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 CORRESPONDENCE
This communication is a first Office Action on the Merits. Claims 1-26, as originally filed 20 JAN. 2022, are pending and have been considered as follows:
Election/Restrictions
Applicant’s election without traverse of “Species D, shown in Fig. 11… without traverse. Claims 1-26 encompass elected Species D. The election has been made without prejudice” in the reply filed on 19 MAR. 2026 is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/09/2022, 04/20/2023, 05/16/2025, 05/22/2025, 05/26/2025, was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
However, Cite no. 1 in the Foreign Patent Documents section of the IDS filed 05/11/22 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because no complete copy appears to have been placed in the file and the provided document number was irretrievable. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.83 or 1.84 because of the following informalities:
FIG(s) 1 and 12: should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
FIG(s) 1 and 12: the plane upon which a sectional view is taken should be indicated on the view from which the section is cut by a broken line (see 37 CFR 1.84 (h)); it is unclear how FIG. 1 and 12 are related and which elements are shown or hidden from view; note also 37 CFR 1.84 (p) which requires reference characters to be oriented in the same direction as the view so as to avoid having to rotate the sheet;
FIG(s) 1 and 12: these figures should have their open ends closed by a line; see specifically upper and lower sides in FIGs. 1 and upper, lower, left and right sides in FIG. 12 (37 CFR 1.84(h));
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
p. 3 ln. 19: after “While the cover is” replace “covered” with --coupled--
Appropriate correction is required.
Claim Objections
Claim 2-4, 22 objected to because of the following informalities:
Cl. 2 ln. 6-7: after “increased; and the” replace “lower-engaging” with --lower surface-engaging-- before “member”
Cl. 3 ln. 6-7: after “apart; and the” replace “lower-engaging” with --lower surface-engaging-- before “member”
Cl. 4 ln. 7-8: after “upper surface-engaging member; and the” replace “lower-engaging” with --lower surface-engaging-- before “member”
Cl. 22 ln. 3-4: after “engaged with the lower surface of the” replace “horizontal-extending” with --horizontally-extending-- as introduced
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim 1-17 and 25-26 rejected under 35 U.S.C. 103 as being unpatentable over Divito et al. US 10428519 B2 (Divito) in view of Koester US 20220298782 A1.
As per claim 1 the primary reference of Divito teaches a cover (wrap 102, FIG. 1) for a lintel (lintel 106, FIG. 1), wherein the lintel (lintel 106, FIG. 1) includes a horizontally-extending member (lowermost, rightward extending portion of 106, FIG. 1), the horizontally-extending member (lowermost, rightward extending portion of 106, FIG. 1) includes an upper surface (top of lowermost, rightward extending portion of 106, FIG. 1), a lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) disposed on an opposite side of the horizontally-extending member (lowermost, rightward extending portion of 106, FIG. 1) relative to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1), and a front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1) extending between the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) and the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1), wherein the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) includes a load-receiving portion (outer extent of above identified “top of lowermost...”, FIG. 1) for receiving a load for supporting by the lintel (lintel 106, FIG. 1), wherein the cover (wrap 102, FIG. 1) comprises:
a front surface-concealing portion (vertical portion of 102, right side, FIG. 1) for concealing at least a portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1);
an upper surface engager (downwardly exposed face of in-turned edge of 102, right side, FIG. 1) defining an upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) for engaging the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1);
a lower surface engager (bottom member of 102, FIG. 1) defining a lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) for engaging the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1);
a lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1); and
the cover (wrap 102, FIG. 1) is configured for co-operating with the lintel (lintel 106, FIG. 1) such that:
engagement of the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) and engagement of the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) to the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) co-operate for effecting coupling of the cover (wrap 102, FIG. 1) to the lintel (lintel 106, FIG. 1) such that an assembled configuration is obtained;
in the assembled configuration:
the front surface-concealing portion (vertical portion of 102, right side, FIG. 1) is concealing at least a portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1); and
the lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1) is concealing at least a portion of the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1).
