DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. Claims 1-16 as filed on 02/05/2024 (amended copy) are pending and herewith considered as indicated below.
Information Disclosure Statement
6. The information disclosure statement (IDS) submitted on 02/05/2024 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
8. Figs. 9-13 are objected to because they including photographs and/or shading. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications unless the photographs are the only practicable medium for illustrating the claimed invention. The use of shading may be used if it aids in understanding the invention and if it does not reduce legibility. Such shading is preferred in the case of parts shown in perspective, but NOT for cross sections. See MPEP § 608.02. In the instant case, legibility is reduced.
9. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
10. Claim 12 is objected to because of the following informalities: Examiner believes that that a typographical error is present within the claim. The claim depends on claim 12 however Examiner believes the claim should be depended on claim 10. Examiner believes "12" has been accidently added which is the typographical error, further rendering the claim as dependent on itself. The correct statement should be "12. (Currently Amended) The method according to Claim 10". Furthermore, Examiner has analyzed claim 12 as dependent on claim 10. Appropriate correction is required.
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.
11. Claims 1-16 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.
In regards to Claim 1, see below;
“The longitudinal direction” in line 13 lacks proper antecedent basis, it appears the longitudinal direction is intended to recite “direction”
“The form-fitting” in line 14 lacks proper antecedent basis, it appears the form-fitting is intended to recite “formwork fitment”
“The formwork interface” in line 15 lacks proper antecedent basis, it appears the formwork interface is intended to recite “formwork connection”
“at least one formwork interface” in 17-18 lacks proper antecedent basis, it appears the formwork interface is intended to recite “formwork connection”
“The distance” in line 22 lacks proper antecedent basis, it appears the distance is intended to recite “the space”
The phrase “Its” in line 23 is indefinite due to numerous elements previously introduced
The phrase “Its” in line 24 is indefinite due to numerous elements previously introduced
The phrase “This” in line 29 is indefinite due to numerous elements previously introduced
The term “arbitrarily positioned ” in claim 1 line 29, is a relative term which renders the claim indefinite. The term “arbitrarily positioned” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The language is being interpreted as positioned.
“The relative position” in line 30 lacks proper antecedent basis, it appears the The relative position is intended to recite “the position”
“The running direction” in line 31 lacks proper antecedent basis, it appears The running direction is intended to recite “the direction”
“The connection” in line 32 lacks proper antecedent basis, it appears the connection is intended to recite “attachment”
“The connection” in line 33 lacks proper antecedent basis, it appears the connection is intended to recite “attachment”
“The system” in line 34 lacks proper antecedent basis, it appears the connection is intended to recite “the formwork system”
In regards to Claim 2, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
“The surface” twice in line 7 lacks proper antecedent basis, it appears the surface is intended to recite “the formwork skin”
In regards to Claim 3, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
In regards to Claim 4, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
The term “simple linear or rotational movement” in claim 4, line 5 is a relative term which renders the claim indefinite. The term “simple linear or rotational movement” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The language is being interpreted as movement.
“the form fit” in line 5 lacks proper antecedent basis, it appears the form fit is intended to recite “the formwork fitment”
In regards to Claim 5, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
In regards to Claim 6, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
“the distance” in line 5 and in line 6 lacks proper antecedent basis, it appears the distance is intended to recite “the space”
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “Integer Multiple” in claim 6 is used by the claim to mean “a set distance based on size,” while the accepted meaning is “numbers.” The term is indefinite because the specification does not clearly redefine the term.
