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 .
Election/Restrictions
Applicant's election with traverse of claims 1-13 in the reply filed on 6/29/2026 is acknowledged. The traversal is on the ground(s) that there is not a patentable distinction between inventions I and II, that the apparatus cannot be made by a materially different. This is not found persuasive because a wall structure of different enclosures or structures is suitably different from applicants structures. Furthermore, the products can be manufactured using materials that aren’t identical and material can be removed to arrive at the claimed products. The different inventions would require searching different areas, employing different search strategies and queries that would place an undue burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 4 is objected to because of the following informalities: the claim recites “the first layer f wood”. 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.
Claims 1-13 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.
Claim 1 recites “referred to as the rare wood”. It is unclear if the first layer or the first wood is “the rare wood”. Furthermore, it is unclear if the wood needs to be a rare wood.
Claim 1 recites “a first layer of a first wood” and the remainder of the claims refer to “the first layer of wood”. It is unclear if these are the same layers since they have inconsistent language.
Claim 1 recites “being a layer of a second wood different from the first wood”. It is unclear if there are different types of wood required or if the layers are distinct members.
Claim 1 recites “referred to as the assembly face” for two separate components. It is unclear if they are intended to be different components or if they are intended to be the same component.
Claim 1 recites the limitation "the ends" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “each of which” in line 16. It is unclear if each refers to the layers or the ends.
Regarding claim 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
The term “and even better” in claim 1 is a relative term which renders the claim indefinite. The term “even better” 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.
Claim 2 recites “one or more elongate tenons”. It is unclear if these are the same tenons recited in claim 1.
Claim 2 recites the limitation "the longitudinal axis" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 6 recites the limitation "the ends" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites “this tenon has rounded corners”. It is unclear what tenon this is referring to.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 1, 8 and 9 recites broad ranges, and the claims also recite narrower ranges/limitations. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The term “and even better” in claim 9 is a relative term which renders the claim indefinite. The term “even better” 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.
Claim 11 recites the limitation "the central portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the width" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the longitudinal ends" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the corresponding end or ends" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kenealy (US 11027880 B1) discloses a dual-species stave 10 formed from interior stave portion 11 and exterior stave portion 12, with a sliding dovetail connection. The sliding dovetail is a method of joining two members at right angles, where the intersection occurs within the field of one of the members that is not at the end. This joint provides the interlocking strength of a dovetail. Sliding dovetails are assembled by sliding the tail 14 into the channel 15 along some longitudinal length of the respective members.
Allowable Subject Matter
Claims 1-13 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to teach a stave wood consisting of the claimed first and second layers wherein the first and second layers are joined together exclusively by a mortice and tenon joint with no adhesive binder, the joint being a negative clearance joint.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/ Primary Examiner, Art Unit 3733
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