DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/710,590.
Claims 1-25 are pending.
Claims 26-44 are cancelled.
Claims 1-25 are examined.
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 .
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 1-25 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.
Regarding claims 1, 2, and 3, the phrase "for example" renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examining purposes and in light of the specification and drawings, the limitations provided within the “for example” clause are considered optional and not required. Claims 2 and 3 also include the phrase "such as" which also renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For examining purposes, the limitations provided within the “such as” clause are considered optional. Moreover, claims 4-25 are rendered indefinite for depending upon one of claims 1-3.
Claim 2 defines “the joining element has a joining element,” which renders the claimed invention indefinite since the claim later defines “the joining body” without properly introducing such a body within the claims and thus one of ordinary skill in the art would not know whether such “a joining body” is a separate element than the joining element of the joining element or whether such a joining body refers back to the joining element of the joining element and such an element should be defined as such as it does in claim 1. For examining purposes and in light of the specification and drawings, the joining body is considered to refer back to the joining element of the joining element. Moreover, claims 4, 5, 18-21, and 25 are rendered indefinite for depending upon independent claim 2.
Claims 14, 16, and 17 define “the top side (4) and bottom side (5),” which renders the claimed invention indefinite since the top and bottom sides have been defined for the concrete slabs within claim 1, from which claims 14, 16, and 17 depend from, and not for the joining element and the reference numbers in the claim are for the upper and lower sections of the slabs and not for the top and bottom sides of the slabs and thus one of ordinary skill in the art would not know what sides of what element are being referred back to. For examining purposes and in light of the specification and drawings, the top and bottom sides of claims 14, 16, and 17 are considered to refer to the top and bottom sides of the concrete slab. Moreover, claims 15 and 22-24 are rendered indefinite for depending upon claim 14.
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) 1-11, 14-16, 18, 19, 21, 22, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grundisch (FR 2743376).
Regarding claim 1, Grundisch disclose a concrete slab construction comprising:
at least one concrete slab (#6, see figure 4 and paragraph 6 of the English translation, where Grundisch discloses that such keys C2 are to be embedded in concrete and formed in reinforced exterior and interior concrete walls, where such keys can be arranged in a concrete slab); and
at least one joining element (#C2) made of concrete (see paragraph 4 of the English translation) for joining concrete slabs and/or for fastening to a concrete slab (see figure 4),
wherein the joining element has a joining body (#12) with an upper section (the right half section of body #12 of figure 4 abutting section #13) and a lower section (the left half section of body #12 of figure 4 with the free left end), and a cross-section of the joining body between the upper section and the lower section on one side and on the opposite side each has at least one notch or bulge (the top and bottom notches of section #12 of figure 4), wherein the notch or bulge has two tapering or wedge-shaped flanks (see figures 3 and 4), wherein the two flanks form an obtuse or acute angle (the obtuse angle as depicted in figure 4) and wherein there is at least one bulge or notch along a lateral circumference of the concrete slab between a top side and a bottom side of the concrete slab (see figure 4, where such bulges of the concrete slabs extend between the right, top and left, bottom sides of the concrete, such as when the slab is rotated 90 degrees within the figure, or between the top side of the slabs extending out the page of figure 4 and the bottom side of the slabs extending into the page of figure 4 and where such bulges extend at a circumference of the slab, as depicted in figures 6 and 7 since such joining elements are to be provided at the upper and lower corners of the walls where balconies are located), wherein the notch or bulge on one side of the joining element and the bulge or notch of the concrete slab are opposite each other (see figure 4), and wherein there is a filling material (#15) in a gap between the concrete slab and the joining element (see figure 4), wherein the filling material is, for example, mortar or an adhesive (in light of the 35 U.S.C. 112(b) rejection above, such a mortar and adhesive is only an example and not positively required, where the insulation #15 of Grundisch is considered a filling material that is provided within such a gap between the elements).
