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 Objections
Claim(s) 22 is/are objected to because of the following informalities:
Claim 22, line 6: “substate” is misspelled.
Appropriate correction is required.
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(s) 1-19, 21-22 is/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.
Regarding claim 1, it is unclear whether or not the final clause can be substituted in place of the immediately preceding clause or any of the preceding clauses.
Regarding claim 9, the one or more sensors as introduced in claim 1 are optional causing a potential antecedent basis issue.
Claim 21 recites the limitation "sensor output" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-8, 10-19, 22 are rejected as being dependent on a rejected base claim.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Jolly (US Pat. 10,502,405 B2).
Regarding claim 1, Jolly discloses an insulated panel, comprising:
a first substrate; a second substrate; an insulation material located between the first substrate and the second substrate (Abstract, lines 2-5: “The sandwich panel (10) has two electrically conductive layers (13, 15) insulated from each other and a layer (11) formed by a board (12, 14) insulated from said electrical layers”);
one or more sensors located at least partially within the insulation material; or one or more light devices operatively coupled to the first substrate or the second substrate (Fig. 1, pins 31, 32. Pins are associated with electrical devices such as LEDs).
Regarding claim 2, Jolly discloses wherein the insulated panel comprises the one or more sensors and the one or more light devices (Col. 4, lines 41-45: “With reference to the figures and as mentioned above, the invention relates to an electrically conductive sandwich panel 10 to which electrical devices are designed to be electrically connected. The term “electrical device” refers to any device or appliance designed to be powered electrically, such as a lighting device, a power outlet, or a sensor”).
Claim(s) 1-6, 16, 20-22 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Baggs (US Pub. 2021/0302260 A1).
Regarding claim 1, Baggs discloses an insulated panel, comprising:
a first substrate (Fig. 1A, sheathing);
a second substrate (Fig. 1A, base coat/mesh);
an insulation material located between the first substrate and the second substrate (Fig. 1A, insulation board);
one or more sensors located at least partially within the insulation material; or one or more light devices operatively coupled to the first substrate or the second substrate (Pg. 3, [0034], lines 1-4: “In other embodiments, a plurality of discrete passive UHF RFID tags based on resistive/inductive/capacitive (RLC) impedance of the RFID sensor antenna are integrated within the insulating panels”).
Regarding claim 2, Baggs discloses wherein the insulated panel comprises the one or more sensors and the one or more light devices (See id).
Regarding claim 3, Baggs discloses a panel hub (Fig. 2B, RFID tag 22), wherein the panel hub is configured to communicate with a main hub (Fig. fixed reader 33) that is configured to communicate with a plurality of panel hubs of a plurality of insulated panels (Pg. 3, [0035], lines 1-7: "In many embodiments, the discrete or panel-integrated RFID sensor tags are used to provide data to determine whether moisture is present within an EIFS drainage plane, and the unique digital code associated with each RFID tag allows the panel where the moisture is detected to be identified, thereby allowing the location of the moisture within an EIFS installation to be determined”).
Regarding claim 4, Baggs discloses a panel hub housing located at least partially within the insulation material, wherein the panel hub housing at least partially encloses the panel hub (Fig. 2B, RFID tag 22 is housed within cavity 26).
Regarding claim 5, Baggs discloses wherein the panel hub housing is made at least partially from the insulation material (Fig. 2B, cavity 26 is within insulation panel 1).
Regarding claim 6, Baggs discloses wherein the panel hub is operatively coupled to the one or more sensors through a wired connection or a wireless connection (Pg. 7, [0090], lines 8-12: “Wireless RFID tag 22 may be electrically connected 25A to the sandwiched metalized layer 20 of sensing membrane 19 and is also may be electrically connected 25B to metalized layer 17”).
Regarding claim 16, Baggs discloses wherein the one or more sensors comprise: one or more temperature sensors, wherein the one or more temperature sensors are configured to indicate the presence of a fire, an issue with the insulated panel, or utilized for climate control of a structure (Pg. 12, [0133], lines 1-5: “In most embodiments, the RFID tags 22 Class 3 sensory capability includes temperature and several additional sensor interfaces that can be configured for the sensory application, such as measuring capacitance, currents, or voltage levels”).
