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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “foot of the façade panel” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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.
Claims 9,13,15,16 and all claims depending therefrom are 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 9 recites “wherein the at least one second façade panel is supported solely by the second slab or the at least one second façade panel is supported solely by the at least one first façade pane”. It is unclear what is encompassed by the phrase “supported solely by”. The specification provides the same terminology however the specification further describes and the drawings show that each façade panel includes a connector connecting the façade panel to a respective slab, and where at least the lowermost façade panel is supported on an upper surface of the slab, which would ultimately support second façade panel via the first façade panel. Therefore applicants disclosure and drawings appear to indicate that additional structures provide support to the façade panels in each embodiment causing confusion regarding the claimed phrase “supported solely by” as it is unclear how the façade panel is only supported by either the second slap or the first face panel.
Claims 9,15,16 recites “each façade panel is mounted supported by at least 75% of a length of a foot of the façade panel”, it is unclear what is meant by “a foot of the façade panel” causing confusion regarding the scope of the claimed invention.
Claim 13 recites “wherein the façade panels of the plurality of façade panels are made from a mixture of wood elements and cement and/or lime”, it is unclear if this is the same as or in addition to the material recitations in lines 8-12 of claim 9 causing confusion regarding the scope of the claimed invention.
Claims 15,16 recite “placing a foot” it is unclear what is meant by “a foot” causing confusion regarding the scope of the claimed invention.
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.
Claim(s) 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Speck (20100050547) in view of FR3125527 (see also US20240351241 for English translation).
Claim 9. Speck discloses construction comprising:
- a supporting structure made from concrete reinforced by metal rods, the supporting structure having at least a first level comprising a first slab and first posts and a second level comprising a second slab and second posts and a third slab (paragraph 0002 and as seen in the figures);
- a plurality of facade panels (40/42 in the embodiment of figure 3 and 40 which includes 50,52,64,68 in the embodiment of figures 4-6; and as noted at least at paragraphs 0047,0050-0052) fixed to the supporting structure to form at least a part of a facade of the construction, the plurality of facade panels having at least one first facade panel mounted under at least one second facade panel (as seen in the figures and noted in the disclosure);
wherein each facade panel is mounted supported by at least 75% of a length of a foot of the facade panel (as noted in the figures at least at figure 3 where it is supported by all of the length foot, and the embodiment of figures 4-6 where all of the length of the foot is supported);
wherein the at least one first facade panel is mounted movable at least with respect to the second slab in a vertical direction with a vertical functional clearance to adjust a difference of thermal expansion between the supporting structure and the at least one first facade panel (as noted at paragraph 0041, 0046,0061),
wherein the at least one second facade panel is mounted movable at least with respect to the third slab with a vertical functional clearance to adjust a difference of thermal expansion between the supporting structure and the at least one second facade panel (as noted at paragraph 0041, 0046,0061); and
wherein the at least one second facade panel is supported solely by the second slab (as in the embodiment of figure 3) or the at least one second facade panel is supported solely by the at least one first facade pane (as in the embodiment of figures 4-6).
Speck does not expressly disclose wherein each facade panel is made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture comprising at least 50% by volume of organic plant-derived elements, the curable material being a mortar and the organic plant-derived elements being wood particles, the mixture in the cured state having a density of less than 1000kg/m3 and a compressive strength comprised between 2 and 6MPa; however Speck does disclose that the panels may be composite panel (paragraph 0047).
FR3125527 discloses a panel that may be used as a façade panel wherein each facade panel is made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture comprising at least 50% by volume of organic plant-derived elements (The aggregates comprise a bio-based granulate, the bio-based granulate preferably being selected from wood, preferably chips or fibres, hemp, straw, hemp hurd, miscanthus, sunflower, typha, corn, flax, rice hulls, wheat bales, rapeseed, algae, bamboo, cellulose wadding, defibrated tissue and their combination. In particular, the aggregates are predominantly, by weight, plant aggregates. For example, the aggregates are composed at more than 60% by weight of plant aggregates.), the curable material being a mortar (cement or clay) and the organic plant-derived elements being wood particles (the bio-based granulate preferably being selected from wood, preferably chips or fibres), the mixture in the cured state having a density of less than 1000kg/m3 (where it is disclosed to be less than 1800kg/m3 which includes less than 1000kg/m3) and a compressive strength comprised between 2 and 6MPa (When the aggregates are plant aggregates, it is preferably greater than 0.5 MPa, and more preferably greater than 1 MPa.; which includes the compressive strength values 2-6MPa).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the panel of Speck to be the composite facade panel made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture comprising at least 50% by volume of organic plant-derived elements, the curable material being a mortar and the organic plant-derived elements being wood particles, the mixture in the cured state having a density of less than 1000kg/m3 and a compressive strength comprised between 2 and 6MPa as taught by FR3125527 to achieve the predictable result of a façade panel that is lightweight with sufficient structural and compressive strength and reduces emissions.