Regarding claim 2, Grundisch disclose a concrete slab construction comprising:
at least one concrete slab (#6, see figure 4 and paragraph 6 of the English translation, where Grundisch discloses that such keys C2 are to be embedded in concrete and formed in reinforced exterior and interior concrete walls, where such keys can be arranged in a concrete slab); and
at least one joining element (#C2) made of concrete (see paragraph 4 of the English translation) for joining concrete slabs and/or for fastening to a concrete slab (see figure 4),
wherein the joining element has a joining element/body (#12) with an upper section (the right half section of body #12 of figure 4 abutting section #13) and a lower section (the left half section of body #12 of figure 4 with the free left end), and a cross-section of the joining body between the upper section and the lower section on one side and also on another side has at least one notch or bulge (the top and bottom notches of section #12 of figure 4), wherein the notch or bulge in particular has two wedge-shaped flanks (see figures 3 and 4, where the two surfaces come together to form a notch that is wedge shaped) tapering to a tip (the tip at the bottom of the notch), wherein the two flanks form an obtuse or acute angle (the obtuse angle as depicted in figure 4) and wherein the concrete slab has at least recess, a cross-section of the recess between a top side and a bottom side of the concrete slab on one side, and also on another side has at least one bulge or notch, wherein the bulge or notch has two edge-shaped flanks (see figure 4, where such bulges of the concrete slabs extend between the right, top and left, bottom sides of the concrete, such as when the slab is rotated 90 degrees within the figure, or between the top side of the slabs extending out the page of figure 4 and the bottom side of the slabs extending into the page of figure 4 and where such bulges extend outwardly to form a convex wedge with wedge flanks), and wherein the joining element is arranged in the recess, with the respective notch or bulge of the joining element opposing the respective bulge or notch of the recess (see figure 4), and wherein there is a filler or filling material (#15) in a gap between the recess and the joining element (see figure 4), wherein the filler or filling material is, for example, at least one fitting piece, such as a wedge, or mortar, sand or an adhesive (in light of the 35 U.S.C. 112(b) rejection above, such a mortar and adhesive is only an example and not positively required, where the insulation #15 of Grundisch is considered a filling material that is provided within such a gap between the elements).
Regarding claim 3, Grundisch disclose a concrete slab construction comprising:
at least two concrete slabs (#3 and #6, see figure 4 and paragraph 6 of the English translation, where Grundisch discloses that such keys C2 are to be embedded in concrete and formed in reinforced exterior and interior concrete walls, where such keys can be arranged in a concrete slab); and
at least one joining element (#C2) made of concrete (see paragraph 4 of the English translation) for joining concrete slabs and/or for fastening to a concrete slab (see figure 4),
wherein the joining element has a joining body (#12) with an upper section (the right half section of body #12 of figure 4 abutting section #13) and a lower section (the left half section of body #12 of figure 4 with the free left end), and a cross-section of the joining body between the upper section and the lower section on one side and on the opposite side each has at least one notch or bulge (the top and bottom notches of section #12 of figure 4), wherein the notch or bulge has two wedge-shaped flanks (see figures 3 and 4, where the two surfaces come together to form a notch that is wedge shaped) tapering to a tip (the tip at the bottom of the notch), wherein the two flanks form an obtuse or acute angle (the obtuse angle as depicted in figure 4) and wherein there is at least one bulge or notch along a lateral circumference of the concrete slabs between a top side and a bottom side of the concrete slab, wherein the bulge or notch has two wedge-shaped flanks (see figure 4, where such bulges of the concrete slabs extend between the right, top and left, bottom sides of the concrete, such as when the slab is rotated 90 degrees within the figure, or between the top side of the slabs extending out the page of figure 4 and the bottom side of the slabs extending into the page of figure 4 and where such bulges extend at a circumference of the slab, as depicted in figures 6 and 7 since such joining elements are to be provided at the upper and lower corners of the walls where balconies are located), and wherein the joining element is arranged between the two concrete slabs in a recess, with the respective notch or bulge of the joining element oppose the respective bulge or notch of the concrete slabs (see figure 4), and wherein there is a filler or filling material (#15) in a gap between the concrete slabs and the joining element (see figure 4), wherein the filler or filling material is, for example, at least one fitting piece, such as a wedge, or mortar, sand or an adhesive (in light of the 35 U.S.C. 112(b) rejection above, such a mortar and adhesive is only an example and not positively required, where the insulation #15 of Grundisch is considered a filling material that is provided within such a gap between the elements).
Regarding claim 4, Grundisch discloses the recess is at least as wide as the width of the joining element or joining body (see figure 4, where the recess is much larger than the joining element so as to allow the joining element to be able to fit therein).
