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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “122” has been used to designate both intermediate groove and intermediate tongue, para. 56. Reference character “156” has been used to designate “first joint”, “engagement point”, and “joint assembly”. Finally, numeral 146 shown in the drawings has no corresponding analog in the written description.
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. 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
Claims 38 and 43 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 38, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. Regarding claim 43, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention
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.
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 nonobviousness.
Claims 32-34, 36-39, and 50 - are rejected under 35 U.S.C. 103 as being unpatentable over Zafir (5,425,210) in view of Bragg (8,938,927).
32. Zafir teaches a composite insulation panel, comprising:
a first shell element 3 and a second shell element 4 surrounding an insulation core 2;
the first shell element comprising a first end, a first shoulder sh1 and a first cheek ch1 extending between the first end and the first shoulder at one end of the composite insulation panel and a second end, a second cheek ch2, the first shoulder comprises an intermediate groove grint, and the second end comprises an intermediate tongue tonint; the second shell element comprises an inner groove grinn substantially parallel to the intermediate groove and an inner tongue toninn substantially parallel to the intermediate tongue; a first thermal break brth1 positioned between the intermediate tongue and the inner tongue and a second thermal break brt2 positioned between the intermediate groove and the inner groove; and wherein the first end, first shoulder, and first cheek are configured to co-operate with a second end, a second shoulder, and a second cheek of a first adjacent composite insulation panel to form a first joint and the second end, second shoulder, and second cheek are configured to co-operate with a first end, a first shoulder, and a first cheek of a second adjacent composite insulation panel to form a second joint, col. 3, lines 50-69 and col. 4, lines 1-27. Zafir does not teach a second shoulder extending between the second end and the second shoulder at the opposing end of the composite insulation panel; wherein the first end comprises an outer groove, and the second shoulder comprises an outer tongue. Bragg teaches a second shoulder sh2 and a second cheek ch2 extending between a second end and the second shoulder at the opposing end of the composite insulation panel; wherein a first end comprises an outer groove go, and the second shoulder comprises an outer tongue to. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a second shoulder extending between the second end and the second shoulder at the opposing end of the composite insulation panel; wherein the first end comprises an outer groove, and the second shoulder comprises an outer tongue for a better panel connection.
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annotated fig. 3 (Zafir)
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Annotated fig. 3 (Bragg)
33. Zafir in view of Bragg teaches the composite insulation panel of claim 32, Zafir in view of Bragg further teaching the outer groove is configured to co-operate with the outer tongue of the first adjacent composite insulation panel, the intermediate groove is configured to co-operate with an intermediate tongue of the first adjacent composite insulation panel, the inner groove is configured to cop-operate with an inner tongue of the first adjacent composite insulation panel, the outer tongue is configured to co-operate with an outer groove of the second adjacent composite insulation panel, the intermediate tongue is configured to co-operate with an intermediate groove of the second adjacent composite insulation panel, and the inner tongue is configured to co-operate with an inner groove of the second adjacent composite insulation panel (the modification of Zafir is to add the Bragg tongue/groove structure, and as such, the elements of each reference combined yields a structure configured as claimed).
34. Zafir in view of Bragg teaches the composite insulation panel of claim 32, Zafir further comprising a recess r on the second cheek.
36. Zafir in view of Bragg teaches the composite insulation panel of claim 32, Zafir further teaching the first shell element and the second shell element are formed from metal, abstract.
37. Zafir in view of Bragg teaches the composite insulation panel of claim 32, Zafir further teaching a thickness of the first shell element and the second shell element is from about 0.1 mm to about 2.0 mm, preferably from about 0.2 mm to about 1.5 mm, col. 5, lines 47-49.
38. Zafir does not expressly teach, as best understood, a thickness of the composite insulation panel is from about 15 mm to about 700 mm. It would have been a matter of obvious design choice for a thickness of the composite insulation panel to be from about 15 mm to about 700 mm for strength.
39. Zafir in view of Bragg teaches the composite insulation panel of claim 32, Zafir further teaching at least one of the first end, second end, first cheek, second cheek, first shoulder, or second shoulder extend the longitudinal length of the composite insulation panel, fig. 1.
50. Zafir teaches a joint assembly, comprising two composite insulation panels, wherein each composite insulation panel comprises:
a first shell element 3 and a second shell element 4 surrounding an insulation core 2;
the first shell element comprising a first end, a first shoulder sh1 and a first cheek ch1 extending between the first end and the first shoulder at one end of the composite insulation panel and a second end, a second cheek ch2, the first shoulder comprises an intermediate groove grint, and the second end comprises an intermediate tongue tonint; the second shell element comprises an inner groove grinn substantially parallel to the intermediate groove and an inner tongue toninn substantially parallel to the intermediate tongue; a first thermal break brth1 positioned between the intermediate tongue and the inner tongue and a second thermal break brt2 positioned between the intermediate groove and the inner groove; and wherein the first end, first shoulder, in the joint assembly, the first end, first shoulder, and first cheek of the first composite insulation panel is co-operably engaged with a second end, a second shoulder, and a second cheek of the second composite insulation panel, col. 3, lines 50-69 and col. 4, lines 1-27. Zafir does not teach a second shoulder extending between the second end and the second shoulder at the opposing end of the composite insulation panel; wherein the first end comprises an outer groove, and the second shoulder comprises an outer tongue. Bragg teaches a second shoulder sh2 and a second cheek ch2 extending between a second end and the second shoulder at the opposing end of the composite insulation panel; wherein a first end comprises an outer groove go, and the second shoulder comprises an outer tongue to. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a second shoulder extending between the second end and the second shoulder at the opposing end of the composite insulation panel; wherein the first end comprises an outer groove, and the second shoulder comprises an outer tongue for a better panel connection.
