Office Action 1: Non-Final Rejection (2024-06-06)
Rejection types: 103 - Obviousness, 112 - Written Description/Enablement

CLAIMS:
AMENDMENTS TO THE CLAIMS

 Claim 1, wherein the lower part has a horizontally aligned part and an upstanding

member running along at least part of its length.

1\. (currently amended) A composite floor beam for use in a workpiece structure having at least one floor and at least one ceiling and utilities therein, the composite floor beam comprising an upper part made from a first material comprising wood extending substantially along the length of the beam and a lower part made from a second material comprising metal extending substantially along the length of the beam, wherein the upper part comprises an upper surface and a lower surface, wherein the lower part comprises an upper surface and a lower surface, wherein the upper surface of the upper part is designed to be arranged horizontally to support \[\[a\]\] the workpiece floor above, wherein the upper surface of the upper part is parallel to the lower surface of the lower part, wherein the lower surface of the lower part is designed to be arranged horizontally for attachment to \[\[a\]\] the workpiece ceiling below, wherein at least one of the lower surface of the upper part and the upper surface of the lower part is irregular, and wherein the lower surface of the upper part and the upper surface of the lower part define apertures between them for the workpiece utilities, the apertures passing from a first side of the beam to a second side of the bea transverse to the direction of the length of the beam and between the ends of the beam.
2\. (currently amended) A composite floor beam according to Claim 1, characterised in that the the second material comprises steel.
3\. (currently amended) A composite floor beam according to Claim 1, characterised in that both the lower surface of the upper part is irregular, Orand the upper surface of the lower part is irregula.
4\. (currently amended) A composite floor beam according to Claim 3, wherein the apertures are defined between the irregular lower surface of the upper part and \[\[an\]\] the irregular upper surface of the lower part.

5\. (currently amended) A composite floor beam according to Claim 3 \[\[or 4\]\],
wherein the lower surface of the upper part is wave like.
6\. (currently amended) A composite floor beam according to A composite floor beam according to

Claim 3, wherein a plurality of lowest points on the lower surface of the upper part comprises an upstanding slot running in the direction of the length of the upper part.
7\. (currently amended) A composite floor beam according to

8\. (original) A composite floor beam according to claim 7, wherein the upper surface of the upstanding member of the lower part is wave like.
9\. (currently amended) A composite floor beam according to A composite floor beam according to

Claim 8, wherein the upstanding member of the lower part engages with the upstanding slot of the upper part.

10\. (currently amended) A composite floor beam according to claim 7, wherein the irregular lower surface of the upper part rests on \[\[a\]\]the horizontally aligned part of the lower part.

11\. (currently amended) A composite floor beam according to claim 10, further comprising tabs depending from the upper part and tabs upstanding from the lower part, whereinthe depending tabs of the upper part are fastene to the upstanding tabs of the lower part.

12\. (currently amended) A composite floor beam according to claim 10 \[\[or 11\]\], wherein the ends of each upper part are identical in cross section.

13\. (canceled)

14\. (currently amended) A floor panel assembly, comprising:a composite floor beam in accordance with a composite floor beam in accordance with and a floor panel to which the upper surface of the upper part is joined .

15\. (currently amended) \[\[A\]\] The floor panel assembly of claim 14,comprising a plurality of support columns , joined to a floor panel.

16\. (currently amended) A method of making \[\[a\]\] the composite floor beam in of claim 1, wherein the method comprises:providing a piece of material , wherein the piece of material is selected from the group consisting of: a cuboid piece of timber and an I-section steel beam,and
cutting the piece of material in a wave form about half way from an upper surface and a lower surface of the piece of material , varying according to the point on the wave form, so as to produce a pair of approximately similar parts,each of the parts being usable as an upper part of the structural beam.

17\. (canceled)

18\. (currently amended) The method of Claim 16 , wherein the method further comprises cutting \[\[a\]\] at least one slot in a lower surface of the upper part.

19\. (currently amended) The method of Claim 16 , wherein the method further comprises
 arranging an upstanding part of the lower part in the at least one slot in the lower surface of the upper part.

20\. (currently amended) The method of Claim 16 , wherein the method further comprises releasably fastening the upper part to the lower part.

21\. (new) A structural beam according to Claim 10, wherein the ends of each lower part are identical in cross section.

22\. (new) A method of installing a floor assembly, comprising:providing a plurality of support columns and at least one floor panel;
joining a plurality of the composite floor beams of Claim 1 to the support columns; and
joining the at least one floor panel to the upper surface of the upper part of the composite floor beams.

