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 .
Claims 1-8, and 10-15 are pending.
Applicants have incorporated the features of the now canceled dependent claim 9 into parent claim 1.
The Spector reference was correctly identified in the rejection of the previous Office Action, and being listed in the attached PTO-892 form for clear record keeping in the application.
Response to Arguments
Applicant's arguments filed 10/8/2025 based upon the changes to claim 1 have been fully considered but they are not persuasive. The applicants have argued concerning the features of the formed product from the mold design is to be a slab or column element usable in a structure. The argument by the applicants are noted however, the features that are being argued are directed to the manner of use of the formed blocks which are seen as intended use of the particularly formed products. The manner of use of the blocks do not differentiate from the teachings of the prior art references which would encompass the claimed structures of the construction mold and kit. Here, the formed blocks being used as a slab or as a column element is not persuasive, particularly in light of ARENDT that teaches on [0038] that the blocks can be consecutively stacked with each other, which can be seen as a column. Thus, the formed blocks as seen in ARENDT is capable of being arranged to the particular arrangement such as a slab or column. Similarly the teaching of MIDDLETON of the formed bricks would also be capable of being used in such a manner.
Whereby, the invention of the amended claims are not allowable over the prior art teachings, and the applicant’s arguments do not overcome the rejection of the claims.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 10, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0299492 A1 (ARENDT) in view of US2309579 A (DURAN), or GB 678517 A (MIDDLETON, from IDS), and further in view of US 5727979 A (SPECTOR).
Re: 1, ARENDT teaches of a system [kit for a construction game] allowing to construct a structure (building blocks B, see [0001-0017], the kit comprising:
a [plaster] powder material configured to be mixed with a liquid solution in order to create a substance in the form of a viscous liquid and capable of being solidified ([0069], see gelatin powder mix that is mixed with liquid and then solidified);
at least one [plaster] powder container configured to contain the plaster powder material (see container including package or pouch [0069] for powder 1 or ingredients I, see Figs. 1 and 2);
at least one construction mold configured to receive at least a part of the substance in order to create at least one solid predefined construction shape, the at least one solid predefined construction shape being configured so as to be later used to construct the structure (see construction molds 10a, Fig. 1, see also teaching of the blocks B that can form a structure as they are stacked upon each other, see [0074] due to pegs and depressions that allow for the stacking); and
[a packaging comprising the at least one plaster powder container and the at least one construction mold.]
Whereby, ARENDT teaches that it known in the art of kits/systems in forming building blocks from molds, particularly from the use of powder materials that are mixed and set into the mold and cured. ARENDT does not teach of the use plaster powder in forming the structure and of a packaging form the powder container and construction mold.
Wherein, in the same field of endeavor regarding molding arts, particularly of home novelty/toy molding, the DURAN or MIDDLETON teachings are relevant to the ARENDT reference.
DURAN teaches of toy molding, in this case of forming toy building blocks out of materials including plaster of Paris, or any other form of artistic moldable material, see Col. 1, lines 5-10, wherein, the blocks can be in the form of different shapes, see Col. 1, lines 1-5 and Col. 2, lines 13-18. The formed molded blocks can be bonded together to form a unit structure, see page 2, Col. 4, lines 3-15.
The alternative is the teaching by MIDDLETON that teaches of system/method of molding a constructional toy including brinks and units to form a structure, see page 2, lines 1-6, and wherein, the moldable material used in the molds 1a include Plaster of Paris, see page 2, lines 41-45. It is known to one skilled in the art of the formation of Plaster of Paris is a known in being formed from powder and mixed with water.
It would have been obvious for one of ordinary skill in the art to have modified the system/kit of ARENDT with the use of plaster materials for molding as taught by DURAN (or MIDDLETON) as a known materials for molding toy building blocks for building and educational purposes (see DURAN, Col. 1, lines 9-12). See also MPEP 2143, as this is also seen as applying a known technique (use of plaster as taught by DURAN) to a known device (the system/kit of ARENDT) ready for improvement (yielding building blocks for building and educational purposes of DURAN) to yield predictable results.
Wherein, in the same field of endeavor regarding molding arts, particularly of home crafting devices, the SPECTOR teaching is relevant to the ARENDT reference.
