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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/25/25 has been entered.
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) 1-2,4,7,11,15,31-38 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Swick (6282858).
Claim 1. Swick discloses a roof structure, comprising:
a plurality of panels each configured to extend across a section of the roof structure, each panel comprising:
a body having (i) an uppermost surface. (ii) a lowermost surface. (iii) a top edge that defines a projecting portion (generally at 18) (iv) a bottom edge (generally at 9) that is opposite to the top edge and defines a recessed portion (as seen in figure 4C with recessed portions 10/11/25) (iii) a first side edge that extends from the top edge to the bottom edge and defines a first sidelap portion (as noted in the annotated figure below), and (iv) a second side edge that extends from the top edge to the bottom edge and is opposite to the first side edge, the second side edge defining a second sidelap portion (as seen in the figures), with the body comprising a mixture including at least one filler material and at least one binder material (as noted at least at col. 10, lines 14-38);
wherein the at least one binder material comprises recycled plastics, mixed plastics, comingled plastics, unwashed plastics, plastic films, contaminated plastics, agricultural films and/or geotextiles or geo-membranes, oriented strand board binders, starches, lignins, adhesives, asphaltic binders, cement and/or combinations thereof (col. 10, lines 14-38 where there are at least recycled plastics);
a single watershedding feature located along only the first sidelap portion of the body (1 with 2,12 as seen in figure 1A, and noted in the annotated figure below); wherein the single watershedding feature comprises a trough (as noted in the annotated figure below; where 1 is a trough as seen in the figures 1A) integrated with only the first side edge of the body of the panel and extending along only an upper surface of the body and from the top edge to the bottom edge of the body of the panel, with the trough being configured to convey water along a drainage path extending along only the first sidelap portion from the top edge to the bottom edge of the body of the panel and only along the upper surface of the body (where the trough is a drainage path and able to convey water from the top to the bottom as seen in the figure 1A and as annotated below and noted throughout the disclosure), wherein the single watershedding feature is only located along the first sidelap portion of the body (where 1 with 2,12 is only located along the first sidelap portion as seen in the figures 1A);
at least one projection (generally at 2,12,21 and the portion underneath the upper surface as seen circled in the annotated figure below) formed with the single watershedding feature, the at least one projection having at least one opening (at 14, where 14 extends through the underneath portion) for receiving a fastener, wherein the at least one projection is configured to overlap a portion of an adjacent panel along a sidelap portion thereof and to secure the respective panel to the roof structure via the fastener; and
a stepped profile, with the recessed portion of the bottom edge of each panel configured to directly overlap the projecting portion of the top edge an adjacent panel along a headlap seam between the panel and the adjacent panel (as seen in figures 1A,B and 4A-C and throughout the disclosure), such that the top edge and the uppermost surface of the projecting portion (at 18, 4) directly contacts the bottom edge and the lowermost surface of the recessed portion (10/11/25) of the adjacent panel along the headlap seam between the panel and the adjacent panel (as seen in figures 1A,B and 4A-C), and the recessed portion of the bottom edge of each panel is positioned above the projecting portion of the top edge of the adjacent panel along the headlap seam between the panel and the adjacent panel, such that the uppermost surface of the recessed portion of the bottom edge of each panel is exposed (as seen in the figures),
wherein the single watershedding feature of each panel is configured to cooperate with a corresponding watershedding feature located along only a first sidelap portion of an underlying panel to reduce migration of water between the panel and the underlying panel (as noted at col. 7, line 50- col. 8, line 25).
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Claim 2. The roof structure of claim 1, wherein the at least one filler material comprises an inert material, a recycled material, and/or combinations thereof (where it is at least recycled as noted at col. 10, lines 14-37).
Claim 4. The roof structure of claim 1, wherein the filler material comprises a recycled material, rice hulls, hemp, cellulose, foams, and/or combinations thereof (where it comprises recycled material as noted at col. 10).
Claim 7. The roof structure of claim 1, wherein the body of each panel comprises a substantially self-sealing material adapted to substantially seal about fasteners inserted therethrough (as noted in the preamble where the panels are self sealing at the fasteners).