OFFICE ACTION:
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 .
Status of Claims
Claims 1-12, 14-16 and 18-22 presented via Preliminary Amendment are pending and subject to examination in this Office action.  Claims 13 and 17 were canceled in the noted amendment.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/15/2024 is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statement has been considered by the Examiner.
Drawings
Figures 1-4B should be designated by a legend such as --Prior Art-- because only that which is old is illustrated.  See MPEP § 608.02(g).  Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 Objections
Claims 2-12 (preamble) are objected to because of the following informalities: “A composite floor beam according…” should be --The composite floor beam according…. --. Appropriate correction is required.
Claim 21 (preamble) is objected to because of the following informalities: “A structural beam according to…” should be --The composite floor beam according to…. --. Appropriate correction is required.
Specification
Per MPEP § 606, the word “a” should not be included as the first word of the title of the invention and will be deleted when the Office enters the title into the Office’s computer records.  Accordingly, the title of the invention is now reflected in the Office’s records as: COMPOSITE FLOOR BEAM.
The abstract of the disclosure is objected to because it is not limited to a single paragraph.  Correction is required.  See MPEP § 608.01(b).
The disclosure (p. 3, l. 17 – p. 4, l. 2) is objected to because it mentions claim numbers.  Claim numbers are subject to change during prosecution.  Correction is therefore required.
The disclosure is further objected to because it solely refers to metric (S.I.) units of measure in numerous locations without a parenthetical reference to the equivalent English units.  See MPEP 608.01(IV).  Applicant is encouraged to bring the present disclosure into conformance with prevailing U.S. practice.
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.
Claims 1-12, 14-16 and 18-22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding independent claim 1, the first recitation of “the length [of the beam]” lacks proper antecedent basis.
Regarding claim 1, the word “them” is recited.  To which previously recited structure is this word referring?
Regarding claim 1, the term “the direction [of the length]” lacks proper antecedent basis.
Regarding claim 1, the term “the ends [of the beam]” lacks proper antecedent basis.
Regarding claims 5 and 8, the term “wave like” is recited.  In this regard, the relative word “like” renders the claim indefinite because “like” infers that the claims are additionally directed to structural components other than the one claimed.  Clarification is requested.
Regarding claim 6, the term “the direction” and “the length” lack proper antecedent basis.
Regarding claim 7, the word “its” is recited.  To which previously recited structure is this word referring?
Regarding claim 9, the term “the upstanding slot” lacks proper antecedent basis.
Regarding claims 12 and 21, the term “the ends” lacks proper antecedent basis.
Regarding claim 15, the term “a floor panel” is recited.  Is this floor panel the same as or different from the previously recited floor panel?
Claim 16 (which depends from claim 1) is ambiguous because it only addresses making the upper part of the beam.  In this regard, it is unclear as to how the lower part of the beam is made.  Clarification is requested.
Regarding claim 16, the term “the structural beam” lacks proper antecedent basis.
Accordingly, the pending claims will be interpreted as best understood.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-12, 14-16 and 18-22 are rejected under 35 U.S.C. 103 as unpatentable over Kim (U.S. Patent Application Publication No. 2011/0265422), in view of Robak (U.S. Patent Application Publication No. 2005/0086898).
Regarding independent claim 1, and dependent claims 2, 3, 5 and 8, as best understood, Kim describes a composite floor beam for use in a workpiece structure having at least one floor and at least one ceiling and utilities therein (Fig. 15), the composite floor beam comprising
an upper part (200; Fig. 15) made from a first material extending substantially along the length of the beam and
a lower part (300) made from a second material comprising steel extending substantially along the length of the beam,
wherein the upper part comprises an upper surface and a lower surface (Fig. 15),
wherein the lower part comprises an upper surface and a lower surface (Fig. 15),
wherein the upper surface of the upper part is designed to be (i.e., capable of being) arranged horizontally to support the workpiece floor above (Fig. 15),
wherein the upper surface of the upper part is parallel to the lower surface of the lower part (Fig. 15),
wherein the lower surface of the lower part is designed to be (i.e., capable of being) arranged horizontally for attachment to the workpiece ceiling below (Fig. 15),
wherein each of the lower surface of the upper part and the upper surface of the lower part has an irregular shape (Fig. 15), wherein the irregular shape of the lower surface of the upper part is a first waveform shape and the irregular shape of the upper surface of the lower part is a second waveform shape (Fig. 15), and