Regarding claim 5, Grundisch discloses the recess runs continuously through the concrete slab or the recess only partially runs into the concrete slab (see figure 4, where the recess continuously runs through the left and right sides of the slab).
Regarding claim 6, Grundisch discloses wherein the two flanks of the notch or bulge of the joining element and the two flanks of the bulge or notch in or on the concrete slab are opposite each other (see figure 4), and wherein one flank of the bulge or notch in or on the concrete slab originates from one upper end of the concrete slab and the other flank originates from a lower side of the concrete slab and wherein these flanks of the bulge or notch form an obtuse or acute angle (see figure 4, where the right surface can be the top side of the slab and the left surface can be the lower side of the slab, such as when the figure is rotated 90 degrees, where the flanks originate from respective sides of the slab to form the bulge with an obtuse angle).
Regarding claim 7, Grundisch discloses the joining element is an integral part of a concrete slab formed at a lateral circumference of the concrete slab in one piece with the concrete slab (see figure 4 and paragraph 6 of the English translation, where the joining element can be embedded within and thus formed as one piece with the slab such that the two elements cannot be separated from one another).
Regarding claim 8, Grundisch discloses wherein at least one notch or bulge is at last partially located within the top side and the bottom side of the concrete slab (see figure 7, where a bulge is provided at upper and lower corners of the wall where a balcony can be located and where a key is to be located).
Regarding claim 9, Grundisch discloses a cross-section of the joining element between a top side and a bottom side is hourglass-shaped (see figure 4, where the lower end of the joining element is hourglass shaped, where 1 of Grundisch also depicts the entire joining element can be hourglass shaped).
Regarding claim 10, Grundisch discloses the notch or bulge of the joining element on one side and the notch or bulge on the opposite side of the joining element are uniform (see figure 4).
Regarding claim 11, Grundisch discloses the notch or bulge of the joining element has an upper flank and a lower flank (the upper, right flank and the lower, left flank of figure 4 meet to the form the notch).
Regarding claim 14, Grundisch discloses the joining element has an extension (#13) at the upper section or at the top side and/or at the lower section or at the bottom side (see figure 4, where the extension #13 extends from the top, right side of the upper section of element #12), wherein the extension is formed as a coupling element with another component (#11).
Regarding claim 15, Grundisch discloses a further joining body (#11) is arranged at the extension and the further joining body and the extension are formed together in one piece (see figure 4).
Regarding claim 16, Grundisch discloses wherein the joining element between the upper section or the top side and the lower section or the bottom side on at least one side has at least one further notch or at least one further bulge (the upper section can be considered to comprise of a notch in order to from section #13 with a smaller thickness and width thereof).
Regarding claim 18, Grundisch discloses a connecting element (#4) is arranged at or in the top side and/or the bottom side of the concrete slab(s) (see figure 4, where the connecting element can be considered element #4 provided on the concrete slab #3), wherein the connecting element is connected to the concrete slab or the two concrete slabs and wherein the connecting element is particularly suitable for absorbing tensile forces (Applicant does not disclose the value of tensile forces which the connecting element is configured to receive, where the insulating material of the connecting element #4 is configured to absorb tensile forces to a certain extent).
Regarding claim 19, Grundisch discloses several joining elements are arranged along a straight line at intervals in the concrete slab or between the concrete slabs (see figure 7, where the joining elements C1/C2 can be applied along a vertical line at intervals relative to one another).
Regarding claim 21 Grundisch discloses joining bodies both with and without extension are arranged in the concrete slab or between the concrete slabs (see figure 6, where bodies with extensions C2 and bodies without extensions C1 can be used in the same assembly).
Regarding claim 22, Grundisch discloses the joining element is located between two spaced apart stacked concrete slabs wherein the two concrete slabs are connected to each other or supported on each other by means of the joining element (figures 4 and 6 depict the concrete slabs are vertically extending so as to be vertically stacked next to one another so that the joining element C2 connects the slabs to one another).
Regarding claim 25, Grundisch discloses the concrete slab construction is a concrete slab element or a concrete slab comprising several concrete slab elements or a bridge element or a concrete bridge element comprising several bridge elements (the concrete slab wall #3/6 is a concrete slab).
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) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Grundisch.