Regarding claim 20, Baggs discloses an insulated panel system, comprising:
a plurality of insulated panels, wherein two or more of the plurality of insulated panels comprise:
a first substrate (Fig. 1A, sheathing);
a second substrate (Fig. 1A, base coat/mesh);
an insulation material located between the first substrate and the second substrate (Fig. 1A, insulation board);
one or more sensors located at least partially within the insulation material, or one or more light devices operatively coupled to the first substrate or the second substrate (Pg. 3, [0034], lines 1-4: “In other embodiments, a plurality of discrete passive UHF RFID tags based on resistive/inductive/capacitive (RLC) impedance of the RFID sensor antenna are integrated within the insulating panels”);
a panel hub operatively coupled to the first substrate, the second substrate, or the insulation material (Fig. 2B, RFID tag 22);
a controller operatively coupled to the panel hub, the one or more sensors or the one or more light devices of the two or more of the plurality of insulated panels (Fig. fixed reader 33), wherein the controller comprises:
one or more memory devices with computer-readable program code stored thereon (Pg. 12, [0131], lines 1-6: “Typically, the wireless and passive RFID tags 22 use transceiver components that do not require an internal power supply such as a battery and are instead powered from the energy of the reading signal. The RFID tags 22 allows user data to be both read and written to a memory location within each RFID tag 22”);
and one or more processing devices operatively coupled to the one or more memory devices, wherein when executed the computer-readable program code is configured to direct the one or more processing devices to: receive sensor output from the one or more sensors and send a sensor notification regarding the sensor output; or provide light commands to the one or more light devices to control the one or more light devices (Pg. 13, [0139], lines 19-22: “The information from the cloud-application 34 can be available through a wireless application running on a smart phone 35 or through another remote computing device such as a tablet or computer”).
Regarding claim 21, Baggs discloses a method of operating an insulated panel system, wherein the insulated panel system (Fig. 1A, insulation board) comprising a plurality of insulated panels (Fig. 5, a plurality of panels are shown), wherein two or more of the plurality of insulated panels comprise one or more sensors located at least partially within insulation material between a first substrate and a second substrate, or one or more light devices operatively coupled to the first substrate or the second substrate (Fig. 2B, RFID tag 22 is housed within cavity 26), and a panel hub located at least partially within the insulation material (Fig. 2, RFID tag 22), the method comprising:
receiving, via one or more processing devices, sensor data from the one or more sensors and sending, via the one or more processing devices, a sensor notification regarding the sensor output; or providing, via the one or more processing devices, light commands to the one or more light devices to control the one or more light devices (Pg. 13, [0139], lines 19-22: “The information from the cloud-application 34 can be available through a wireless application running on a smart phone 35 or through another remote computing device such as a tablet or computer”).
Regarding claim 22, Baggs discloses a method of manufacturing an insulated panel, the method comprising: providing a first substrate (Fig. 1A, sheathing) adjacent a second substrate (Fig. 1A, base coat/mesh);
applying insulation material between the first substrate and the second substrate through continuous manufacturing systems or discontinuous manufacturing systems (Fig. 1A, insulation board);
installing one or more sensors or a panel hub by operatively coupling the one or more sensors or the panel hub to the first substrate, the second substrate, or the insulation material, before or after the insulation material is applied between the first substrate and the second substrate (Fig. 2B, RFID tag 22 is housed within cavity 26);
optionally installing one or more light devices by operatively coupling the one or light devices to the insulated panel.
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) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baggs (US Pub. 2021/0302260 A1) in view of Matheson (US Pat. 7,665,883 B2).
Regarding claim 7, Baggs discloses the claimed invention except for as taught by Matheson, wherein the first substrate or the second substrate comprises a circuit (Col. 6, lines 5-12: “In another embodiment of the present invention a power board comprises one or more layers conductive layers which are formed as conductive stripes which are laterally electrically insulated from each other. This may provide a means for electrically individually addressing a conductive strip by a suitable controller, for example. Conductive stripes can be perpendicularly separated and located in any of the conductive layer locations of the power board”);
and wherein the panel hub and the one or more sensors are operatively coupled through the circuit (The electrical pathways of Matheson would obviously be integrated into the hubs of Baggs).
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 insulated panel of Baggs to include the circuit of Matheson instead of the existing wireless capabilities for improved reliability.
Claim(s) 9-13, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baggs (US Pub. 2021/0302260 A1) in view of Mueller (US Pat. 10,870,990 B1).
Regarding claim 9, Baggs discloses the claimed invention except for as taught by Mueller, one or more electrical connectors, wherein the one or more electrical connectors operatively couple the one or more sensors of the insulated panel with one or more adjacent sensors of one or more adjacent insulated panels through wired connectors (Col. 2, lines 22-31: “For example, building elements such as a closed-panel can include interpanel connectors configured for structural and/or utility connection between building elements of a structure or other substantially closed cavity. An interpanel connector can include a structural connector, a utility connector, or a combination connector that is both a structural and utility connector. In an embodiment, a structural connector can be used to support at least a portion of a load associated with a structure and a utility connector can be used to transfer a utility through a portion of the structure”. Col. 7, lines 39-40: “The connector has sensors embedded in it to locate the position and verify that the connection is adequately made. The sensors provide feedback to the operator”).
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 insulated panel of Baggs to include the electrical connectors between adjoining panels for purposes of communication as taught by Mueller for an improved interface between adjoining panels.
Regarding claim 10, Baggs discloses the claimed invention except for as taught by Mueller, one or more electrical connectors (See id), wherein the one or more electrical connectors are embedded into an edge or end of the insulated panel and operatively couple the insulated panel with one or more adjacent insulated panels when assembled on a structure (Fig. 4, connections are dispersed around the perimeter of a panel).
