DETAILED ACTION
The Examiner acknowledges Claims 31, 38 and 40 have been amended and Claims 41-45 have been added.
Response to Arguments
Applicant’s arguments and amendments with respect to the Claim Objection have been fully considered and are persuasive. The Objection of Claims 38 and 40 has been withdrawn.
Applicant’s arguments and amendments with respect to the Drawing Objection have been fully considered and are persuasive. The Objection of the Drawings has been withdrawn.
Applicant's arguments and amendments with respect to the Prior Art rejections of Claim 1 have been fully considered but they are not persuasive. The Applicant argues that Wolf is silent to a panel assembly comprising an insert comprising a plurality of standoffs connected to each other inside the interior volume of the body of the panel assembly via the insert. However, Wolf clearly discloses at the bottom of Paragraph 0045 that there are multiple tabs and these are not tabs in the context of multiple panels but he specifically recites "inserting the tabs 72 on the second wall panel into the slots 70 on the first wall panel". Thus the second wall panel has a plurality of tabs.
Applicant’s arguments with respect to the Prior Art rejection of claim 31 and its dependents have been fully considered and are persuasive and the Obviousness rejection of claim 40. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US Patent # 6,253,515 to Kuelker.
Claim Objections
The claims objected to because of the following informalities: There is an inconsistency with the use of the word “standoff” or “stand-off”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 40 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The Specification does not set forth at least one standoff positioned proximal to the side wall of the body is internally disconnected from at least two standoffs. From the Figures, it appears as though all the standoffs are internally connected by the insert.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-3, 21-23, 26-29, 31-33 and 36-45 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US Patent # 6,253,515 to Kuelker.
Regarding claim 1, Kuelker teaches in Figures 1, 6, 7, 20 and 21, a panel assembly [two adjoining panels (Column 5, Lines 26-27)], comprising: a first panel (1) comprising: a first body (2) (Column 5, Lines 54-55) with a first interior volume [concrete panel (Column 5, Line 53)] and a first insert (10) [hanger (Column 5, Line 62)] comprising a first planar [bent at the same angle (Column 6, Lines 10-11)] interior portion (18) [prong (Column 6, Lines 8-12)] at least partially embedded (Column 5, Lines 62-63) within the first interior volume of the first body (2) and a first exterior portion (14) [flange (Column 6, Line 18)] extending from the first planar interior portion (18) to a first exterior [see Figure 20] of the first body (2); wherein the first insert (10) comprises a first plurality of standoffs (17) [arms (Column 6, Line 8)] and a first fastener hem (16) [locating hole (Column 6, Line 5)]; wherein the first fastener hem (16) and the first plurality of standoffs (17) are configured to directly contact a mounting wall (56) [building substrate (Column 7, Line 24)] to provide a rainscreen [drainage gap (Column 7, Line 25)] between the first panel (1) and the mounting wall (56); wherein at least some of the first plurality of standoffs (17) are connected to each other inside the first interior volume of the first body (2) via the insert (10) [as they are a part of the insert which is embedded in the body]; and a second panel (1) [two adjacent panels (Column 7, Line 42)] comprising: a second body (2) (Column 5, Lines 54-55) with a second interior volume [concrete panel (Column 5, Line 53)] and a second insert (10) [hanger (Column 5, Line 62)] comprising a second planar [bent at the same angle (Column 6, Lines 10-11)] interior portion (18) [prong (Column 6, Lines 8-12)] at least partially embedded (Column 5, Lines 62-63) within the second interior volume of the second body (2) and a second exterior portion (14) [flange (Column 6, Line 18)] extending from the second planar interior portion (18) to a second exterior [see Figure 20] of the second body (2); wherein the second insert (10) comprises a second plurality of standoffs (17) [arms (Column 6, Line 8)] and a second fastener hem (16) [locating hole (Column 6, Line 5)]; wherein the second fastener hem (16) and the second plurality of standoffs (17) are configured to directly contact the mounting wall (56) [building substrate (Column 7, Line 24)] to provide a rainscreen [drainage gap (Column 7, Line 25)] between the second panel (1) and the mounting wall (56); wherein at least some of the second plurality of standoffs (17) are connected to each other inside the second interior volume of the second body (2) via the insert (10) [as they are a part of the insert which is embedded in the body].
Regarding claims 2 and 3, Kuelker teaches the first and second inserts are formed from a non-corrosive metal material [galvanized metal (Column 6, Lines 1-2)].
Regarding claim 21, Kuelker teaches the first and second inserts comprise metal (Column 6, Lines 1-2).
Regarding claim 22, Kuelker teaches the first and second inserts comprise metal (Column 6, Lines 1-2) or plastic (Column 6, Line 3).
Regarding claim 23, Kuelker teaches the first and second inserts comprise plastic (Column 6, Line 3).
