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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 has been entered.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 21, 25-29, and 33 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Polen (2023/0024168).
21. Polen teaches a cover board, comprising:
a polyisocyanurate, para. 84, core, “core” having a first surface (the core major face surface contacting the scrim, para. 0078) and a second surface (the core major face surface opposite the first surface);
a reinforcing layer, para. 10,
wherein the reinforcing layer has an upper (top) surface and a lower (bottom) surface,
wherein the reinforcing layer comprises a scrim (“scrim”) material,
wherein the reinforcing layer is on the first surface of the core, para. 78;
and at least one facer (“coated non-woven mat”),
wherein the at least one facer has an upper (top) surface and a lower (bottom) surface,
wherein the at least one facer comprises a sheet
wherein the reinforcing layer is positioned between and in direct contact with the core and the at least one facer (there is no intervening layer),
wherein the upper surface of the reinforcing layer is in direct contact with the lower surface of the at least one facer (there is no intervening layer),
wherein the lower surface of the reinforcing layer is in direct contact with the first surface of the core (there is no intervening layer),
wherein the reinforcing layer is a separate and discrete layer from both the core and the at least one facer (they are two separate layers);
wherein the scrim material comprises glass, para. 10.
25. Polen teaches the cover board of claim 21, Polen further teaching the facer sheet comprises glass, para. 53.
26. Polen teaches the cover board of claim 21, Polen further teaching the scrim comprises a non-woven mat, para. 77.
27. Polen teaches the cover board of claim 21, Polen further comprising an additional facer positioned along a surface of the core opposite the reinforcing layer (one core side can have a reinforced fibrous facer and the other side can have a regular fibrous facer that does not include the reinforcement layer, para. 5).
28. Polen teaches the cover board of claim 21, Polen further comprising an acrylic surface treatment applied to the reinforcing layer, paras. 56 and 67, such surface treatment configured to provide the cover board at least with water resistance due to the sealing effect.
29. Polen teaches a roofing system comprising:
a roof substrate “decking”, paras. 2-3;
insulation panels “insulation”, paras. 2-3, positioned over the roof substrate;
cover boards positioned over the insulation panels, each cover board comprising:
a polyisocyanurate, para. 84, core, “core” having a first surface (the core major face surface contacting the scrim, para. 0078) and a second surface (the core major face surface opposite the first surface);
a reinforcing layer comprising a glass, para. 10, scrim material,
wherein the reinforcing layer has an upper (top) surface and a lower (bottom) surface,
wherein the reinforcing layer is on the first surface of the core, para. 78,
at least one facer (“coated non-woven mat”) sheet applied to the reinforcing layer,
wherein the at least one facer has an upper (top) surface and a lower (bottom) surface,
wherein at least one facer lower surface is over and in direct contact with the upper surface of the reinforcing layer (the non-woven mat is “over” the reinforcement layer because the reinforcement layer is between the mat and core surface, para. 78, and the facer is in direct contact with the reinforcing layer because the non-woven mat is there is no intervening layer and the non-woven mat and reinforcement are adhered together), the reinforcing layer is between, and in direct contact with, the core and the facer (the non-woven mat is applied to an upper surface of the reinforcing layer because when the reinforced fibrous facer is on the upper surface of the core, the reinforcing layer being on the core surface, para. 78, this is non-woven mat above the reinforcement is on the reinforcement upper surface), para. 78, wherein the lower surface of the reinforcing layer is in direct contact with the first surface of the core (there is no intervening or intermediate layer),
wherein the reinforcing layer is a separate and discrete (different) layer from both the core and the at least one facer (the Polen final product coverboard reinforcing layer (scrim) is between and in direct contact with the core and the at least one facer, such that the reinforcing layer is a separate layer from both the core and the facer because the clam is drawn to the finished cover board, not some intermediate product), and
a membrane positioned over the cover boards, para. 3.
33. Polen teaches the cover board of claim 29, Polen further comprising an acrylic surface treatment applied to the reinforcing layer, paras. 56 and 67, such surface treatment configured to provide the cover board at least with water resistance due to the sealing effect.
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 (i.e., changing from AIA to pre-AIA ) 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, 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 24 – is rejected under 35 U.S.C. 103 as being unpatentable over Polen ‘168 in view of Polen (2024/0343021)
24. Polen ‘168 does not teach the reinforcing layer further comprises a substrate attached to the scrim material, wherein the substrate comprises a glass mat, synthetic material layer, a film, or combinations thereof. Polen ‘021 teaches a reinforcing layer comprises a substrate “substrate” attached to a scrim material “scrim”, wherein the substrate comprises a glass mat “woven glass mat”, para. 32. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the reinforcing layer to further comprise a substrate attached to the scrim “to provide improved performance with respect to wind uplift as well as indentation resistance”, para. 4.
Claim 30 – is rejected under 35 U.S.C. 103 as being unpatentable over Polen ‘168 in view of Brandt (2012/0167509).
30. Polen does not expressly teach the membrane further comprising any specific material. Brandt teaches membrane comprising PVC, para. 52, as claimed. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the membrane to comprise PVC for strength.
Claims 22-23, 31, and 34-41 – are rejected under 35 U.S.C. 103 as being unpatentable over Polen ‘168 in view of Paradis (11,685,140).