Claims 40-43 and 45-48 - are rejected under 35 U.S.C. 103 as being unpatentable over Zafir in view of Bragg and Novak (WO 01/77457).
40. Zafir teaches a composite insulation panel, comprising:
a first shell element 3 and a second shell element 4 surrounding an insulation core 2;
the first shell element comprising a first end, a first shoulder sh1 and a first cheek ch1 extending between the first end and the first shoulder at one end of the composite insulation panel and a second end, a second cheek ch2, the first shoulder comprises an intermediate groove grint, and the second end comprises an intermediate tongue tonint; the second shell element comprises an inner groove grinn substantially parallel to the intermediate groove and an inner tongue toninn substantially parallel to the intermediate tongue; a first thermal break brth1 positioned between the intermediate tongue and the inner tongue and a second thermal break brt2 positioned between the intermediate groove and the inner groove; and wherein the first end, first shoulder, and first cheek are configured to co-operate with a second end, a second shoulder, and a second cheek of a first adjacent composite insulation panel to form a first joint and the second end, second shoulder, and second cheek are configured to co-operate with a first end, a first shoulder, and a first cheek of a second adjacent composite insulation panel to form a second joint, col. 3, lines 50-69 and col. 4, lines 1-27. Zafir does not teach a second shoulder extending between the second end and the second shoulder at the opposing end of the composite insulation panel; wherein the first end comprises an outer groove, and the second shoulder comprises an outer tongue. Bragg teaches a second shoulder sh2 and a second cheek ch2 extending between a second end and the second shoulder at the opposing end of the composite insulation panel; wherein a first end comprises an outer groove go, and the second shoulder comprises an outer tongue to. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a second shoulder extending between the second end and the second shoulder at the opposing end of the composite insulation panel; wherein the first end comprises an outer groove, and the second shoulder comprises an outer tongue for a better panel connection.
Finally, Zafir does not expressly teach a system comprising the composite insulation panel and a load spreader plate. Novak teaches a system comprising a composite insulation panel and a load spreader plate 5. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to spread the bolt head load.
41. Zafir in view of Bragg and Novak teaches the composite insulation panel of claim 40, Zafir in view of Novak further teaching the second cheek is configured to receive the load spreader plate.
42. Zafir in view of Bragg and Novak teaches the composite insulation panel of claim 40, Novak further comprising a recess in the second cheek configured to at least partially house the load spreader plate within the recess, fig. 1.
43. Zafir does not expressly teach, as best understood, the load spreader plate is from about 10 mm to about 700 mm in length. It would have been a matter of obvious design choice for the load spreader plate to be from about 10 mm to about 700 mm in length for strength.
45. Zafir in view of Bragg and Novak teaches the composite insulation panel of claim 40, Bragg further comprising an outer seal 29 positioned on the outer tongue or in the outer groove.
46. Zafir in view of Bragg and Novak does not expressly teach an inner seal on the inner tongue or in the inner groove. Bragg teaches a seal 20 on a tongue or groove. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to put an inner seal on the inner tongue or in the inner groove to seal the joint.
47. Zafir in view of Bragg and Novak does not expressly teach an intermediate seal on the intermediate tongue or in the intermediate groove. Bragg teaches a seal 20 on a tongue or groove. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to put an inner seal on the intermediate tongue or in the intermediate groove to seal the joint.
48. Zafir in view of Bragg and Novak teaches the composite insulation panel of claim 40, Zafir further comprising a main fixing member 7.
Claim 35 – is rejected under 35 U.S.C. 103 as being unpatentable over Zafir in view of Bragg and in further view of Tischuk (3,667,180).
Zafir in view of Bragg and Novak does not further comprise an engagement point aligned with the inner groove capable of engaging a secondary fixing member. Tischuk teaches an engagement point (the point where screw 62 enters) aligned with the inner groove capable of engaging a secondary fixing member. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a secondary fixing member for a better connection.
Claim 44 – is rejected under 35 U.S.C. 103 as being unpatentable over Zafir in view of Bragg and Novak and in further view of Loi (2004/0170488).
Zafir in view of Bragg and Novak does not comprise a main seal between the composite insulation panel and the load spreader plate. Loi comprises a main seal between a panel “sheet” and load spreader plate, para. 27. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention have a main seal between the composite insulation panel and the load spreader plate for watertughtness.
Claim 49 – is rejected under 35 U.S.C. 103 as being unpatentable over Zafir in view of Bragg and Novak and in further view of Tischuk.
Zafir in view of Bragg and Novak does not comprise a secondary fixing member. Tischuk teaches a secondary fixing member 62. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a secondary fixing member for a better connection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/Examiner, Art Unit 3633
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