DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-21 are pending.
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.
Claim(s) 1-5 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffes et al (“Steffes”) (US 2019/0301178) in view of Leahy (US 2017/0306610).
Re claim 1, Steffes discloses a building material element (100) comprising:
a three-dimensional (3D)-printed ([0069]) architectural element (110); and
an integrated functional feature (118) related to a functional element (fasteners of [0063]),
first and second interconnection features (120, 122) positioned along adjacent edges (Fig. 2-3) of the building material element (100) and not aligned with (Fig. 2) a front surface (114) of the building material element (100),
but fails to disclose an integrated sensor configured to sense a parameter selected from the group consisting of an environmental parameter, an electrical parameter, an electromagnetic parameter, a mechanical parameter, an acoustic parameter, and combinations thereof.
However, Leahy discloses an integrated sensor ([0084] disclosing embedding in panels) configured to sense a parameter ([0084]) selected from the group consisting of air quality ([0084]; claim 14), gas permeability, voltage, current, power consumption, and combinations thereof.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material element of Steffes with an integrated sensor configured to sense a parameter selected from the group consisting of an environmental parameter, an electrical parameter, an electromagnetic parameter, a mechanical parameter, an acoustic parameter, and combinations thereof as disclosed by Leahy in order to gather data and generate events to record in a central computer system ([0084]).
It should further be noted that the language “three-dimensional (3D)-printed” is considered product-by-process; therefore, determination of patentability is based on the product itself. See M.P.E.P. §2113. The patentability of the product does not depend on its method of production. If the product-by-process claim is the same as or obvious from a product of the same prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985).
Re claim 2, Steffes as modified discloses the building material element of claim 1, wherein the 3D-printed architectural element (100) is selected from the group comprising at least a portion of a wall panel ([0050]), at least a portion of a ceiling panel, at least a portion of a floor panel, at least a portion of a crown molding, at least a portion of a chair railing, and at least a portion of a floor molding (as only 1 of the group is required).
Re claim 3, Steffes as modified discloses the building material element of claim 1, wherein the 3D-printed architectural element (100) comprises a decorative feature (114; [0051]).
Re claim 4, Steffes as modified discloses the building material element of claim 1, wherein the integrated functional feature (118) is configured to accommodate the functional element (fasteners of [0063]).
Re claim 5, Steffes as modified discloses the building material element of claim 1, wherein the integrated functional feature (118) corresponds to the functional element (fasteners of [0063]).
Re claim 21, Steffes as modified discloses the building material element of claim 1, wherein the air quality parameter (Leahy: [0084]; claim 14) is selected from the group consisting of CO ([0084]), CO2([0084]), smoke ([0084]), pollutants ([0084]), and biohazards ([0084]).
Claim(s) 6, 8, 10-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffes et al (“Steffes”) (US 2019/0301178) in view of Leahy (US 2017/0306610) and Beck et al (“Beck”) (US 2021/0222865).
Re claim 6, Steffes as modified discloses the building material element of claim 4, but fails to disclose wherein the functional element comprises one or more of a lighting apparatus, an electrical connectivity apparatus, an electronic device, a computing device, a communication device, and/or a sensor hub, the sensor hub configured to integrate and/or process sensor data.
However, Beck discloses wherein the functional element (160 and/or the sensor of [0071]) comprises one or more of a lighting apparatus (160; [0055]), an electrical connectivity apparatus, an electronic device, a computing device, a communication device, and/or a sensor hub, the sensor hub configured to integrate and/or process sensor data (this being and/or language).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material element of Steffes wherein the functional element comprises one or more of a lighting apparatus, an electrical connectivity apparatus, an electronic device, a computing device, a communication device, and/or a sensor hub, the sensor hub configured to integrate and/or process sensor data as disclosed by Beck in order to provide safety to those inside and outside of the building ([0003]), increase aesthetic appeal ([0003]), and to provide lighting that isn’t costly or time consuming to install ([0005]).
Re claim 8, Steffes as modified discloses the building material element of claim 6, Beck discloses wherein the sensor data ([0071]) is selected from the group consisting of light ([0071]), temperature, relative humidity, smoke, water, carbon monoxide, and combinations thereof.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material element of Steffes wherein the sensor data is selected from the group consisting of light, temperature, relative humidity, smoke, water, carbon monoxide, and combinations thereof as disclosed by Beck in order to provide safety to those inside and outside of the building ([0003]) and to provide lighting that isn’t costly or time consuming to install ([0005]).
Re claim 10, Steffes discloses a building material system (Fig. 12) comprising:
a plurality of (Fig. 12) interconnected building material elements (1270, 1280), each building material element (1270, 1280) comprising a three-dimensional (3D)-printed ([0069]) architectural element (110); and an integrated functional feature (118) related to a functional element (fasteners of [0063]),
wherein each of the interconnected building material elements (1270, 1280) comprise first and second interconnection features (120, 122) positioned along adjacent edges (Fig. 2-3) of the building material element (100) and not aligned with (Fig. 2) a front surface (114) of the building material element (100) such that the first and second interconnection features (120, 122) are hidden by (Fig. 12) adjacent building material elements (1270, 1280),
but fails to disclose wherein at least one of the plurality of building material elements comprises a light source, and an integrated sensor configured to sense a parameter selected from the group consisting of an environmental parameter, an electrical parameter, an electromagnetic parameter, a mechanical parameter, an acoustic parameter, and combinations thereof.
However, Beck discloses wherein at least one of the plurality of building material elements (110) comprises a light source (160; [0055], [0071]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material system of Steffes wherein at least one of the plurality of building material elements comprises a light source as disclosed by Beck in order to provide safety to those inside and outside of the building ([0003]), increase aesthetic appeal ([0003]), and to provide lighting that isn’t costly or time consuming to install ([0005]).
