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 .
Election/Restrictions
Claims 7-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/15/2026
Applicant’s election without traverse of Group I, claims 1-6 in the reply filed on 07/15/2026 is acknowledged.
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 and 5 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 1, line 24 recites, “positioning the horizontal gate in a second upward position.” However, a first upward position has not been set forth. Consequently it is unclear what distinguished the recited “second upward position” from another position of the gate.
Claim 5, line 11 recites, “and the second harp assembly in the second lateral direction.” However, in line 5 the second harp assembly is already moving in the second lateral direction. It is unclear how the second harp moves in the same lateral direction to form the second half of a mirrored path relative to the reversing first path.
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.
Claims 1-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Caboni (U.S. Publication 2015/0196982) in view of Wan (CN 113021523). Caboni discloses a method, comprising:
receiving, at a control system (CNC) of a beam cutting system, one or more parameters indicative of a configuration for cutting a wall panel including a first path and a second path;
(Carboni teaches a CNC-controlled machining center for cutting EPS/ICF wall panels. The processing cycles and tool movements are programmable through software, and the CNC controls the cutting profiles and tool paths; see paragraphs [0013; 0091; and 0094]) the CNC hot-wire machine constitutes the claimed “beam cutting system”)
receiving, at a platform of the beam cutting system, the wall panel, where the wall panel includes a first edge and a second edge defined opposite to the first edge
(Carboni places an EPS workpiece/panel horizontally upon the base or supporting plane of the machine. The machine has a respective cross slide positioned along each longitudinal side of the panel, thereby identifying opposite first and second longitudinal edges; see paragraphs [0024] and [0091]);
aligning, by a horizontal alignment gate of the beam cutting system, the first edge of the wall panel against the horizontal alignment gate such that the wall panel is aligned in a horizontal plane; immobilizing, by a vertical alignment clamp assembly, the wall panel against the platform;
simultaneously cutting the wall panel along the first path by a first harp assembly forming a first standardized edge having a first horizontal void along the wall panel and along the second path by a second harp assembly forming a second standardized edge having a second horizontal void along the wall panel,
(Carboni teaches a cross slide located along each longitudinal side of the horizontally supported panel, that each cross slide carries a rotating two shoulder arm supporting a U-shaped wire; CNC management of those cutting device and machining systems operating sequentially or simultaneously; see paragraphs [0013[ and [0091)
Carboni teaches producing standardized ICF wall panels with complementary profiles, including tongues, checkers, recesses, and alternating empty and full portions on two sides of the panel. The CNC controlled hot wire moves along the panel length to complete the edge machining; see paragraph [0094]).
wherein the first path and the second path are mirrored relative to one another
(Carboni’s tools are positioned on opposite longitudinal sides and produce the corresponding edge profiles required to join or superimpose standardized wall panels).
and wherein a first cutting element of the first harp assembly and a second cutting element of the second harp assembly are parallel with one another.
(The hot wire cutting elements are carried by assemblies positioned along the two opposite longitudinal sides of the panel. Their parallel positioning follows from those assemblies operating along the opposite longitudinal edges)
releasing the wall panel from the vertical alignment clamp assembly;
positioning the horizontal alignment gate in a second upward position; and removing the wall panel from the platform through an exit void left by the horizontal alignment gate.
Caboni does not set forth an alignment gate nor a clamp assembly and therefore is silent as to the limitations highlighted above that disclose aligning the wall panel by a horizontal alignment gate and immobilizing and/or releasing the wall panel against the platform by a vertical alignment clamp assembly.
Wan discloses a system for cutting plastic foam plates with heating wire (17). Wan further discloses a working table (1), fixing plates (2) and a vertically repositionable baffle (9) that cooperates to position the foam panel at the desired cutting location relative to the heating wire. The baffle (9) projects through the working table to obstruct movement of the foam panel during cutting and is retractable into the working table after cutting to leave an exit passage through which the cutting panel is advanced toward the inclined plate (10). Wan also discloses a pressing mechanism (29), each carrying a circular pressure plate (31). The pressure plates contact the upper surface of the foam panel and press the foam panel against the working table during cutting, thereby immobilizing the foam panel without damaging it, and are subsequently retractable to release the foam panel. It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the CNC controlled foam panel cutting system of Caboni to include the alignment, clamping and discharge arrangement taught by Wan in order to accurately position the foam panel relative to the cutting wires, prevent movement or deformation of the foam panel during cutting and facilitate controlled removal of the panel following the cutting operation.
In regards to claim 2, the modified device of Caboni discloses positioning a plurality of vertical alignment clamps (31 Wan) of the vertical alignment clamp assembly over the wall panel, each vertical alignment clamp having a planar clamp element (31) and being operable for translation along a vertical axis (via telescopic rods 30 Wan) and along the horizontal plane; and actuating the plurality of vertical alignment clamps in a downward vertical direction along the vertical axis such that each respective planar clamp element of the plurality of vertical alignment clamps contact a first face of the wall panel (as modified by Wan).
In regards to claim 3, the modified device of Caboni discloses actuating the plurality of vertical alignment clamps (31 Wan) in an upward vertical direction (retracting the telescopic rods 30 Wan) along the vertical axis such that each respective planar clamp element of the plurality of vertical alignment clamps release the wall panel to release the wall panel (after cutting as modified by Wan)
In regards to claim 6, the modified device of Caboni discloses applying a current to a first cutting element of a first harp assembly and a second cutting element of a second harp assembly such that the first cutting element and the second cutting element reach a specified temperature (by the Joule effect; see Caboni paragraphs [0012,0013 and 0033])
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Caboni (U.S. Publication 2015/0196982) in view of Wan (CN 113021523) and in further view of Francoi (FR1014346)
In regards to claim 4 and 5, the modified device of Caboni discloses a hot wire frame movable under CNC control along vertical and horizontal axes, with opposed cross slides and hot wire assemblies on each longitudinal side of the foam panels. Caboni also discloses simultaneous operation of opposed CNC controlled hot wire assemblies and moving the cutting assemblies along vertical and horizontal axes to penetrate the panels, lateral movement in opposite directions along respective cutting paths, and revering the lateral moment, and withdrawal from the panel following completion of the cutting operation (see paragraphs [0013], [0091] and [0094]. While Caboni discloses a programmable CNC machine capable of performing the simultaneous movement of both the first and second harp assembly, Carboni does not expressly disclose programming the cutting assemblies to follow the particular mirrored curved paths recited in claims 4 and 5. Francoi discloses an insulation panel having substantially curved recesses extending along two opposed edges of the panel (Fig. 4), with such panels being suitable for connection using seals or spacers. It would have been obvious one having ordinary skill in the art to program Carboni’s independently movable opposed cutting assemblies to follow mirrored curved paths along opposing sides of the foam panel to produce Francoi’s known recessed edge configuration, thereby facilitating alignment and connection of adjacent panels using a seal or spacer. When following the mirrored curved paths necessary to form the opposed recessed shown by Francoi, the cutting assemblies would simultaneously move downwardly toward the panel, move laterally in opposed directions to form respective first portions of the recessed, reverse their respective lateral directions to form the remaining portions of the recesses, and subsequently move upwardly away from the panel, as recited in claim 4, Each curved recess necessarily includes first and second curve portions produced before and after the respective reversal in lateral movement as recited in claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA M LEE whose telephone number is (571)272-8339. The examiner can normally be reached M-F 8a.m.- 5p.m..
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/LAURA M LEE/Primary Examiner, Art Unit 3724 s