In regards to Claim 7, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
“the direction” in line 4 lacks proper antecedent basis, it appears the direction is intended to recite “location”
In regards to Claim 8, see below;
“the set-up adjustable formwork” in line 3 lacks proper antecedent basis, it
appears the set-up adjustable formwork is intended to recite “adjustable formwork”
“the spatial region” in line 5 lacks proper antecedent basis, it appears the spatial region is intended to recite “region”
“The system” in line 7 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
“The system” in line 9 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
“the side” in line 9 lacks proper antecedent basis, it appears the side is intended to recite “towards”
“the formwork” in line 11 lacks proper antecedent basis, it appears the formwork is intended to recite “the formwork panel”
“the filling” in line 11 lacks proper antecedent basis, it appears the filling is intended to recite “filling”
“the formwork” in line 14 lacks proper antecedent basis, it appears the formwork is intended to recite “the formwork panel”
“the material” in line 15 lacks proper antecedent basis, it appears the material is intended to recite “liquid material”
“this material” in line 15 lacks proper antecedent basis, it appears this material is intended to recite “liquid material”
“the cast wall element” in line 23 lacks proper antecedent basis, it appears the cast wall element is intended to recite “wall element”
In regards to Claim 9, see below;
“The system” in line 3 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
In regards to Claim 10, see below;
“The system” in line 2 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
The phrase “Its” in line 3 is indefinite due to numerous elements previously introduced
The phrase “Its” in line 4 is indefinite due to numerous elements previously introduced
“the system” in line 4-5 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
“the spatial region” in line 10 lacks proper antecedent basis, it appears the spatial region is intended to recite “the region”
“the formwork” in line 13 lacks proper antecedent basis, it appears the formwork is intended to recite “the formwork panel”
“the filling” in line 13 lacks proper antecedent basis, it appears the filling is intended to recite “filling”
“the formwork” in line 16 lacks proper antecedent basis, it appears the formwork is intended to recite “the formwork panel””
“the material” in line 16 lacks proper antecedent basis, it appears the material is intended to recite “the liquid material”
“this material” in line 16, lacks proper antecedent basis, it appears this material is intended to recite “liquid material”
“the cast wall element” in line 24 lacks proper antecedent basis, it appears the cast wall element is intended to recite “wall element”
In regards to Claim 11, see below;
“the length” in line 3 lacks proper antecedent basis, it appears the length is intended to recite “the connection component length”
“the thickness” in line 4 lacks proper antecedent basis, it appears the thickness is intended to recite “wall element thickness”
In regards to Claim 12, see below;
“the underlying surface” in line 2-3 and 3-4 lacks proper antecedent basis, it appears the underlying surface is intended to recite “ground surface”
“the case of application” in line 3 lacks proper antecedent basis, it appears the case of application is intended to recite “as intended for ground surface”
In regards to Claim 13, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
In regards to Claim 14, see below;
“The system” in line 1 lacks proper antecedent basis, it appears the system is intended to recite “the formwork system”
Claim Rejections - 35 USC § 103
12. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
13. 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.
14. Claim(s) 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Brewka et al (US 20080173788 A1) (Herein with Brewka) in view of Jang Yun Gun (KR 20210023098 A)(Herein with Gun) and Hagerich et al. (US 20220195741 A1)(Herein with Hagerich).
In regards to Claim 1, Brewka discloses a formwork system [Unnumbered, Fig 1] (see examiners comments) for a wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) , comprising at least one formwork panel (10) [Fig 1], at least one connection component (128) [Fig 1]; wherein the formwork panel (10) [Fig 1] comprises a framework (14) [Fig 1], the formwork skin (12) [Fig 3] wherein the framework (14) [Fig 1] has a plurality of longitudinal struts (28) [Fig 1] and a plurality of cross struts (30) [Fig 1] , wherein the longitudinal struts (28) [Fig 1] and the cross struts (30) [Fig 1] are arranged substantially perpendicular to one another [Fig 1]; wherein, in a connected state [Fig 3], the formwork skin(12) [Fig 3] rests on at least a portion [Fig 3] of the longitudinal struts (28) [Fig 3] and the cross struts (30) [Fig 3]; wherein at least a part of the longitudinal struts (28) [Fig 1] and/or cross struts (30) [Fig 1] has an undercut [Unnumbered, Fig 2] (see examiners comments) which is oriented in the longitudinal direction [Fig 2] of the longitudinal struts (28) [Fig 1] and/or cross struts (30) [Fig 1], wherein the undercut [Unnumbered, Fig 2] (see examiners comments) is provided for the form-fitting and frictionally engaged connection (128) to the formwork interface [Unnumbered, Fig 6] (see examiners comments) of a connection component (128) [Fig 1], wherein the connection component (128) [Fig 1] comprises at least one frame interface [Unnumbered, Fig 6] (see examiners comments) which is provided for releasable connection (132, bolts are known to be removeable) [Fig 4] to the frame section [Abstract] and comprises at least one formwork interface [Unnumbered, Fig 6] (see examiners comments) which is provided for releasable connection (132, 134) to the formwork panel (10) [Fig 1]. The clamping element [Unnumbered, Fig 4] (see examiners comments) comprises at least two gripping arms (144, 166) [0045], wherein at least one of the gripping arms (144, 166) [0045] is designed to be movable [Fig 4] relative to another gripping arm (144, 166) [0045], wherein the distance between the at least two gripping arms (144, 166) [0045] is designed to be adjustable [0045, “Slides downwardly along the pins”] [Fig 7]. The connection component (128) [Fig 1] is connected with its formwork interface [Unnumbered, Fig 6] (see examiners comments) to the at least one formwork panel (10) [Fig 1]; wherein the at least one connection component (128) [Fig 1] is connected with its frame interface [Unnumbered, Fig 6] (see examiners comments) to the frame section [Abstract]
However, Brewka fails to disclose at least one frame section, wherein the frame section comprises a plurality of vertical posts and a plurality of horizontal bars and the frame section extends in three spatial directions; the formwork skin can be releasably fastened to the framework, Furthermore, failing to disclose wherein the formwork interface comprises at least one clamping element; wherein the gripping arms of the clamping element engage in the undercut on the framework of the formwork panel at least in regions, as a result of which at least one form-fitting,-preferably also a frictionally engaged connection between the formwork interface and the formwork panel is present, wherein this connection can be arbitrarily positioned along the undercut, whereby the relative position between the connection component and the formwork panel is designed be adjustable in a direction parallel to the running direction of the undercut.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the clamping element and connection of Brewka to rearrange both the clamping element and connection in order to use the clamping element as part of the formwork interface and the connection element as park of the framework interface. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019. When modified, the formwork interface would now comprise at least one clamping element; wherein the gripping arms of the clamping element engage in the undercut on the framework of the formwork panel at least in regions, as a result of which at least one form-fitting,-preferably also a frictionally engaged connection between the formwork interface and the formwork panel is present, wherein this connection can be arbitrarily positioned along the undercut, whereby the relative position between the connection component and the formwork panel is designed be adjustable in a direction parallel to the running direction of the undercut.
Furthermore, Gun discloses one frame section (10) [Fig 1] [Background, used in interior/exterior walls]; wherein the frame section (10) [Fig 1] comprises a plurality of vertical posts (40,41) [Fig 2] and a plurality of horizontal bars [Unnumbered, Fig 2] (see examiners comments) and the frame section (10) [Fig 1] extends in three spatial directions [Fig 2], wherein the frame section (10) [Fig 1] can be used as a free-standing frame section (10) [Fig 1] after being separated from the formwork panel (10, Brewka) [Fig 1];
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the formwork system as disclosed by Brewka to include the frame section; wherein the frame section comprises a plurality of vertical posts and a plurality of horizontal and the frame section extends in three spatial directions, wherein the frame section can be used as a free-standing frame section after being separated from the formwork panel as disclosed by Gun. When modified, the framework would connect to the formwork system by clamping element sporadically placed for connection (as modified above) with a reasonable expectation of success in order to provide access to complete the formwork for the wall element.
Furthermore, Hagerich discloses the formwork skin (12, Brewka) [Fig 3] can be releasably fastened (15) [0055] to the framework (14, Brewka) [Fig 1], wherein, in a connected state, the formwork skin (12, Brewka) [Fig 3] rests on at least a portion [Fig 1, Brewka] of the longitudinal struts (28,Brewka) [Fig 1] and the cross struts (30,Brewka) [Fig 1]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the formwork system as disclosed by Brewka to include that the formwork skin can be releasably fastened as disclosed by Hagerich. When modified, the formwork skin would connect to the formwork system by anchoring elements(rivets) placed for connection with a reasonable expectation of success in order to enhance durability during liquid curing as well as ease of transportation when used repeatedly.
In regards to Claim 2, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to claim 1, wherein that a support element (152,154) [Fig 7] is provided which is connected to the formwork interface [Unnumbered, Fig 6] (see examiners comments) and the frame interface (128) [Fig 4], wherein the formwork interface [Unnumbered, Fig 6] (see examiners comments) and the frame interface (128) [Fig 4] are arranged at a distance from one another on the support element (152,154) [Fig 7], and the support element (152,154) [Fig 7] has a longitudinal axis and the formwork interface [Unnumbered, Fig 6] (see examiners comments) and the frame interface (128) [Fig 4] are arranged at a distance from one another along the longitudinal axis [Fig 4], and wherein the longitudinal axis is oriented substantially parallel [Fig 6] to the surface of the formwork skin (12) [Fig 3] or substantially perpendicular [Fig 5] to the surface of the formwork skin (12) [Fig 3].
