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 .
The amendment filed on 11/13/2025 in response to the non-final office action mailed on 09/25/2025 has been considered. Claim(s) 1-8 is/are pending. Claim(s) 1-8 has/have been examined in this action.
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) 1-4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-190046 A to Hattori et al. (See Translation) in view of JP 51-039360 to Chiyoda-Ku (document and translation provided by Applicant).
Regarding claim 1, Hattori et al. disclose a mounting method of a building surface material (16) for mounting the building surface material (16) to a base material (13) made of steel (Page 3, lines 10-11), the mounting method comprising: temporarily fixing a part of a back surface (rear of 16, Fig.2) of the building surface material to an adhesive (20) adhered to a mounting surface of the base material; and bringing a tool in contact with a front surface on an opposite side of the back surface of the building surface material, and using the tool along the adhesive to pressure-bond the building surface material and the base material to each other (Page 7, line 38 – Page 8, line 5).
Although Hattori et al. discloses using a tool such as a hammer to apply pressure, or the hand of the installer to apply pressure, Hattori et al. do not specifically disclose a magnetic attraction jig in contact with a front surface on an opposite side of the back surface of the building surface material, and moving the magnetic attraction jig along the adhesive to attract the base material by an attraction force of the magnetic attraction jig and pressure-bond the building surface material and the base material to each other.
Chiyoda-Ku discloses a magnetic attraction jig (Fig.1) in contact with a front surface on an opposite side of the back surface of the building surface material, and moving the magnetic attraction jig along the adhesive to attract the base material by an attraction force of the magnetic attraction jig and pressure-bond the building surface material and the base material to each other (translation provided by Applicant).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used a magnetic roller to apply the outer surface material of Hattori as taught by Chiyoda-Ku so to effectively apply pressure to a building surface material without the need to use impact tools such as hammers, etc. and also to ensure more pressure can be applied to the adhesives beyond the human hands. Further, the magnet ensures a user that the pressure is being applied in the appropriate areas of the building material.
Regarding claim 2, Hattori et al. disclose a mounting method of a building surface material for mounting an underlining surface material (66, Fig.8) and an overlining surface material (67) which are the building surface material to a base material (63A, B) made of steel (Page 3, lines 10-11), the mounting method comprising: fixing the underlining surface material to a mounting surface of the base material with a fastener (Page 10, lines 34-36); temporarily fixing a part of a back surface the overlining surface material (67, Fig.8) to an adhesive (65) adhered to a front surface of the underlining surface material (66) on an opposite side of a back surface of the underlining surface material facing the mounting surface; and bringing a tool in contact with a front surface on an opposite side of the back surface of the building surface material, and using the tool along the adhesive to pressure-bond the building surface material and the base material to each other (Page 7, line 38 – Page 8, line 5).
Although Hattori et al. discloses using a tool such as a hammer to apply pressure, or the hand of the installer to apply pressure, Hattori et al. do not specifically disclose a magnetic attraction jig in contact with a front surface on an opposite side of the back surface of the building surface material, and moving the magnetic attraction jig along the adhesive to attract the base material by an attraction force of the magnetic attraction jig and pressure-bond the building surface material and the base material to each other.
Chiyoda-Ku discloses a magnetic attraction jig (Fig.1) in contact with a front surface on an opposite side of the back surface of the building surface material, and moving the magnetic attraction jig along the adhesive to attract the base material by an attraction force of the magnetic attraction jig and pressure-bond the building surface material and the base material to each other (translation provided by Applicant).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used a magnetic roller to apply the outer surface material of Hattori as taught by Chiyoda-Ku so to effectively apply pressure to a building surface material without the need to use impact tools such as hammers, etc. and also to ensure more pressure can be applied to the adhesives beyond the human hands. Further, the magnet ensures a user that the pressure is being applied in the appropriate areas of the building material.
Regarding claim 3, Hattori et al. disclose a mounting method of a building surface material for mounting an underlining surface material (66) and an overlining surface material (67) which are the building surface material to a base material (63A, B) made of steel (Page 3, lines 10-11), the mounting method comprising: temporarily fixing a part of a back surface of the underlining surface material (66) to an adhesive (70) adhered to a mounting surface of the base material (front surface of studs 63A and 63B); and bringing a tool in contact with a front surface on an opposite side of the back surface of the building surface material, and using the tool along the adhesive to pressure-bond the building surface material and the base material to each other (Page 7, line 38 – Page 8, line 5); temporarily fixing a part of a back surface of the overlining surface material (67) to an adhesive (65) adhered to the front surface of the underlining surface material; and bringing a tool in contact with a front surface on an opposite side of the back surface of the building surface material, and using the tool along the adhesive to pressure-bond the building surface material and the base material to each other (Page 7, line 38 – Page 8, line 5).
