced from opposing ends of said stud (page 2, paragraph [0027], page 3, paragraph [0076], page 7, paragraph [0112]), a third mechanical fastener being disposed inwardly of said access port, toward said first end wall, with a shank of said third mechanical fastener extending through said first end wall and into said main body, a head of said third mechanical fastener being disposed between said access port and said main body (page 2, paragraph [0027], page 3, paragraph [0076], page 7, paragraph [0112]).
Regarding claim 67, Schiffmann et al. teach wherein said inner layer, said outer layer, and said one or more foam block clusters, collectively defining a main body of said building panel (page 1, paragraphs [0019], [0020], page 3, paragraph [0078], page 11, paragraph [0164]), a respective said stud being mounted to an inner surface of said main body by at least first and second mechanical fasteners proximate opposing ends of the respective said stud (page 1, paragraph [0020], page 2, paragraph [0027], page 3, paragraph [0076]).
Regarding claim 68, Schiffmann et al. teach wherein said inner layer, said outer layer, and said one or more foam block clusters, collectively defining a main body of said building panel (page 1, paragraphs [0019], [0020], page 3, paragraph [0078], page 11, paragraph [0164]), a respective said stud being mounted to said main body by at least first and second fasteners (page 1, paragraph [0020], page 2, paragraph [0027], page 3, paragraph [0076]), axial extensions of said first and second mechanical fasteners extending through opposing ends of the respective said stud (page 1, paragraph [0020], page 2, paragraph [0027], page 3, paragraph [0076]).
Regarding claim 69, Schiffmann et al. teach wherein a cross section of a given said stud comprises a closed profile (page 2, paragraph [0027]).
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.
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.
Claims 29, 30, 54 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Schiffmann et al. (US Patent Application No. 2014/0102024) in view of Novak (US Patent Application No. 2003/0134103).
Schiffmann et al. are relied upon as disclosed above.
Regarding claims 29 and 30, Schiffmann et al. fail to teach wherein one or more mechanical keepers securing said foam blocks, in said foam block cluster, to teach other. However, Novak teaches a foam sheet (page 1, paragraph [0006]) comprising a mechanical keeper comprising threads (page 1, paragraph [0007], page 3, paragraph [0041]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the mechanical fastener of Novak in the foam blocks of Schiffmann et al. in order to provide fastener retention that are cost effective to produce and relatively simple to manufacture (Novak, page 1, paragraphs [0006], [0007]).
Regarding claim 54, Schiffmann et al. fail to teach wherein one or more said threads extending from said first foam block to opposing end foam block on an opposing of said foam block cluster. However, Novak teaches a foam sheet (page 1, paragraph [0006]) comprising a mechanical keeper comprising threads (page 1, paragraph [0007], page 3, paragraph [0041]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the thread of Novak extending from said first foam block to an opposing end foam block on an opposing end of said foam block cluster of Schiffmann et al. in order to provide fastener retention that are cost effective to produce and relatively simple to manufacture (Novak, page 1, paragraphs [0006], [0007]).
Regarding claim 55, Schiffmann et al. fail to teach wherein said one or more threads extending, under substantial tension, from said first foam block to an opposing end foam block. However, Novak teaches a foam sheet (page 1, paragraph [0006]) comprising a mechanical keeper comprising threads (page 1, paragraph [0007], page 3, paragraph [0041]).
It would have been obvious to a person of the ordinary skill in the art before the effective filing date of the claimed invention to use the thread of Novak extending, under substantial tension, from said first foam block to an opposing end foam block of Schiffmann et al. in order to provide fastener retention that are cost effective to produce and relatively simple to manufacture (Novak, page 1, paragraphs [0006], [0007]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINESSA GOLDEN whose telephone number is (571)270-5543. The examiner can normally be reached on Monday - Friday; 8:00 - 4:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached on 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Chinessa T. Golden/Primary Examiner, Art Unit 1788 3/13/2026