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 § 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 1-8 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 recites at step d) “attaching the flat surface of additional half timbers”, there is lack of antecedent basis for “the flat surfaces of additional half timbers”, therefore it is unclear if this is in addition to or the same as the previously recited “to create a plurality of half timbers” causing confusion regarding the scope of the claimed invention.
Claim 1 recites at step e) “attaching the flat surface of still additional half timbers”, there is lack of antecedent basis for “the flat surfaces of still additional half timbers”, therefore it is unclear if this is in addition to or the same as the previously recited “to create a plurality of half timbers” and/or the previously recited “additional half timbers” causing confusion regarding the scope of the claimed invention.
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) 1,2,3,4,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolens (5423153) in view of Sing (5896723).
Claim 1. Woolens discloses a method of placing a facade onto a building structure having a plurality of walls, wherein the facade gives the appearance of a log cabin, the method comprising the steps of:
a) providing a plurality of wood planks that are half timbers having a flat surface opposite a convex surface (as noted at col. 2, lines 45-60);
c) attaching the flat surface of one of the plurality of half-timbers to a solid two- dimensional structure, the solid two-dimensional structure constituting one of the walls of the building structure (as noted in the figures and throughout the disclosure at least at col. 3 lines 30-35);
d) attaching the flat surfaces of additional half-timbers to the solid two-dimensional structure so that half timbers extend in a continuous line from one edge of the solid two-dimensional structure to an opposite edge of the solid two-dimensional structure (as noted in the figures and disclosure at least at col. 3, lines 30-68);
e) attaching the flat surfaces of still additional half-timbers to the solid two-dimensional structure so that a plurality of rows of half-timbers are attached to the solid two- dimensional structure, each row extending in a continuous line from one edge to an opposite edge of the solid two-dimensional structure, and wherein each succeeding row of half-timbers is immediately adjacent to the previous row of half-timbers (as noted in the figures and disclosure at least at col. 3, lines 30-68); and
f) repeating steps a), b), c), d), and e) for each wall of the building structure (as noted in the figures and disclosure at least at col. 3, lines 30-68).
Woolens does not expressly disclose the method steps of:
a) providing a plurality of unfinished landscape timbers, each landscape timber having two opposite flat surfaces and two opposite convex surfaces;
b) cutting each of the plurality of landscape timbers longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half-timbers, each half- timber having a flat surface opposite a convex surface; however Woolens does disclose that the wooden planks are formed from a tree heartwood, preferably oak (col. 2 lines 52-55) and therefore there is necessarily a step of providing the tree and cutting it into the plurality of planks to achieve the planks as described in Woolens.
Sing discloses that it is known to have logs trimmed for form two opposite flat surfaces and two opposite convex surfaces (as seen at figure 5) and further to cut the log longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half timbers, each half timber having a flat surface opposite a convex surface (as seen in the figures and disclosure) to be used for an intended purpose. Further applicant discloses in the specification that landscape timbers are a known product readily available at most any hardware or outdoor supply store and have a rectangular cross section having two opposing surfaces milled into a convex shape (applicant admitted prior art (AAPA)- paragraph 0011 of applicants specification).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the method of Woolens to a) provide a plurality of unfinished landscape timbers having two opposite flat surfaces and two opposite convex surfaces, which are known and readily available, and b)cutting each of the landscape timbers longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half timbers, each having a flat surface opposite a convex surface as taught by Sing to achieve the predictable result of a half log to be used for siding making the appearance of a log building easier to achieve by simplifying the construction process of assembly a log wall (as taught by Woolens).
Claims 2,3. Woolens in view of Sing disclose a method as set forth in claim 1, but does not expressly disclose wherein the house or other building disclosed includes at least one window or at least one door and the half timber siding is cut so as not to cover the at least one window or at least one door. The Office takes Official Notice that it is common and well known and required by building codes to have a house with at least one window and at least one door and for siding on that building to be cut so as not to cover the at least one window or at least one door. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the house or other building of Woolens to have at least one window and at least one door and to cut the plurality of half timbers so as not to cover the at least one window and at least one door to ensure safe egress, entrance, and visibility into and out of the building by maintaining the window and door opening (if they are covered they are no long a window or door that meets building codes).
