DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 10/19/2025 has been acknowledged. Claims 1-20 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group I (claims 1-7 and 18-20) in the reply filed on 10/19/2025 is acknowledged.
2. Claims 8-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Group II. Election was made with traverse in the reply filed on 10/19/2025.
Applicant's election with traverse of Group I in the reply filed on 10/19/2025 is acknowledged. The traversal is not found persuasive because no grounds for the traversal were made.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim(s) 2, 4-7, and 18-20, is/are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 2, at lines 2-3, the recitation “wherein the layer of DCPD foam or inert material is disposed between the first and second layers of basalt fibers” renders the claim indefinite because it was already recited in claim 1 and therefore fails to further limit the claim.
Regarding claim 4, at line 1, the recitation "the composite material" renders the claim indefinite because it lacks antecedent basis.
Regarding claim 5, at lines 2-3, the recitation "other regular geometry" renders the claim indefinite because the list of potential alternatives for “other” and “regular” can vary and ambiguity arises.
Regarding claim 6, at line 2, the recitation "lightweight, and easy to assemble" renders the claim indefinite because the terms lightweight and easy are relative or subjective terms that do not provide a clear boundary as to what type of material would qualify as lightweight and easy. For the purpose of this Office Action, the limitation will be examined under broadest reasonable interpretation.
Regarding claim 7, at line 1, the recitation "at least one form" renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the same previously recited building form.
Regarding claim 7, at line 2, the recitation "a reactive surface" renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the same previously recited reactive surface. In addition, the recitation “a reactive surface that bonds to concrete” renders the claim indefinite because it was already recited in claim 1 and therefore fails to further limit the claim.
Regarding claims 18-20, at line 1, the recitation "The apparatus of claim 1" renders the claim indefinite because it lacks antecedent basis.
Regarding claim 19, at line 2, the recitation "including but not limited to" renders the claim indefinite because it is unclear if the limitations that follow are each required or optional.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4-7, 18, and 19, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olsewski et al. (WO 2011106901 A1).
Regarding claim 1, Olsewski et al. teaches a composite building form (abstract; it is understood that the composite is capable of functioning as a building form), comprising: a first layer (14) of basalt fibers (may be reinforced with basalt fibers; paragraph 45); a layer of dicyclopentadiene (DCPD) foam or inert material (foam core 12) disposed between (figure 1) the first layer of basalt fibers and a second layer (16) of basalt fibers (may be reinforced with basalt fibers; paragraph 45); and a reactive surface (adhesive coating; paragraph 47) on the first and or second outer layer of basalt fibers (on the cover layer surfaces; paragraph 47) that bonds to concrete (it is understood that the concrete is capable of bonding to the adhesive coating).
Regarding claim 2, Olsewski et al. teaches the first and second layers of basalt fibers are mechanically separated (figure 1) to provide thermal and acoustic insulation (it is understood that the separation is capable of providing thermal and acoustic insulation).
Regarding claim 4, Olsewski et al. teaches the composite material further comprises a layer of glass fibers (paragraph 45).
Regarding claim 5, Olsewski et al. teaches the composite building form is shaped to form a column, a pillar, floor decking, a beam, pour stop, stairs, window frame, door frame or mesh or other regular geometry (although Olsewski et al. does not specifically disclose the composite being shaped to form, etc., it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).).
Regarding claim 6, Olsewski et al. teaches the composite building form is prefabricated (paragraph 3), lightweight, and easy to assemble (it is understood that the composite is capable of being lightweight and easy to assemble).
Regarding claim 7, Olsewski et al. teaches at least one form, comprises a composite material including basalt, glass, carbon, or other fibers (may be reinforced with basalt fibers; paragraph 45).
Regarding claim 18, Olsewski et al. teaches a composite material prefabricated to a specific building design and shipped to a building location for assembly (paragraph 3).
Regarding claim 19, Olsewski et al. teaches the composite material is made of a combination of two or more materials (paragraph 45).
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 of this title, 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) 3 and 20, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Olsewski et al. (WO 2011106901 A1) in view of Leblanc (CA 2932592 A1).
Regarding claim 3, Olsewski et al. does not specifically disclose the reactive surface on the fibers is a pozzolan coating.
Leblanc discloses synthetic aggregates (abstract) including a reactive surface on the fibers is a pozzolan coating (silica fume; paragraph 32).
Therefore, from the teaching of Leblanc, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the composite panel of Olsewski et al. to include a reactive surface on the fibers is a pozzolan coating, as taught by Leblanc, in order to improve the bonding strength to the concrete and form an overall more durable concrete composite structure for greater longevity and resistance to external loads.
Regarding claim 20, Olsewski et al. teaches a composite structure (abstract), but does not specifically disclose with a pozzolan coating to enhance a pull-out resistance in concrete.
Leblanc discloses synthetic aggregates (abstract) including a pozzolan coating (silica fume; paragraph 32) to enhance a pull-out resistance in concrete (it is understood that the pozzolan coating would inherently enhance a pull-out resistance in concrete).
Therefore, from the teaching of Leblanc, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the composite panel of Olsewski et al. to include a pozzolan coating to enhance a pull-out resistance in concrete, as taught by Leblanc, in order to improve the bonding strength to the concrete and form an overall more durable concrete composite structure for greater longevity and resistance to external loads.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to building composites in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (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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/OMAR F HIJAZ/Examiner, Art Unit 3633