In addition, Leahy discloses an integrated sensor ([0084] disclosing embedding in panels) configured to sense a parameter ([0084]) selected from the group consisting of air quality ([0084]; claim 14), gas permeability, voltage, current, power consumption, and combinations thereof.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material system of Steffes with an integrated sensor configured to sense a parameter selected from the group consisting of an environmental parameter, an electrical parameter, an electromagnetic parameter, a mechanical parameter, an acoustic parameter, and combinations thereof as disclosed by Leahy in order to gather data and generate events to record in a central computer system ([0084]).
It should further be noted that the language “three-dimensional (3D)-printed” is considered product-by-process; therefore, determination of patentability is based on the product itself. See M.P.E.P. §2113. The patentability of the product does not depend on its method of production. If the product-by-process claim is the same as or obvious from a product of the same prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985).
Re claim 11, Steffes as modified discloses the building material system of claim 10, wherein each 3D-printed architectural element (100) is the same as ([0075]; except in color, as the language does not limit to what is the same) each other 3D-printed architectural element (100).
Re claim 12, Steffes as modified discloses the building material system of claim 10, wherein each 3D-printed architectural element (100) is a different type from ([0075]; differing colors) at least one other 3D-printed architectural element (100).
Re claim 13, Steffes as modified discloses the building material system of claim 10, wherein the 3D-printed architectural element (100) is selected from the group comprising at least a portion of a wall panel ([0050]), at least a portion of a ceiling panel, at least a portion of a floor panel, at least a portion of a crown molding (as only one of the grouping is required).
Re claim 14, Steffes as modified discloses the building material system of claim 10, wherein at least one 3D-printed architectural element (100) comprises a decorative feature (114; [0051]).
Re claim 15, Steffes as modified discloses the building material system of claim 10, wherein at least one integrated functional feature (118) is configured to accommodate the functional element ([0063]; the fasteners).
Re claim 16, Steffes as modified discloses the building material system of claim 10, wherein at least one integrated functional feature (118) corresponds to the functional element ([0063]; the fasteners).
Re claim 17, Steffes as modified discloses the building material system of claim 15, Beck discloses wherein the functional element (160) comprises one or more of a lighting apparatus (160; [0055]), an electrical connectivity apparatus, an electronic device, a computing device, a communication device, and/or a sensor hub.
Re claim 19, Steffes as modified discloses the building material system of claim 17, wherein each building material element (1270, 1280) further comprises an environmental sensor (Leahy: claim 14) configured to sense an environmental parameter (Leahy: [0084]; claim 14).
Claim(s) 7, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffes et al (“Steffes”) (US 2019/0301178) in view of Leahy (US 2017/0306610) and Gavris et al (“Gavris”) (US 2014/0170365).
Re claim 7, Steffes discloses the building material element of claim 5, but fails to disclose wherein the functional element comprises a 3D-printed insulation material.
However, Gavris discloses wherein the functional element (34) comprises a 3D-printed (as this language is product by process) insulation material ([0034]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material element of Steffes wherein the functional element comprises a 3D-printed insulation material as disclosed by Gavris in order to provide a thermal insulative R-value to the building material element ([0034]).
It should further be noted that the language “3D-printed” is considered product-by-process; therefore, determination of patentability is based on the product itself. See M.P.E.P. §2113. The patentability of the product does not depend on its method of production. If the product-by-process claim is the same as or obvious from a product of the same prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985).
Re claim 9, Steffes as modified discloses the building material element of claim 7, Gavris discloses wherein an infill characteristic ([0034]) of the 3D-printed insulation material (34) is selected based, at least in part, on a target physical characteristic ([0034]), the target physical characteristic selected from the group consisting of a target thermal characteristic ([0034]; and R-value), a target mechanical characteristic ([0035]; the thickness: [0036]; the material), a target weight of the building material element, and/or a target permeability, and combinations thereof, the infill characteristic ([0034]-[0035]) selected from the group consisting of an infill pattern, an infill percentage, a selected infill material ([0036]), and combinations thereof.
Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steffes et al (“Steffes”) (US 2019/0301178) in view of Leahy (US 2017/0306610), Beck et al (“Beck”) (US 2021/0222865) and Gavris et al (“Gavris”) (US 2014/0170365).
Re claim 18, Steffes as modified discloses the building material system of claim 16, but fails to disclose wherein the functional element comprises a 3D-printed insulation material.
However, Gavris discloses wherein the functional element (34) comprises a 3D-printed (as this language is product by process) insulation material ([0034]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the building material system of Steffes wherein the functional element comprises a 3D-printed insulation material as disclosed by Gavris in order to provide a thermal insulative R-value to the building material element ([0034]).
It should further be noted that the language “3D-printed” is considered product-by-process; therefore, determination of patentability is based on the product itself. See M.P.E.P. §2113. The patentability of the product does not depend on its method of production. If the product-by-process claim is the same as or obvious from a product of the same prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695 (Fed. Cir. 1985).
Re claim 20, Steffes as modified discloses the building material system of claim 18, Gavris discloses wherein an infill characteristic ([0034]) of the 3D-printed insulation material (34) is selected based, at least in part, on a target physical characteristic ([0034]), the target physical characteristic selected from the group comprising a target thermal characteristic ([0034]; and R-value), a target mechanical characteristic ([0035]; the thickness: [0036]; the material), a target weight of the building material element, and/or a target permeability, the infill characteristic ([0034]-[0035]) selected from the group comprising an infill pattern, an infill percentage, and a selected infill material ([0036]).
Response to Arguments
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 (for the reasons stated in the previous rejection) is hereby withdrawn.
Claim Rejections 35 USC 102 and/or 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant argues the amended language of the independent claims. The claims stand rejected after an updated search in view of Leahy in the 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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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