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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 14, 2026 has been entered.
Response to Amendment
The submission entered July 14, 2026 in response to an Office Action mailed October 22, 2025 is acknowledged.
Claims 1-4, 6, 7, 9-14, 16-24 are pending. Claim(s) 5, 8, 15 is/are cancelled. Claim(s) 14 is/are currently amended. Claim(s) 24 is/are newly presented.
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Europe on June 10, 2021. It is noted, however, that applicant has not filed a certified copy of the 21178820.3 application as required by 37 CFR 1.55.
The indicated allowability of claims 1-4, 6, 7, 9-14, 16-24 is withdrawn in view of the reference(s) to Downey et al., Kempthorne et al., Pentz et al., Zhang et al. and Yang et al. Rejections based on the reference(s) follow.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 22 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding Claim(s) 22, the claim lacks written description support for “the nonaqueous liquid has a water content less than 10%”. The specification discloses a solution that is at least 50% water. The specification also discloses the solution may comprise a liquid other than water, which is considered to be a disclosure of a nonaqueous liquid, but the specification fails to provide a content percentage of water for the nonaqueous liquid.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim(s) 17, the claim lacks antecedent basis for “the connection module”. Further, the claim is unclear as to how the connection module is related to the rest of the claimed structure.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 12, 13, 16, 18, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Downey et al. (US Pub 20150143774 A1).
It is noted that the claims use the term “or” to set forth alternative limitations. It is noted that the prior art need not teach all alternatives; only a teaching of at least one alternative is required.
Regarding Claim(s) 12, Downey et al. a method of delivering loose fill insulation to an installation site using a loose fill insulation delivery system comprising: a loose fill insulation blowing machine (210) comprising: a hopper (chute 214) configured to receive loose fill insulation, a blower operable to convey loose fill insulation along a path toward an installation site [Para. 51, incorporation by reference to USPN 7712690, which teaches a blowing machine having a blower 36], and an outlet coupled to the blower [Para. 51, incorporation by reference to USPN 7712690, which teaches a blowing machine having an outlet 32 coupled to the blower 36]; a loose fill insulation hose (246) having a proximal end coupled to the outlet and a distal end (Figure 7 shows the hose having a proximal end and distal end), the loose fill insulation hose being configured to receive loose fill insulation conduct it along the path toward the installation site from the proximal end of the loose fill insulation hose to the distal end of the loose fill insulation hose [Para. 46, “hose 246 can be connected to the discharge mechanism 228 and configured to receive an air flow containing conditioned loosefill insulation material exiting the blowing insulation machine”]; and an inlet port (any of insertion ducts 253, 261, 271, 281, 291) located along the path and configured to introduce a first additive (“conductive fibers”) into loose fill insulation travelling along the path toward the installation site, wherein the inlet port is located in the loose fill insulation blowing machine (any of insertion ducts 253, 261, 271), the inlet port is located in the loose fill insulation hose (insertion duct 281), or the loose fill insulation blowing machine includes a housing and wherein the outlet of the loose fill insulation blowing machine is an outlet conduit extending from the housing, and wherein the inlet port is located in the outlet conduit, the method comprising: loading loose fill insulation into the hopper [Para. 46, “chute 214 includes an inlet end 216, configured to receive a package of compressed loosefill insulation material”]; operating the blower to convey the loose fill insulation along a path to the installation site [Para. 46, implied by “configured to receive an air flow containing conditioned loosefill insulation material exiting the blowing insulation machine”]; and introducing through the inlet port a first additive to the loose fill insulation travelling along the path [Para. 49, “dispenser 280 can be positioned to insert conductive fibers into the distribution hose 246 such that the conductive fibers mix with the glass fibers with the distribution hose 246”], the first additive being introduced in a dry form (disclosed as “conductive fibers”) or contained in a nonaqueous liquid.
Regarding Claim(s) 13, the first additive includes an antistatic agent (abstract, “conductive fibers are configured to dissipate static electrical charges”).
Regarding Claim(s) 16, the loose fill insulation loaded into the hopper is free of the first additive (since the conductive fibers are added to the insulation after the insulation is received in the chute, the insulation would be free of the first additive when loaded into the hopper).
Regarding Claim(s) 18, the loose fill insulation includes a fibrous material [Para. 46, “glass fibers”].
Regarding Claim(s) 19, the additive introduced through the inlet port is in a dry form (the additive is in the form of fibers, which would be dry).
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, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6, 20, 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downey et al.
