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
Applicant’s election without traverse of Invention I, claims 1-15, in the reply filed on 04/21/2026 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 5, 8-15 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 5 recites the limitation "the second coupler" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 8 recites the limitation "the second coupler" in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 9 recites the limitation "the second coupler" in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 10 recites the limitation "the second coupler" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 11, the term and/or is indefinite in that it is unclear what is required of the claim. The examiner will examine as best understood with either a fastener or a weld required. Appropriate correction is required.
Regarding claim 12, the limitation the exterior shaped piece comprises a mesh support is recited twice. Appropriate correction is required.
Claims 13-15 rejected under 35 USC 112 as being dependent on a rejected claim.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jong, Korean Patent Publication KR101042532 in view of Kim, Korean Patent Publication KR101303860.
Regarding claim 1, Jong discloses an artificial rock structure comprising: a plurality of modular construction blocks (120) comprising at least one terminal modular construction block (outer blocks as shown in Fig. 1) forming an exterior face (outer contour of blocks at 60) of the support structure, the at least one terminal modular construction block comprising a first coupler (123) in a first coupler active configuration (as shown in Fig. 5); and at least one additional modular construction block (one of blocks interior to terminal blocks) coupled to the at least one terminal modular construction block, the at least one additional modular construction block comprising a second coupler (121) in a second coupler inactive configuration ( 121 which do not require a fastener as shown in Fig 4); and at least one exterior shaped piece (60) comprising a mesh support (20; paragraph 31), wherein the at least one exterior shaped piece is disposed at least partially around the support structure (as shown in Fig. 5), but does not expressly disclose the exterior shaped piece is coupled to the first coupler of the at least one terminal modular construction block via a complementary coupler. Kim teaches a structure having an artificial arm/first coupler (20) coupled to the structure with the use of a secondary coupler (21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize secondary coupling members to effectively secure the exterior piece(s) to respective construction blocks.
Regarding claim 2, Jong discloses an artificial rock structure wherein the at least one terminal modular construction block and/or the at least one additional modular construction block comprises a shape selected from a set of three-dimensional shapes (see Fig. 4).
Regarding claim 3, Jong discloses an artificial rock structure wherein the set of three-dimensional shapes comprises at least cubes, rectangular prisms, triangular prisms, cylinders, cones, or pyramids (see Fig. 4).
Regarding claim 4, Jong discloses an artificial rock structure wherein the at least one additional modular construction block comprises a first modular construction block and a second modular construction block having a same shape and size relative to one another (see Fig. 1, any of two interior blocks).
Regarding claim 5, the prior art as modified discloses an artificial rock structure wherein the second coupler is recessed in the second coupler inactive configuration (with respect to the artificial arm/first coupler; see Fig.1 of Kim).
Regarding claim 6, the prior art, as modified, discloses an artificial rock structure wherein the first coupler is configured to transition from the first coupler active configuration to a first coupler inactive configuration (at portions where the second coupler is not required to be inserted for fastening to the blocks; see Fig. 1 of Kim, for example). The phrase “configured to transition from the first coupler active configuration to a first coupler inactive configuration” 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.
Regarding claim 7, the prior art, as modified, discloses an artificial rock structure wherein the first coupler is configured to articulate with respect to the at least one modular construction block (when bolts 21 are screwed in place). The phrase “configured to articulate with respect to the at least one modular construction block” 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.
Regarding claim 8, the prior art, as modified, discloses an artificial rock structure wherein the second coupler is configured to transition from the second coupler inactive configuration (prior to insertion) to a second coupler active configuration (upon insertion into the first coupler). The phrase “configured to transition from the second coupler inactive configuration to a second coupler active configuration” 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.
Regarding claim 9, the prior art, as modified, discloses an artificial rock structure wherein the second coupler is configured to protrude from the at least one additional modular construction block in a second coupler active configuration (when placed into one of apertured of an additional block (see Jong Fig. 4, generally). The phrase “configured to protrude from the at least one additional modular construction block in a second coupler active configuration” 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.
Regarding claim 10, the prior art, as modified, discloses an artificial rock structure wherein at least a portion of the first coupler or at least a portion of the second coupler is configured to transition between a first position or orientation and a second position or orientation (prior to when Kim 21 is inserted into assembly position, and upon insertion into assembly position, respectively). The phrase “configured to transition between a first position or orientation and a second position or orientation” 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.
Regarding claim 11, Jong discloses an artificial rock structure wherein the plurality of modular construction blocks is coupled together via welding and/or fasteners (122).
Regarding claim 12, Jong discloses an artificial rock structure comprising: at least one modular construction block (120) comprising at least one coupler (123); and an exterior shaped piece (60) comprising a mesh support (20; paragraph 31) disposed around the at least one modular construction block (for example Fig. 1), wherein the exterior shaped piece comprises: a mesh support (paragraph 31); a filler material disposed within the mesh support (cement mortar, paragraph 31); but does not disclose at least one complementary coupler extending from the mesh support and coupled to at least one modular construction block via coupling the at least one complementary coupler to the at least one coupler. Kim teaches a structure having an artificial arm/first coupler (20) coupled to the structure/mesh support with the use of a secondary coupler (21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize secondary coupling members to effectively secure the exterior piece(s) to respective construction blocks.
Regarding claim 13, Jong discloses an artificial rock structure wherein the at least one modular construction block comprises a rail assembly (see Fig. 4, rail shaped components of the construction block) coupled to the at least one coupler (see Fig. 1, generally).
Regarding claim 14, Jong discloses an artificial rock structure wherein at least one end of the at least one coupler is configured to translate along the rail assembly to adjust a position of at least one coupler relative to the at least one modular construction block (see Fig. 1, generally). The phrase “configured to translate along the rail assembly to adjust a position of at least one coupler relative to the at least one modular construction block” 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.
Regarding claim 15, the prior art, as modified, discloses an artificial rock wall wherein the at least one complementary coupler is affixed to the mesh support, but does not specifically disclose wherein the filler material comprises concrete, the mesh support comprises metal wiring. Jong teaches a cement mortar filler material (paragraph 31). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a concrete filler rather than a cement mortar depending on desired strength, appearance, and workability, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin,125 USPQ 416. It would also have been obvious to produce the mesh of a metal wiring, as it is notoriously well-known in the art to reinforce hardened cementitious materials with a concrete mesh to accommodate for tensile forces, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin,125 USPQ 416.
Conclusion
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GISELE D. FORD
Examiner
Art Unit 3633
/GISELE D FORD/Examiner, Art Unit 3633
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