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 .
DETAILED ACTION
This communication is a first Office Action on the Merits. Claims 1-11 as originally filed 11/06/2024, are pending and have been considered as follows:
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/06/24 and 04/14/26 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.83 or 1.84 because of the following informalities:
The drawings must show every feature of the invention specified in the claims, therefore the following must be shown or the feature(s) canceled from the claim(s):
Cl. 8-9: “steel plate” has not been explicitly pointed out (note: Examiner recognizes the disclosed “A belt-like steel plate (not illustrated) extending in the lateral direction may be provided” at [0065] but such a feature must be shown or removed from the claims)
Cl. 10-11: ““a closed stringer staircase… open stringer staircase” has not been explicitly pointed out
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim 1-11 rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim Rejections - 35 USC § 102
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 1-3 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beaty et al. US 9140008 B2 (Beaty).
As per claim 1 Beaty teaches a building wall comprising:
an underlay (sheathing layer 304, FIG. 14, 16, 18) connected to studs (metal studs 302. FIG. 14, 16, 18) arranged at predetermined intervals,
the underlay (sheathing layer 304, FIG. 14, 16, 18) being formed of a plurality of underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18); and
an overlay (vertical elements 110 and 150, FIG. 14, 16, 18) connected to the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18),
the overlay (vertical elements 110 and 150, FIG. 14, 16, 18) being formed of a plurality of overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18), wherein
a building member (cladding 270 FIG. 14, 16, 18) independent of the building wall is installed where front surfaces of the overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18) are,
the front surfaces being opposite to rear surfaces thereof facing the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18),
the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18) are fastened to the studs (metal studs 302. FIG. 14, 16, 18) by first fixing members (fasteners 380, FIG. 14, 16, 18), and
the overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18) are fastened to the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18) by second fixing members (fasteners 272, FIG. 14, 16, 18), and
fastening positions (see positions of 380, 382, 272, FIG. 16, 18) of both the first fixing members (fasteners 380, FIG. 14, 16, 18) and the second fixing members (fasteners 272, FIG. 14, 16, 18) are set in a region (see staggered 382, 272 , FIG. 16, 18) avoiding the building member (cladding 270 FIG. 14, 16, 18).
As per claim 2 Beaty teaches a building wall comprising:
an underlay (sheathing layer 304, FIG. 14, 16, 18) connected to studs (metal studs 302. FIG. 14, 16, 18) arranged at predetermined intervals, the underlay (sheathing layer 304, FIG. 14, 16, 18) being formed of a plurality of underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18);
an intermediate layer (face plate 130, FIG. 14) connected to the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18), the intermediate layer being formed of a plurality of intermediate layer face members (face plates 130, FIG. 3, 14); and
an overlay (vertical elements 110 and 150, FIG. 14, 16, 18) connected to the intermediate layer face members (face plates 130, FIG. 3, 14), the overlay (vertical elements 110 and 150, FIG. 14, 16, 18) being formed of a plurality of overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18), wherein
a building member (cladding 270 FIG. 14, 16, 18) independent of the building wall is installed where front surfaces of the overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18) are, the front surfaces being opposite to rear surfaces thereof facing the intermediate layer face members (face plates 130, FIG. 3, 14),
the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18) are fastened to the studs (metal studs 302. FIG. 14, 16, 18) by first fixing members (fasteners 380, FIG. 14, 16, 18), the intermediate layer face members (face plates 130, FIG. 3, 14) are fastened to the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18) by third fixing members (“Cap seats 122 provide a seat for face plate 130” 6:15), and the overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18) are fastened to the intermediate layer face members (face plates 130, FIG. 3, 14) by fourth fixing members (“Z-channels 150 … fasteners such as self-tapping screws” 5:55), and
fastening positions (see positions of 382, FIG. 16, 18) of each of the first fixing members (fasteners 380, FIG. 14, 16, 18), the third fixing members, and the fourth fixing members are set in a region (see staggered 382, 272 , FIG. 16, 18) avoiding the building member (cladding 270 FIG. 14, 16, 18).
As per claim 3 Beaty teaches the limitations according to claim 2, wherein the intermediate layer face members (face plates 130, FIG. 3, 14) are further fastened (see “face plate 130 may be snapped into hat channel 110” 10:50) to the studs (metal studs 302. FIG. 14, 16, 18) by fifth fixing members (see “snapped” and “fasteners 382” FIG. 14) that are reinforcing members that pass through the underlay face members (channel 322, channel 362, layer 304, layer 306 FIG. 14, 16, 18).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 4-7 rejected under 35 U.S.C. 103 as being unpatentable over Beaty in view of Ting US 3998016 A.
As per claim 4-5 the primary reference of Beaty teaches the limitations according to claim 1 and 2 but fails to explicitly disclose:
(Cl. 4) a fastening pitch of both the first fixing members and the second fixing members is 750 mm at maximum.
(Cl. 5) a fastening pitch of the first fixing members, the third fixing members, and the fourth fixing members is 750 mm at maximum.