In regards to Claim 3, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to claim 2, wherein that a compensating element [Unnumbered, Fig 6, arm through portal] (see examiners comments) is provided, which is arranged [Fig 6] between the support element (152,154) [Fig 7] and the frame interface (128) [Fig 4], wherein the compensating element [Unnumbered, Fig 6, arm through portal] (see examiners comments) has a linear bearing [Fig 6] by which the frame interface (128) [Fig 4] and the support element (152,154) [Fig 7] can be displaced [Fig 6] [0045] relative to the support element (152,154) [Fig 7] at least in regions in a direction parallel [Fig 6] to the longitudinal axis of the support element (152,154) [Fig 7] .
In regards to Claim 4, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to Claim 1, wherein that two frame interfaces (128) [Fig 4] and two formwork interfaces [Unnumbered, Fig 6] (see examiners comments) are provided [Fig 1], which are each arranged at a distance [Fig 4] from one another on a common support element (152,154) [Fig 7] and/or the clamping element [Unnumbered, Fig 4] (see examiners comments) has an unlocking mechanism [0045, “Self-Locking”] [Fig 6] which can be actuated by a simple linear or rotational movement [0045], wherein the form fit between the formwork interface [Unnumbered, Fig 6] (see examiners comments) and the formwork panel (10) [Fig 1] can be undone by actuating the unlocking mechanism [0045]. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
In regards to Claim 5, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to Claim 1 wherein that the undercut [Unnumbered, Fig 2] (see examiners comments) on the framework (14) [Fig 1] of the formwork panel (10) [Fig 1] is designed as a groove [Fig 2] which is oriented in the longitudinal direction [Fig 2] of the longitudinal struts (28) [Fig 1] and/or cross struts (30) [Fig 1], wherein the groove has a U-shaped, rectangular [Fig 2] or curved cross-section.
In regards to Claim 6, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to Claim 1 wherein that at least two connection components (128) [Fig 1] are provided and each connection component (128) [Fig 1] has at least two formwork interfaces [Unnumbered, Fig 6] (see examiners comments), and the formwork panel (10) [Fig 1] has a plurality of cross struts (30) [Fig 1] with an undercut [Unnumbered, Fig 2] (see examiners comments) arranged thereon at least in regions, wherein the distance between the at least two formwork interfaces [Unnumbered, Fig 6] (see examiners comments) on the connection component (128) [Fig 1] corresponds to an integer multiple of the distance between two adjacent cross struts (30) [Fig 1] of the formwork panel (10) [Fig 1].
In regards to Claim 7, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to Claim 1, However, fails to disclose wherein that the clamping element has an intermediate post on which the two gripping arms are arranged, wherein the longitudinal direction of the intermediate post runs substantially parallel to the direction of movement of at least one gripping arm and wherein at least one frame interface is arranged on the intermediate post, which frame interface corresponds in shape and size to an interface in the frame section.
However, in a secondary embodiment, Brewka discloses wherein that the clamping element [Unnumbered, Fig 4, original embodiment] (see examiners comments) has an intermediate post (216) [Fig 18] on, wherein the longitudinal direction of the intermediate post (216) and wherein at least one frame interface (128, original embodiment]) [Fig 4] is arranged on the intermediate post (216) [Fig 18], which frame interface (128, original embodiment) [Fig 4] corresponds in shape and size to an interface in the frame section (10, Gun) [Fig 1].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the formwork system as disclosed by Brewka to include the intermediate post as disclosed by a secondary embodiment by Brewka. When modified, the intermediate post would mechanically attach (fasten) to the to the clamping element, specifically, the two gripping arms by element (224). Brewka in the original embodiment discloses “A hole 178 is provided at the outboard edge of the bracket arms to permit an adjustable wall brace or other form hardware to be conveniently mounted by a pin or other fastener to the support bracket when mounted on the frame of the forming panel 10.” [Paragraph 0045]. Furthermore, when modified, the two gripping arms are arranged on the intermediate post used as a support via a fastening element. Modifying the elements from the originally embodiment with the secondary embodiment would help provide more support between the frame and formwork.
