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 Office action is in response to the application filed on 2/21/2025. Currently claims 1-10 are pending in the application.
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 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. 103 that form the basis for the rejections under this section made 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.
The factual inquiries 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 non-obviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, and 9-10 are rejected under 35 U.S.C.103 as being obvious over Ciuperca (US Patent Application Publication Number 2014/0087158 A1), hereafter, referred to as “Ciuperca”, in view of Pereiro et al. (ES 2 192 461 B1), hereafter, referred to as “Pereiro”.
Regarding claim 1, Ciuperca teaches a method for producing a prefabricated element in which:
- a main formwork is provided comprising a bottom wall and a peripheral frame, the bottom wall and the peripheral frame delimiting an inner space,
- a thermal insulation element 16 is placed in the inner space of the main formwork so that the at least one thermal insulation element rests on the bottom wall (result visible in figures 15 and 16), the at least one thermal insulation element and the main formwork being configured so as to delimit at least part of a longitudinal recess extending along each inner longitudinal face of the main form work, and at least part of a transverse recess extending along each inner transverse face of the main formwork (from the peripheral concrete bead),
- a composite construction material, which is hardenable, is poured (the concrete which is made of cement, sand and stones) into the inner space of the main form work so as to at least partially cover the at least one thermal insulation element and to at least partially fill each of the longitudinal and transverse recesses (the peripheral bead),
- the composite construction material is hardened so as to form a load-bearing structure comprising a main wall provided with a first surface turned towards the at least one thermal insulation element 16 and a second surface opposite the first surface, the load-bearing structure further comprising two longitudinal rims extending respectively along two opposite longitudinal edges of the main wall and projecting from the first surface of the main wall and two transverse rims extending respectively along two opposite transverse edges of the main wall and projecting from the first surface of the main wall, the longitudinal and transverse rims also being formed by the hardening of the composite construction material poured into each of the longitudinal and transverse recesses (visible in Figures 43-44), the at least one thermal insulation element being secured to and made inseparable from the load-bearing structure during the hardening of the composite construction material,
- the main formwork surrounding the prefabricated element is removed.
Ciuperca also teaches that the thermal insulation element 16 (Figure 19) comprises a main region which has a quadrangular shape. But Ciuperca fails to explicitly teach that at least one of the upper edges of the main region of the thermal insulation element is rounded or comprises a cut corner. However, Pereiro teaches in Figures 1, 2, 7 and 8, producing panel which comprises an insulation element facilitating the pouring of concrete around the insulation element via cut corners in the lower portion (close to the bottom during moulding) and rounded portions in the upper portion. Therefore, it would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, to incorporate the teaching of Pereiro, and use a known technique of having at least one of the upper edges of the main region of the thermal insulation element is rounded or comprises a cut corner, because that would improving the pourability of the composite construction material during production and also promoting the diffusion of the mechanical stresses in the obtained prefabricated element (KSR Rationale C, MPEP 2143). Since both the references deal with manufacturing of prefabricated building (dwelling) articles, one would have reasonable expectation of success from the combination.
Regarding claim 2, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. It would have been obvious to any ordinary artisan that the thermal insulation element would include a thinned peripheral area which is contiguous to the main area and which extends at least partly around the main area, the thinned peripheral area being configured to form at least partly at least one of the longitudinal and transverse recesses, because that would match the geometry of the insulation to a greater thickness of concrete at the edges.
Regarding claim 3, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. Ciuperca teaches that the composite building material is made from crushed materials, natural materials, or a combination of crushed and natural materials, which are agglomerated by a binder; by teaching that the aggregate used in the concrete includes fine, medium and coarse aggregate, sand, crushed stones (para. [0133]), and mineral based hydraulic binder which acts to adhere mineral particles together (para. [0132]).
Regarding claim 9, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. It would also have been obvious to any ordinary artisan to include a step, prior to the step of placing the at least one thermal insulation element, comprising of placing at least one secondary formwork, provided with an internal frame, in the internal space of the main formwork such that the internal frame rests on the bottom wall; and wherein the at least one thermal insulation element and/or the at least one secondary formwork are configured so as to delimit a secondary recess extending around the secondary formwork and intended to be filled, at least in part, with the composite building material during the pouring step, because that provide an opening in the finished panel.
Regarding claim 10, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. Ciuperca teaches a method, wherein two opposite longitudinal or transverse edges of the load-bearing structure respectively include first and second assembly elements configured to allow the assembly of two prefabricated elements adjacent to each other, by teaching in Figure 28, the set-back hooks 336, that enable, using appropriate means, the assembly of two prefabricated elements adjacent to each other.
Claims 4-6 are rejected under 35 U.S.C.103 as being obvious over Ciuperca (US Patent Application Publication Number 2014/0087158 A1), hereafter, in view of Pereiro et al. (ES 2 192 461 B1), further in view Quintallet (FR 2 931 496 A1), hereafter, referred to as “Quintallet”.