Claim 4. A method as set forth in claim 1, wherein two adjoining walls of the plurality of walls of the building structure meet at an angle (as noted at least at figures 1,3 of Woolens), and wherein the ends of each of the plurality of half-timbers attached to said two walls which meet at an angle are mitered at the meeting end so as to form a tight connection therebetween (as seen in figure 3 at 48 and as noted at least at col. 4, lines 23-25).
Claim 8. A building structure giving the appearance of a log cabin constructed in accordance with the method set forth in claim 1 (as noted in the figures and disclosure of Woolens).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woolens (5423153) in view of Sing (5896723) and further in view of Nipko (5058343).
Claim 7. Woolens in view of Sing disclose the method as set forth in claim 1, but does not expressly disclose wherein each solid two-dimensional structure constituting one of the walls of the building structure has the plurality of half timbers attached thereto at a location remote from a building site of the building structure, thereby constituting a pre- fabricated wall, and further wherein each pre-fabricated wall is subsequently transported to the building site.
Nipko discloses that it is known to assembly walls with log siding attached thereto at a location remote from a building site (col. 3, lines 66-67) and transporting to the building site (col. 8, lines 37-40).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the method of Woolens to assemble the wall with the log siding timbers attached thereto at a location remote from a building site and transport it to the building site to be erected to achieve the predictable result of improving the assembly by providing a controlled environment and streamlining the assembly process.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over King (1996735) in view of Woolens (5423153) and further in view of Sing (5896723).
Claim 1. King discloses a method of placing a facade onto a building structure having a plurality of walls, wherein the facade gives the appearance of a log cabin, the method comprising the steps of:
a) providing a plurality of wood planks (30);
c) attaching the flat surface of one of the plurality of planks to a solid two- dimensional structure, the solid two-dimensional structure constituting one of the walls of the building structure (as noted in the figures and throughout the disclosure);
e) attaching the flat surfaces of still additional half-timbers to the solid two-dimensional structure so that a plurality of rows of half-timbers are attached to the solid two- dimensional structure, each row extending in a continuous line from one edge to an opposite edge of the solid two-dimensional structure, and wherein each succeeding row of half-timbers is immediately adjacent to the previous row of half-timbers;
and repeating steps 1,c,e to form the wall.
King does not expressly disclose:
a) providing a plurality of unfinished landscape timbers, each landscape timber having two opposite flat surfaces and two opposite convex surfaces;
b) cutting each of the plurality of landscape timbers longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half-timbers, each half- timber having a flat surface opposite a convex surface; however King does disclose that the planks are wood and therefore there is necessarily a step of providing the tree and cutting it into the plurality of planks to achieve the planks as described in King;
d) attaching the flat surfaces of additional half-timbers to the solid two-dimensional structure so that half timbers extend in a continuous line from one edge of the solid two-dimensional structure to an opposite edge of the solid two-dimensional structure;
e) attaching the flat surfaces of still additional half-timbers to the solid two-dimensional structure so that a plurality of rows of half-timbers are attached to the solid two- dimensional structure, each row extending in a continuous line from one edge to an opposite edge of the solid two-dimensional structure, and wherein each succeeding row of half-timbers is immediately adjacent to the previous row of half-timbers; and
f) repeating steps a), b), c), d), and e) for each wall of the building structure.
Woolens discloses a method of placing a facade onto a building structure having a plurality of walls, wherein the facade gives the appearance of a log cabin, the method comprising the steps of:
a) providing a plurality of wood planks that are half timbers having a flat surface opposite a convex surface (as noted at col. 2, lines 45-60);
c) attaching the flat surface of one of the plurality of half-timbers to a solid two- dimensional structure, the solid two-dimensional structure constituting one of the walls of the building structure (as noted in the figures and throughout the disclosure at least at col. 3 lines 30-35);
d) attaching the flat surfaces of additional half-timbers to the solid two-dimensional structure so that half timbers extend in a continuous line from one edge of the solid two-dimensional structure to an opposite edge of the solid two-dimensional structure (as noted in the figures and disclosure at least at col. 3, lines 30-68);
e) attaching the flat surfaces of still additional half-timbers to the solid two-dimensional structure so that a plurality of rows of half-timbers are attached to the solid two- dimensional structure, each row extending in a continuous line from one edge to an opposite edge of the solid two-dimensional structure, and wherein each succeeding row of half-timbers is immediately adjacent to the previous row of half-timbers (as noted in the figures and disclosure at least at col. 3, lines 30-68); and
f) repeating steps a), b), c), d), and e) for each wall of the building structure (as noted in the figures and disclosure at least at col. 3, lines 30-68).