Regarding claim 12, Grundisch discloses the claimed invention except specifically for a height of the joining element between the upper section and the lower section or between the top side and the bottom side is in a range from 2 cm to 10 cm and/or wherein a width of the joining element between one side of the opposite side is in a range from 2 cm to 10 cm. The abstract discloses the outer wall can be formed of brick that is 3 cm thick, where the upper and lower sections of the joining element is to sit generally flush within the thickness of such a wall but the thickness of the insulating material #15 is not disclosed and thus does not specifically disclose the height of such portion of the joining elements. Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). One of ordinary skill in the art can use such a system of Grundisch on different sized walls and increase the height or width of such a joining element in order to provide the appropriate strength needed to support such elements to one another and to accommodate walls of different thicknesses. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the height and/or width of the joining element of Grundisch to fall within the ranges as defined in order to scale the joining element for larger builds and for strength purposes, where the joining elements would perform the same function regardless of size. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Grundisch in view of Janopaul (U.S. Patent 6,148,576).
Regarding claim 13, Grundisch discloses the claimed invention except for the length of the joining element lies in a range from 5 cm to 20 m. However, it is highly well known in the art, as evidenced by Janopaul, that the spacing between inner #11a and outer #21a walls can be 2.5 inches or greater depending upon the desired thermal resistance between such walls as needed. See figure 8 and col. 3, ll. 40-45. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the length of the joining element of Grundisch to be between 5 cm and 20 m, such as 2.5 inches or greater as taught in Janopaul, in order to provide a thermal resistance to the wall as needed by the end user and as required by building code by spacing the walls from one another for an appropriate amount of insulation as needed and also since where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Grundisch in view of Liu et al. (CN 113250359).
Regarding claim 17, Grundisch discloses such joining elements are reinforced, as taught in the English translation of the abstract, except for such reinforcement is essentially perpendicular to the top side and bottom side. It is highly well known in the art, as evidenced by Liu et al., that such reinforcement #2 of concrete keys can form rectangular formations with at least one segment that extends perpendicular to the horizontal plane of the top and bottom sides of the concrete slabs #1 used to connect with the keys. See figures 6 and 7. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the joining elements of Grundisch to comprise of reinforcements running perpendicular to the top and bottom sides of the concrete slabs, as taught in Liu et al., in order to strengthen such a joining element and connection between such slabs.
Claim(s) 20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Grundisch in view of Sievert (U.S. Patent 5,294,216).
Regarding claim 20, Grundisch discloses the claimed invention including several joining elements are arranged in the wall as depicted in figures 6, 7, and 10, except for the concrete slab comprises a serpentine line composed of curved sections or a zigzag line composed of straight sections. However, it is highly well known in the art, as evidenced by Sievert, that walls constructed from concrete and steel or concrete blocks (see col. 1, ll. 31-40) can be constructed so as to form a flat vertical wall, as depicted in figure 8, or can be constructed so as to form a serpentine wall, as depicted in figure 7. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the outer and inner wall slabs of Grundisch so as to comprise of curved, serpentine walls, as taught in Sievert, in order to get the aesthetics as needed by the end user, where it has been held that changing the shape of an object is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed slabs was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 23, Grundisch discloses the two vertically stacked concrete slabs horizontally staggered from one another so as to fit an insulation and air gap therebetween, but does not specifically disclose the “two stacked concrete slabs are staggered against each other” as presently defined. It appears that the serpentine/zigzag line between the concrete slabs of the present application allows for such staggering of the slabs so that the interfitting of the convex and concave of such slabs allows for a “staggered against each other” arrangement even when a gap with filling material extends between such elements. It is highly well known in the art, as evidenced by Sievert, that walls constructed from concrete and steel or concrete blocks (see col. 1, ll. 31-40) can be constructed so as to form a flat vertical wall, as depicted in figure 8, or can be constructed so as to form a serpentine wall, as depicted in figure 7. Therefore, it would have been obvious before the effective filing date of the claimed invention to have constructed the outer and inner wall slabs of Grundisch so as to comprise of curved, serpentine walls, as taught in Sievert, in order to get the aesthetics as needed by the end user, where it has been held that changing the shape of an object is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed slabs was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Such a serpentine arrangement of the walls of Grundisch in view of Sievert would thus comprise of staggered against each other slabs due to the serpentine engagement of such outer and inner walls with one another.
Allowable Subject Matter
Claim 24 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635