Regarding claims 4-5, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. But Ciuperca, in view of Pereiro fails to explicitly teach that at least one thermal insulation element also includes at least one longitudinal groove which is configured to be filled by the composite building material during the pouring step and/or at least one transverse groove which is configured to be filled by the composite building material during the pouring step, such that the load-bearing structure includes at least one longitudinal reinforcing rib and/or at least one transverse reinforcing rib. However, Quintallet teaches in Fig. 8D, one or more grooves filled with composite and hardenable binding material for increasing the rigidity of the final panel. Therefore, it would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, to incorporate the teaching of Quintallet, and use a known technique of using grooves, and filling the grooves with composite material to form reinforcing ribs, because that would increase the rigidity of the final panel (KSR Rationale C, MPEP 2143). Since the reference deal with manufacturing of prefabricated building (dwelling) articles, one would have reasonable expectation of success from the combination.
Additionally, Quintallet also teaches in Fig. 8D, placing multiple thermal insulation elements in the inner space of the main formwork, two adjacent thermal insulation elements being configured to delimit an intermediate recess configured to be filled with the composite construction material during the pouring step so that the load-bearing structure comprises at least one intermediate reinforcement rib positioned between two adjacent thermal insulation elements.
Regarding claim 6, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. But Ciuperca, in view of Pereiro fails to explicitly teach a step prior to the pouring step of: placing at least one fastening insert, such as a wooden batten for example, in the internal space of the main formwork such that the at least one fastening insert rests on the bottom wall and is disposed between and in contact with two adjacent thermal insulation elements, the at least one fastening insert being secured and made inseparable from the load-bearing structure during the hardening of the composite building material and being configured to receive inner cladding supports. However, Quintallet teaches in Fig. 8A-8C, an assembly of 102-120-108-106, that can be considered an attachment insert. Attachment inserts are embedded directly into concrete before it cures to create permanent, heavy-duty anchor points within the hardened structure. Therefore, it would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, to incorporate the teaching of Quintallet, and use a known technique of a step of attaching attachment inserts prior to the pouring step by placing at least one fastening insert, such as a wooden batten for example, in the internal space of the main formwork such that the at least one fastening insert rests on the bottom wall and is disposed between and in contact with two adjacent thermal insulation elements, the at least one fastening insert being secured and made inseparable from the load-bearing structure during the hardening of the composite building material and being configured to receive inner cladding supports, because that would provide heavy-duty anchor points within the hardened structure (KSR Rationale C, MPEP 2143). Since the reference deal with manufacturing of prefabricated building (dwelling) articles, one would have reasonable expectation of success from the combination.
Claims 7-8 are rejected under 35 U.S.C.103 as being obvious over Ciuperca (US Patent Application Publication Number 2014/0087158 A1), hereafter, in view of Pereiro et al. (ES 2 192 461 B1), further in view of Bratchell (US Patent Number 4,717,114), hereafter, referred to as “Bratchell”.
Regarding claims 7-8, Ciuperca, in view of Pereiro teaches a method of manufacturing a prefabricated article. But Ciuperca, in view of Pereiro fails to explicitly teach to include a step, prior to the pouring step, that comprises of placing at least one insert to be demolded in the internal space of the main formwork such that the at least one insert to be demolded rests on the bottom wall and is adjoined to one of the sides of the peripheral frame. However, Bratchell teaches to provide improvements which allow a more accurate positioning of the shoulder in the aperture provided in the mould. Bratchell teaches that in a bank of sleeper moulds wherein the moulds lie side by side and contain shoulder receiving apertures which locate shoulders during pouring, the improvements including a rocker shaft journalled for rotation with respect to the moulds and having retaining members thereon which retain the shoulders and urge them into engagement with locating means (column 1, lines 50-61). Bratchehell also teaches that the locating means can comprise a withdrawable locating pin which can be withdrawn immediately after pouring, and before the concrete sets, simultaneously wiping any wet slurry from its outer surface and providing clearance for relative movement between the moulds and shoulders which are themselves embedded in the concrete (column 2, lines 13-19). Therefore, it would have been obvious to a person of ordinary skill in the art at the time of filing the claimed invention, to incorporate the teaching of Bratchell, and use a known technique, and to include a step, prior to the pouring step, that comprises of placing at least one insert to be demolded in the internal space of the main formwork such that the at least one insert to be demolded rests on the bottom wall and is adjoined to one of the sides of the peripheral frame, and removing at least one insert to be demolded in order to define a shoulder area (KSR Rationale C, MPEP 2143). Since the references deal with forming concrete structures, one would have reasonable expectations of success from the combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD M AMEEN whose telephone number is (469) 295 9214. The examiner can normally be reached on M-F from 9.00 am to 6.00 pm (Central Time).
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/MOHAMMAD M AMEEN/Primary Examiner, Art Unit 1742
