DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 02/13/2026 has been acknowledged. Claims 1-20 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group II (claims 17-20) and Species 15 (figures 29-32) in the reply filed on 02/13/2026 is acknowledged.
2. Claims 1-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Group II and Species 1-14. Election was made without traverse in the reply filed on 02/13/2026.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 17, 18, and 20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by de Witte (EP 3,1333,226).
Regarding claim 17, de Witte teaches a method of forming a cement foundation (method of using a formwork; abstract; for concrete; figure 1) comprising: positioning a foam cement form (2; comprising foam material; abstract) on a ground surface (figure 1), the cement form having a cement facing surface (at 6) including a brick ledge portion (4); positioning a volume of cement against the cement facing surface and the brick ledge portion (as illustrated, the volume of concrete 8 is positioned ultimately against the cement facing surface and the brick ledge portion; figure 1); removing the brick ledge portion from the cement form to expose a brick ledge in the cement foundation (outer formwork elements 2 are removed following manufacture; paragraph 39; thus it is understood that this would form a void or brick ledge), the brick ledge being configured to support a plurality of bricks along an edge of the cement foundation (it is understood that the brick ledge is capable of being configured to support a plurality of bricks along an edge of the cement foundation).
Regarding claim 18, de Witte teaches the brick ledge portion has a rectangular shape (figure 1) to form the brick ledge with a right-angle shape (figure 1).
Regarding claim 20, de Witte teaches the cement form includes a connector groove (14) extending along a length of the cement form in a horizontal direction (figure 1), the method including inserting a connector member (beam member; paragraph 37) into the connector groove to interconnect adjacent positioned cement forms (paragraph 37).
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) 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over de Witte (EP 3,1333,226) in view of Shaw (U.S. Patent No. 4,837,991).
Regarding claim 19, de Witte does not specifically disclose the cement form includes at least one relief cut, and removing the brick ledge portion includes breaking off the brick ledge portion at the at least one relief cut.
Shaw discloses a concrete form member (abstract) includes at least one relief cut (9), and removing the brick ledge portion includes breaking off the brick ledge portion at the at least one relief cut (once a concrete floor or slab is poured, and hardened, a portion of the upright flange may be broken away).
Therefore, from the teaching of Shaw, 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 foam formwork of de Witte such that the foam member includes at least one relief cut, and removing the brick ledge portion includes breaking off the brick ledge portion at the at least one relief cut, as taught by Shaw, in order to provide the desired height or width of the foam member, depending on the design height of the concrete or design width requirements for stabilizing the brick portion on the ground surface, respectively, to facilitate pre-assembly for pouring concrete.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to concrete forms in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR 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
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