22. Polen does not teach, when the cover board is installed on a roof substrate to form a roofing system, the roofing system meets FM Approvals ANSI/FM 4470 VSH impact resistance testing standard for very severe hail resistance. Paradis teaches a cover board is installed on a roof substrate to form a roofing system, the roofing system meets FM Approvals ANSI/FM 4470 VSH impact resistance testing standard for very severe hail resistance, col. 11, lines 15-22. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Polen in view of Rayman cover board to be installed on a roof substrate to form a roofing system, the roofing system meets FM Approvals ANSI/FM 4470 VSH impact resistance testing standard for very severe hail resistance for an Approval rating that would enhance cover board sales due to approval by a roofing industry recognized entity. Examiner indicates that the standard claimed as being met is the version of the standard having the revision number in place at the filing date.
23. Polen does not teach the scrim material comprises a side-by-side pattern. Paradis teaches a scrim material comprises a side-by-side pattern (fig. 1 shows the scrim strands side-by-side). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Polen cover board scrim material to comprise a side-by-side pattern for uniformity of force distribution.
31. Polen does not teach the scrim material comprises a side-by-side pattern. Paradis teaches a scrim material comprises a side-by-side pattern (fig. 1 shows the scrim strands side-by-side). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Polen cover board scrim material to comprise a side-by-side pattern for uniformity of force distribution.
34, 35. Polen teaches a roofing system comprising:
a roof substrate “decking”, paras. 2-3;
insulation panels “insulation”, paras. 2-3, positioned over the roof substrate;
cover boards positioned over the insulation panels, para. 3, each cover board comprising:
a polyisocyanurate, para. 84, core, “core” having a first surface (the core major face surface contacting the scrim, para. 0078) and a second surface (the core major face surface opposite the first surface);
a reinforcing layer comprising a scrim material, para. 10,
wherein the reinforcing layer has an upper (top) surface and a lower (bottom) surface,
at least one facer (“coated non-woven mat”), wherein the at least one facer has an upper (top) surface and a lower (bottom) surface, wherein the lower surface of the at least one facer is over and in direct contact with an upper surface of the reinforcing layer (the non-woven mat is “over” the reinforcement layer because the reinforcement layer is between the mat and core surface, para. 78, the facer is in direct contact with the reinforcing layer because the non-woven mat is there is no intervening layer and the non-woven mat and reinforcement are adhered together, and the facer is applied to an upper surface of the reinforcing layer because when the reinforced fibrous facer is on the upper surface of the core, the reinforcing layer being on the core surface, para. 78, this is non-woven mat above the reinforcement is on the reinforcement upper surface),
wherein the reinforcing layer is between the core and the at least one facer, para. 78;
wherein the lower surface of the reinforcing layer is in direct contact with the first surface of the core (they are adjacent),
a membrane along the first surface of the core (the “membrane”, para.3, can be said to be “along the core first surface”, as broadly recited, because the roofing membrane extends over the length of the coverboard, and therefore the coverboard core, as the cover board cannot be exposed to the weather.
wherein the reinforcing layer is positioned between and in direct contact with the core and the at least one facer, such that the reinforcing layer is a separate layer from both the core and the at least one facer (the Polen final product coverboard reinforcing layer (scrim) is between and in direct contact with the core and the at least one facer, such that the reinforcing layer is a separate layer from both the core and the facer because the clam is drawn to the finished cover board, not some intermediate product).
Polen does not teach when the cover board is installed on the roof substrate, the roofing system meets FM Approvals ANSI/FM 4470 VSH impact resistance testing standard for very severe hail resistance. Paradis teaches a cover board is installed on a roof substrate to form a roofing system, the roofing system meets FM Approvals ANSI/FM 4470 VSH impact resistance testing standard for very severe hail resistance, col. 11, lines 15-22. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Polen in view of Rayman cover board to be installed on a roof substrate to form a roofing system, the roofing system meets FM Approvals ANSI/FM 4470 VSH impact resistance testing standard for very severe hail resistance for an Approval rating that would enhance cover board sales due to approval by a roofing industry recognized entity. Examiner indicates that the standard claimed as being met is the version of the standard having the revision number in place at the filing date.
36. Polen in view of Paradis teaches the system of claim 34, the Polen scrim further comprising a non-woven glass mat, para. 77, attached to the core with an adhesive, abstract.
37. Polen in view of Paradis teaches the system of claim 34, the Polen facer further comprising a glass, para. 53.
38. Polen in view of Paradis teaches the system of claim 34, Polen further teaching the facer is configured to provide the cover board with water shedding, water resistance at least because of the polymer content.
39. Polen in view of Paradis teaches the system of claim 34, Polen further comprising an acrylic surface treatment applied to the reinforcing layer, paras. 56 and 67, such surface treatment configured to provide the cover board at least with water resistance due to the sealing effect.
40. Polen in view of Paradis teaches the system of claim 34, Paradis further teaching a scrim material comprises a side-by-side pattern (fig. 1 shows the scrim strands side-by-side). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Polen cover board scrim material to comprise a side-by-side pattern for uniformity of force distribution.
41. Polen in view of Paradis teaches the system of claim 34, Polen further comprising at least one additional facer attached to an upper surface of the at least one insulation panel; wherein the at least one additional facer comprises a sheet (“facing sheet”, para. 3).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Polen is not "surface to surface direct contact"
It is not understood how Polen is not "surface to surface direct contact" because, as argued, the Polen arrangement is "coating-mediated". For example, even if the arrangement is "mediated", or brought on by, the Polen coating, the resulting structure in the finished board is one in which the contact can be considered ordinary surface to surface/direct as understood in the art.
“Polen '168 discloses and teaches a coating layer on/for the facer present at the scrim- facer interface and the scrim embedded in and/or overcoated by that coating laye”
A Polen coating layer "on" the facer/scrim as argued is actually a structure in which the reinforcing layer upper surface directly contacts the facer lower surface as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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