wherein the lower surface of the upper part and the upper surface of the lower part define apertures (i.e., apertures that receive equipment 900) between them for the workpiece utilities, the apertures passing from a first side of the beam to a second side of the beam transverse to the direction of the length of the beam and between the ends of the beam (Fig. 15).
Kim does not appear to expressly describe that the upper part of its composite beam comprises wood.  As evidenced by Robak, it was old and well-known in the beam art to utilize wood for such beams (Abstract).  It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize wood for the upper part of the beam with a reasonable expectation of success because doing so would reduce the overall weight of the beam, while maintaining its structural integrity.  Such combination of known prior art elements that merely yields predictable results would have been obvious to one skilled in the art.  KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 415-16.
Accordingly, Kim as modified by Robak results in the claimed invention.
Regarding claim 4, wherein the apertures are defined between the irregular lower surface of the upper part and the irregular upper surface of the lower part (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 6, wherein a plurality of lowest points on the lower surface of the upper part comprises an upstanding slot running in the direction of the length of the upper part (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 7, wherein the lower part has a horizontally aligned part and an upstanding member running along at least part of its length (see e.g., vertical stiffener 500 of Kim; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 9, wherein the upstanding member of the lower part engages with the upstanding slot of the upper part (see e.g., vertical stiffener 500 of Kim; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 10, wherein the irregular lower surface of the upper part rests on the horizontally aligned part of the lower part (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 11, further comprising tabs depending from the upper part and tabs upstanding from the lower part, wherein the depending tabs of the upper part are fastened to the upstanding tabs of the lower part (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 12, wherein the ends of each upper part are identical in cross section (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 14, Kim as modified by Robak discloses a floor panel assembly, comprising a composite floor beam in accordance with Claim 1, and a floor panel to which the upper surface of the upper part is joined (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 15, comprising a plurality of support columns joined to a floor panel (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 16, Kim as modified by Robak discloses a method of making the composite floor beam of claim 1, wherein the method comprises:
providing a piece of material, wherein the piece of material is selected from the group consisting of: a cuboid piece of timber and an I-section steel beam, and
cutting the piece of material in a wave form about half way from an upper surface and a lower surface of the piece of material, varying according to the point on the wave form, so as to produce a pair of approximately similar parts, each of the parts being usable as an upper part of the structural beam (see e.g., ¶¶ [0077], [0078] of Kim; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 18, wherein the method further comprises cutting at least one slot in a lower surface of the upper part (see e.g., ¶¶ [0077], [0078] of Kim; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 19, wherein the method further comprises arranging an upstanding part of the lower part in the at least one slot in the lower surface of the upper part (see e.g., ¶¶ [0077], [0078] of Kim; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 20, wherein the method further comprises releasably fastening the upper part to the lower part (see e.g., ¶¶ [0077], [0078] of Kim; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 21, wherein the ends of each lower part are identical in cross section (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Regarding claim 22, Kim as modified by Robak discloses a method of installing a floor assembly, comprising:
providing a plurality of support columns and at least one floor panel;
joining a plurality of the composite floor beams of Claim 1 to the support columns; and
joining the at least one floor panel to the upper surface of the upper part of the composite floor beams (see e.g., Kim Fig. 15; Robak Figs. 3, 5, 7, 10,11, 13 and 14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Refer to the attached Form PTO-892.
Authorization for Email Communication – In the event Applicant wishes to communicate with the Examiner via electronic mail, written authorization should be provided in Applicant’s next response.  See MPEP § 502.03.  The following is a sample authorization form which may be used by Applicant:
Recognizing that Internet communications are not secure, we hereby authorize the USPTO to communicate with any authorized representative concerning any subject matter of this application by electronic mail.  We understand that a copy of these communications will be made of record in the application file.