Regarding claim 26, Kuelker teaches the first and second inserts comprise metal (Column 6, Lines 1-2) and plastic (Column 6, Line 3).
Regarding claim 27, Kuelker teaches in Figures 1, 6, 7, 20 and 21, the metal of the first and second inserts (10) comprise a planar surface [as seen].
Regarding claim 28, Kuelker teaches in Figure 1, the plurality of standoffs (17) are positioned proximal to at least one side wall of the body (2) of the panel (1).
Regarding claim 29, Kuelker teaches in Figure 1, the first plurality of standoffs (17) is positioned proximal to the second plurality of standoffs (17).
Regarding claim 41, Kuelker teaches in Figure 6, at least one standoff of the plurality of standoffs (17) is located a distance from a top or bottom of the insert (10).
Regarding claim 42, Kuelker teaches in Figure 7, the insert further comprises a positioning stop (19) at the bottom of the insert (10).
Regarding claim 45, Kuelker teaches in Figure 21, a back of the first fastener hem and backs of the first plurality of stand-offs define a co-planar surface [that of the building substrate].
Regarding claim 31, Kuelker teaches in Figures 1, 6, 7, 20 and 21, a panel (1) (Column 5, Lines 53-54) comprising: a body (2) (Column 5, Lines 54-55) having a front (3) (Column 5, Line 58), back (7) [rear (Column 5, Line 59)], top (5) (Column 5, Line 58), bottom (5) (Column 5, Line 58) and side walls (6) (Column 5, Line 58), the side walls (6) extending between the front (3) and back (7), and an interior volume [concrete panel (Column 5, Line 53)] located between the front (3), back (7), top (5), bottom (5) and side walls (6); an insert (10) [hanger (Column 5, Line 62)] having a planar [bent at the same angle (Column 6, Lines 10-11)] interior portion (18) [prong (Column 6, Lines 8-12)] at least partially embedded (Column 5, Lines 62-63) within the interior volume of the body (2), and an exterior portion (14) [flange (Column 6, Line 18)] extending from the planar interior portion (18) to an exterior of the body (2) [see Figures 20 and 21]; wherein the insert (10) comprises a plurality of standoffs (17) [arms (Column 6, Line 8)] protruding from the body (2), wherein the exterior portion (14) comprises a fastener hem (16) [locating hole (Column 6, Line 5)] that is spaced apart from the stand-offs (17), and a back of the fastener hem (16) and backs of the stand-offs (17) are connected to each other inside the interior volume of the body (2) via the insert (10) [as they are a part of the insert which is embedded in the body]; and wherein the fastener hem (16) and the standoffs (17) are configured to directly contact a mounting wall (56) [building substrate (Column 7, Line 24)] to provide a rainscreen [drainage gap (Column 7, Line 25)] between the first panel (1) and the mounting wall (56); wherein the panel (1) is configured to be installed adjacent and substantially co-planar to a second panel [see Figure 20].
Regarding claim 32, Kuelker teaches the insert comprises metal (Column 6, Lines 1-2).
Regarding claim 32, Kuelker teaches the insert comprises plastic (Column 6, Line 3).
Regarding claim 36, Kuelker teaches the insert comprises metal (Column 6, Lines 1-2) and plastic (Column 6, Line 3).
Regarding claim 37, Kuelker teaches in Figures 1, 6, 7, 20 and 21, the metal of the insert (10) comprises a planar surface [as seen].
Regarding claim 38, Kuelker teaches in Figure 7, wherein at least two standoffs (17) of the plurality of standoffs (17) are located in a center of the insert (10) [via a line taken down the axis of the insert] and connected to each other inside the interior volume of the body (2) via the insert (10).
Regarding claim 39, Kuelker teaches in Figure 1, at least one of the plurality of standoffs (17) is positioned proximal to the side walls (6) of the body (2).
Regarding claim 40, Kuelker teaches in Figure 6 [annotated below], at least one standoff (17A) of the plurality of standoffs (17A-D) is positioned proximal to the side walls (6) of the body (2), and wherein the at least one standoff (17A) positioned proximal to the side wall (6) of the body (2) is internally disconnected from at least two standoffs (17C and D) located in the center of the insert (10) [as per claim 38].
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Regarding claim 43, Kuelker teaches in Figure 6, at least one standoff of the plurality of standoffs (17) is located a distance from a top or bottom of the insert (10).
Regarding claim 44, Kuelker teaches in Figure 7, the insert further comprises a positioning stop (19) at the bottom of the insert (10).
Claims 1-3 and 21-29 and 41 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US Patent Application Publication # 2011/0239578 to Wolf.
