DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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) 1-3, 5, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over by JP2005282045 to Toriyama et al. (“Toriyama”) in view of JP201360793 to Takahashi (“Takahashi”). See also English machine translation of Toriyama.
Regarding claim 1, Toriyama discloses an exterior wall structure of a building, the building including an exterior wall on which a lean-to roof is arranged, the exterior wall structure comprising: a column (vertical frame described in page 8 of the machine translation) forming the exterior wall; a first backing 2 (2 located above 13) attached to the column; a second backing 2 (2 located below 13) attached to the column at a position located downward from the first backing; a cladding 8 attached to the first backing; a lean-to roof frame member 13 forming the lean-to roof; and a flashing member 7 arranged between the cladding 8 and the lean-to roof frame member 13, wherein the first backing (2 located above 13) is attached to the column at a position located upward from the lean-to roof frame member 13, and the second backing (2 located below 13) is attached to the column at a position located downward from the lean-to roof frame member.
Toriyama does not disclose that the column is a column of a plurality of columns, the plurality of columns including main columns forming a framework structure of the building and studs arranged between the main columns.
Takahashi discloses an exterior wall structure comprising a column (outer 41) of a plurality of columns (at least four columns 41), the plurality of columns including main columns (two outer columns 41) forming a framework structure of the building and studs (two inner columns 41) arranged between the main columns.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the exterior wall of Toriyama to have the column be a column of a plurality of columns, the plurality of columns including main columns forming a framework structure of the building and studs arranged between the main columns as taught in Takahashi with a reasonable expectation of success because it would provide necessary vertical supports to improve load bearing capabilities of the exterior wall structure.
Regarding claim 2, Toriyama in view of Takahashi discloses that the first backing (2 above 13) is attached to the column in contact with an outer surface of the column.
Regarding claim 3, Toriyama in view of Takahashi discloses that the flashing member includes a flashing upper portion 7a extending in a vertical direction, a flashing intermediate portion 7 extending from a lower end of the flashing upper portion, and a flashing lower portion (vertical portion extending perpendicularly from 7 and abutting 15 and F) extending from a lower end of the flashing intermediate portion, the flashing upper portion 7a is located downward from a lower end surface of the first backing 2 in the vertical direction, an outer surface of the flashing upper portion 7a is located toward an indoor side of the outer surface of the first backing in a horizontal direction, and the flashing lower portion (vertical portion extending perpendicularly from 7 and abutting 15 and F) is located above the lean-to roof.
Regarding claim 5, Toriyama in view of Takahashi discloses a flashing support member 5 supporting the flashing member, wherein the flashing support member 5 is fixed to the column at a position located downward from a lower end surface of the first backing.
Regarding claim 6, Toriyama in view of Takahashi discloses a building, comprising: the exterior wall structure according to claim 1.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toriyama in view of Takahashi as applied in claim 1 above, and further in view of JP2017172156 to Hayashi (“Hayashi”).
Regarding claim 4, Toriyama in view of Takahashi discloses a boundary waterproof sheet laid out from the first backing to the lean-to roof frame member, wherein the boundary waterproof sheet includes an upper portion located between the flashing upper portion and the column.
Hayashi a boundary waterproof sheet 15 laid out from a first backing 52 to a lean-to roof frame member 11, wherein the boundary waterproof sheet 15 includes an upper portion located between a flashing upper portion 4 and a column 53.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the structure of Toriyama to have a boundary waterproof sheet laid out from the first backing to the lean-to roof frame member, wherein the boundary waterproof sheet includes an upper portion located between the flashing upper portion and the column as taught in Hayashi with a reasonable expectation of success because it would predictably provide improved watertighness at a junction.
Response to Arguments
Applicant's arguments filed 11/05/2025 and 11/18/2025 have been fully considered but they are not persuasive. On page 5 of the remarks, the applicant argues that Toriyama does not disclose panel 2 “attached to” the vertical frame as required by language of the claim reciting a backing “attached to” the column structure. However, Toriyama discloses that panel or backing 2 is not only formed on the joint receiving material 4, but is also “pasted”, i.e. attached to the outer surface of the structural frame which includes vertical and horizontal frame members (Toriyama, pg 10, first paragraph). Therefore, Toriyama discloses a backing 2 that is attached to a vertical component of the frame. It is also noted that there is absent language in the claim that structurally distinguishes, a vertical frame member, column, or stud.
Applicant’s arguments with respect to a column of a plurality of columns including main columns forming a framework and studs arranged between the main columns have been considered but are moot because the new ground of rejection with Takahashi teaching a plurality of columns including main columns forming a framework structure and studs arranged between the main columns. See rejection 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.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633