APPLICANT REBUTTAL: REMARKS
Claims 1-12, 15, and 21 have been amended.
No new matter has been added.
The undersigned is grateful to the Examiner for his attempts to conduct a telephonic interview prior to this Office Action.
Drawings
Replacement drawing sheets 1-4 are submitted herewith in accordance with the Office Action.
Claim Objections
Claims 2-12 and 21 have been amended in accordance with the Examiner's suggestions.
Specification
The correction of the title of the application to "Composite Floor Beam" is acknowledged.
The Abstract has been amended in accordance with the Office Action. In addition, reference numbers have been deleted from the Abstracts.
The specification has been amended in accordance with the Office Action to remove claim numbers from the specification.
The specification has been amended in accordance with the Examiner's suggestion to provided a parenthetical reference in equivalent English units adjacent to metric units.
35 USC
X
Claims 1, 6, 7, 9, 12, 15, 16 and 21 have been amended to correct the rejections of the Office Action
Claims 5 and 8 have been amended to correct the rejections of the Office Action. It is noted that the term "wave like" was used to describe the shape of the lower surface of the upper part, and has its ordinary meaning of shaped "like a wave." That claim language was not directed to structural components other than the one claimed.
35 U
SC &103
Claims 1-12, 14-16
,
and 18-22
Claims 1-12, 14-16, and 18-22 were rejected under 35 USC §103 as being unpatentable over U.S. Patent Application Publication No. 2011/0265422 of Kim et. al. ("Kim") in view of U.S. Patent Application Publication No. Robak et al. ("Robak").
This rejection is respectfully traversed.
Independent claim 1 claims, among other elements, a "composite floor beam for use in a workpiece structure having at least one floor and at least one ceiling and utilities therein, the composite floor beam comprising an upper part made from a
first material comprising wood
extending substantially along a length of the beam and a lower part made from a
second material com
p
risin
g
metal
extending substantially along the length of the beam." (emphasis added).
Neither Kim nor Robak teach or suggest a composite beam that includes a first material comprising wood and a second material comprising metal, much less an upper part made from a first material comprising wood extending substantially along a length of the beam and a lower part made from a second material comprising metal extending substantially along the length of the beam.
Kim is directed to a composite beam fabricated from
steel and concrete.
(Kim; e.g., paragraph [0001]). This follows from the fact that the technical problem to be solved is manufacturing "a composite beam using T-shaped steel that can reduced a pre-stressed concrete
(PC) cross section". (Kim, paragraph [0013]). Kim solves this problem by casting concrete into spaces formed by a web of the steel components. (Kim, e.g., paragraphs [0015] - [0017]). Thus, Kim solves the technical problem with a combination of steel and concrete, in part because concrete can be poured into a web.
Kim does not mention timber or wood once,
because wood and concrete are entirely different materials with entirely different material properties. For example, it is not possible to cast wood in the manner that one can cast concrete. Thus, Kim fails to teach or suggest a composite beam that includes a first material comprising wood and a second material comprising metal
Robak does not remedy the deficiency of Kim. Robak is directed to an engineered wood beam. (Robak, e.g., paragraph [0001]). Robak teaches creating "a blank 20 of wood containing material cut and reformed into a castellated beam 21." (Robak, paragraph [0021]). At no location in its disclosure does Robak mention any kind of metal, much less a composite beam that would utilize both wood and metal. Thus, Robak fails to teach or suggest a composite beam of any kind, much less one that includes a first material comprising wood and a second material comprising metal.
Indeed, combining Robak with Kim would render Kim unsuitable for its intended
purpose. (MPEP 2143.01(V)). Wood cannot be cast like concrete, which is what Kim teaches. Even if Kim could somehow combine wood and steel, the material properties of wood are significantly different from those of concrete.
Further, modifying Kim with Robak would impermissibly change the principle of operation of Robak. (MPEP 2143.01(VI). Because wood cannot be cast like concrete, Kim would have to develop an entirely different kind of composite beam that combined wood and steel in the same way as concrete and steel, if that even would be possible.
Finally, at page 6 of the Office Action, the Office Action asserts that Kim discloses
certain features of Claim 1. In particular, at page 6, line 6 the Office Action characterizes Kim as having a "lower part 300". This characterization misinterprets Kim. Referring to Figure 5, and paragraphs [0079] and [0080], of Kim, the lower part 300 is formed when an I shaped steel 100 is cut in half to form T shaped parts 200 and 300. It is the intention of Kim that
each of 200 and 300
is used to make an upper part of a beam, as evidenced by paragraph [0079], as well as the labelling "200 (300)" in Figure 7 meaning parts 200 and 300 are interchangeable as the upper part. Therefore. part 300 would not be used as the lower part. The Office Action also incorrectly characterizes Figure 15 of Kim as showing that the upper surface of the lower part is irregular. Figure 11 of Kim, taken on line C-C in Figure 10, shows the point where the upper and lower parts combine to define a recess for ducting. At line C-C, the upper surface of the lower part is not irregular; in contrast, rectangular section reinforcement 550 has a flat upper surface.
For the reasons set forth above, independent claim 1 is believed to be in condition for
allowance. Consequently, the remaining claims, all of which depend from claim 1, are believed to be in condition for allowance as well.
With regard to dependent claim 4, in the extremely unlikely event the skilled person
replaces the upper part 200 of Kim with the upper part 22 of Robak as proposed on page 7 of the Office Action, that combination
still does not yield
a composite beam having an upper part with an irregular lower surface and a lower part with an irregular upper surface.
With regard to dependent claim 9, the vertical stiffener 500 in Kim does not engage in an upstanding slot.
With regard to dependent claim 10, the irregular lower surface of the upper part 200 in Kim does not rest on a horizontally aligned part of the lower part, as shown at Figures 13 and Figure 14
.
REQ
UEST FOR ALLOWANCE
The pending claims are believed to be in condition for allowance, and allowance of the
pending claims is respectfully solicited. The Examiner is invited to contact the undersigned if he feels that this may expedite, or otherwise assist, in the prosecution of this application.
Respectfully submitted, /Brian Schar/