In SPECTOR, known craft kits for molding can include curable resin, and also the use of plaster used forming the final product, see Col. 2, lines 60-67 and Col. 3, lines 35-38. Regarding the packaging, this can be seen in packages for kits as seen in stores for the sales and transport of the entire system in a single package, the concept of a kit box is evident throughout the sales of craft items for many decades. Further, as seen in SPECTOR, the entire kit is in a box, see Col. 2, lines 40-49.
It would have been obvious for one of ordinary skill in the art to have modified the system/kit of ARENDT in view of DURAN (or MIDDLETON) with a packaging (such as a box) as taught by SPECTOR in order to contain the entire system/kit in a single transport container.
Regarding the at least one construction mold is configured so that a solid predefined construction shape is a slab element or a column element usable in the structure to be constructed. (This is an intended use of the formed blocks of the construction mold, see also teaching in ARENDT of the various shapes as seen mold designs, see Figs. 4 and 8, see also teaching of forming solidly without cavities, see [0056], see teaching of stacking of the blocks, see [0038].)
Re: 2 (upon 1), wherein the at least one construction mold comprises at least one first molding part and a second molding part interlocked one with another using a locking system. (See teaching of molds that are interlocked via stacking with each other, see [0071-0075], see also Figures 1-2 and 16A-16D, wherein the locking system being sockets 150, see [0062-0064]).
Re: 3 (upon 2), wherein the at least one first molding part and the second molding part are configured to be dismantled and reused in order to create another construction mold. (See teaching of the sockets between the molds, see [0062-0064], see also Figures 16-16D, and also of the changing from storage to molding configuration. The teaching of the storing the molds and further to then operate with the molds being molding configuration, whereupon one skilled in the art would recognize this as teaching in the dismantling and further reuse of the molds.).
Re: 10 (upon 1), wherein the kit further comprises at least one solid construction brick comprised in the packaging, the at least one solid construction brick being configured to be later used to construct the structure. (See teaching by ARENDT for forming a solid construction, see [0056])
Re: 14, a method for constructing a structure by using a kit according to Claim 1, the method comprising:
opening (S1) the packaging;
opening (S2) the at least one [plaster] powder container in order to extract at least a part of the [plaster] powder material;
mixing (S3) the [plaster] powder material with the liquid solution in order to create the substance in a form of the viscous liquid and capable of being solidified later;
pouring (S5) at least a part of the substance in the at least one construction mold of the kit in order to create a plurality of predefined construction shapes; and
assembling (S8) predefined construction shapes in order to construct all or part of the structure.
See teaching of the use by ARENDT above for claim 1, ARENDT does not teach the use of plaster powder material and instead is directed to forming a comestible structure from the mold. See further the combination of ARENDT in view of DURAN (or MIDDLETON) and further in view of SPECTOR as taught above for claim 1.
Re: 15 (upon 14), wherein the at least one construction mold comprises
at least one first molding part and a second molding part interlocked one with another using a locking system,
further comprising a step of interlocking (S4) the at least one first molding part and the second molding part with one another by using the locking system,
the at least one first molding part and the second molding part being configured to be dismantled and reused in order to create another construction mold.
See teaching of ARENDT regarding the molds and the interlocking between the molding parts, see claims 2 and 3 above. See teaching of the storing the molds and further to then operate with the molds being molding configuration, whereupon one skilled in the art would recognize this as teaching in the dismantling and further reuse of the molds.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over ARENDT in view of DURAN (or MIDDLETON) and SPECTOR as applied to claim 2 above, and further in view of US 2910737 A (MACMILLAN).
Re: 4 (upon 2), wherein the locking system is configured such that:
the at least one first molding part comprises a first leg and a second leg, the first leg and the second leg each comprising a tab hole,
the second molding part comprises fitting holes, the fitting holes being configured to receive the first leg and the second leg of the at least one first molding part, and when the first leg and the second leg of the at least one first molding part are inserted in the fitting holes of the second molding part,
the at least one first molding part comes to fit in the second molding part creating a resulting assembly, and the resulting assembly between the at least one first molding part and the second molding part is held in place by inserting a blocking tab in each tab hole of the tab holes of the first leg and the second leg of the at least one first molding part when the at least one first molding part is inserted in the second molding part.
