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 .
Election/Restrictions
Claims 13 and amended claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected embodiment, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/30/25. Regarding claim 13, the Applicant argues that all of the figures in the specification are drawn to one single embodiment. However, the Applicant should look to the specification which states, [0022] “In one embodiment”, [0023] “In another embodiment”, [0024] “In yet another embodiment”, etc. It appears there are more than one embodiment in the specification.
Regarding claims 18-20, the limitation of “poured” was not previously examined and appears to be a method of making and not an article claim as previously examined.
Claims 13 and 18-20 are withdrawn by original presentation.
Double Patenting
The double patenting rejection of the previous action is obviated by the applicant’s terminal disclaimer dated 5/13/26.
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 22 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. Claim 22 recites “consisting” of the parts claimed in claim 1. This appears to be new matter as the specification and figures do not support this limitation since various components are used in combination together throughout the specification and figures.
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, 2, 4-9, 12, 14-17, 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. US 2016/0069067 to Ciuperca in view of U.S. Patent No. 5,373,674 to Winter.
Regarding claim 1, 4, 5, 15, 16, 21 and 22, Ciuperca discloses an insulated building panel having a foam insulation layer (fig. 1: 12), a rigid sheathing material (48) layer and a weather resistant barrier (44, 52, [0071]) layer, the insulation layer is a foam of polyurethane [0063] and self-adhered to the sheathing [0071]. However, the panel does not include a drainage plane of corrugations. Winter discloses a building panel (title) having a foam insulation layer (fig. 7: 16) adhered to a corrugated layer (13, and fig. 5: 24a) and an exterior skin (fig. 7: see top layer, not numbered). It should be noted that a corrugated panel may function as having drainage plane since there is an air gap between corrugations and they allow fluid to pass. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ciuperca by substituting such a panel layer for the rigid sheathing to improve rigidity and strength in the wall panel.
Regarding claim 2 and 3, the insulation layer is a foam of polyurethane [0063] and self-adhered to the sheathing [0071].
Regarding claim 6, the vapor barrier is layered [0071].
Regarding claim 7, the weather barrier (44, 52) layer and the corrugated surface, of Winter, will define a drainage plane as air may flow between corrugations.
Regarding claim 8, magnesium oxide is disclosed [0073].
Regarding claims 9 and 19, a fluid air barrier is further disclosed [0085], (54).
Regarding claim 12, a fiber reinforced plastic is disclosed [0070] and the barrier is a single layer when joined in the completed stage.
Regarding claim 14, no stud is used in the panel (the panel as structurally claimed being 12, 48, 44, 52).
Regarding claim 17, magnesium oxide is disclosed [0073] as the sheathing layer and is rigid.
Regarding claim 18, claim 18 is rejected for reasons cited in the rejections of claims 1 and 6.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. US 2016/0069067 to Ciuperca in view of U.S. Patent No. 5,373,674 to Winter further in view of U.S. Application No. US 2009/0223144 to Leahy.
Regarding claim 11, Ciuperca in view of Winter does not disclose a seamless corner with double rail mating alignment component. Leahy discloses such a structure in panels ([0016], [0017]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Ciuperca by adding such a structure as disclosed by Leahy in order for a more secure structure.
Response to Arguments
Applicant's arguments filed 5/13/26 have been fully considered but they are not persuasive. The Applicant assumes different components for the Examiner’s rejection. However, the Applicant should note that there are no structural limitations claimed with these limitations and the Examiner’s rejection is proper as originally written. For example, a weather resistant material with no limiting structure may be any material capable of having at least a slight degree of weather resistance.
Regarding the self-adhering limitation, the Applicant argues this is not disclosed. However, [0071] states 48, 50 are adhered to the exterior surfaces 40, 42 of the foam which discloses adhesion. The foam is disclosed as a polymeric elastomeric [0071] combined with 48, 50 which is applied by “spraying, brushing or rolling” which self-adhesion is required since a material which is sprayed, brushed on, or rolled on is ineffective if not able to adhere upon the surface to which it is applied and would render the structure nonfunctional if the said material applied falls off the substructure which it is supposed to be applied to. These methods of application [0071] require self-adhesion for them to be functional. There is no other adhesive disclosed for “spraying, brushing or rolling” and therefore, the disclosed materials are self-adhering. Also, the limitation of “laminated” is merely two materials adhered together. This does not rely solely on an intermediate adhesive, as a paint may be construed as a layer of lamination which is self-adhered to a paper. Regarding the limitation of self-adhered, as noted above, without the disclosure of a third material, an adhesive, the two components above are self-adhered. The foam material is structured to be self-adhered to the rolled on material. Both materials self-adhere to each other.
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 extension fee 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 Basil Katcheves whose telephone number is (571)272-6846. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached on (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633
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