NEXT OFFICE ACTION: 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 .
Status of Claims
Claims 1-12, 14-16 and 18-22 are pending and subject to examination in this Office action.  Claims 13 and 17 were previously canceled.
Drawings
Replacement Figures 1-4B are objected to for at least the following reasons:
Figures 1-4B are objected to because the PRIOR ART label should be placed adjacent to or under the respective Figure label (e.g., FIGURE 1 (PRIOR ART), FIGURE 2A (PRIOR ART), etc.); and
Figures 1-4B are further objected to because the character of the lines, numbers, and letters is poor and appears to be very pixelated.
Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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.
Specification
The abstract of the disclosure filed on 23 September 2024 is objected to because it does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b).  A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
Claim Objections
Regarding claim 14 (1st limitation), it appears that “a composite floor beam in accordance with Claim 1” should be amended as follows: --[[a]] the composite floor beam according to Claim 1--.
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.
Claims 1-12, 14-16 and 18-22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding independent claim 1, the phrases “an upper part made from a first material comprising wood” and “a lower part made from a second material comprising metal” is recited.  Applicant appears to assert that this claim language requires an upper part composed entirely of wood and a lower part composed entirely of steel.  However, the open-ended recitations directed to “a first material comprising” and “a second material comprising” do not exclude additional, unrecited materials.  Accordingly, clarification is requested.
Further regarding claim 1, the phrase “wherein at least one of the lower surface of the upper part and the upper surface of the lower part is irregular” is recited.  In this regard, it is unclear as to what the word “irregular” is intended to mean.  The Examiner notes that the specification only discusses “irregular” in conjunction with a wave form shape of the lower surface of the upper part and the upper surface of the lower part.  However, this wave form shape requirement is set forth in certain dependent claims, but not claim 1.  As such, in light of the doctrine of claim differentiation, the scope of claim 1 is indefinite and ambiguous.  Clarification is therefore requested.
Claim 16 (which depends from claim 1) appears to attempt to require less structure than required by claim 1 (by utilizing the phrase “a portion of the composite floor beam of claim 1”), and is ambiguous because it only addresses making the upper part of the beam.  Thus, it is unclear as to how the lower part of the beam is made.  Clarification is requested.
Allowable Subject Matter
The following proposed amendments would appear to overcome the clarity rejections set forth above and place this application in condition for allowance:
1. (currently amended) A composite floor beam configured for use in a workpiece structure having at least one floor and at least one ceiling and utilities therein, the composite floor beam comprising:
an upper part composed of wood, the upper part extending substantially along a length of the beam, and
a lower part composed of steel, the lower part extending substantially along the length of the beam,
wherein the upper part comprises an upper surface and a lower surface,
wherein the lower part comprises an upper surface and a lower surface,
wherein the upper surface of the upper part is configured to be positioned horizontally to support the workpiece floor above,
wherein the upper surface of the upper part is parallel to the lower surface of the lower part,
wherein the lower surface of the lower part is configured to be positioned horizontally for attachment to the workpiece ceiling below,
wherein at least one of the lower surface of the upper part and the upper surface of the lower part [[is]] has an irregular, waveform shape, and
wherein the lower surface of the upper part and the upper surface of the lower part define apertures therebetween for the workpiece utilities, the apertures passing from a first side of the beam to a second side of the beam transverse to a direction of the length of the beam and between distal ends of the beam.
2. (canceled).
3. (currently amended) The composite floor beam according to Claim 1, characterised in that both the lower surface of the upper part has the irregular, waveform shape.
5. (currently amended) The composite floor beam according to Claim 3, wherein the irregular, waveform shape of the lower surface of the upper part is a first waveform shape and the irregular, waveform shape of the upper surface of the lower part is a second waveform shape
14. (currently amended) A floor panel assembly, comprising:
[[a]] the composite floor beam according to Claim 1, and
a floor panel to which the upper surface of the upper part is joined.
16. (currently amended) A method of making
providing a piece of first material and a piece of second material, wherein the piece of first material is the piece of second material is an I-section steel beam, and
cutting [[the]] each piece of material in the irregular, waveform shape about half way from an upper surface and a lower surface of [[the]] each piece of material, varying according to [[the]] a point thereon first parts and a pair of approximately similar second parts, each of the first parts being usable as an upper part of the composite floor beam and each of the second parts being usable a lower part of the composite floor beam.
23. (new) The composite floor beam according to Claim 5, wherein the first waveform shape and the second waveform shape are identical.
24. (new) The composite floor beam according to Claim 5, wherein the first waveform shape and the second waveform shape are different.
Response to Arguments
Applicant’s arguments submitted on 23 September 2024 have been considered but are moot in light of the new grounds of rejection set forth above.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Authorization for Email Communication – In the event Applicant wishes to communicate with the Examiner via electronic mail, written authorization should be provided in Applicant’s next response.  See MPEP § 502.03.  The following is a sample authorization form which may be used by Applicant:
Recognizing that Internet communications are not secure, we hereby authorize the USPTO to communicate with any authorized representative concerning any subject matter of this application by electronic mail.  We understand that a copy of these communications will be made of record in the application file.

