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 .
Response to Amendment
Applicant's request for reconsideration of the finality of the rejection of the last Office action is persuasive and, therefore, the finality of that action is withdrawn.
Response to Arguments
Applicant’s arguments, see Remarks, filed 1/22/2026, with respect to the rejection(s) of claim(s) 1–7 and 10–18 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1–7 and 10–18 are rejected under 35 U.S.C. 103 as being unpatentable over Beckers (US 2014/0190107 A1) in view of Brandt (WO 93/04242) and Jacobmeier (US 2021/0047548 A1).
Beckers teaches an insulation element for thermal and/or acoustic insulation of a flat or flat inclined roof comprising a first layer made of stone wool fiber and cured binder, wherein the first layer 1 is adhered to a second layer 3 of glass fiber fleece by a layer of adhesive 2. Beckers abstract, ¶¶ 23, 25, 30–32, Figure. The first layer made of stone wool fiber comprises a binder and has a bulk density in the range of 100–250 kg/m3. Id. ¶ 30. Due to the location of the adhesive layer 2 between the first 1 and second 3 layers, it is reasonable to presume that forces directed perpendicular to the second layer can be compensated by the tensile strength of the second layer in combination with the adhesive.
Beckers fails to teach that the first layer is made of at least one lamella having a fiber orientation predominantly perpendicular to major surfaces of the second layer.
Brandt teaches the formation of a mineral fiber element comprising a first layer of mineral fibers and layers of adhesive binder that serve to attach a nonwoven sheet of glass fleece. Brandt 2:5–23, 3:5–15. The first layer of mineral fibers may comprise mineral wool lamellae, wherein the fibers are predominantly oriented in a direction which is substantially perpendicular to the main surfaces of the element and sheet of glass fibers fleece to increase the compression strength of the element. Id. at 4:32–5:10.
Accordingly, it would have been obvious to one of ordinary skill in the art to have used the mineral wool lamellae of Brandt in the insulation element of Beckers to provide improved its compression strength.
Beckers and Brandt are silent as to a basis weight for an adhesive layer between layers of mineral fibers and glass fleece.
Jacobmeier teaches a process for producing composite elements comprising an insulation material layer, adhesive, and an outer layer, wherein the insulation material may be mineral wool (e.g., glass wool, stone wool) for use in roofing. Jacobmeier abstract, ¶¶ 2, 43. To bond the outer layer and the insulation material layer, the adhesive may be applied to either layer at preferred levels of 50 to 150 g/m2. Id. ¶ 64.
It would have been obvious to one of ordinary skill in the art to have looked to Jacobmeier for guidance as to suitable basis weights for adhesive application to mineral wool insulation products to successfully practice the invention of Beckers.
Claims 5 and 6 are rejected as the requirement that the adhesive be a “dry applied adhesive” is a product-by-process limitation, which is met by adhesive layer 2 that fully face the first and second layers. See Beckers Figure.
Claims 3, 13, and 14 are rejected as the roofing insulation element of Beckers is connectable to a membrane by cold gluing. Beckers ¶ 21. The adhesive layer in Beckers may comprise silane-modified phenol-formaldehyde binder. Id. ¶¶ 18, 34.
Although Beckers does not explicitly teach the claimed property of a compression strength between 50 and 130 kPa and glass fleece E-modulus of 500–800 MPa and/or a tensile strength between 70 and 90 N according to EN ISO 1924-2:2009, it is reasonable to presume that said properties are inherent to Beckers. Support for said presumption is found in the use of like materials (i.e. stone wool and binder layer of the claimed bulk density and glass fiber fleece). The burden is upon Applicant to prove otherwise. In re Fitzgerald 205 USPQ 594. In addition, the presently claimed property of a compression strength between 50 and 130 kPa would obviously have been present one the Beckers product is provided. Note In re Best, 195 USPQ at 433, footnote (CCPA 1977) as to the providing of this rejection made above under 35 USC 102.
Reliance upon inherency is not improper even though rejection is based on Section 103 instead of Section 102. In re Skoner, 517 F.2d 947 (CCPA 1975).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW D MATZEK whose telephone number is (571)272-5732. The examiner can normally be reached M-F 9:30-6.
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/MATTHEW D MATZEK/Primary Examiner, Art Unit 1786