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 .
Specification
The disclosure is objected to because of the following informalities: Reference numeral 201A is used do designate two different structures, nodes (par 0030) and bamboo strips (par 0043) and reference numeral 2 is used to designate a wing (line 8 in par 0031) and flange (lines 1-3 in par 0031).
Appropriate correction is required.
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(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2021/0355673 to Sands et al. (“Sands”).
Regarding claim 1, Sands discloses a glued laminated bamboo beam (Fig. 4 or Fig. 5), comprising a plurality of bamboo strips (series of rectangular slats, each strip ending at bold line labeled as “end joints” in Fig. 4), the bamboo strips being glued to form a structural element having at least one laminated bamboo layer, the bamboo strips having a plurality of nodes (labeled as “Node Joints” in Fig. 4), wherein the nodes of the bamboo strips being at least partially staggered or/and being staggered from a middle portion of the structural element.
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, and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,561,373 to McDonald (“McDonald”) in view of U.S. Publication No. 2021/0355673 to Sands et al. (“Sands”).
Regarding claim 1, McDonald discloses a glued laminated bamboo beam 10, comprising a plurality of bamboo strips 30, the bamboo strips being glued to form a structural element having at least one laminated bamboo layer, the bamboo strips each inherently having a plurality of nodes, but does not expressly disclose that the nodes of the bamboo strips being at least partially staggered or/and being staggered from a middle portion of the structural element.
Sands discloses a laminated bamboo structure (Sands Fig. 4) wherein nodes (labeled as “Node Joints” in Fig. 4) of the bamboo strips being at least partially staggered or/and being staggered from a middle portion of the structural element provide for a bamboo structure with uniform characteristics (Sands par 0065).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the beam of McDonald to have the nodes of the bamboo strips being at least partially staggered or/and being staggered from a middle portion of the structural element as taught in Sands with a reasonable expectation of success because it would provide for a bamboo structure with uniform characteristics.
Regarding claim 2, McDonald in view of Sands discloses that the structural element includes a web 20 and at least one flange 22, 24 connected to the web.
Regarding claim 4, McDonald in view of Sands discloses that the web 20 or/and the flange 22, 24 include a plurality of said laminated bamboo layers 26, 28, 48, 50, 52, 54.
Regarding claim 5, McDonald in view of Sands discloses that the web 20 include at least laminated bamboo layers 26, 28 each laminated bamboo layer defines an arrangement direction along a direction of the bamboo strips to be arranged, and the arrangement direction of one of the laminated bamboo layers is different from the arrangement direction of an adjacent one of the laminated bamboo layers (see Fig. 4, 26 and 28 extend in opposing directions); but does not disclose that the three instead of only two layers. It has been held that a mere duplication of parts, such as the duplication of the laminated bamboo layers, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955).
Regarding claim 6, McDonald in view of Sands discloses that the bamboo strips 28, 30, 38-54 each have wider sides, and the wider sides of the bamboo strips of the flange are arranged and glued in sequence.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDonald in view of Sands as applied to claim 2 above, and further in view of U.S. Patent No. 4,967,534 to Lines (“Lines”).
Regarding claim 3, McDonald in view of Sands does not disclose that the flange has a connecting groove, the web has a connecting portion corresponding to the connecting groove and an overflow portion adjacent to the connecting portion, and the connecting portion and the overflow portion are coated with an adhesive.
Lines discloses a beam comprising a flange (Lines 12) that has a connecting groove (Lines 32), a web has a connecting portion (Lines 17)corresponding to the connecting groove and an overflow portion (Lines 106) adjacent to the connecting portion, and the connecting portion and the overflow portion are coated with an adhesive (Lines col 10, ln 37-39).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the beam of McDonald to have the flange with a connecting groove, the web has a connecting portion corresponding to the connecting groove and an overflow portion adjacent to the connecting portion, and the connecting portion and the overflow portion are coated with an adhesive as taught in Lines with a reasonable expectation of success because it would provide for a secure connection between the web and flange.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sands in view of U.S. Patent No. 2022/00649979 to Olivegreen (“Olivegreen”).
Regarding claim 7, Sands does not disclose that the plurality of bamboo strips are arranged and glued in sequence along a circumferential direction so that the structural element is in the form of a cylindrical structural element.
Olivegreen discloses a laminated wood structure (Olivegreen 1) where a plurality of wood strips are arranged and glued in sequence along a circumferential direction so that the structural element is in the form of a cylindrical structural element (Olivegreen 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the beam of Sands to have the plurality of bamboo strips arranged and glued in sequence along a circumferential direction so that the structural element is in the form of a cylindrical structural element as taught in Olivegreen with a reasonable expectation of success because it would provide for a desired structural shape for use as columns.
Conclusion
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633
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