DETAILED ACTION
This is a first Office action on the merits responsive to applicant’s original disclosure filed on 5/8/2024. Claims 1-20 are pending and are under consideration.
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 .
Information Disclosure Statement
The Information Disclosure Statements filed on 5/27/2024, 6/12/2024, 8/1/2024, 8/8/2024, 8/30/2024, 11/27/2024, 12/26/2024, 1/30/2025, 6/18/2025, 7/21/2025, 8/14/2025, 8/20/2025, 10/15/2025, 11/7/2025 and 12/9/2025 are being considered.
Drawings
The drawings filed on 5/8/2024 are acceptable for examination.
Claim Objections
Claims 6-7 are objected to because of the following informalities:
Claims 6-7, “a combination of these” is objected to because it is unclear what “these” is referring to and thus the limitation lacks antecedent basis. This objection can be overcome by reciting, “a combination thereof .
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “connecting member” in claims 8 and 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10, “a plurality of connecting members” is indefinite because the claims previously recite a connecting member. It is unclear whether the limitation includes or does not include the previously recited connecting member. This rejection can be overcome by clarifying in the claim that the previously recited connecting member in claim 8 includes a plurality of connecting members, such as by reciting, “wherein the connecting member comprises a plurality of connecting members” or equivalent.
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, 6-7 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karle et al. (US 20160130812) (‘Karle’).
Claim 1, Karle provides a precast concrete panel 3 comprising:
a first layer 11 forming a rear-side of the precast concrete panel (Fig. 12), wherein the first layer has concrete (“concrete layer” [0071]) with a reinforcement structure (1 bottom; Fig. 12);
a core 6 having a thermally insulating material (“insulation element” 6); and
a second layer 14 forming a front-side of the precast concrete panel (Fig. 12), wherein the second layer has fiber reinforced concrete (“concrete” [0071] with fiber reinforcement 1 top [0028], as exceedingly broadly claimed; Fig. 12),
wherein the first layer, the core, and the second layer are coupled to each other to form the precast concrete panel (Fig. 12).
Claim 2, Karle further provides wherein the core is sandwiched between the first layer and the second layer (Fig. 12).
Claim 6, Karle further provides the second layer having fiber reinforced concrete, wherein the fiber includes one or more of metal fibers, glass fibers, synthetic fibers, natural fibers, or a combination of these (under the broadest reasonable interpretation, the “concrete” [0071] is reinforced with fibers [0028]-[0029], as exceedingly broadly claimed).
Claim 7, Karle further provides wherein the thermally insulating material includes one or more of polystyrene (EPS), polyurethane foam (PUR), mineral wool, or a combination of these (“polyurethane foam” [0030]).
Claim 14, Karle provides a method of forming a precast concrete panel 3, the method comprising:
forming a first layer of the precast concrete panel 11 having concrete (“concrete” [0071]) with a reinforcement structure (bottom 1; Fig. 12), wherein the first layer forms a rear-side of the precast concrete panel (Fig. 12);
placing a core 6 having a thermally insulating material on the first layer (“thermal insulation element; claim 1; Fig. 12); and
forming a second layer of the precast concrete panel 14 having fiber reinforced concrete (“concrete” [0071] with reinforcing fiber 1 top [0028], as exceedingly broadly claimed; Fig. 12), wherein the second layer forms a front-side of the precast concrete panel (Fig. 12),
wherein the first layer, the core, and the second layer are coupled to each other to form the precast concrete panel (Fig. 12).
Claim(s) 1-2, 5-7, 13-14 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hou et al. (US 20200240144) (‘Hou’).
Claim 1, Hou provides a precast concrete panel (Fig. 9) comprising:
a first layer (rear layer 13) forming a rear-side of the precast concrete panel (Fig. 9), wherein the first layer has concrete (“concrete” layer [0113]) with a reinforcement structure 15;
a core 14 having a thermally insulating material [0122]; and
a second layer (front layer 13) forming a front-side of the precast concrete panel (Fig. 9), wherein the second layer has fiber reinforced concrete (“glass fiber” [0160]),
wherein the first layer, the core, and the second layer are coupled to each other to form the precast concrete panel (Fig. 9).
Claim 2, Hou further provides wherein the core is sandwiched between the first layer and the second layer (under the broadest reasonable interpretation, the first and second layers are outer layers and the core is located therebetween, thus being sandwiched between, as exceedingly broadly claimed; Fig. 9).
