DETAILED ACTION
In response to Amendments/Arguments filed 6/30/2026. Claims 1 and 3-29 are pending. Claim 28 is withdrawn. Claims 1, 3-27, and 29 are examined thusly. Claims 1, 3, and 8 were amended. Claim 29 was added as new.
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.
Claims 1, 3-27, and 29 are 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.
Claim 1 recites the newly added limitation of “wherein the first gypsum core layer comprises the shrinkage control composition in an amount greater than the amount of the shrinkage control composition in the third layer”. Applicant points to paragraphs 0016 and 0076-0079 as support for the limitations. However, it is noted that the cited paragraphs or Examples do not recite a shrinkage composition in the third gypsum core being present in the layer. While it is noted that there is support for the third gypsum core layer having just the thermal insulation composition which is a specific composition that is claimed in claims 8 and 9, this does not provide adequate support for the third gypsum core layer as positively including any amount of the shrinkage control composition, let alone having the claimed limitation of the third gypsum core layer having a shrinkage control composition being less than the shrinkage control composition in the first gypsum layer. In other words, the instant claims read on the shrinkage control composition being present in the first and third gypsum layers whereas the cited paragraphs and Examples show a shrinkage control composition being only in the first gypsum core layer. As such, the instant amendments are not supported by the as-filed specification and the above limitations are new matter. Clarification is requested.
Claim 29 recites the limitation “wherein the third gypsum core layer comprises the thermal insulation composition in an amount greater than the amount of the thermal insulation composition in the first gypsum core layer”. Applicant points to paragraphs 0016 and 0076-0079 as support for the limitations. However, it is noted that the cited paragraphs or Examples do not recite a thermal insulation composition in the first gypsum core being present in the layer. The Examples and cited paragraphs show the first gypsum core layer consisting of the shrinkage control composition having the claimed materials and the third gypsum core layer consisting of the thermal insulation composition having the claimed materials of claims 8 and 9. There is no disclosure or any Example showing the claimed first gypsum core having the claimed thermal insulation material. As such, the instant amendments are not supported by the as-filed specification and the limitations are considered new matter. Clarification is requested.
Response to Arguments
Applicant’s arguments, see pp. 6-7, filed 6/30/2026, with respect to the 35 USC 102(a)(1) and 103 rejections under Esguerra have been fully considered and are persuasive. The rejections of the claims has been withdrawn. However, it is noted that the newly amended and newly added claims contain new matter as set forth above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
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