(See teaching of ARENDT with the sockets between the molds, see [0062-0064], see also Figures 16-16D).
It is noted that the modified ARENDT references do not teach the particular features.
However, in relevant reference in the same constructional toy arts, the MACMILLAN reference teaches of a structure of blocks that includes teaching of parts that includes legs, holes, and blocking tab (see bolts 19), see Figs. 4a, 5, and 6, see Col. 3, lines 21-33. Here, the locking mechanism between adjacent elements would be applicable to the ARENDT reference in assembling the molding parts.
Here, it would have been obvious for one of ordinary skill in the art to have modified arrangement of the molding parts of the modified ARENDT with the locking mechanisms as taught by MACMILLAN for assembling and locking the molding parts together.
Re: 5 (upon 4), see teaching by MACMILLAN regarding the bolt which can be considered T-shaped depending upon point of reference.
Re: 6 (upon 5), wherein the first portion has a polygonal shape, see teaching by MACMILLAN wherein the portions are seen as polygonal, see Fig. 5 and 6, see dowel 16.
Re: 7 (upon 5), wherein the first portion is configured to lean on the at least one first molding part when the at least one first molding part is inserted in the second molding part and the blocking tab is inserted in each tab hole of the at least one first molding part. See MACMILLAN teaching in Fig. 6.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over ARENDT in view of DURAN (or MIDDLETON) and SPECTOR as applied to claim 1 above, and further in view of US 2017/0136653 A1 (SUN).
Re: 8 (upon 1), wherein the at least one construction mold is made of a synthetic plastic polymer.
The references are silent as to the construction mold is to be made from plastic polymer, it is noted that DURAN reference teaches of the mold being made from metal, see Col. 2, lines 33-35, which is a known material used in constructing the mold.
Further, relevant reference SUN is in the same field of endeavor in forming building structures, and teaches of molds that can be made from a variety of materials such as metal, wood, plastics, etc, [0072], wherein, the use in the toy molding, the molding material worked upon includes modeling clay, ceramic clay, plastics, wherein the material can be used for education, training and exercise, or fun activity, see [0068], and wherein the units assembled can be done with hot glue or double-sided tape. The mold can also be used in the industrial application [0070] with the molding material can be of metal, foam material, plastics, etc.
It would have been obvious for one of ordinary skill in the art to have further modify the molds of the modified ARENDT with the construction of the molds from plastic as taught by SUN as the plastic material is one of many readily known materials used for constructing molds from of which such usage is seen as combining prior art elements to known methods to yield predictable results, see MPEP 2143.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over ARENDT in view of DURAN (or MIDDLETON) and SPECTOR as applied to claim 10 above, and further in view of US 2018/0169949 A1 (MOMOSE) and US 4764548 A (HOPPE)
Re: 11 (upon 10), further comprising an adhesive paste configured to be spread between at least two adjacent solid construction bricks in order to hold the at least two adjacent solid construction bricks together when the at least two adjacent solid construction bricks are stacked one on top of the other, the adhesive paste comprising a water-based acrylic substance.
The references do not specifically teach of using a water based acrylic substance to hold the building blocks together.
It is known in the art particularly of joining blocks together in assembling a structure with the use of adhesive as seen in MOMOSE, see [0040, 0077] (see also use of hot glue and tape as seen in SUN above). The use of adhesives in general is known for usage and wherein, HOPPE teaches a known adhesive of the claimed features as seen in weight ratio to solids, see Col. 1, line 25 to Col. 2, line 3, with the different properties and includes teaching of viscosity of all grades, and wherein, the material can acrylic, see Col. 2, lines 47-62.
It would have been obvious for one of ordinary skill in the art to have further modify the kit of the modified ARENDT with the addition of adhesive as taught by MOMOSE as it allows for providing additional joining of the molded blocks together after the assembly of the molded block and further the use of adhesive paste as taught by HOPPE as this is seen as combining prior art elements according to known methods to yield predictable results, in this case of the use of known adhesives, particularly to the teachings of the modified ARENDT in view of MOMOSE.
Re: 12 and 13 (upon 11) wherein, the teachings of HOPPE regarding the adhesive from acrylic would also encompass the features set forth in claims 12 and 13.
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 EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
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, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744