Although Hattori et al. discloses using a tool such as a hammer to apply pressure, or the hand of the installer to apply pressure, Hattori et al. do not specifically disclose a magnetic attraction jig in contact with a front surface on an opposite side of the back surface of the building surface material, and moving the magnetic attraction jig along the adhesive to attract the base material by an attraction force of the magnetic attraction jig and pressure-bond the building surface material and the base material to each other.
Chiyoda-Ku discloses a magnetic attraction jig (Fig.1) in contact with a front surface on an opposite side of the back surface of the building surface material, and moving the magnetic attraction jig along the adhesive to attract the base material by an attraction force of the magnetic attraction jig and pressure-bond the building surface material and the base material to each other (translation provided by Applicant).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used a magnetic roller to apply the outer surface material of Hattori as taught by Chiyoda-Ku so to effectively apply pressure to a building surface material without the need to use impact tools such as hammers, etc. and also to ensure more pressure can be applied to the adhesives beyond the human hands. Further, the magnet ensures a user that the pressure is being applied in the appropriate areas of the building material.
Regarding claim 4, Hattori et al. disclose wherein the base material made of steel is a stud made of steel (Page 3, lines 10-11).
Regarding claim 7, wherein the building surface material is a gypsum plate or a gypsum board (Page 1, lines 2-3).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-190046 A to Hattori et al. (See Translation) in view of JP 51-039360 to Chiyoda-Ku (document and translation provided by Applicant) in view of JP 2003-147940 to Matsuyoshi (See translation).
Regarding claim 5, Hattori et al. disclose wherein the base material is steel and does not disclose further comprising: forming the base material made of steel by fixing a steel plate directly or indirectly to a base material made of a material that is not magnetically attracted.
Matsuyoshi discloses forming the base material made of steel by fixing a steel plate (6) directly or indirectly to a base material (4) made of a material that is not magnetically attracted (wood; Page 3, line 13 of Translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a steel plate to a non-metallic stud as taught by Matsuyoshi so to enable the method of Hattori et al. to be used to secure building panels to newly built wooden structures or so retrofitted building structures having wooden studs, thereby eliminating the need for screws and other fasteners which become loosened over time due to vibrations, etc.
Regarding claim 6, Matsuyoshi discloses wherein the material that is not magnetically attracted is wood (wood; Page 3, line 13 of Translation).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2019-190046 A to Hattori et al. (See Translation) in view of JP 51-039360 to Chiyoda-Ku (document and translation provided by Applicant) in view of JP 2020-139404 to Fujito et al.
Regarding claim 8, Hattori et al. disclose wherein one of the underlining surface material or the overlining surface material is a gypsum plate or a gypsum board (66, 67, both gypsum).
Hattori et al. do not disclose another one of the underlining surface material or the overlining surface material is a calcium silicate plate.
Fujito et al. disclose wherein one of the underlining surface material or the overlining surface material is a gypsum plate or a gypsum board (Page 3, line 3) and another one of the underlining surface material or the overlining surface material is a calcium silicate plate (Page 3, line 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the layered wall panel structure of Hattori et al. to have both a layer of gypsum board and a layer of calcium silicate board as taught by Fujito et al. so to increase both the moisture resistance and the fire resistance of the wall panel since calcium silicate board is known to have superior fire resistance and moisture resistance qualities.
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
Applicant argued that Hattori and Chiyoda-Ku disclose different technical fields and therefore there is no motivation for engineers to combine the teachings of the different technical fields. This is not found to be persuasive. Although Hattori teaches the areas of building construction, and Chiyoda-Ku discloses the teachings of ship building, the general linking field is construction. Both pieces of prior art discloses applying surface materials to base structural materials. Further, Hattori discloses a problem of applying pressure to a surface of building material, and Chiyoda-Ku clearly teaches a solution to the same problem. This argument is not deemed to be persuasive.
Applicant further argues that Chiyoda-Ku does not disclose the application of gypsum board and further argues that Chiyoda-Ku does not remedy the deficiency of the claim. This is not found to be persuasive. The office would argue that Chiyoda-Ku teaches exactly the deficiency of claim 1, minus the use on a gypsum sheet. Chiyoda-Ku is used to teach using a tool having a magnetic attraction to a base material in order to provide a steady force to the surface material, thereby aiding the user in providing the necessary pressure to secure the surface material using the adhesive. The arguments are not deemed to be persuasive.
Hattori teaches applying a pressure to a surface material using a plate and hammer. Further, Chiyoda-Ku teaches a means to provide even pressure since using a hammer does not evenly disperse the pressure being applied. The combination of the prior art references and their teaches provide teach each and every limitation of the claims.
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.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635