DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 01/15/2026 has been acknowledged. Claims 1-23 are now pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Group V (claims 16-23) in the reply filed on 01/15/2026 is acknowledged.
2. Claims 1-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Groups I-IV. Election was made without traverse in the reply filed on 01/15/2026.
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) 17-19, 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 claims 17 and 18, at lines 2-3, the recitation “ensure(d)” renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. For the purpose of this office action, it is best understood that the claim recitation is understood to mean –provide(d)--.
Regarding claim 21, at line 3, the recitation “a gypsum board base paper” renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the same previously recited limitation “a paper covering”. Are they separate elements or referring to the same? For the purpose of this office action, it is best understood that the claim recitations refer to the same element.
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) 16-23, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Sudo et al. (WO 2019203148 A1) with Espacenet translation, in view of Riley et al. (U.S. Patent No. 3,903,897), and in view of Leclercq (AU 2017219210 B2).
Regarding claim 16, Sudo et al. teaches a gypsum-based load-bearing board (paragraph 29) fastened, by a fastener, to a wooden wall base (paragraph 31) capable of being used in a wooden framework construction method or in a wooden framework wall construction method, the gypsum-based load-bearing board comprising: a main material or a core material (10) formed from a board-shaped hardened gypsum (paragraph 29); and a paper covering (paragraph 29) at least front and back surfaces the main material or the core material (figure 2B), wherein the gypsum-based load-bearing board has a surface density or a surface weight (it is understood the gypsum-based load-bearing board has a surface density or a surface weight would inherently have a surface density or a surface weight), specified as a mass per unit area of a wall surface, in a range from 6.5 kg/m2 to 8.9 kg/m2 (1.82m Length x 1.79m Height x 9.5mm Thickness x 0.79 Specific Gravity = 7.51 kg/m2; paragraphs 29 and 47), wherein the main material or the core material contains an inorganic fiber (glass fiber; paragraph 29), and wherein the gypsum-based load-bearing board has a correction value (Pu') (paragraph 56) of an ultimate strength (Pu) of 7.7 kN or more (figure 10), the correction value (Pu') of the ultimate strength (Pu) being measured by an in-plane shear test (paragraph 49) using a test piece of a wooden load-bearing wall that is formed by fastening the gypsum-based load-bearing board to a wooden wall base (figure 8), the test piece having a wall length of 1.82 m (paragraph 47).
Sudo et al. does not specifically disclose a lateral nail resistance of 500 N or more; and the main material or the core material contains an organic-based strength enhancer.
Riley et al. discloses a fiber reinforced composite (abstract) including a lateral nail resistance of 500 N or more (120lb.ft = 534N; col. 6, lines 25-30); and the main material or the core material contains an organic-based strength enhancer (cellulose; col. 1, lines 65-70).
Therefore, from the teaching of Riley et al., 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 gypsum board assembly of Sudo et al. to include a lateral nail resistance of 500 N or more; and the main material or the core material contains an organic-based strength enhancer, as taught by Riley et al., in order to provide for a reinforced and strengthened wall assembly and prevent unintended dislocation of the gypsum panels due to outside forces on a building structure.
In addition, Sudo et al. does not specifically disclose a compressive strength of 6.5 N/mm2 or more.
Leclercq discloses a gypsum board (abstract) including a compressive strength of 6.5 N/mm2 or more (col. 3, lines 1-5).
Therefore, from the teaching of Leclercq, 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 gypsum board assembly of Sudo et al. to include a compressive strength of 6.5 N/mm2 or more, as taught by Leclercq, in order to provide improved water resistance properties to the wallboard material in order to prevent weakening in damp or humid environments by optimizing water repellant properties thereof.
Regarding claim 17, Leclercq in the combination discloses the gypsum-based load-bearing board has the compressive strength of 6.5 N/mm2 or more to ensure an initial stiffness (K) of the gypsum-based load-bearing board 2.0 kN/103 rad or more as measured by the in-plane shear test. Since all of the structural elements and properties are taught in the combination, it is understood that the gypsum-based load-bearing board having the compressive strength of 6.5 N/mm2 or more would ensure an initial stiffness (K) of the gypsum-based load-bearing board 2.0 kN/10-3 rad or more as measured by the in-plane shear test.
Regarding claim 18, Sudo et al. as modified discloses at least one of physical properties of the wooden load-bearing wall measured by the in-plane shear test is ensured by a setting of the surface density or the surface weight and of the lateral nail resistance and by a formulation of the inorganic fiber and the organic-based strength enhancer (as taught by Sudo et al. in view of Riley et al. above), and the physical properties include: (6) the compressive strength that is 7.5 N/mm2 or more (as taught by Leclercq; col. 3, lines 1-5).
Regarding claim 19, Sudo et al. teaches the wooden load-bearing wall has at least one of the physical properties including: the correction value (Pu') of the ultimate strength (Pu) is 8.0 kN or more (figure 10).
Regarding claim 20, Sudo et al. teaches the gypsum-based load-bearing board has a board thickness of less than 12 mm, a specific gravity of 0.96 or less, or both (9.5mm Thickness x 0.79 Specific Gravity; paragraph 49).
Regarding claim 21, Sudo et al. teaches the gypsum-based load-bearing board has a laminated structure (figure 2B) in which a surface or a surface layer of the core material is covered with a gypsum board base paper (paragraph 29).
Regarding claim 22, Sudo et al. does not specifically disclose the main material or the core material of the gypsum-based load-bearing board contains an organopolysiloxane compound as a load-bearing strength deterioration inhibitor to prevent deterioration in load-bearing strength.
Leclercq discloses a gypsum board (abstract) wherein the main material or the core material of the gypsum-based load-bearing board contains an organopolysiloxane compound (col. 18, lines 7-10) as a load-bearing strength deterioration inhibitor to prevent deterioration in load-bearing strength (it is understood that the water repelling properties of organopolysiloxane would function as a load-bearing strength deterioration inhibitor to prevent deterioration in load-bearing strength).
Therefore, from the teaching of Leclercq, 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 gypsum board assembly of Sudo et al. such that the main material or the core material of the gypsum-based load-bearing board contains an organopolysiloxane compound as a load-bearing strength deterioration inhibitor to prevent deterioration in load-bearing strength, as taught by Leclercq, in order to provide improved water resistance properties to the wallboard material in order to prevent weakening in damp or humid environments by optimizing water repellant properties thereof.
Regarding claim 23, Riley et al. in the combination discloses the gypsum-based load-bearing board has the lateral nail resistance of 980 N or less (120lb.ft = 534N; col. 6, lines 25-30).
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 gypsum based wall board 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