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 insulated panel of Baggs to include the electrical connectors between adjoining panels for purposes of communication as taught by Mueller for an improved interface between adjoining panels.
Regarding claim 11, Baggs discloses the claimed invention except for as taught by Mueller, one or more pressure sensors, wherein the one or more pressure sensors are configured to indicate structural changes in the insulated panel or a structure on which the insulated panel is installed (Col. 9, line 65 – col. 10, line 9: “One or more types of sensors can be used to obtain such information between and/or on building elements. For example, one type of sensor is a position sensor, which measures the relative position of the coupling mechanism A 508 to the coupling mechanism B 510. One variant of this type of sensor is a proximity sensor. Another type of sensor is one that detects force. An example of a force sensor is a strain gauge that senses the amount of strain between coupling mechanism A 508 and coupling mechanism B 510. Yet another type of force sensor is a structural pressure sensor (in contrast to a hydraulic or pneumatic pressure sensor).
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 insulated panel of Baggs to include the pressure sensors of Mueller to detect changes in structural integrity.
Regarding claim 12, Baggs discloses the claimed invention except for as taught by Mueller, wherein the one or more sensors comprise: one or more position sensors, wherein the one or more position sensors are configured to indicate structural changes in the insulated panel, a structure, or elements within the structure (See id).
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 insulated panel of Baggs to include the position sensors of Mueller to detect changes in position of a panel relative to another panel.
Regarding claim 13, Baggs discloses the claimed invention except for as taught by Mueller, wherein the one or more sensors comprise: one or more location sensors, wherein the one or more location sensors are configured to indicate a location of the insulated panel on a structure (Col. 17, lines 46-49: “Additionally, or alternatively, communication subsystem 1120 can include hardware and/or software components to communicate with satellite-based or ground-based location services, such as GPS (global positioning system)”).
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 insulated panel of Baggs to include the location sensors of Mueller to detect a location of a panel.
Regarding claim 17, Baggs discloses the claimed invention except for as taught by Mueller, one or more humidity sensors, wherein the one or more humidity sensors are configured to indicate an issue with a structure or utilized for climate control of the structure (Col. 6, lines 23-28: “In an embodiment, the panels can have dimensional precision and stability. For example, the panels can be constructed such that a width dimension, a length dimension, and/or a height dimension satisfy respective dimension thresholds over a range of values for at least one environmental condition (e.g., temperature, humidity, etc.)”).
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 insulated panel of Baggs to include the humidity sensors of Mueller to allow for humidity monitoring and reduction.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baggs (US Pub. 2021/0302260 A1) in view of Ogushi (US Pub. 2007/0210916 A1).
Regarding claim 14, Baggs discloses the claimed invention except for as taught by Ogusha, one or more vison sensors, wherein the one or more vision sensors are configured to monitor elements outside or within a structure (Pg. 15, [0223]: “A wired sensor node such as an RF ID reader, a camera and a microphone is connected to single or plural sensor network servers SNS via a wired network WDN. The conversion engine CVEN using the profile PF in the first embodiment and a parser PSR are mounted in the sensor network server SNS to utilize measured data transmitted from the wired sensor node SN and the RF ID reader (or writer) in the sensor network server SNS.
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 insulated panel of Baggs to include the vision sensor in the form of a camera of Ogusha in order to monitor properties the other sensors are incapable of detecting.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baggs (US Pub. 2021/0302260 A1) in view of Hauff (US Pat. 4,768,024).
Regarding claim 15, Baggs discloses the claimed invention except for as taught by Hauff, wherein the one or more sensors comprise: one or more smoke sensors, wherein the one or more smoke sensors are configured to indicate the presence of a fire (Col. 3, lines 46-50: “Additional sensors such as gas or smoke detectors can advantageously be provided in the duct on the outer front surface of its sealing members and their connecting conductors run to the detection device like those for the temperature sensors inside the wall of the building”).
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 insulated panel of Baggs to include the smoke detector of Hauff to alarm occupants in the event of a fire.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baggs (US Pub. 2021/0302260 A1) in view of Lee (US Pub. 2007/0253831 A1).
Regarding claim 18, Baggs discloses the claimed invention except for as taught by Lee, one or more air flow sensors, wherein the one or more air flow sensors are configured to aid in regulating air flow within a structure or utilized for climate control of the structure (Pg. 2, [0027]: “For all three aspects, the at least one sensor may be for sensing at least one of: air flow rate, air pressure, air temperature, air particle count sensor, and air humidity. The at least one sensor may be locatable in, on, above or underneath a ceiling panel of the air ventilated facility and/or a fan filter unit, on top of the at least one fan filter unit, attached to an exterior casing of the at least one fan filter unit, above the ceiling panel; and may be able to be operatively connected to the control system by one of: wirelessly, by a control cable in common with the at least one fan filter unit, and by a control cable independent of the at least one fan filter unit”).
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 insulated panel of Baggs to include the air flow sensor of Lee to enable control of the building’s HVAC systems.
Allowable Subject Matter
Claim(s) 8, 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