Claim 5, Hou further provides the first layer having concrete with the reinforcement structure (Fig. 9), wherein the reinforcement structure includes a single-layer metal mesh (15 “steel wires” [0151]).
Claim 6, Hou further provides the second layer having fiber reinforced concrete, wherein the fiber includes one or more of metal fibers, glass fibers, synthetic fibers, natural fibers, or a combination of these (”glass fiber” [0160]).
Claim 7, Hou further provides wherein the thermally insulating material includes one or more of polystyrene (EPS), polyurethane foam (PUR), mineral wool, or a combination of these (EPS [0122]).
Claim 13, Hou further provides wherein the core has a variable thickness throughout a length of the precast concrete panel (see thickness of 14 along a length thereof in Fig. 9).
Claim 14, Hou provides a method of forming a precast concrete panel, the method comprising:
forming a first layer of the precast concrete panel (rear layer 13; Fig. 9) having concrete (“concrete” layer [0113]) with a reinforcement structure 15, wherein the first layer forms a rear-side of the precast concrete panel (Fig. 9);
placing a core 14 having a thermally insulating material [0122] on the first layer on the rear layer 13; Fig. 9); and
forming a second layer (13 front; Fig. 9) of the precast concrete panel having fiber reinforced concrete (“glass fiber” [0160]), wherein the second layer forms a front-side of the precast concrete panel (Fig. 9),
wherein the first layer, the core, and the second layer are coupled to each other to form the precast concrete panel (Fig. 9).
Claim 16, Hou further provides wherein the reinforcement structure comprises a single-layer metal mesh (“steel wires” [0151]).
Claim(s) 1-2, 8-12, 14 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu (WO 2015135440).
Claim 1, Chu provides a precast concrete panel (Fig. 4) comprising:
a first layer 2 forming a rear-side of the precast concrete panel (Fig. 4), wherein the first layer has concrete (“concrete” English translation) with a reinforcement structure (“anchoring steel plates or other steel components, by bolting or welding”; English translation);
a core 3 having a thermally insulating material (“insulation layer 3”; English translation); and
a second layer 1 forming a front-side of the precast concrete panel (Fig. 4), wherein the second layer has fiber reinforced concrete (“concrete” with a “fiber reinforced composite”; English translation),
wherein the first layer, the core, and the second layer are coupled to each other to form the precast concrete panel (Fig. 4).
Claim 2, Chu further provides wherein the core is sandwiched between the first layer and the second layer (under the broadest reasonable interpretation, the core is located between the first and second layers and thus was treated as being sandwiched between the first and second layers, as exceedingly broadly claimed; Fig. 4).
Claim 8, Chu further provides a connecting member 7 for interconnecting the precast concrete panel to an adjacent precast concrete panel (Fig. 4; as generically shown in Figs. 4-12).
Claim 9, Chu further provides wherein the connecting member is a wire loop that overlaps with another wire loop of the adjacent precast concrete panel to create a hook (see Figs. 5-8), wherein a metal rod 9 passes through the hook and locks the precast concrete panel to the adjacent precast concrete panel (generically shown in Figs. 6-8).
Claim 10, Chu further provides a plurality of connecting members 9 along an edge of the precast concrete panel (Fig. 5; generically shown in Figs. 4-12).
Claim 11, Chu further provides wherein the precast concrete panel includes a first recessed section, at a bottom side of the precast concrete panel, to be used for coupling to a foundation (bottom recess section 5; Fig. 4). It is noted that the claim does not positively recite a foundation, and does not positively recite coupling the precast concrete panel to a foundation, but that Chu’s precast concrete panel is suitable to be coupled to a foundation at the first recessed section, and thus Chu meets the claim.
Claim 12, Chu further provides wherein the precast concrete panel includes a second recessed section, at a top side of the precast concrete panel, to be used for coupling to another precast concrete panel (second recessed section 5 at the top of the precast concrete panel; Fig. 4). It is noted that the claim does not positively recite a another precast concrete panel, and does not positively recite coupling the precast concrete panel to another precast concrete panel, but that Chu’s precast concrete panel is suitable to be coupled to another precast concrete panel at the second recessed section, and thus Chu meets the claim.