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Ref US3263387A: Claims:
A FABRICATED NON-SYMMETRICAL BEAM COMPRISING, IN COMBINATION, AN ELONGATED SUBSTANTIALLY PLANAR WEB HAVING ONE CONTINUOUS LONGITUDINAL EDGE AND ITS OTHER LONGITUDINAL EDGE SERRATED IN A TOOTHED CONFIGURATION; AN ELONGATED SUBSTANTIALLY PLANAR FIRST FLANGE DISPOSED PERPENDICULAR TO SAID WEB IN ENGAGEMENT WITH SAID CONTINUOUS LONGITUDINAL EDGE AND SECURED THERETO; AN ELONGATED SUBSTANTIALLY PLANAR SECOND FLANGE DISPOSED PERPENDICULAR TO SAID WEB IN ENGAGEMENT WITH SAID OTHER SERRATED LONGITUDINAL EDGE AND SECURED THERETO; AND SUPPORT MEANS FOR LOADING THE BEAM IN A PREDETERMINED RELATIONSHIP PLACING SAID FIRST PLANAR FLANGE IN COMPRESSION AND SAID SECOND PLANAR FLANGE IN TENSION; THE CROSS-SECTIONAL CONFIGURATION OF THE BEAM BEING SUCH THAT IN THE REGION OF MINIMUM CROSS-SECTIONAL AREA THE EQUATION
Ref US3481091A: [content unavailable]
Ref US20050086898A1: Claims:
A castellated beam, comprising: a first beam section, said first beam section having a cut line pattern defining a plurality of first beam section lands and first beam section grooves; and, a second beam section, said second beam section having a cut line pattern defining a plurality of second beam section lands and second beam section grooves, said first beam section lands being connected with said second beam section lands; wherein said castellated beam contains wood.
a first beam section, said first beam section having a cut line pattern defining a plurality of first beam section lands and first beam section grooves; and,
a second beam section, said second beam section having a cut line pattern defining a plurality of second beam section lands and second beam section grooves, said first beam section lands being connected with said second beam section lands;
wherein said castellated beam contains wood.
The castellated beam of claim 1 , wherein the first beam section is connected with the second beam section by at least one of an adhesive, and mechanical fastener.
The castellated beam of claim 1 , wherein the cut line pattern is configured to form at least one of a circle, ellipse and polygon.
The castellated beam of claim 1 , wherein the beam is at least one of a solid lumber and engineered wood product.
The castellated beam of claim 4 , wherein the engineered wood product is at least one of an oriented strand lumber, oriented strand board and parallel strand lumber.
The castellated beam of claim 1 , wherein the castellated beam is at least one of a straight beam or tapered beam.
The castellated beam of claim 6 , wherein the castellated beam is at least one of an I-beam or T-beam.
The castellated beam of claim 1 , further comprising spacers between and connected with the first beam section and the second beam section.
A method of forming a wood containing beam, comprising: providing a wood containing blank, said wood containing blank having a longitudinal axis; cutting the wood containing blank along a cut line pattern to divide the wood containing blank into a first beam section and a second beam section; said cut line pattern defining a plurality of first beam section lands, first beam section grooves, second beam section lands and second beam section grooves; aligning the first beam section land with the second beam section lands; and, fastening the first beam section lands with the second beam section lands.
providing a wood containing blank, said wood containing blank having a longitudinal axis;
cutting the wood containing blank along a cut line pattern to divide the wood containing blank into a first beam section and a second beam section; said cut line pattern defining a plurality of first beam section lands, first beam section grooves, second beam section lands and second beam section grooves; aligning the first beam section land with the second beam section lands; and, fastening the first beam section lands with the second beam section lands.
aligning the first beam section land with the second beam section lands; and,
fastening the first beam section lands with the second beam section lands.
The method of claim 9 , wherein the wood containing blank is at least one of a solid lumber and engineered wood product.
The method of claim 9 , wherein the engineered wood product is at least one of an oriented strand lumber, oriented strand board oriented strand lumber, wood plastic composite and parallel strand lumber.
The method of claim 9 , further including adding a spacer between the first beam section land and the second beam section land.
The method of claim 9 , wherein fastening the first beam section with the second beam section is done by at least one of an adhesive, and mechanical fastener.
Ref US20110265422A1: Claims:
A method of manufacturing a composite beam using T-shaped steel, the method comprising: cutting a web of I-shaped steel in a longitudinal direction to prepare a plurality of T-shaped steels having upper and lower flanges in such a manner that a cutting line extends from a middle portion of the web at each of opposite ends of the I-shaped steel in an inward direction, runs in an upward inward direction, runs from an upper portion of the web below an upper flange of the I-shaped steel in a horizontal direction, runs toward a lower portion of the web in a downward inward direction, and runs from the lower portion of the web above the lower flange of the I-shaped steel in a horizontal direction to be continuously formed in a toothed shape, wherein one of opposite ends of each of the T-shaped steels having the upper and lower flanges is cut to a predetermined length from its end face in an inward direction, and first teeth protruding upwards from the cut ends of the upper and lower flanges of the T-shaped steels are cut to a depth of the web of the T-shaped steel so that the T-shaped steels having the upper and lower flanges have the same shape; integrating inverse T-shaped steel into lower surfaces of the webs of the opposite ends of each T-shaped steel to form I-shaped cross sections at the opposite ends of each T-shaped steel, and fixing vertical stiffeners to opposite sides of the web of the I-shaped cross section; and casting casing concrete along the web between the opposite vertical stiffeners of each T-shaped steel so that the opposite ends of each T-shaped steel are exposed as a steel on outer sides of the opposite vertical stiffeners.
