DETAILED ACTION
The Examiner acknowledges claims 1, 21-26 and 31 have been amended and claim 30 has been cancelled.
Response to Arguments
Applicant’s arguments and amendments with respect to the 112 rejections have been fully considered and are persuasive. The 112 rejections have been withdrawn.
Applicant’s arguments and amendments with respect to the Obviousness rejections have been considered but are moot because the amendment(s) have necessitated a new ground(s) of rejection. The rejection below now contemplates that Wolf, without Guerin discloses a plurality of standoffs.
Claim Objections
Claims 38 and 40 are objected to because of the following informalities: It would be more appropriate to use the word “two” instead of the number “2”. Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “at least 2 standoffs of the plurality of standoffs are located in a center of the insert and connected directly to each other inside the interior volume of the body” of claim 38 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figure 3 shows the standoffs (47) but does not show them directly connected. They are connected to each other via the insert [as in claim 31].
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 and 21-29 and 31-39 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 31, Wolf teaches in Figures 3 and 5F [Figure 3 annotated above], a panel (10) (Paragraph 0028) comprising: a body (12) (Paragraph 0030) having a front, back, top, bottom, and side walls extending between the front and back [as seen], and an interior volume [in the cast body (Paragraph 0033)] located between the front, back, top, bottom and side walls; an insert (16) [mounting element (Paragraph 0031)] having a 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 an exterior portion (20) [second end (Paragraph 0033)] extending from the planar interior portion (18) to an exterior of the body (12), wherein the insert (16) comprises a plurality (bottom of Paragraph 0045) of standoffs (72, Fig 5F) [tab (Paragraph 0045)] protruding from the body (12), wherein the exterior portion (20) comprises a fastener hem (21) [protrusion for receiving a fastener (Paragraph 0035)] that is spaced apart from the standoffs (72); and a back of the fastener hem (21) and a back of the standoffs (72) define a co-planar surface; and wherein at least some of the plurality of stand-offs (72) are connected to each other inside the interior volume of the body (12) via the insert (16); and wherein the fastener hem (21) and the 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 panel (10) and the mounting wall (S); wherein the panel (10) is configured to be installed adjacent and substantially coplanar to a second panel (10’).
Regarding claim 32, Wolf teaches the insert comprises metal (Paragraph 0031).
Regarding claim 33, Wolf teaches the insert comprises plastic (Paragraph 0031).
Regarding claim 34, Wolf teaches the insert comprises steel (Paragraph 0031).
Regarding claim 35, Wolf teaches the insert comprises steel and plastic (Paragraph 0031).
Regarding claim 36, Wolf teaches the insert comprises metal and plastic (Paragraph 0031).
Regarding claim 37, Wolf teaches in Figure 5F, the metal insert (16) comprises a planar surface.
Regarding claim 38, Wolf teaches in Figures 1 and 5F, the insert (16) extends across the entire width of the body (12) and thus the center of the body (12), therefore at least two standoffs (72) of the plurality of standoffs would be located in a center of the insert and are connected directly to each other inside the interior volume of the first body (12) [via the insert].
Regarding claim 39, Wolf teaches in Figures 3 [annotated above] and 7A, at least one standoff (72) of the plurality (bottom of Paragraph 0045) of stand-offs (72, Fig 5F) is positioned proximal to the side walls [where the arrow of 12 is pointing] of the body (12) [tabs and slots function like tongue and grooves (Paragraph 0045 and 0063)].
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.
Claim 40 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent Application Publication # 2011/0239578 to Wolf in view of German Patent # 2540666 to Ertl.
Regarding claim 40, Wolf teaches a panel. Furthermore, Ertl teaches in Figure 3, at least one standoff (30) of a plurality of standoffs is positioned proximal to a sidewall of a body (13), and wherein the at least one standoff (30) positioned proximal to the sidewall of the body (13) is internally disconnected from at least two standoffs located in a center of the panel (13) [there are three upper fittings 21 and four standoffs 30 thus they are internally disconnected]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wolf with Ertl with a reasonable expectation of success because that is what Ertl deemed necessary to support the panel. In the instant case, it would have been obvious to one of ordinary skill the art to use enough standoffs and upper fittings for the proper strength but not to use too many to waste material.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (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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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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