Claim 14, Chu provides a method of forming a precast concrete panel, the method comprising:
forming a first layer 2 of the precast concrete panel (Fig. 4) having concrete (“concrete” English translation) with a reinforcement structure (“anchoring steel plates or other steel components, by bolting or welding”; English translation), wherein the first layer forms a rear-side of the precast concrete panel (Fig. 4);
placing a core 3 having a thermally insulating material on the first layer (“insulation layer 3” on the first layer; English translation; Fig. 4); and
forming a second layer 1 of the precast concrete panel having fiber reinforced concrete (“concrete” with a “fiber reinforced composite”; English translation), wherein the second layer forms a front-side of the precast concrete panel (Fig. 4),
wherein the first layer, the core, and the second layer are coupled to each other to form the precast concrete panel (Fig. 4).
Claim 17, Chu further provides attaching one or more connecting members 7 to an edge of the precast concrete panel for interconnecting the precast concrete panel to an adjacent precast concrete panel during installation (generically shown in Figs. 5-8).
Claim 18, Chu further provides wherein the one or more connecting members is a wire loop (7 is a wire loop; Fig. 4) that overlaps with another wire loop of the adjacent precast concrete panel to create a hook (generically shown in Figs. 5-8), wherein a metal rod 9 passes through the hook and locks the precast concrete panel to the adjacent precast concrete panel (generically shown in Figs. 6-8).
Claim 19, Chu further provides forming a first recessed section, at a bottom side of the precast concrete panel, to be used for coupling to a foundation (first recessed section 5 at the bottom of the precast concrete panel; Fig. 4). It is noted that the claim does not positively recite a foundation, and does not positively recite coupling the precast concrete panel to a foundation, but that Chu’s precast concrete panel is suitable to be coupled to a foundation at the first recessed section, and thus Chu meets the claim.
Claim 20, Chu further provides forming a second recessed section, at a top side of the precast concrete panel, to be used for coupling to another precast concrete panel (second recessed section 5 at the top of the precast concrete panel; Fig. 4). It is noted that the claim does not positively recite a another precast concrete panel, and does not positively recite coupling the precast concrete panel to another precast concrete panel, but that Chu’s precast concrete panel is suitable to be coupled to another precast concrete panel at the second recessed section, and thus Chu meets the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karle et al. (US 20160130812) (‘Karle’).
Claims 3-4, Karle teaches all the limitations of claim 1 as above. The embodiment of Fig. 12 does not teach [claim 3] a load bearing element traversing, at least in part, through the first layer, the core, and the second layer, and [claim 4] wherein the load bearing element comprises a lattice girder having an upper bar and two lower bars connected through a triangulated framework of lacing members. However, the embodiment of Fig. 11 teaches a load bearing element (18, 19, 20, 22, collectively; [0062]; [0069]; Fig. 11) traversing, at least in part, through the first layer, the core, and the second layer (Fig. 11), wherein the load bearing element comprises a lattice girder (defined by 18, 19, 20, 22; Fig. 11) having an upper bar 20 and two lower bars 22 connected through a triangulated framework of lacing members 19. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of the embodiments of Figs. 11 and 12 by incorporating a load bearing element traversing, at least in part, through the first layer, the core, and the second layer, wherein the load bearing element comprises a lattice girder having an upper bar and two lower bars connected through a triangulated framework of lacing members, with the reasonable expectation of success of further reinforcing the precast concrete panel using a known technique, since the embodiments of Figs. 11 and 12 were treated as obvious variants of one another.
Claim 15, Karle teaches all the limitations of claim 14 as above. The embodiment of Fig. 12 does not teach adding a load bearing member along with the reinforcement structure, wherein the load bearing element comprises a lattice girder having an upper bar and two lower bars connected through a triangulated framework of lacing members. However, the embodiment of Fig. 11 teaches adding a load bearing member (18, 19, 20, 22, collectively; [0062]; [0069]; Fig. 11) along with the reinforcement structure (Fig. 11), wherein the load bearing element comprises a lattice girder (defined by 18, 19, 20, 22; [0062]; [0069]; Fig. 11) having an upper bar 20 and two lower bars 22 connected through a triangulated framework of lacing members 19. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to combine the teachings of the embodiments of Figs. 11 and 12 by adding a load bearing member along with the reinforcement structure, wherein the load bearing element comprises a lattice girder having an upper bar and two lower bars connected through a triangulated framework of lacing members.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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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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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635