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 Objections
Claim 7 is objected to because “The article of manufacture of claim 1, wherein the FRP corner connector and the FRP C-channel structural component are part of a panelized wall assembly” should be --A panelized wall assembly comprising the article of manufacture of claim 1--.
Claim 8 is objected to because “FRP infill material or a non-FRP infill material” should be --infill material--, as infill material that is either FRP infill material or non-FRP infill material is just infill material.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “19” has been used to designate “main gasket”, “main seal gaskets”, “flexible waterproofing material”, “high-performance fire-resistant flexible rubber gasket”, and “gaskets”. 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. 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 4-6, 12-14, and 17 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 4 recites the main gasket and alignment spline raceway and the at least one secondary gasket connection raceway “configure a flexible waterproofing material” to provide the dry seal, which is confusing. How do these elements put together (configure) a dry seal material, as a “material” is a matter from which a thing is made. For example, the specification discloses the seal is an EPDM rubber material.
Claim 5 recites a “main seal alignment spline inserted in the main gasket and alignment spline raceway”, which is confusing. While it is understood the claimed main seal alignment spline is likely element 5 fitting in the article alignment spline raceway 7, it is unclear how the main seal alignment spline is inserted in the main gasket. Element 5 appears to be only inserted in element 7. In fact, it appears to be “main gasket 19” that is itself inserted in main seal alignment spline 5.
Claim 12 recites “a main gasket and alignment spline raceway configured for receiving a main gasket and alignment spline”, which is confusing. How can the main gasket be configured for receiving itself? It is assumed the clam recites --a main gasket and alignment spline raceway, the raceway configured for receiving an alignment spline--.
Claim 17 recites “a main gasket and alignment spline raceway configured for receiving a main gasket and alignment spline”, which is confusing. How can the main gasket be configured for receiving itself? It is assumed the clam recites --a main gasket and alignment spline raceway, the raceway configured for receiving an alignment spline--.
Claim 17 recites the main gasket and alignment spline and the at least one secondary gasket connection raceway being configured to employ “a flexible waterproofing material” that provides the dry seal. Is this the same flexible waterproofing material as the flexible waterproofing material recited in claim 15? It is assumed it is the same material.
Claim Rejections - 35 USC § 103
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 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 1-6, 9, and 11-14 - are rejected under 35 U.S.C. 103 as being unpatentable over Rebmann (8,966,839) in view of Subra (8,250,819).
Rebmann, figs. 1-5, teaches an article of manufacture (window assembly), comprising:
a polymer C-channel structural component (the frame members are C-Channel as broadly recited, as at least the inner portion is C-channel in cross section);
a polymer corner connector 98;
the corner connector configured to join with the C-channel structural component, forming a joint between the corner connector and the C-channel structural component, fig. 3;
the corner connector comprising a first gasket connection raceway (one of the two channels 118), and the C-channel structural component comprising a second gasket connection raceway (the corresponding one of the two channels 82); the first gasket connection raceway and the second gasket connection raceway being aligned to provide a continuous raceway (raceway for one of the two tangs of seal 86) across the joint; and
a gasket 86 comprising flexible waterproofing material, the gasket configured to be inserted into the continuous raceway and provide a dry seal at the joint.
Redmann does not expressly teach the polymer is fiber reinforced. Subra teaches a polymer is fiber reinforced, col. 5, lines 28-32. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the polymer to be fiber reinforced for strength.
2. Rebmann in view of Subra teaches the article of manufacture of claim 1, Rebmann further teaching the FRP corner connector comprises one or more connector insert sections 102, and the FRP C-channel structural component comprises one or more corner connector insert raceways 106, the one or more connector insert sections being configured to fit into the one or more corner connector insert raceways, fig. 3.
3. Rebmann in view of Subra teaches the article of manufacture of claim 1, Rebmann further teaching the FRP C-channel structural component and the FRP corner connector comprises a main gasket 70 and alignment spline raceway (the U-channel for 26) and at least one secondary gasket connection raceway (the other of the two channels 118 and the corresponding other of the two channels 82).
4. Rebmann in view of Subra teaches the article of manufacture of claim 3, Rebmann further teaching, as best understood, the main gasket, alignment spline raceway, and the at least one secondary gasket connection raceway provide a dry seal (all these components act together to seal out water).
5. Rebmann in view of Subra teaches the article of manufacture of claim 3, Rebmann further comprising, as best understood, a main seal alignment spline inserted in the alignment spline raceway (the edge of panel 26 acts as a spline or key fitting into the groove just as the edge of panel 5 fits into the groove).
6. Rebmann in view of Subra teaches the article of manufacture of claim 5, Rebmann further comprising the main seal alignment spline configured to provide a dry seal at the joint at least because panel 26 spans the joint, fig. 4.
9. Rebmann in view of Subra teaches the article of manufacture of claim 1, Rebmann further teaching the flexible waterproofing material comprises Ethylene Propylene Diene Monomer (EPDM), fire-resistant silicone, or another high-performance fire-resistant flexible rubber, col. 8, lines 58-60.
11. Rebmann in view of Subra teaches the article of manufacture of claim 1, Rebmann further teaching the FRP C-channel structural component and the FRP corner comprises a gasket raceway (the channel, fig. 5) for a glass seal 70.