Regarding Claim(s) 1, Downey et al. (US Pub 20150143774 A1) teaches a loose fill insulation delivery system (see Figures 6 and 7) comprising: a loose fill insulation blowing machine (210) comprising: a hopper (chute 214) configured to receive loose fill insulation, a blower operable to convey loose fill insulation along a path toward an installation site [Para. 51, incorporation by reference to USPN 7712690, which teaches a blowing machine having a blower 36], and an outlet coupled to the blower [Para. 51, incorporation by reference to USPN 7712690, which teaches a blowing machine having an outlet 32 coupled to the blower 36]; a loose fill insulation hose (246) having a proximal end coupled to the outlet and a distal end (Figure 7 shows the hose having a proximal end and distal end), the loose fill insulation hose being configured to receive loose fill insulation conduct it along the path toward the installation site from the proximal end of the loose fill insulation hose to the distal end of loose fill insulation hose [Para. 46, “hose 246 can be connected to the discharge mechanism 228 and configured to receive an air flow containing conditioned loosefill insulation material exiting the blowing insulation machine”]; and an inlet port (any of insertion ducts 253, 261, 271, 281, 291) located along the path and configured to introduce a first additive (“conductive fibers”) into loose fill insulation travelling along the path toward the installation site (Figure 7 shows multiple locations, with insertion ducts 253, 261, 271, 281, 291); and a container (dispensers 252, 260, 270, 280, 290) containing the first additive coupled to the inlet port, the first additive being in the container in a dry form or contained in a nonaqueous liquid (the additive is conductive fibers, considered to be a dry form). Downey et al. fails to teach the inlet port being positioned at least 25 feet from a distal end of the loose fill insulation hose. However, the dispensers (252, 260, 270 and 281) are located far from the distal end of the hose. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Absent evidence of the criticality of the claimed location, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to position the inlet port at least 25 feet from a distal end of the loose fill insulation hose as engineering expedient. The distance would allow mixing of the insulation and conductive fibers.
Regarding Claim(s) 2, Downey et al. teaches the inlet port is located in the loose fill insulation blowing machine (insertion ducts 253, 261 or 271 are located in the machine).
Regarding Claim(s) 3, Downey et al. teaches the inlet port (insertion duct 281) is located in the loose fill insulation hose, yet fails to teach the inlet port is located in the loose fill insulation hose at least 25 feet from a distal end of the loose fill insulation hose. The insertion duct is located far from the distal end of the hose. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Absent evidence of the criticality of the claimed location, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to locate the inlet port in the loose fill insulation hose at least 25 feet from a distal end of the loose fill insulation hose as engineering expedient. The distance would allow mixing of the insulation and conductive fibers.
Regarding Claim(s) 6, Downey et al. teaches the inlet port is inside a housing of the loose fill insulation blowing machine (the insertion ducts 253, 261 and 271 are inside the housing of the blowing machine, as seen in Figures 6 and 7).
Regarding Claim(s) 20, Downey et al. teaches the inlet port is located in the loose fill insulation blowing machine (any of insertion ducts 253, 261, 271 are located in the blowing machine).
Regarding Claim(s) 23, Downey et al. teaches the inlet port is located in the loose fill insulation hose, yet fails to teach the inlet port is located at least 25 feet from a distal end of the loose fill insulation hose. However, the dispensers (252, 260, 270 and 281) are located far from the distal end of the hose. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Absent evidence of the criticality of the claimed location, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to position the inlet port at least 25 feet from a distal end of the loose fill insulation hose as engineering expedient. The distance would allow mixing of the insulation and conductive fibers.
Regarding Claim(s) 24, Downey et al. teaches an antistatic agent (abstract, “conductive fibers are configured to dissipate static electrical charges”).
Claim(s) 4, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downey et al. as applied to claim 1 above, and further in view of Kempthorne et al. (USPN 2754155).
Regarding Claim(s) 4, Downey et al. teaches the loose fill insulation blowing machine includes a housing (Figures 6 and 7 clearly show the machine as having a housing), yet fails to teach the loose fill insulation blowing machine includes an outlet conduit extending from the housing, and wherein the inlet port is located in the outlet conduit. Kempthorne et al. teaches a blowing machine having a housing (housing of blower 26) and an outlet conduit (Figure 12, hose 21) extending from the housing, wherein an inlet port (where lines 43, 44 meet hose 12) is located in the outlet conduit. The conduit (hose 21) has a relatively inherent rigidity to maintain its cross-section [Col. 4:49-50]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Downey et al. in view of Kempthorne et al. to provide an outlet conduit extending from the housing and locate the inlet port in the outlet conduit as taught by Kempthorne et al. The conduit would provide a section of rigid cross-section that would not be prone to flexing.
Regarding Claim(s) 11, Downey et al. teaches the limitations described above, yet fails to teach the inlet port is connected to at least one of a pump and a valve configured to meter the additive into the path of the loose fill insulation. Kempthorne teaches a valve (54, 55) provided for lines (43, 44). Valves are old and well-known for controlling the flow of material. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to connect the inlet port to at least one of a pump and a valve configured to meter the additive into the path of the loose fill insulation since the elements were known in the art and one of ordinary skill, using known methods, could have combined the elements and achieved predictable results. The valve would control the flow of additive during its normal and expected operation.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downey et al. as applied to claim 1 above, and further in view of Zhang et al. (USPN 10259001).