Claim 11. Swick discloses the roof structure of claim 1, but does not expressly disclose wherein the mixture of the body comprises a top layer (the mixture above the fiberglass sheet), and the body of each panel further comprises a bottom layer (the mixture below the fiberglass sheet) over which the mixture is applied (where the top layer is over the bottom layer encapsulating the fiberglass sheet), wherein the bottom layer comprises an oriented strand board (OSB), polyisocyanurate (ISO) plywood, foam board, structural foam, polystyrene, polyvinyl chloride (PVC) plastic, concrete, pressed recycled materials, structural insulated materials, or combinations thereof (where it comprises a PVC).
Claim 15. The roof structure of claim 1, wherein each panel further comprises a protective layer (40) along the uppermost surface thereof, the protective layer configured to provide ultraviolet protection, slip resistance, nail sealing properties, cut resistance, impact resistance, and/or combinations thereof (where 40 provides nail sealing properties as seen at figure 35A)).
Claim 31. Swick discloses a roof structure, comprising:
a plurality of panels each configured to extend across a section of the roof structure, each panel comprising:
a body having a stepped or offset profile and comprising a mixture having at least one filler material and at least one binder material (as noted at col. 10);
wherein the body includes:
an uppermost surface; a lowermost surface; a top edge that defines a projecting portion extending along the top edge of the body; and a bottom edge that is opposite to the top edge and defines a recessed portion extending along an opposing peripheral edge portion the bottom edge of the body of the panel (as seen in figures 4A-C and noted throughout the disclosure), the recessed portion being positioned directly above a corresponding projecting portion of an adjacent panel (as seen in the figures and noted in the disclosure);
a first side edge (2) that extends from the top edge to the bottom edge and defines a first sidelap portion;
a second side edge (33) that extends from the top edge to the bottom edge and is opposite to the first side edge, the second side edge defining a second sidelap portion;
a single trough (as noted in the annotate figure below) located only the first sidelap portion of the body, wherein the single trough is integrated with only the first side edge of the body of the panel and extends along only an upper surface of the body and from the top edge to the bottom edge of the body of the panel, the single trough being configured to convey water along a drainage path extending along only the first sidelap portion from the top edge to the bottom edge of the body of the panel and only along the upper surface of the body, (where the drainage path and extends from the top to the bottom edge as seen in the annotated figure below and as noted throughout the disclosure), wherein the single trough is configured to cooperate with a corresponding trough located along only a first sidelap portion of an underlying panel to reduce migration of water between the panel and the underlying panel; and
at least one projection (generally at 2,12,21 and the portion underneath the upper surface as seen circled in the annotated figure below) formed with the single trough, the at least one projection having at least one opening (at 14, where 14 extends through the underneath portion) for receiving a fastener, wherein the at least one projection is configured to overlap a portion of an adjacent panel along a sidelap portion thereof and to secure the respective panel to the roof structure via the fastener; and
wherein the recessed portion of the bottom edge of the panel is configured to directly overlap a corresponding projecting portion of the top edge of an adjacent panel so as to form a headlap seam between the panel and the adjacent panel and reduce migration of water between the panel and the adjacent panel, such that the top edge and the uppermost surface of the projecting portion directly contacts the bottom edge and the lowermost surface of the recessed portion of the adjacent panel along the headlap seam (as noted in the figures and throughout the disclosure) between the panel and the adjacent panel, and the recessed portion of the bottom edge of each panel is positioned above the projection portion of the top edge of the adjacent panel along the headlap seam between the panel and the adjacent panel, such that the uppermost surface of the recessed portion of the bottom edge of each panel is exposed (as noted in the figures and disclosure).
Claim 32. The roof structure of claim 31, wherein the at least one binder material comprises recycled plastics, mixed plastics, comingled plastics, unwashed plastics, plastic films, contaminated plastics, agricultural films and/or geotextiles or geo-membranes, oriented strand board binders, starches, lignins, adhesives, asphaltic binders, cement, polyurea, urea formaldehyde, phenolic resins, Amino resins, wax emulsions, and/or combinations thereof. (where it comprises recycled plastics as noted in col. 10).
Claim 33. The roof structure of claim 31, wherein the filler material comprises sand, perlite, sodium bentonite, asphalt shingle materials, concrete, recycled materials, rice hulls, hemp, cellulose, foams, and/or combinations thereof (where it comprises recycled materials as noted at col. 10).
