DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Preliminary amendment received on 04/25/2024 has been acknowledged. Claim(s) 3, 6-10, 12-14, and 16 have been amended. Claims 1-16 are now pending and have been considered below.
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) 1-16, 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 1, 2, and 15, at lines 2 and 4, the recitation “its” renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired – it is unclear as to what “its” is referring to.
Regarding claim 2, at lines 4 and 5, the recitation “both side edges located on both sides” renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired – it is unclear as to where the side edges are and what both sides are referring to, thus lacking proper antecedent basis.
Regarding claim 9, at line 2, the recitation “a lower surface is also inclined” renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired – it is unclear as to what the term “also” is including.
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) 1-3, 6, 8-10, and 14, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henderson (U.S. Patent No. 2,691,291).
Regarding claim 1, Henderson teaches a roof panel of precast concrete (4; precast concrete; title) for a roof of a three-dimensional structure (figure 1), comprising on its upper surface an inclined main portion that is inclined downward toward an edge (figure 1).
Regarding claim 2, Henderson teaches the upper surface has a rectangular shape in a planar view (figure 1), and includes, in its center in a longitudinal direction, a ridge line (arbitrary ridge peak line of 4) that extends in a short direction (direction of the arbitrary line), and the inclined main portion is inclined downward from the ridge line toward both side edges located on both sides in the longitudinal direction (figure 1).
Regarding claim 3, Henderson teaches the inclined main portion is inclined downward to an edge portion of the upper surface (figure 1), and the edge portion includes a groove (5) formed along a lower end edge of the inclined main portion (figure 1).
Regarding claim 6, Henderson teaches the upper surface includes a standing wall (vertical wall at 5) that stands upward along the edge (figure 1).
Regarding claim 8, Henderson teaches a lower surface is horizontal (horizontal surface at 5; figure 1).
Regarding claim 9, Henderson teaches a lower surface (bottom surface of roof) is inclined downward toward the edge along the inclined main portion on the upper surface (figure 1).
Regarding claim 10, Henderson teaches a roof composed of a plurality of the roof panels according to claim 1 arranged in parallel (figure 5), wherein adjacent two of the roof panels are arranged with a gap therebetween (it is understood that there is a gap between adjacent two of the roof panels, at end wall 12; figure 5).
Regarding claim 14, Henderson teaches a three-dimensional structure comprising the roof according to claim 10 (figures 1 and 5), wherein the roof is supported by a plurality of precast concrete side wall panels (side walls 2).
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, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson (U.S. Patent No. 2,691,291).
Regarding claim 16, the figure 1 embodiment of Henderson does not specifically disclose the three-dimensional structure placed on a concrete foundation. However, the figure 14 embodiment discloses the three-dimensional structure placed on a concrete foundation (70). Therefore, 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 figure 1 embodiment to include a concrete foundation as taught by the figure 17 embodiment in order to provide a more stable footing for enhanced stability, depending on the soil mechanics at a particular installation site.
Claim(s) 4, 5, and 13, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson (U.S. Patent No. 2,691,291) in view of Hauraton (DE 202008006459) with Espacenet translation.
Regarding claim 4, Henderson does not specifically disclose the groove includes a drain hole that penetrates vertically.
Hauraton discloses a gutter (abstract) wherein the groove includes a drain hole (bottom vertical channel [not labeled]) that penetrates vertically (figure 1).
Therefore, from the teaching of Hauraton, 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 precast concrete building assembly of Henderson to include a drain hole that penetrates vertically, as taught by Hauraton, in order to further direct drainage to a particular storm drain, in order to optimize drainage distribution.
Regarding claim 5, Hauraton in the combination discloses the groove has a bottom surface that is inclined downward toward the drain hole (figure 1).
Regarding claim 13, Henderson teaches the inclined main portion is inclined downward to an edge portion of the upper surface (figure 1), the edge portion includes a groove (5) formed along a lower end edge of the inclined main portion (figure 1), and the two adjacent roof panels (figure 5), and the grooves of these two roof panels communicate with each other (figure 5).
Henderson does not specifically disclose a waterproof tape is provided to straddle end parts of the grooves.
Hauraton discloses a gutter (abstract) including a waterproof tape (11/14) is provided to straddle end parts of the grooves (figure 7).
Therefore, from the teaching of Hauraton, 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 precast concrete building assembly of Henderson to include a waterproof tape is provided to straddle end parts of the grooves, as taught by Hauraton, in order to further prevent leakage between adjacent roof panels, to optimize drain flow and prevent unintentional deterioration of the building.
Claim(s) 7 and 15, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson (U.S. Patent No. 2,691,291) in view of McClellan (U.S. Patent No. 6,058,672).
Regarding claim 7, Henderson does not specifically disclose a threaded fastener is embedded to be exposed on a lower surface.
McClellan discloses a roof and wall construction (abstract) wherein a threaded fastener (8) is embedded to be exposed on a lower surface (figure 3).
Therefore, from the teaching of McClellan, 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 precast concrete building assembly of Henderson to include a threaded fastener is embedded to be exposed on a lower surface, as taught by McClellan, in order to provide a modular assembly that can be secured together to facilitate assembly, and in order to reduce the size and weight of shipped building members.
Regarding claim 15, Henderson does not specifically disclose a box-shaped fastening aid is embedded in an upper end surface of the side wall panel with an interior space exposed, and the fastening aid includes on its upper surface a through hole that penetrates vertically.
McClellan discloses a roof and wall construction (abstract) including a box-shaped fastening aid (3) is embedded in an upper end surface of the side wall panel with an interior space exposed (figure 11), and the fastening aid includes on its upper surface a through hole that penetrates vertically (hole through which bolt 4 extends, best shown in figure 3).
Therefore, from the teaching of McClellan, 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 precast concrete building assembly of Henderson to include a box-shaped fastening aid is embedded in an upper end surface of the side wall panel with an interior space exposed, and the fastening aid includes on its upper surface a through hole that penetrates vertically, as taught by McClellan, in order to provide a modular assembly that can be secured together to facilitate assembly, and in order to reduce the size and weight of shipped building members.
Claim(s) 11 and 12, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Henderson (U.S. Patent No. 2,691,291) in view of Stamicarbon (NL 7,901,624) with Espacenet translation.
Regarding claim 11, Henderson does not specifically disclose a cover member is provided to straddle upper surfaces of edge portions of the two adjacent roof panels, the cover member extending along the respective edge portions.
Stamicarbon discloses a roofing assembly (figure 4) wherein a cover member (13) is provided to straddle upper surfaces of edge portions of the two adjacent roof panels (figure 4), the cover member extending along the respective edge portions (figure 4).
Therefore, from the teaching of Stamicarbon, 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 precast concrete building assembly of Henderson to include a cover member is provided to straddle upper surfaces of edge portions of the two adjacent roof panels, the cover member extending along the respective edge portions, as taught by Stamicarbon, in order to further secure adjacent roofing assemblies together and prevent precipitation from leaking between the connections of adjacent joints thereof.
Regarding claim 12, Stamicarbon in the combination discloses the upper surface includes a standing wall (6) that stands upward along the edge (figure 4), and the cover member is provided to straddle the standing walls (figure 4).
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 precast roof panels 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