Divito fails to explicitly disclose:
at least one drain port defined within the lower surface-concealing portion; wherein:
the at least one drain port is operative for facilitating egress of liquid that has accumulated between the cover and the lintel.
Koester teaches such a port, specifically:
at least one drain port (drainage apertures 151, FIG. 12) defined within the lower surface-concealing portion; wherein:
the at least one drain port (drainage apertures 151, FIG. 12) is operative for facilitating egress of liquid that has accumulated between the cover and the lintel.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito by including the drainage apertures as taught by Koester in order to facilitate drainage.
As per claim 2 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses the cover (wrap 102, FIG. 1) is resiliently deformable (see “any extruded, planar plastic sheet or other sheet-like, water-resistant material” 2:55) for transitioning from a coupling-ready configuration to a coupling-effective configuration, with effect that:
spacing between the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) and the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) is increased; and
the [[lower-engaging]] --lower surface-engaging-- member is biased for effecting reversion of the cover (wrap 102, FIG. 1) to the coupling-ready configuration;
the cover (wrap 102, FIG. 1) is further configured for co-operating with the lintel (lintel 106, FIG. 1) such that, in the assembled configuration, the cover (wrap 102, FIG. 1) is disposed in the coupling-effective configuration;
the engagement of the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) is with effect that the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) is bearing on the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1); and
the engagement of the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) to the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) is with effect that the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) is bearing on the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1).
As per claim 3 Divito in view of Koester teaches the limitations according to claim 1 and Divito further discloses wherein:
the cover (wrap 102, FIG. 1) is resiliently deformable (see “any extruded, planar plastic sheet or other sheet-like, water-resistant material” 2:55) for transitioning from a coupling-ready configuration to a coupling-effective configuration, with effect that:
the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) and the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) become further spread apart; and
the [[lower-engaging]] --lower surface-engaging-- member is biased for effecting reversion of the cover (wrap 102, FIG. 1) to the coupling-ready configuration;
the cover (wrap 102, FIG. 1) is further configured for co-operating with the lintel (lintel 106, FIG. 1) such that, in the assembled configuration, the cover (wrap 102, FIG. 1) is disposed in the coupling-effective configuration;
the engagement of the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) is with effect that the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) is bearing on the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1); and
the engagement of the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) to the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) is with effect that the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) is bearing on the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1).
As per claim 4 Divito in view of Koester teaches the limitations according to claim 1 and Divito further discloses wherein:
the cover (wrap 102, FIG. 1) is resiliently deformable (see “any extruded, planar plastic sheet or other sheet-like, water-resistant material” 2:55) for transitioning from a coupling-ready configuration to a coupling-effective configuration, wherein:
in the coupling-effective configuration, relative to its disposition in the coupling-ready configuration, the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) is disposed further from the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1); and
the [[lower-engaging]] --lower surface-engaging-- member is biased for effecting reversion of the cover (wrap 102, FIG. 1) to the coupling-ready configuration;
the cover (wrap 102, FIG. 1) is further configured for co-operating with the lintel (lintel 106, FIG. 1) such that, in the assembled configuration, the cover (wrap 102, FIG. 1) is disposed in the coupling-effective configuration;
the engagement of the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) is with effect that the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) is bearing on the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1); and
the engagement of the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) to the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) is with effect that the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) is bearing on the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1).
As per claim 5 Divito in view of Koester teaches the limitations according to claim 2 and Divito further discloses the bearing of the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) on the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) and the bearing of the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) on the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) co-operate with effect that the cover (wrap 102, FIG. 1) is clamped (see “clamped” as claimed, FIG. 1) to the lintel (lintel 106, FIG. 1).