12. Rebmann, figs. 1-5, teaches an article of manufacture (window assembly), comprising a polymer C-channel structural component (the frame members are C-Channel as broadly recited, as at least the inner portion is C-channel in cross section),
a plurality of corner connector insert raceways (106, one on each end) capable of connecting the FRP C-channel structural component to at least one other FRP C-channel structural component to assemble a frame assembly (another C-channel component could be butted up against the channel end instead of a corner connector);
as best understood, a main gasket 70 and alignment spline raceway (U-channel for 26), the raceway configured for receiving an alignment spline (the edge of panel 26 acts as a spline or key fitting into the groove just as the edge of panel 5 fits into the groove);
at least one secondary gasket connection raceway (the raceway for seal 82);
as best understood, the main gasket, alignment spline, and secondary gasket connection raceway provide a dry seal (all these components act together to seal out water) for at least one joint between the frame assembly and at least one other frame assembly.
Redmann does not expressly teach the polymer is fiber reinforced. Subra teaches a polymer is fiber reinforced, col. 5, lines 28-32. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the polymer to be fiber reinforced for strength.
13. Rebmann in view of Subra teaches the article of manufacture of claim 1, Rebmann further teaching the C-channel structural component is a straight C-channel structural component, fig. 3.
14. Rebmann in view of Subra teaches the article of manufacture of claim 1, Rebmann further comprising a gasket raceway capable of use as a glass seal because, as seen in at least fig. 2, a groove is formed between 122 and vertical wall 50, glass capable of being sealed in this corner raceway.
Claims 7-8, 15, and 17 - are rejected under 35 U.S.C. 103 as being unpatentable over Rebmann in view of Subra and in further view of Koo (KR2010/0065630).
7-8. Rebmann in view of Subra does not teach the article of manufacture FRP corner connector and the FRP C-channel structural component of claim 1 is part of an exterior panelized wall assembly, and the panelized wall assembly further comprises an infill material. Koo teaches an article of manufacture corner connector and the channel structural component is part of a panelized wall assembly, fig. 5, but the panelized wall assembly does not further comprise an infill material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the article of manufacture FRP corner connector and the FRP C-channel structural component of claim 1 to be part of a panelized wall assembly for versatility, and the panelized wall assembly to further comprise an infill material for strength.
15. Rebmann, figs. 1-5, teaches a building system, comprising:
a frame assembly comprising:
a plurality of polymer C-channel structural components (the frame members are C-Channel as broadly recited, as at least the inner portion is C-channel in cross section);
and a plurality of polymer corner connectors 98 that join together the plurality of polymer C-channel structural components;
the plurality of polymer C-channel structural components and the plurality of polymer corner connectors configured to employ a flexible waterproofing material 86 that provides a dry seal for at least one joint where the plurality of frame assemblies meet.
Redmann does not expressly teach a plurality of the frame assemblies or the polymer is fiber reinforced. Subra teaches a polymer is fiber reinforced, col. 5, lines 28-32. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the polymer to be fiber reinforced for strength. Koo teaches an article of manufacture corner connector and the channel structural component is part of a panelized wall assembly, fig. 5. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the article of manufacture FRP corner connector and the FRP C-channel structural component of claim 1 to be part of a panelized wall assembly for versatility.
17. Rebmann in view of Subra and in further view of Koo teaches the building system of claim 15, Rebmann further teaching the C-channel structural components and corner connectors have, as best understood, a main gasket 70 and alignment spline raceway (the U-channel for 26), the raceway configured for receiving an alignment spline (panel 26 edge is a spline just as applicants panel 5 edge is a spline); and the C-channel structural components and corner connectors have at least one secondary gasket connection raceway (118 and 82); the main gasket and alignment spline and the at least one secondary gasket connection raceway being capable of employing, as best understood, the flexible waterproofing material that provides the dry seal because they all combine to (in combination with a rubber seal) seal water out of the building.
Claims 10 and 16 – are rejected under 35 U.S.C. 103 as being unpatentable over Rebmann in view of Subra and in further view of Koo and Oppenhuizen (4,905,334).
10. Rebmann does not expressly teach a flexible epoxy is employed to join together the corner connector with the FRP C-channel structural component, the flexible epoxy being configured to provide a uniform coefficient of thermal expansion throughout the panelized wall assembly. Oppenhuizen, col. 7, lines 11-13, teaches an epoxy is employed to join together corner connector with channel structural components. Oppenhuizen does not expressly teach the epoxy is flexible. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for epoxy to be employed to join together the corner connector with the FRP C-channel structural component for strength, and to be flexible for stress reduction, the flexible epoxy being capable of providing a uniform coefficient of thermal expansion throughout the panelized wall assembly at least because of the flexibility.
16. Rebmann does not expressly teach a flexible epoxy is employed to join together the corner connector with the FRP C-channel structural component, the flexible epoxy being configured to provide a uniform coefficient of thermal expansion throughout the panelized wall assembly. Oppenhuizen, col. 7, lines 11-13, teaches an epoxy is employed to join together corner connector with channel structural components. Oppenhuizen does not expressly teach the epoxy is flexible. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for flexible epoxy to be employed to join together the corner connector with the FRP C-channel structural component for strength, and to be flexible for stress reduction, the flexible epoxy being capable of providing a uniform coefficient of thermal expansion throughout the panelized wall assembly at least because of the flexibility.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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