Claim 10. Construction according to claim 9, wherein the at least one second facade panel is supported solely by the second slab (as seen in the embodiment of figure 3) and the at least one second facade panel is separated from the at least one first facade panel by a sealing part (68,66 as noted at paragraph 0052) configured to perform waterproofing.
Claim 11. Construction according to claim 9, wherein the at least one second facade panel is supported solely by the at least one first facade panel (as in the embodiment of figures 4-6) and wherein the at least one first facade panel has a recess (paragraph at 64) designed to receive one end of the second slab, the recess being located in a top part of the at least a first facade panel and being separated from the second slab by a resiliently deformable layer (at 66 and/or 58 and/or 60; paragraph 0050-0052).
Claim 12. Construction according to claim 11, wherein the recess extends over the whole length of the at least one first facade panel and wherein the length of the first slab is greater than the length of the at least one first facade panel (as seen in figure 6 where the slab extends beyond adjacent façade panels).
Claim 13. Construction according to claim 9, wherein the plurality of facade panels are fixed to the supporting structure by means of a plurality of connectors (44 in the embodiment of figure 3 or 74/76 in the embodiment of figures 4-6), wherein the facade panels of the plurality of facade panels are made from a mixture of wood elements and cement and/or lime (as note din claim 9 above, where the panels also include 68), and wherein connectors are fixed directly in the facade panels of the plurality of facade panels by screw-fastening (as noted in paragraph 0061 where 68 is attached to the connectors via screws).
Claim 14. Speck discloses construction according to claim 13, as above but does not expressly disclose wherein the at least one second facade panel is fixed to the at least one first facade panel by an adhesive mortar. Instead Speck discloses gasketed seals. However Speck also discloses that adhesive mortar such as caulking 18//18’ is known in the art. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the construction of Speck to include caulk, as known in the prior art, to achieve the predictable result of providing additional waterproofing and protection for the gaskets from wear and tear and to create a seamless aesthetic between panels.
Claim 15. Speck discloses Method for producing a construction comprising the following successive steps:
- providing a first slab of a first level of a supporting structure made from concrete reinforced by metal rods (as noted in claim 1 above);
- placing a foot of at least one first facade panel on the first slab (as noted in claim 1 above);
- adjusting the plumbness of the first facade panel (paragraph 0083) and fixing the first facade panel on the first slab by means of a plurality of connectors (as noted in claim 1 above and as seen in figures 3-6 and noted throughout the disclosure);
- forming a second slab of a second level of the supporting structure above the first level, the second slab being made from concrete reinforced by metal rods, the second slab being mounted fixedly on the first slab by means of first posts (as noted in claim 1 above), the at least one first facade panel being fixed to the second slab and mounted movable vertically with respect to the second slab (as noted in claim 1 above);
- placing a foot of at least one second facade panel on the top of the at least one first facade panel (as noted in claim 1 above);
- adjusting the plumbness of the second facade panel (paragraph 0083) and fixing the second facade panel on the second slab by means of a plurality of connectors (as noted in claim 1 and as seen in figures 3-6 and throughout the disclosure);
- forming a third slab of a third level of the supporting structure above the second level, the third slab being made from concrete reinforced by metal rods, the third slab being mounted fixedly on the second slab by means of second posts (as noted in claim 1 above), the at least one second facade panel being fixed to the third slab and mounted movable vertically with respect to the third slab (as noted in claim 1 above),
and wherein each facade panel is mounted supported by at least 75% of the length of the foot of the facade panel (as noted in claim 1 above).
Speck does not expressly disclose method wherein each facade panel is made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture in the cured state having a density of less than 1000kg/m3 and a compressive strength comprised between 2 and 6Mpa, but does disclose that they may be made of a composite panel (paragraphs 0047).