Woolens does not expressly disclose the method steps of:
a) providing a plurality of unfinished landscape timbers, each landscape timber having two opposite flat surfaces and two opposite convex surfaces;
b) cutting each of the plurality of landscape timbers longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half-timbers, each half- timber having a flat surface opposite a convex surface; however Woolens does disclose that the wooden planks are formed from a tree heartwood, preferably oak (col. 2 lines 52-55) and therefore there is necessarily a step of providing the tree and cutting it into the plurality of planks to achieve the planks as described in Woolens.
Sing discloses that it is known to have logs trimmed for form two opposite flat surfaces and two opposite convex surfaces (as seen at figure 5) and further to cut the log longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half timbers, each half timber having a flat surface opposite a convex surface (as seen in the figures and disclosure) to be used for an intended purpose. Further applicant discloses in the specification that landscape timbers are a known product readily available at most any hardware or outdoor supply store and have a rectangular cross section having two opposing surfaces milled into a convex shape (applicant admitted prior art (AAPA)- paragraph 0011 of applicants specification).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the method of King to a) provide a plurality of unfinished landscape timbers having two opposite flat surfaces and two opposite convex surfaces, which are known and readily available, and b) cutting each of the landscape timbers longitudinally on a perpendicular line between the two flat surfaces to create a plurality of half timbers, each having a flat surface opposite a convex surface; d) attaching the flat surfaces of additional half-timbers to the solid two-dimensional structure so that half timbers extend in a continuous line from one edge of the solid two-dimensional structure to an opposite edge of the solid two-dimensional structure; and f) repeating steps a), b), c), d), and e) for each wall of the building structure as taught by Woolens and Sing to achieve the predictable result of a half log shape having a convex surface on one side and a flat opposite side to be used for siding making the appearance of a log building easier to achieve by simplifying the construction process of assembly a log wall (as taught by Woolens and Sing).
Claims 2,3. King in view of Woolens and in view of Sing disclose the method as set forth in claim 1, wherein the solid two-dimensional structure constituting one of the walls of the building structure includes at least one window or at least one door formed therein, and wherein the plurality of half-timbers attached to the solid two-dimensional structure are cut so as not to cover the at least one window or at least one door (King-page 2, col. 1, lines 50-60).
Claim 4. A method as set forth in claim 1, wherein two adjoining walls of the plurality of walls of the building structure meet at an angle (as noted at least at figures and disclosure of King), and wherein the ends of each of the plurality of half-timbers attached to said two walls which meet at an angle are mitered at the meeting end so as to form a tight connection therebetween (as seen in figures 1,3-5 and at page 1, col. 2, lines 29-31).
Claim 5. A method as set forth in claim 1, wherein each row of half-timbers is attached to the solid two- dimensional structure with a gap (as seen in figure 6 of King) between that row and each adjacent row of half-timbers.
Claim 6. A method as set forth in claim 5, wherein each gap is filled with a chinking material (33 – King).
Claim 7. A method as set forth in claim 1, wherein each solid two-dimensional structure constituting one of the walls of the building structure has the plurality of half timbers attached thereto at a location remote from a building site of the building structure, thereby constituting a pre- fabricated wall, and further wherein each pre-fabricated wall is subsequently transported to the building site (as noted at page 2, col. 1, lines 50-60).
Claim 8. A building structure giving the appearance of a log cabin constructed in accordance with the method set forth in claim 1 (as noted in the figures and disclosure).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635