Regarding Claim(s) 7, Downey et al. teaches the limitations described above, yet fails to teach the loose fill insulation blowing machine includes an air lock, and wherein the inlet port is downstream of the air lock. Zhang et al. (USPN 10259001) teaches a blowing machine having an air lock (9) and an inlet port (spray tips 32 of nozzle 5) located downstream of the air lock. Air locks are well known for metering the flow of material. Further, Downey et al. discloses multiple locations for the inlet port, with the insertion duct (281) being located downstream of the discharge mechanism (228). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide an air lock in the blowing machine in order to meter the amount of insulation fed to the hose. Further, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to place the inlet port downstream of the airlock to mix the additive with the insulation.
Claim(s) 9, 10, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downey et al. as applied to claims 1 and 12 above, and further in view of Pentz et al. (USPN 6648022).
Regarding Claim(s) 9, Downey et al. teaches the limitations described above, yet fails to teach the loose fill insulation hose includes a first hose section, a second hose section, and a connection module coupling the first hose section and the second hose section, the connection module including projections extending inward into the path of the loose fill insulation, the projections being configured to open the loose fill insulation. Pentz et al. (USPN 6648022) teaches a loose fill insulation hose (Figure 5) having a first hose section (114a), a second hose section (114b) and a connection module (118) coupling the first hose section and the second hose section, the connection module including projections (122) extending inward into the path of the loose fill insulation, the projections being configured to open the loose fill insulation [Col. 1:10-20; Col. 5:31-38]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Downey et al. such that the loose fill insulation hose includes a first hose section, a second hose section, and a connection module coupling the first hose section and the second hose section, the connection module including projections extending inward into the path of the loose fill insulation, the projections being configured to open the loose fill insulation as taught by Pentz et al. in order to condition the insulation.
Regarding Claim(s) 10, Downey et al. teaches the limitations described above, yet fails to teach the loose fill insulation hose includes a first hose section, a second hose section, and a connection module coupling the first hose section and the second hose section, the inlet port being located in the connection module. Pentz et al. (USPN 6648022) teaches a loose fill insulation hose (Figure 5) having a first hose section (114a), a second hose section (114b) and a connection module (118) coupling the first hose section and the second hose section. Downey et al. teaches the inlet port can be at various locations along the path of the insulation. Further, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to locate the inlet port in the connection module as engineering expedient as the location of the inlet port is shown by the prior art to not be a critical feature.
Regarding Claim(s) 17, Downey et al. teaches the limitations described above, yet fails to teach opening the loose fill insulation passing through the connection module using projections extending inward into the path along which the loose fill insulation is traveling. Pentz et al. (USPN 6648022) teaches a loose fill insulation hose (Figure 5) having a first hose section (114a), a second hose section (114b) and a connection module (118) coupling the first hose section and the second hose section, the connection module including projections (122) extending inward into the path of the loose fill insulation [Col. 1:10-20; Col. 5:31-38]. The projections mechanically separate the insulation fibers and condition the insulation. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Downey et al. to open the loose fill insulation passing through the connection module using projections extending inward into the path along which the loose fill insulation is traveling as taught by Pentz et al. in order to condition the insulation.
Claim(s) 14, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Downey et al. as applied to claims 1 and 12 above, and further in view of Yang et al. (US 20030087576 A1).
Regarding Claim(s) 14, Downey et al. teaches the limitations described above, yet fails to teach the first additive includes a dust suppressant, a mold suppression agent, a moisture control agent, a fire retardant, an IR blocking agent, an opacifier, or a pest control agent. Yang et al. teaches an insulation blowing machine (Figure 3) and teaches a first additive which includes an IR blocking agent [Para. 22, 32, IRM 2]. The IR blocking agent is known to reduce radiative heat transfer in the loose fill insulation [Para. 2]. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to include an IR blocking agent in the first additive to reduce radiative heat transfer as taught by Yang et al.
Regarding Claim(s) 21, Downey et al. teaches the limitations described above, yet fails to teach the first additive introduced through the inlet port is contained in a nonaqueous liquid. Yang et al. teaches providing a first additive (IRM 2) in a nonaqueous liquid (mineral oil 5), which is disclosed as being used for the purpose of dust reduction. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to introduce the first additive contained in a nonaqueous liquid to reduce dust.
Regarding Claim(s) 22, Downey et al. teaches the limitations described above, yet fails to teach the nonaqueous liquid has a water content of less than 10%. Yang et al. teaches mineral oil as the nonaqueous liquid; the oil would have no water content, hence would meet the limitation of “water content less than 10%”. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to provide a nonaqueous liquid having a water content less than 10% to reduce the possibility of microbial growth.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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/WILLIAM R HARP/Primary Examiner, Art Unit 3653