cutting a web of I-shaped steel in a longitudinal direction to prepare a plurality of T-shaped steels having upper and lower flanges in such a manner that a cutting line extends from a middle portion of the web at each of opposite ends of the I-shaped steel in an inward direction, runs in an upward inward direction, runs from an upper portion of the web below an upper flange of the I-shaped steel in a horizontal direction, runs toward a lower portion of the web in a downward inward direction, and runs from the lower portion of the web above the lower flange of the I-shaped steel in a horizontal direction to be continuously formed in a toothed shape, wherein one of opposite ends of each of the T-shaped steels having the upper and lower flanges is cut to a predetermined length from its end face in an inward direction, and first teeth protruding upwards from the cut ends of the upper and lower flanges of the T-shaped steels are cut to a depth of the web of the T-shaped steel so that the T-shaped steels having the upper and lower flanges have the same shape;
integrating inverse T-shaped steel into lower surfaces of the webs of the opposite ends of each T-shaped steel to form I-shaped cross sections at the opposite ends of each T-shaped steel, and fixing vertical stiffeners to opposite sides of the web of the I-shaped cross section; and
casting casing concrete along the web between the opposite vertical stiffeners of each T-shaped steel so that the opposite ends of each T-shaped steel are exposed as a steel on outer sides of the opposite vertical stiffeners.
The method according to claim 1 , further comprising forming studs on opposite sides of a lower portion of the web of the T-shaped steel in order to improve combination performance and rigidity with respect to the casing concrete, and arranging reinforcing bars.
The method according to claim 2 , wherein the casing concrete is cast to a height at which through-holes are exposed from the web of the T-shaped steel.
The method according to claim 3 , further comprising, before the casing concrete is cast, installing tendons between the vertical stiffeners, and after the casing concrete is cast, post-tensioning the tendons, anchoring the tendons to the vertical stiffeners, and pre-stressing the casing concrete.
The method according to claim 4 , wherein each vertical stiffener has an L-shaped cross section with a vertical portion and a horizontal portion, and the horizontal portion includes a plurality of through-holes in which the tendons are inserted and anchored.
The method according to claim 1 , further comprising disposing angle stiffeners in parallel on opposite sides of a lower portion of the web of the T-shaped steel in a longitudinal direction in order to improve combination performance and rigidity with respect to the casing concrete, and arranging reinforcing bars.
The method according to claim 6 , wherein the casing concrete is cast to a height at which through-holes are exposed from the web of the T-shaped steel.
The method according to claim 7 , further comprising, before the casing concrete is cast, installing tendons between the vertical stiffeners, and after the casing concrete is cast, post-tensioning the tendons, anchoring the tendons to the vertical stiffeners, and pre-stressing the casing concrete.
A method of constructing a structure using a composite beam based on T-shaped steel, the method comprising: connecting at least two composite beams based on the T-shaped steel in a longitudinal direction at a construction site, and installing the connected composite beam so that opposite ends of the connected composite beam are fixed to end structures including columns, the composite beam manufactured by: cutting a web of I-shaped steel in a factory in a longitudinal direction to prepare a plurality of T-shaped steels having upper and lower flanges in such a manner that a cutting line extends from a middle portion of the web at each of opposite ends of the I-shaped steel in an inward direction, runs in an upward inward direction, runs from an upper portion of the web below an upper flange of the I-shaped steel in a horizontal direction, runs toward a lower portion of the web in a downward inward direction, and runs from the lower portion of the web above the lower flange of the I-shaped steel in a horizontal direction, wherein one of opposite ends of each of the T-shaped steels having the upper and lower flanges is cut to a predetermined length from its end face in an inward direction, and first teeth protruding upwards from the cut ends of the upper and lower flanges of the T-shaped steels are cut to a depth of the web of the T-shaped steel so that the T-shaped steels having the upper and lower flanges have the same shape, integrating inverse T-shaped steel into lower surfaces of the webs of the opposite ends of each T-shaped steel to form I-shaped cross sections at the opposite ends of each T-shaped steel, and fixing vertical stiffeners to opposite sides of the web of the I-shaped cross section, and casting casing concrete along the web between the opposite vertical stiffeners of each T-shaped steel so that the opposite ends of each T-shaped steel are exposed as a steel on outer sides of the opposite vertical stiffeners; post-tensioning tendons installed before the casing concrete is cast to introduce pre-stress into the casing concrete after the casing concrete is cast; and casting and curing slab concrete on an upper surface of the composite beams, each of which has the pre-stressed T-shaped steel.
connecting at least two composite beams based on the T-shaped steel in a longitudinal direction at a construction site, and installing the connected composite beam so that opposite ends of the connected composite beam are fixed to end structures including columns, the composite beam manufactured by:
cutting a web of I-shaped steel in a factory in a longitudinal direction to prepare a plurality of T-shaped steels having upper and lower flanges in such a manner that a cutting line extends from a middle portion of the web at each of opposite ends of the I-shaped steel in an inward direction, runs in an upward inward direction, runs from an upper portion of the web below an upper flange of the I-shaped steel in a horizontal direction, runs toward a lower portion of the web in a downward inward direction, and runs from the lower portion of the web above the lower flange of the I-shaped steel in a horizontal direction, wherein one of opposite ends of each of the T-shaped steels having the upper and lower flanges is cut to a predetermined length from its end face in an inward direction, and first teeth protruding upwards from the cut ends of the upper and lower flanges of the T-shaped steels are cut to a depth of the web of the T-shaped steel so that the T-shaped steels having the upper and lower flanges have the same shape,