Ting teaches such a pitch capable of being integrated into the assembly of Beaty, specifically:
(Cl. 4) a fastening pitch of both the first fixing members and the second fixing members is 750 mm at maximum (“end-subgirt spacing D may vary from about 5 inches to about 15 inches” 8:65; see also distance “D” FIG. 8); and
(Cl. 5) a fastening pitch of the first fixing members, the third fixing members, and the fourth fixing members is 750 mm at maximum (“end-subgirt spacing D may vary from about 5 inches to about 15 inches” 8:65; see also distance “D” FIG. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Beaty by including the spacing as taught by Ting in order to control the failure load of the wall structure.
As per claim 6 Beaty teaches the limitations according to claim 1 and 5, wherein the overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18) are rectangular in plan view (FIG. 14) but fails to explicitly disclose:
(Cl. 6) a fastening pitch of the second fixing members along peripheral edges of the rectangular overlay face members is narrower than a fastening pitch of the second fixing members in interior sections of the rectangular overlay face members; and
Ting teaches such a pitch capable of being integrated into the assembly of Beaty , specifically:
(Cl. 6) a fastening pitch of the second fixing members along peripheral edges of the rectangular overlay face members is narrower (see “wherein the distance between the first subgirt and said first frame member is less than the distance between the first subgirt and said second frame member, and wherein the distance between said third subgirt and said third frame member is less than the distance between said third subgirt and said second frame member” Cl. 18; compare also distances E and D, FIG. 26) than a fastening pitch of the second fixing members in interior sections of the rectangular overlay face members.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Beaty by substituting the spacings —or pitch— as taught by Ting in order to maintain structural integrity while accommodating for thermal expansion and contraction.
As per claim 7 Beaty in view of Ting teaches the limitations according to claim 5 and Beaty further discloses both the intermediate layer face members (face plates 130, FIG. 3, 14) and the overlay face members (vertical elements 110 and 150, FIG. 14, 16, 18) are rectangular in plan view (FIG. 14), but the combination fails to explicitly disclose:
the fastening pitch of the third fixing members and the fourth fixing members along peripheral edges of the rectangular intermediate layer face members and the rectangular overlay face members is narrower than the fastening pitch of the third fixing members and the fourth fixing members in interior sections of the rectangular intermediate layer face members and the rectangular overlay face members.
Ting further discloses such a pitch capable of being integrated into the assembly of Beaty, specifically:
the fastening pitch of the third fixing members and the fourth fixing members along peripheral edges of the rectangular intermediate layer face members and the rectangular overlay face members is narrower (“end-subgirt spacing D may vary from about 5 inches to about 15 inches” 8:65; see also distance “D” FIG. 8) than the fastening pitch of the third fixing members and the fourth fixing members in interior sections of the rectangular intermediate layer face members and the rectangular overlay face members (see “wherein the distance between the first subgirt and said first frame member is less than the distance between the first subgirt and said second frame member, and wherein the distance between said third subgirt and said third frame member is less than the distance between said third subgirt and said second frame member” Cl. 18; compare also distances E and D, FIG. 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Beaty by including the spacing as taught by Ting in order to control the failure load of the wall structure.
Claim 8-9 rejected under 35 U.S.C. 103 as being unpatentable over Beaty in view of ISHIKO TAKURO JP H094079 A (Ishiko).
As per claim 8-9 Beaty teaches the limitations according to claim 1 but fails to explicitly disclose:
(Cl. 8) wherein a rear surface of the overlay is provided with a steel plate; and
(Cl. 9) the overlay is equipped with a vertical joint and a horizontal joint, and the steel plate is provided at a position corresponding to at least the horizontal joint on the rear surface of the overlay
Ishiko teaches a steel plate capable of strengthening the assembly of Beaty, specifically:
(Cl. 8) a rear surface of the overlay is provided with a steel plate (zinc steel plate 1, FIG. 1); and
(Cl. 9) the overlay is equipped with a vertical joint and a horizontal joint (see joint at 3-3, FIG. 2), and the steel plate is provided at a position corresponding to at least the horizontal joint on the rear surface of the overlay (see rear surfaces of left and right elements at 11, FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Beaty by including the plate as taught by Ishiko in order to bolster the assembly at joints between cladding elements.
Claim 10-11 rejected under 35 U.S.C. 103 as being unpatentable over Beaty as applied to claim 1 above, and further in view of Souza, Jr. US 4050203 A (Souza).
As per claim 10-11 the primary reference of Beaty teaches the limitations according to claim 1 but fails to explicitly disclose:
(Cl. 10) the building member is a closed stringer included in a staircase; and
(Cl. 11) the closed stringer encompasses both the closed stringer included in a closed stringer staircase and an open stringer included in an open stringer staircase.
teaches a staircase capable of being made open or closed, as broadly claimed, when integrated into the assembly of Beaty, specifically:
(Cl. 10) the building member is a closed stringer included in a staircase (spaced apart stringers 16, FIG. 1); and
(Cl. 11) the closed stringer encompasses both the closed stringer included in a closed stringer staircase and an open stringer (platforms 36, FIG. 1) included in an open stringer staircase.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Beaty by including the stringers and platforms as taught by Souza in order to provide access to residents when the assembly is included in a multi-level structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JJS/
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
Prosecution Insights