Regarding claim 1, Wolf teaches in Figures 3 and 5F [Figure 3 annotated below], a panel assembly (Z) [wall panel system (Paragraph 0056)], comprising: a first panel (10) (Paragraph 0028) comprising: a first body (12) (Paragraph 0030) with a first interior volume [in the cast body (Paragraph 0033)] and a first insert (16) [mounting element (Paragraph 0031)] comprising a first planar interior portion (18) [first end (Paragraph 0033)] at least partially embedded (Paragraph 0033) within the first interior volume of the first body (12) and a respective first exterior portion (20) [second end (Paragraph 0033)] extending from the first planar interior portion (18) to a first exterior of the first body (12), wherein the first insert (16) comprises a first plurality (bottom of Paragraph 0045) of standoffs (72, Fig 5F) [tabs (Paragraph 0045)] and a first fastener hem (21) [protrusion for receiving a fastener (Paragraph 0035)]; wherein the first fastener hem (21) and the first plurality of standoffs (72) are configured to directly contact a mounting wall (S) [sheathing (Paragraph 0035)] to provide a rainscreen [allowing water to drain (Paragraph 0039) into the air space (A) (Paragraph 0035)] between the first panel (10) and the mounting wall (S); wherein at least some of the first plurality of stand-offs (72) are connected to each other inside the first interior volume of the first body (12) via the insert (16); and a second panel (10’) comprising: a second body (12’) with a second interior volume [in the cast body (Paragraph 0033)], and a second insert (16’) comprising a second planar interior portion (18’) at least partially embedded (Paragraph 0033) within the second interior volume of the second body (12’) and a respective second exterior portion (20’) [second end (Paragraph 0033)] extending from the second planar interior portion (18’) to a second exterior of the second body (12’), wherein the second insert (16’) comprises a second plurality of standoffs (bottom of Paragraph 0045) (72, Fig 5F) [tab (Paragraph 0045)] and a second fastener hem (21’) [protrusion for receiving a fastener (Paragraph 0035)]; wherein the second fastener hem (21’) and the second plurality of standoffs (72) are configured to directly contact the mounting wall (S) to provide a rainscreen [allowing water to drain (Paragraph 0039) into the air space (A) (Paragraph 0035)] between the second panel (10’) and the mounting wall (S); wherein at least some of the second plurality of stand-offs (72) are connected to each other inside the second interior volume of the second body (12) via the insert (16).
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Regarding claims 2 and 3, Wolf teaches the first and second inserts are formed from a non-corrosive material (Paragraph 0031) that comprises metal or plastic (Paragraph 0031).
Regarding claim 21, Wolf teaches the insert comprises metal (Paragraph 0031).
Regarding claim 22, Wolf teaches the insert comprises metal or plastic (Paragraph 0031).
Regarding claim 23, Wolf teaches the insert comprises plastic (Paragraph 0031).
Regarding claim 24, Wolf teaches the insert comprises steel (Paragraph 0031).
Regarding claim 25, Wolf teaches the insert comprises steel and plastic (Paragraph 0031).
Regarding claim 26, Wolf teaches the insert comprises metal and plastic (Paragraph 0031).
Regarding claim 27, Wolf teaches in Figure 5F, the metal insert (16) comprises a planar surface.
Regarding claim 28, Wolf teaches in Figures 3 [annotated above] and 7A, the first plurality (bottom of Paragraph 0045) of stand-offs (72, Fig 5F) is positioned proximal to at least one side wall [where the arrow of 12 is pointing] of the first body (12) [tabs and slots function like tongue and grooves (Paragraph 0045 and 0063)] of the first panel (10) and wherein the second plurality (bottom of Paragraph 0045) of stand-offs (72, Fig 5F) is positioned proximal to at least one side wall [where the arrow of 12 is pointing] of the second body (12) [tabs and slots function like tongue and grooves (Paragraph 0045 and 0063)] of the second panel (10’).
Regarding claim 29, Wolf teaches in Figure 7A, the first plurality of standoffs [tongues are like tabs (Paragraph 0063)] is positioned proximal the second plurality of standoffs [proximal to the side wall].
Regarding claim 41, Wolf teaches in Figure 5F, at least one standoff (72) is located a distance from a top of the insert (16).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 24, 25, 34 and 35 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent # 6,253,515 to Kuelker.
Regarding claim 24, Kuelker teaches a panel assembly with first and second inserts but does not teach they are made from steel. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the insert from steel since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Regarding claim 25, Kuelker teaches a panel assembly with first and second inserts. Furthermore, he teaches the first and second inserts comprise plastic (Column 6, Line 3) but does not teach they comprise steel as well. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the insert from steel since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Regarding claim 34, Kuelker teaches a panel with an insert but does not teach it is made from steel. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the insert from steel since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Regarding claim 35, Kuelker teaches a panel. Furthermore, he teaches the insert comprises plastic (Column 6, Line 3) but does not teach it comprises steel as well. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the insert from steel since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. It is also common knowledge to choose a material that has sufficient strength, durability, flexibility, hardness, etc. for the application and intended use of that material.
Conclusion
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