As per claim 6 Divito in view of Koester teaches the limitations according to claim 1 and Divito further discloses wherein, in the assembled configuration, the concealing of the at least a portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1) by the front surface-concealing portion (vertical portion of 102, right side, FIG. 1) and the concealing of the at least a portion of the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) by the lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1) co-operate with effect that the lintel (lintel 106, FIG. 1) is continuously concealed (see “continuously concealed” as claimed, FIG. 1) from the at least a portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1) to the at least a portion of the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1).
As per claim 7 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses the front surface-concealing portion (vertical portion of 102, right side, FIG. 1), the upper surface engager (downwardly exposed face of in-turned edge of 102, right side, FIG. 1), the lower surface engager (bottom member of 102, FIG. 1), and the lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1) are integrally formed, such that the cover (wrap 102, FIG. 1) is of unitary one-piece construction (see “unitary” as claimed, FIG. 1).
As per claim 8-9 and 12-13 Divito in view of Koester teaches the limitations according to claim 1 but the combination fails to explicitly disclose relative dimensions, specifically:
(Cl. 8) wherein, in the assembled configuration, the concealed portion of the front surface defines at least 80% of the front surface;
(Cl.9) wherein, in the assembled configuration, the concealed portion of the front surface has a surface area of at least 6 square inches;
(Cl.12) wherein, in the assembled configuration, the concealed portion of the lower surface defines at least 80% of the lower surface; and
(Cl.13) wherein, in the assembled configuration, the concealed portion of the lower surface has a surface area of at least 60 square inches.
Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito in view of Koester by making the concealed portion of the front surface to be at least 80% of the front surface with a surface area of at least 6 square inches, and the make the concealed portion of the lower surface be at least 80% of the lower surface with a surface area of at least 60 square inches in order to cover a specific portion of the lintel to inhibit corrosion and because changes in size/proportion do not constitute a patentable difference.
As per claim 10 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses wherein, in the assembled configuration, the concealed portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1) defines the entirety (see “the entirety” as claimed, FIG. 1) of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1).
As per claim 11 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses wherein, in the assembled configuration, the front surface-concealing portion (vertical portion of 102, right side, FIG. 1) completely conceals (see “completely conceals” as claimed, FIG. 1) the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1).
As per claim 14 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses wherein, in the assembled configuration, the concealed portion of the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) defines the entirety (see “defines the entirety” as claimed, FIG. 1) of the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1).
As per claim 15 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses wherein, in the assembled configuration, the lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1) completely conceals (see “completely conceals” as claimed, FIG. 1) the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1).
As per claim 16 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses wherein the lower surface engager (bottom member of 102, FIG. 1) includes the lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1) .
As per claim 17 Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses wherein, in the assembled configuration, the front surface-concealing portion (vertical portion of 102, right side, FIG. 1) and the lower surface engager (bottom member of 102, FIG. 1) are co-operatively configured to define a liquid-receiving space (see “space” as claimed, FIG. 1) for receiving liquid that ingresses between the lintel (lintel 106, FIG. 1) and the cover (wrap 102, FIG. 1).
As per claim 25 Divito in view of Koester teaches the limitations according to claim 1, and Koester further discloses the at least one drain port (drainage apertures 151, FIG. 12) is a plurality of drain ports (drainage apertures 151, FIG. 12). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito in view of Koester by making the apertures by a plurality of apertures as taught by Koester in order to increase the ability of the assembly to expel excess water.
