DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-12 are cancelled.
Claims 13- 25 are pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 102-1, 102-2, 204-1, 204-2.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features of claim 24 (including the rows of posts, end post, corner, etc.) must be shown and labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claims 13-25 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.
Re claim 13, claim 13 recites that the hollow posts comprise concrete in the last line. Claim 14 recites that the concrete is poured into the hollow posts. It is unclear if the hollow posts themselves are made of concrete, or if they “comprise” concrete merely by having concrete disposed therein. It appears this language refers to the hollow posts “comprising” concrete disposed therein and will be interpreted as such.
In addition, claim 13 recites, “the hollow posts” in the 2nd to last line and in the last line. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the first and second hollow posts” and will be interpreted as such.
Re claim 14, claim 14 recites, “the hollow posts” in line 1-2. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the first and second hollow posts” and will be interpreted as such.
Re claim 18, claim 18 recites that the first insulating element has dimensions equal to those of the first layer. It is unclear if this requires all dimensions equal, or only some. The specification, in [0067], recites that they have the same width dimensions and length dimensions and the language will be interpreted as such.
Re claim 20, claim 20 recites “slightly greater than” in line 2 which is a relative term which renders the claim indefinite. The term “slightly greater than” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is “slightly greater than” to one of ordinary skill may not be to another and thus, the scope of the claim is unclear. For the purpose of this examation, this language will be interpreted as “greater than.”
Re claim 21, claim 21 recites, “said hollow posts” in line 2. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “the first and second hollow posts” and will be interpreted as such.
Re claim 22, claim 22 recites, “the panels” in line 1 and “said panel” in line 2. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “said one of the first or second panels” and will be interpreted as such.
Re claim 23, claim 23 recites, “the assembly” in line 1. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “assembly” and will be interpreted as such.
Re claim 25, claim 25 recites, “the assembly” in line 4 and “said first and second posts” in line 7. There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite, “an assembly” and “the first and second hollow posts” and will be interpreted as such.
In addition, claim 25 recites “for this purpose” in line 7. It is unclear as to what purpose the language is referring to. For the purpose of this examation, this language will be interpreted as outside of the scope of the claim.
Claims 15-17 and 19-20, 24 are rejected as being dependent on a rejected claim.
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) 13-23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josey (US 5,899,037) in view of Messinger (US 2004/0028887) and Sachs (US 4,038,798).
Re claim 13, Josey discloses a structure (Fig. 1), comprising: a wall (10) extending in a vertical direction (Fig. 1) and a horizontal direction (Fig. 1), and having a thickness (Fig. 1) in a transverse direction (Fig. 1), said wall being formed by a row of first panels (Fig. 3; 20; Col 6 lines 18-24 disclosing 20 on plural panels 10) and a row of second panels (Fig. 3; 24; Col 6 lines 18-24 disclosing 24 on plural panels 10) arranged facing (Fig. 1) the first panels (24),
a row of first hollow posts (18) extending vertically (Fig. 1),
each of the first panels (20) being fixed to (Fig. 1) two successive first hollow posts (18), and
wherein each of the first panels (20) and second panels (24) comprises a first layer (20/24), and wherein said first hollow posts (18) and second hollow posts (as modified below) are arranged between (Fig. 1) the first layer (20) of the first panels (20) and the first layer (24) of the second panels (24),
but fails to disclose a row of second hollow posts extending vertically, the row of first hollow posts facing the row of second hollow posts, each of the second panels being fixed to two successive second hollow posts, wherein the first hollow posts are spaced apart from the second hollow posts in the transverse direction by a distance at least equal to the width of the hollow posts, and wherein the hollow posts comprise concrete.
However, Messinger discloses a row of second hollow posts (12c) extending vertically (Fig. 2), the row of first hollow posts (12a) facing (Fig. 2) the row of second hollow posts (12c), each of the second panels (unlabeled outer skin) being fixed to two successive second hollow posts (12c).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey with a row of second hollow posts extending vertically, the row of first hollow posts facing the row of second hollow posts, each of the second panels being fixed to two successive second hollow posts as disclosed by Messinger in order to increase strength yet maintain less weight ([0004]).
In addition, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey (as modified by Messinger) wherein the first hollow posts are spaced apart from the second hollow posts in the transverse direction by a distance at least equal to the width of the hollow posts in order to provide increased space between the first and second row of posts for either a larger core (increasing strength) or more insulation (increasing thermal properties). It has been held that a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In addition, Sachs discloses wherein the hollow posts (29-36) comprise concrete (Col 4 line 60-Col 5 line 8).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey wherein the hollow posts comprise concrete as disclosed by Sachs in order to increase strength of the structure.
Re claim 14, Josey as modified discloses the structure according to claim 13, Sachs discloses wherein the concrete (Col 4 line 60-Col 5 line 8) is poured (Col 4 line 60-Col 5 line 8) into the hollow posts (29-36).
Re claim 15, Josey as modified discloses the structure according to claim 13, wherein said first layer (20 is a layer of wood (Col 6 line 18-20 disclosing 20 is an exterior surface; Col 4 line 59-60).
Re claim 16, Josey as modified discloses the structure according to claim 13, Messinger discloses wherein the first hollow posts (12a) and the second hollow posts (12c) are arranged in staggered rows (Fig. 2) in the horizontal direction (Fig. 2).