In regards to Claim 8, Brewka as modified in claim 1, discloses a method [Claims 15-16] for producing a wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) , comprising the steps of
A) setting up [Fig 1, showing an adjustable form work set up] an adjustable formwork (10) which comprises at least one formwork panel (10) [Fig 1],
B) fastening [Fig 2, showing fastening, Hagerich] a reinforcement [0009, Hagerich] (15)to the set-up adjustable formwork [Fig 1],
C) setting up [Fig 10, showing setting up closing formwork] a closing formwork (10) [Fig 10], wherein the adjustable formwork [Fig 1] (10) and the closing formwork (10) [Fig 10]delimit the spatial region in which the wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) is provided and wherein the reinforcement (148) is arranged between the adjustable formwork (10) and the closing formwork (10) [Fig 10], and wherein the closing formwork (10) [Fig 10] is formed by a system [Unnumbered, Fig 1] (see examiners comments) according to claim 1, the formwork panel (10) [Fig 1] of which is oriented toward the reinforcement (148), and the frame section (10) [Fig 1] of the system [Unnumbered, Fig 1] (see examiners comments) is arranged on the side of the formwork panel (10) [Fig 1] opposite the adjustable formwork (10),
D) preparing [Figs 1-9 showing preparing] the formwork (10) for the filling of a liquid material (116) [0043, 0053] between the adjustable formwork (10) and the closing formwork (10) [Fig 10],
E) filling (Fig 10, showing filling with liquid material) the formwork with a liquid material (116) [0043],
F) curing the material (Fig 10, paragraph 0053, showing curing the material), whereby this material forms the wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) together with the reinforcement,
G) separating (not shown, paragraph 0058 detailing separating) the formwork panel (10) [Fig 1] from the frame section (10, Gun) [Fig 1], wherein the frame interface (128) [Fig 4] of the connection component (128) [Fig 1] is detached from the frame section (10, Gun) [Fig 1] or the formwork interface [Unnumbered, Fig 6] (see examiners comments) of the connection component (128) [Fig 1] is detached from the formwork panel (10) [Fig 1],
H) removing (not shown, paragraph 0058 detailing removal) the formwork panel (10) [Fig 1], the frame section (10, Gun) [Fig 1] remaining in an unchanged position,
I) processing (not shown, paragraph 0058 detailing processing) the cast wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) from the frame section (10, Gun) [Fig 1].
In regards to Claim 9, Brewka as modified in claim 1, discloses the method [Claims 15-16] according to claim 8 wherein the formwork panel (10) [Fig 1], the frame section (10, Gun) [Fig 1], and the at least one connection component (128) [Fig 1] of the system [Unnumbered, Fig 1] (see examiners comments) are assembled (Fig 1, showing assembled) prior to carrying out method step C).
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Brewka with assembling at least the formwork panel, frame section and one connection element prior to setting up a closing in order to pour concrete and finalize the wall element. In general, selection of the order of performing process steps has been held as within the level of ordinary skill in the art absent new or unexpected results. In re Gibson, 39 F.2d 975
In regards to Claim 10, Brewka as modified in claim 1, discloses the method [Claims 15-16] for producing a wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) , comprising the steps of ;
I) constructing [Figs 1 and4 showing system constructed] a system [Unnumbered, Fig 1] (see examiners comments) according to claim 1, wherein the at least one connection component (128) [Fig 1] is connected with its frame interface (128) [Fig 4] to the frame section (10) [Fig 1] and with its formwork interface [Unnumbered, Fig 6] (see examiners comments) to the formwork panel (10) [Fig 1], and wherein the system [Unnumbered, Fig 1] (see examiners comments) forms an adjustable formwork (10),
II) fastening [Fig 2, showing fastening, Hagerich] a reinforcement [0009, Hagerich] (15) to the formwork skin (12) [Fig 3] of the formwork panel (10) [Fig 1] of the system [Unnumbered, Fig 1] (see examiners comments) , wherein the reinforcement is fastened from the frame section (10, Gun) [Fig 1],
III) setting up [Fig 10, paragraph 0053, showing and detailing a closing formwork set up] a closing formwork (10) [Fig 10], wherein the closing formwork (10) [Fig 10] is introduced between the formwork panel (10) [Fig 1] and the frame section (10) [Fig 1], and wherein the closing formwork (10) [Fig 10] and the formwork skin (12) [Fig 3] of the formwork panel (10) [Fig 1] delimit the spatial region in which the wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) is provided, and wherein the reinforcement [0009, Hagerich] (15) is arranged between the closing formwork (10) [Fig 10] and the formwork panel (10) [Fig 1],
IV) preparing [Fig 10, paragraph 0058, showing the formwork prepared] the formwork for the filling of a liquid material (116) [0043 and 0058] between the adjustable formwork (10) and the closing formwork (10) [Fig 10].