As per claim 26 the primary reference of Divito teaches an assembly, comprising:
a lintel (lintel 106, FIG. 1), wherein the lintel (lintel 106, FIG. 1) includes a horizontally-extending member (lowermost, rightward extending portion of 106, FIG. 1),
the horizontally-extending member (lowermost, rightward extending portion of 106, FIG. 1) includes an upper surface (top of lowermost, rightward extending portion of 106, FIG. 1), a lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) disposed on an opposite side of the horizontally-extending member (lowermost, rightward extending portion of 106, FIG. 1) relative to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1), and a front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1) extending between the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) and the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1),
wherein the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) includes a load-receiving portion (outer extent of above identified “top of lowermost...”, FIG. 1) for receiving a load for supporting by the lintel (lintel 106, FIG. 1); and
a cover (wrap 102, FIG. 1) for the lintel (lintel 106, FIG. 1), wherein the cover (wrap 102, FIG. 1) includes:
a front surface-concealing portion (vertical portion of 102, right side, FIG. 1) for concealing at least a portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1);
an upper surface engager (downwardly exposed face of in-turned edge of 102, right side, FIG. 1) defining an upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) for engaging the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1);
a lower surface engager (bottom member of 102, FIG. 1) defining a lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) for engaging the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1);
a lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1).
the cover (wrap 102, FIG. 1) is configured for co-operating with the lintel (lintel 106, FIG. 1) such that:
engagement of the upper surface-engaging member (see engagement between above identified “downwardly exposed case” and above identified “rightward extending portion” FIG. 1) to the upper surface (top of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) and engagement of the lower surface-engaging member (inward extent of above identified “bottom member”, FIG. 1) to the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1) of the lintel (lintel 106, FIG. 1) co-operate for effecting anchoring of the cover (wrap 102, FIG. 1) to the lintel (lintel 106, FIG. 1) such that an assembled configuration is obtained;
in the assembled configuration:
the front surface-concealing portion (vertical portion of 102, right side, FIG. 1) is concealing at least a portion of the front surface (vertical outside face of lowermost, rightward extending portion, FIG. 1); and
the lower surface-concealing portion (portion of 102 between the above identified “vertical outside face” and “inward extent” FIG. 1) is concealing at least a portion of the lower surface (bottom of lowermost, rightward extending portion of 106, FIG. 1).
Divito but fails to explicitly disclose:
at least one drain port defined within the lower surface-concealing portion;
the at least one drain port is operative for facilitating egress of liquid that has accumulated between the cover and the lintel.
Koester teaches such a port, specifically:
at least one drain port (drainage apertures 151, FIG. 12) defined within the lower surface-concealing portion;
the at least one drain port (drainage apertures 151, FIG. 12) is operative for facilitating egress of liquid that has accumulated between the cover and the lintel.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito by including the drainage apertures as taught by Koester in order to facilitate drainage.
Claim 18 and 22-24 rejected under 35 U.S.C. 103 as being unpatentable over Divito in view of Koester as applied to claim 1 above, and further in view of JOSEPH BLACHER US 2122926 A (Blacher).
As per claim 18 Divito in view of Koester teaches the limitations according to claim 1, but fails to explicitly disclose:
wherein, in the assembled configuration, the lower surface engager is sufficiently sloped in a downward direction such that, while liquid is disposed between the horizontally-extending member of the lintel and the lower surface engager, the liquid is encouraged to flow towards the drain port in response to urging by gravitational forces.
Blacher teaches such discontinuous members, in a member which has a desired inclination to promote drainage (see p. 1, right column, ln. 34), specifically:
lower surface engager is sufficiently sloped in a downward direction (see “bent… upwardly, as at 8… to control and direct the discharge of water”, p. 1, right column, ln. 20) such that, while liquid is disposed between the horizontally-extending member of the lintel and the lower surface engager, the liquid is encouraged to flow towards the drain port (“promote drainage” see p. 1, right column, ln. 35; this is recognized as teaching liquid —if introduced— would be at least somewhat “encouraged” away from the upwardly bent portion and towards the downwardly bent portion, or “drain port” as broadly claimed) in response to urging by gravitational forces.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito in view of Koester by including the downward slope as taught by Blacher in order to evacuate water in the assembly.
As per claim 22 Divito in view of Koester teaches the limitations according to claim 1, but the combination but fails to explicitly disclose:
comprising a spacer that extends from the lower surface engager, wherein:
in the assembled configuration, the spacer is engaged with the lower surface of the [[horizontal-extending]] --horizontally-extending-- member of the lintel for effecting spacing of the lower surface engager relative to the lower surface of the lintel.