Re claim 17, Josey as modified discloses the structure according to claim 13, wherein each of the first panels (20) and second panels (24) comprises a first insulating element (22) carried by the first layer (20).
Re claim 18, Josey as modified discloses the structure according to claim 17, but fails to disclose wherein the first insulating element has dimensions equal to those of the first layer.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey wherein the first insulating element has dimensions equal to those of the first layer (such as by reducing the thickness of 22) in order to reduce materials used, reduce thickness, and thus reduce material costs. It has been held that a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 19, Josey as modified discloses the structure according to claim 18, wherein each of the first panels (20) and second panels (24) comprises at least one second insulating element (28 and/or an additional element 22 per Fig. 1) carried by the first insulating element (22), but fails to disclose the second insulating element comprising an insulating material having a lower density than the density of an insulating material of the first insulating element.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey the second insulating element comprising an insulating material having a lower density than the density of an insulating material of the first insulating element in order to increase thermal properties in areas of greater need, and reduce thermal properties in areas of less need, optimizing thermal properties thereof.
Re claim 20, Josey as modified discloses the structure according to claim 19, wherein said at least one second insulating element (28 of 28 and an additional 22) has a dimension in the horizontal direction (Fig. 1) that is equal to or slightly greater than (Fig. 1) the distance between two hollow posts (18).
Re claim 21, Josey as modified discloses the structure according to claim 13, but fails to disclose wherein the first hollow posts or second hollow posts comprise reinforcement wires passing through said hollow posts.
However, Sachs discloses wherein the first hollow posts (29-36) or second hollow posts comprise reinforcement wires (64) passing through (Col 5 lines 48-55) said hollow posts (29-36).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey wherein the first hollow posts or second hollow posts comprise reinforcement wires passing through said hollow posts as disclosed by Sachs in order to increase strength of the structure.
Re claim 22, Josey as modified discloses the structure according to claim 13, wherein one of the panels (10) has a first edge (one edge thereof) cooperating with (Col 3 line 51-54) a second edge (an edge of an adjacent 10) of a panel (10) adjacent to said panel (10).
Re claim 23, Josey as modified discloses the structure according to claim 13, wherein the assembly (Fig. 1-5) of a first panel (10) and a second panel (adjacent 10, per forms Col 3 line 51-54) a wall portion (Col 3 line 51-54), said structure (Fig. 2) comprising at least one positioning shoe (14) for said wall portion (Col 3 line 51-54) which has the same dimensions (interior dimensions thereof) as those of a lower end (bottom of 10 in Fig. 2) of said wall portion Col 3 line 51-54), each positioning shoe being fixed to (Fig. 2) a slab (F) intended to receive said structure (Fig. 2).
Re claim 25, Josey as modified discloses a method for constructing the structure (Fig. 1-6 showing the structure constructed) according to claim 13 (see above), comprising the steps of: assembling (Fig. 1 showing 20/24 assembled) each first panel (20) and each second panel (24) so as to form a wall portion (10), arranging (Fig. 2 showing arrangement) the assembly (Fig. 2) of each first panel (20) and each second panel (24) on a slab (F) intended to accommodate said structure (Fig. 2), installing (Fig. 1 showing 18 installed) the row of first hollow posts (18) and the row of second hollow posts (Messinger: 12c) in a staggered manner (Messinger: Fig. 2) by sliding (any movement being sliding) said first (18; Messinger: 12a) and second posts (Messinger: 12c) into housings (Messinger: which receives 12a/12c; see also Sachs 37) provided for this purpose between each first panel (20) and each second panel (24), Sachs discloses pouring concrete (Col 4 line 60-Col 5 line 8) into the first and second hollow posts (Sachs: 29-36).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josey (US 5,899,037) in view of Messinger (US 2004/0028887), Sachs (US 4,038,798) and Sutelan (US 6,412,243).
Re claim 24, Josey as modified discloses the structure according to claim 13, but fails to disclose further comprising a corner formed at the intersection of a first wall and a second wall which are perpendicular to each other, the rows of first posts of the first wall and second wall comprising an end post arranged at the corner common to the first wall and second wall, and the row of second posts of the first wall comprising a first end post at the corner and the row of second posts of the second wall comprising a first end post at the corner.
However, Sutelan discloses further comprising a corner (Fig. 3) formed at the intersection (Fig. 3) of a first wall (10) and a second wall (10) which are perpendicular to each other (Fig. 3), the rows of first posts (16) of the first wall (10) and second wall (10) comprising an end post (end element 16 and/or 58) arranged at the corner common (Fig. 3) to the first wall (10) and second wall (10), and the row of second posts (Messinger; 12c) of the first wall (10) comprising a first end post (end element 16 and/or 58) at the corner (Fig. 3) and the row of second posts (Messinger: 12c) of the second wall (10) comprising a first end post (end element 16 and/or 58) at the corner (Fig. 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Josey further comprising a corner formed at the intersection of a first wall and a second wall which are perpendicular to each other, the rows of first posts of the first wall and second wall comprising an end post arranged at the corner common to the first wall and second wall, and the row of second posts of the first wall comprising a first end post at the corner and the row of second posts of the second wall comprising a first end post at the corner as disclosed by Sutelan in order to construct multiple sides of a room.
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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
Prosecution Insights