Claim 34. The roof structure of claim 31, further comprising a sealant material (41) positioned along the headlap seam between the panel and the adjacent panel.
Claim 35. The roof structure of claim 31, wherein the at least one projecting portion comprises an area for engagement of fasteners (at 18/15) to secure the panel to the roof structure.
Claim 36. The roof structure of claim 31, wherein each panel further comprises a protective layer (40) along the uppermost surface thereof, the protective layer configured to provide ultraviolet protection, slip resistance, nail sealing properties, cut resistance, impact resistance, and/or combinations thereof (where it provides nail sealing properties as seen in figures 35A and noted in the disclosure).
Claim 37. The roof structure of claim 31, wherein the mixture comprises a substantially self-sealing material adapted to substantially seal about fasteners inserted therethrough (as noted in the preamble and claim 1 where it is self sealing at the fasteners).
Claim 38. The roof structure of claim 31, wherein the panels of the plurality of panels are configured to be installed in overlapping courses of panels along the roof structure, and further comprising a sealant material (41) applied along at least one the headlap seam between adjacent panels (as seen in the figures and noted throughout the disclosure).
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.
Claim(s) 3,5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swick (6282858).
Claims 3,5. Swick discloses the roof structure of claim 1, but does not expressly disclose wherein the filler material comprises sand, perlite, sodium bentonite, asphalt shingle materials, concrete and/or combinations thereof; or that the at least one binder material comprises recycled low density polyethylene, linear low density polyethylene, high density polyethylene, polypropylene, polyurea, urea formaldehyde, phenolic resins, Amino resins, wax emulsions and/or combinations thereof. Instead Swick discloses that the filler is ground up recycled thermoplastic particles and including PVC and ABS and reground tire rubber and that the binder is recycled printed circuit board resin.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to use the claimed filler and binder materials because applicant has not disclosed that those materials provide an advantage, are used for a particular purpose, or solve a stated problem. Furthermore applications discloses states that other materials may be used. One of ordinary skill in the art, furthermore, would have expected the panel of Swick, and applicant’s invention to perform equally well with either the filler and binder material taught by Swick or the claimed materials because both would perform the same function of forming a structurally sound and waterproof roofing panel equally well considering.
Therefore, it would have been prima facie obvious to modify Swick to obtain the invention as specified in claims 3,5 because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Swick.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swick (6282858) in view of Skelton (3394520).
Claim 12. Swick discloses the roof structure of claim 1, but does not expressly disclose further comprising a vapor barrier layer positioned along a bottom surface of each panel and configured to enable passage of moisture therethrough. However Swick does disclose that it is known in the art to have a conventional roofing structure with sheathing and a barrier along a bottom surface of an installed roof panel (col. 1).
Furthermore it is known in the art to have a vapor barrier positioned along a bottom surface of roofing panels configured to enable passage of moisture therethrough. For example Skelton discloses a roof panel having a vapor barrier (17) layer positioned on the roof deck below the roof panel at a bottom surface of the panel configured to enable passage of moisture therethrough. Accordingly, at the time the invention was effectively filed it would have been obvious to one of ordinary skill in the art to pursue known design options and modify panel and roof structure of Swick to have a vapor barrier positioned along a bottom surface of the panel to achieve the predictable result of a waterproof roofing installation that avoids rot and damage of the rafters due to condensation and airflow issues.
Response to Arguments
Applicant's arguments filed 7/11/25 have been fully considered but they are not persuasive. Applicant argues that Swick includes both a horizontal water channel and a lateral water, and therefore does not teach the claimed invention which requires a single watershedding feature (or trough) along only an upper surface of the body and only located along the first sidelap portion of the body. This is not persuasive. Applicant appears to have an overly narrow interpretation of the claimed recitations. The requires a single watershedding feature located along only the first sidelap, as best understood this is does not preclude additional watershedding features located remote from the first sidelap portion. Each watershedding feature of Swick is considered to be a single feature, as identified by separate reference characters and distinct structural features. The claim is not a closed claim precluding additional structure. This interpretation is supported by applicants disclosure which shows watershedding features, as troughs at each of the first and second side edge of the panel. The single watershedding of feature of Swick as noted in rejection and annotated figure above, is considered to be a single feature in that it is has a unique location and structure identified by specific reference characters and as disclosed in the specification. Accordingly applicants arguments are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635