Blacher teaches such discontinuous members, in a member which has a desired inclination to promote drainage (see p. 1, right column, ln. 34), specifically:
a spacer (discontinuous inverted channels 3, FIG. 1) that extends from the lower surface engager, wherein:
in the assembled configuration, the spacer (discontinuous inverted channels 3, FIG. 1) is engaged with the lower surface of the [[horizontal-extending]] --horizontally-extending-- member of the lintel for effecting spacing (see “space” at channel flat portion 5, FIG. 1) of the lower surface engager relative to the lower surface of the lintel.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito in view of Koester by including the discontinuous inverted channels as taught by Blacher in order to promote drainage below the masonry in order to preserve the life of the assembly.
As per claim 23-24 Divito in view of Koester and Blacher teaches the limitations according to claim 22, and Blacher further discloses (Cl. 23) at least one opening is defined within the spacer (discontinuous inverted channels 3, FIG. 1) for facilitating flow of liquid across the spacer (discontinuous inverted channels 3, FIG. 1); and (Cl. 24) the at least one opening is a plurality of openings (see openings at least at 4 and 5, FIG. 1).It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Divito in view of Koester and Blacher by including the openings between and around the inverted channels as taught by Blacher in order to provide additional drainage routes.
Claim 19-21 rejected under 35 U.S.C. 103 as being unpatentable over Divito in view of Koester as applied to claim 1 above, and further in view of McPherson US 10829904 B1.
As per claim 19-21 the combination of Divito in view of Koester teaches the limitations according to claim 1, and Divito further discloses the upper surface engager includes upwards extending surface (surface of 102, FIG. 4) that defines a first normal axis but fails to explicitly disclose:
(Cl. 19) the lower surface engager includes a surface that defines a second normal axis; wherein an acute angle is defined between the first normal axis and the second normal axis;
(Cl. 20) a minimum value for the angle is 3 degrees; and
(Cl. 21) a maximum value for the angle is 10 degrees.
McPherson teaches an upwards extending member (30A, FIG. 4) of a drainage member (10, FIG. 4) can be provided at an angle relative to the horizontal member (30B, FIG. 4), specifically:
(Cl. 19) the lower surface engager includes a surface that defines a second normal axis (see angle normal to 30B, FIG. 4); wherein an acute angle (see “about 115°. Other angles may be used within the scope of the present invention, but there is some advantage to having the angle be greater than 90°” 3:33; this is recognized as teaching the member extending upwards up to 10° away from a right angle) is defined between the first normal axis and the second normal axis;
(Cl. 20) a minimum value for the angle is 3 degrees (see “about 115°. Other angles may be used within the scope of the present invention, but there is some advantage to having the angle be greater than 90°” 3:33); and
(Cl. 21) a maximum value for the angle is 10 degrees (see “about 115°. Other angles may be used within the scope of the present invention, but there is some advantage to having the angle be greater than 90°” 3:33).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the upwards extending surface of Divito in view of Koester by including an angle relative to the bottom member as taught by McPherson in order to promote drainage away from the outer corner of the wrap.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Larson US 7036284 B1 teaches weep holes
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620
417
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Greyscale
Goldberg et al. US 9353498 B2 teaches drain holes
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739
491
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Greyscale
Collins et al. US 6964136 B2 teaches continuous connecting cell/weep chambers 21
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394
443
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Greyscale
Lindahl US 6182405 B1 (FIGURE 2) teaches a front surface concealing portion with a drain port for use in a wall with a window
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431
491
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Greyscale
Edgar et al. US 5410852 A teaches weep holes
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371
284
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Greyscale
Huddle US 5170605 A teaches a resilient cover (29, right side) for achieving a coupling-effective configuration with a lintel (25)
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371
258
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Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D MATTEI can be reached on (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JJS/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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