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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ochi, U.S. Patent Application Publication 2017/0370096.
Regarding claim 1, Ochi discloses an exterior insulation structure comprising: multiple vertical frames (comprised of 81) arranged at intervals; an outer board (62) provided on outer surfaces of the vertical frames; an outer thermal insulating material (72) provided on an outer surface of the outer board; and an outer wall panel (2) provided on the vertical frame with at least one support member (82) between the outer wall panel and the vertical frame, wherein the support member is fixed to the vertical frame with the outer board between the support member and the vertical frame (see Fig. 1), and the outer wall panel is fixed to the support member with a support bracket (10).
Regarding claim 2, Ochi discloses an exterior insulation structure further comprising: an inner board (61) provided on inner surfaces of the vertical frames; and an inner thermal insulating material (71) provided between the inner board and the outer board.
Regarding claim 3, Ochi discloses an exterior insulation structure wherein the support member extends along the vertical frame (see Fig. 1).
Regarding claim 4, Ochi discloses an exterior insulation structure wherein the support member is fixed along the vertical frame with the outer board between the support member and the vertical frame, and the outer thermal insulating material is disposed between the support members which are disposed at intervals (see Fig. 1).
Regarding claim 5, Ochi discloses an exterior insulation structure wherein the outer thermal insulating material is provided so as to be in contact with the outer board, and the support member is fixed to the vertical frame with the outer board and the outer thermal insulating material between the support member and vertical frame (see Fig. 1). The phrase “provided so as to be in contact with the outer board” is a statement of intended use of the claimed invention and must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. As the components comprise adjacent planar surfaces they are capable of being in contact with one another.
Regarding claim 6, Ochi discloses an exterior insulation structure wherein the support member is provided on each of the vertical frames (see Fig. 5), and the outer wall panel is disposed so as to extend over the support members disposed at intervals, and is supported by the support brackets respectively provided on the support members (see Fig. 1, generally).
Regarding claim 7, Ochi discloses a building comprising the outer wall structure of claim 1 (title).
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633