integrating inverse T-shaped steel into lower surfaces of the webs of the opposite ends of each T-shaped steel to form I-shaped cross sections at the opposite ends of each T-shaped steel, and fixing vertical stiffeners to opposite sides of the web of the I-shaped cross section, and
casting casing concrete along the web between the opposite vertical stiffeners of each T-shaped steel so that the opposite ends of each T-shaped steel are exposed as a steel on outer sides of the opposite vertical stiffeners;
post-tensioning tendons installed before the casing concrete is cast to introduce pre-stress into the casing concrete after the casing concrete is cast; and
casting and curing slab concrete on an upper surface of the composite beams, each of which has the pre-stressed T-shaped steel.
The method according to claim 9 , wherein the casing concrete is cast to a height at which through-holes are exposed from the web of the T-shaped steel having the lower or upper flange, and pipe members including pipes for facilities are further installed in the exposed through-holes.
Ref US8176710B2: Claims:
A frame extender for studs and other structural framing members, the frame extender comprising: an L-shaped body having, a short leg providing a mounting surface to which a wall surfacing material can be attached, a long leg having a mating surface for fastening to a structural framing member, said long leg joining to said short leg along one side thereof and said long leg terminating in a serrated edge, so as to provide a toothed profile, and an indexing mark forming a substantially continuous ledge surface on said long leg that is parallel to said short leg and spaced apart therefrom positioned so as to form, in combination with said mating surface, a cradle for engaging the structural framing member to assure that said short leg extends parallel thereto and is spaced apart therefrom, said ledge surface traversing said toothed profile of said long leg and positioned so as to define, a distal region of said long leg extending beyond said ledge surface opposite said short leg to provide said mating surface for fastening to the structural framing member and, a proximal region of said long leg joining to said short leg, whereby said toothed profile forms a series of mounting tabs of said long leg and said index mark is segmented, having a segment on each of said mounting tabs, and said index mark being so positioned as to provide said ledge surface on said long leg positioned so as to project onto said short leg when said short leg is defined to extend fully across said L-shaped body, with said long leg attached thereto.
an L-shaped body having, a short leg providing a mounting surface to which a wall surfacing material can be attached, a long leg having a mating surface for fastening to a structural framing member, said long leg joining to said short leg along one side thereof and said long leg terminating in a serrated edge, so as to provide a toothed profile, and an indexing mark forming a substantially continuous ledge surface on said long leg that is parallel to said short leg and spaced apart therefrom positioned so as to form, in combination with said mating surface, a cradle for engaging the structural framing member to assure that said short leg extends parallel thereto and is spaced apart therefrom, said ledge surface traversing said toothed profile of said long leg and positioned so as to define, a distal region of said long leg extending beyond said ledge surface opposite said short leg to provide said mating surface for fastening to the structural framing member and, a proximal region of said long leg joining to said short leg, whereby said toothed profile forms a series of mounting tabs of said long leg and said index mark is segmented, having a segment on each of said mounting tabs, and said index mark being so positioned as to provide said ledge surface on said long leg positioned so as to project onto said short leg when said short leg is defined to extend fully across said L-shaped body, with said long leg attached thereto.
a short leg providing a mounting surface to which a wall surfacing material can be attached,
a long leg having a mating surface for fastening to a structural framing member, said long leg joining to said short leg along one side thereof and said long leg terminating in a serrated edge, so as to provide a toothed profile, and
an indexing mark forming a substantially continuous ledge surface on said long leg that is parallel to said short leg and spaced apart therefrom positioned so as to form, in combination with said mating surface, a cradle for engaging the structural framing member to assure that said short leg extends parallel thereto and is spaced apart therefrom, said ledge surface traversing said toothed profile of said long leg and positioned so as to define, a distal region of said long leg extending beyond said ledge surface opposite said short leg to provide said mating surface for fastening to the structural framing member and, a proximal region of said long leg joining to said short leg, whereby said toothed profile forms a series of mounting tabs of said long leg and said index mark is segmented, having a segment on each of said mounting tabs, and said index mark being so positioned as to provide said ledge surface on said long leg positioned so as to project onto said short leg when said short leg is defined to extend fully across said L-shaped body, with said long leg attached thereto.
a distal region of said long leg extending beyond said ledge surface opposite said short leg to provide said mating surface for fastening to the structural framing member and,
a proximal region of said long leg joining to said short leg,
whereby said toothed profile forms a series of mounting tabs of said long leg and said index mark is segmented, having a segment on each of said mounting tabs, and said index mark being so positioned as to provide said ledge surface on said long leg positioned so as to project onto said short leg when said short leg is defined to extend fully across said L-shaped body, with said long leg attached thereto.
The frame extender of claim 1 wherein said serrated edge is defined by a serpentine curve.
The frame extender of claim 2 wherein said serpentine curve has a periodicity of about eight inches.
The frame extender of claim 1 wherein said L-shaped body is fabricated from a material having low thermal conductivity selected from the group of: plastic, and a particulate material in a binder.
a particulate material in a binder.
The frame extender of claim 4 wherein said material consis
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