FR3125527 discloses a panel that may be used as a façade panel wherein each facade panel is made from a mixture containing a curable material in which organic plant-derived elements are embedded (The aggregates comprise a bio-based granulate, the bio-based granulate preferably being selected from wood, preferably chips or fibres, hemp, straw, hemp hurd, miscanthus, sunflower, typha, corn, flax, rice hulls, wheat bales, rapeseed, algae, bamboo, cellulose wadding, defibrated tissue and their combination. In particular, the aggregates are predominantly, by weight, plant aggregates. For example, the aggregates are composed at more than 60% by weight of plant aggregates.), the mixture in the cured state having a density of less than 1000kg/m3 (where it is disclosed to be less than 1800kg/m3 which includes less than 1000kg/m3) and a compressive strength comprised between 2 and 6MPa (When the aggregates are plant aggregates, it is preferably greater than 0.5 MPa, and more preferably greater than 1 MPa.; which includes the compressive strength values 2-6MPa).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the panel of Speck to be the composite facade panel facade made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture in the cured state having a density of less than 1000kg/m3 and a compressive strength comprised between 2 and 6MPa as taught by FR3125527 to achieve the predictable result of a façade panel that is lightweight with sufficient structural and compressive strength and reduces emissions.
Claim 16. Speck discloses method for producing a construction comprising the following successive steps:
- providing a supporting structure made from concrete reinforced by metal rods provided with at least a first slab and first posts of a first level and a second slab and second posts of a second level arranged above the first level, and a third slab of a third level arranged above the second level (as noted in claim 1 above and seen in the figures and disclosure of Speck);
- placing a foot of at least one first facade panel on the first slab (as seen in the figures 3-6);
- adjusting the plumbness of the at least one first facade panel paragraph 0083) and fixing the at least one first facade panel on the first slab by means of a plurality of connectors (as noted in claim 1 above and seen in figures 3-6 and throughout the disclosure);
- placing a foot of at least one second facade panel on the second slab (as note din figures 3-6);
- adjusting the plumbness of the at least one second facade panel (paragraph 0083) and fixing the at least one second facade panel on the second slab by means of a plurality of connectors (as noted in claim 1 above and seen in figures 3-6 and throughout the disclosure);
wherein the at least one first facade panel is mounted movable at least with respect to the second slab in a vertical direction with a vertical functional clearance to adjust a difference of thermal expansion between the supporting structure and the at least one first facade panel (as noted in claim 1 above and seen in figures 3-6 and throughout the disclosure),
wherein the at least one second facade panel is mounted movable at least with respect to the third slab with a vertical functional clearance to adjust a difference of thermal expansion between the supporting structure and the at least one second facade panel (as noted in claim 1 above and seen in figures 3-6 and throughout the disclosure), and wherein each facade panel is mounted supported by at least 75% of the length of the foot of the facade panel (as noted in claim 1 above and seen in figures 3-6 and throughout the disclosure).
Speck does not expressly disclose method wherein each facade panel is made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture comprising at least 50% by volume of organic plant-derived elements, the curable material being a mortar, the organic plant-derived elements being wood particles, the mixture in the cured state having a density of less than 1000kg/m3 and a compressive strength comprised between 2 and 6MPa, but does disclose that the façade panels may be composite panels (paragraph 0047).
FR3125527 discloses a panel that may be used as a façade panel wherein each facade panel is made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture comprising at least 50% by volume of organic plant-derived elements (The aggregates comprise a bio-based granulate, the bio-based granulate preferably being selected from wood, preferably chips or fibres, hemp, straw, hemp hurd, miscanthus, sunflower, typha, corn, flax, rice hulls, wheat bales, rapeseed, algae, bamboo, cellulose wadding, defibrated tissue and their combination. In particular, the aggregates are predominantly, by weight, plant aggregates. For example, the aggregates are composed at more than 60% by weight of plant aggregates.), the curable material being a mortar (cement or clay) and the organic plant-derived elements being wood particles (the bio-based granulate preferably being selected from wood, preferably chips or fibres), the mixture in the cured state having a density of less than 1000kg/m3 (where it is disclosed to be less than 1800kg/m3 which includes less than 1000kg/m3) and a compressive strength comprised between 2 and 6MPa (When the aggregates are plant aggregates, it is preferably greater than 0.5 MPa, and more preferably greater than 1 MPa.; which includes the compressive strength values 2-6MPa).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the panel of Speck to be the composite facade panel made from a mixture containing a curable material in which organic plant-derived elements are embedded, the mixture comprising at least 50% by volume of organic plant-derived elements, the curable material being a mortar and the organic plant-derived elements being wood particles, the mixture in the cured state having a density of less than 1000kg/m3 and a compressive strength comprised between 2 and 6MPa as taught by FR3125527 to achieve the predictable result of a façade panel that is lightweight with sufficient structural and compressive strength and reduces emissions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635