V) filling [Fig 10, paragraph 0058, showing and detailing formwork filled with liquid material] the formwork (10) with a liquid material (116) [0043],
VI) curing [Fig 10, paragraph 0058, showing and detailing the formwork cured with liquid material] the material, whereby this material (116) [0043] forms the wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) together with the reinforcement,
VII) separating (not shown, paragraph 0012 and 0058 detailing separating) the formwork panel (10) [Fig 1] from the frame section (10, Gun) [Fig 1], wherein the frame interface (128) [Fig 4] of the connection component (128) [Fig 1] is detached from the frame section (10, Gun) [Fig 1] or the formwork interface [Unnumbered, Fig 6] (see examiners comments) of the connection component (128) [Fig 1] is detached from the formwork panel (10) [Fig 1], and removing the formwork panel (10) [Fig 1],
VIII) removing (not shown, paragraph 0012 and 0058 detailing removal) the closing formwork (10) [Fig 10], the frame section (10, Gun) [Fig 1] remaining in an unchanged position,
IX) final processing (not shown, paragraph 0012 and 0058 detailing processing) of the cast wall element [Unnumbered, Fig 1, Abstract] (see examiners comments) from the frame section (10, Gun) [Fig 1].
In regards to Claim 11, Brewka as modified in claim 1, discloses the method [Claim 15, 16] according to claim 10, wherein in that in method step I) the formwork panel (10) [Fig 1] and the frame section(10, Gun) [Fig 1] are constructed at a distance [Fig 4] from one another. However, fails to disclose the length of the at least one connection component is equal to or greater than the thickness of the wall element to be produced.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection component of Brewka to have a length equal to or greater than the thickness of the wall element to be produced in order to increase strength and rigidity of the connection component, as increasing the size increases the amount of material used. In general, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to Claim 12, Brewka as modified in claim 1, as modified discloses the method [Claims 15-16] according to claim 10, Gun discloses the frame section (10) [Fig 1] is constructed on the underlying surface [Fig 1 showing underlaying surface] as in the case of application or the frame section (10) [Fig 1] is placed on the underlying surface [Fig 1 showing underlaying surface] for construction.
In regards to Claim 13, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to claim 1, the gripping arms (144,166), the clamping element [Unnumbered, Fig 4] (see examiners comments), the undercut [Unnumbered, Fig 2] (see examiners comments), the framework (14) [Fig 1] of the formwork panel (10) [Fig 1]. However, fails to disclose wherein the gripping arms of the clamping element engage in the undercut on the framework at least in regions, as a result of which at least one form-fitting and also a frictionally engaged connection.
Furthermore, based on claim 1, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the formwork interface as disclosed by Brewka to include at least one clamping element and the clamping element comprises at least two gripping arms; wherein the gripping arms of the clamping element engage in the undercut on the framework at least in regions, as a result of which at least one form-fitting and also a frictionally engaged connection. Modifying the formwork interface to include the clamping element (as rearranged in claim 1), allows for clamping element gripping arms to engage in the undercut portions when connected allowing for a secure and static connection, since it has been held that simple substitution of one known element for another to obtain predictable results is within the level of ordinary skill in the art. See MPEP 2143(B).
In regards to Claim 14, Brewka as modified in claim 1, discloses the system [Unnumbered, Fig 1] (see examiners comments) according to claim 2 and the support element (152,154) [Fig 7] . However, Brewka fails to disclose wherein the support element is rod-shaped.
However, it would have been obvious as a matter of choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the support element of Brewka to have rod in shape in order to provide a simple, easy to manufacture shape. In general, it has been held that a mere change in shape of a component is within the level of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed shape is significant. In re Dailey, 357 F.2d 669, 149.
In regards to Claim 15, Brewka as modified in claim 1, discloses the method [Claims 15-16] according to claim 8, wherein in method step E), anchors (62) are introduced which connect the adjustable formwork (10) and the closing formwork (10) [Fig 10] to one another.
In regards to Claim 16, Brewka as modified in claim 1, discloses the method [Claims 15-16] according to claim 10, wherein in method step IV), anchors (62) are introduced which connect the adjustable formwork (10) and the closing formwork (10) [Fig 10] to one another.
Examiners Comments
PNG
media_image1.png
358
366
media_image1.png
Greyscale
Gun, Figure 2
PNG
media_image2.png
376
455
media_image2.png
Greyscale
Fig 2, Berwka
PNG
media_image3.png
503
572
media_image3.png
Greyscale
Brewka, Fig 1
PNG
media_image4.png
482
501
media_image4.png
Greyscale
Brewka, Figure 6
Conclusion
15. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635