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 .
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.
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 19-27 will been renumbered claims 19-28. In future correspondence applicant should refer to the claims using claims numbers 19-28.
For renumbered claims 20-22 and 24-28, the word “assembly” should be added after the word “laminate” in line 1 of each claim so that the claimed subject matter is consistent with parent claim 19.
Shown below is the renumbering of the claims and their dependencies.
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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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 11-15, and 19-26 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Carlay et al (WO 2021/163465 A1, cited in IDS, heretofore referred to as Carlay).
As per claim 1, Carlay discloses a moisture detection system (Carlay; a system for detecting moisture; abstract) comprising a) a laminate, the laminate further comprising a pair of electrically conductive layers and a water absorbent material (Carlay; a laminate may have electrically conductive layers and water absorbing insulation material; page 10, first half of page - page 11, first paragraph), the water absorbent material positioned between the pair of electrically conductive layers, and optionally, at least one of the electrically conductive layers including openings therein to allow water to pass therethrough (Carlay; a water absorbing insulation material may be between the conductive inner surface 9 and the conductive outer surface 15; figures 2a, 3a; page 14, first half of page; page 15, first half of page; page 16, last paragraph - page 17, first half of page), b) a capacitance measuring device connected to the pair of electrically conductive layers (Carlay; circuit 40 using capacitance measuring connected to the inner surface 9 and the outer surface 15; figures 2a, 3a; page 16, last paragraph – page 17, first half of page), the capacitance measuring device including a baseline representing a dry state of the water absorbent material and configured to monitor for the presence of moisture in the water absorbent layer by capacitance measurement across the laminate (Carlay; an initial capacitance measurement is taken at the time of install when the insulation is dry (baseline) to monitor for the presence of moisture in the
insulation; page 12, last paragraph - page 13, first paragraph); and c) an indicator based on a capacitance measurement that represents a presence of moisture in the water absorbent material (Carlay; when the capacitance is measured to be different from the dry measurement, a signal device may provide an indication representing the presence of moisture; claim 3 of Flexible).
As per claim 2, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein the water absorbent material is attached to the pair of electrically conductive layers (Carlay; the insulation may be attached to the vapor barrier as part of the electrically conductive layers; page 14, last paragraph - page 15, first paragraph).
As per claim 3, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein the water absorbent material is selected from the group consisting of paper, paperboard products, and nonwwoven, woven or knitted natural or synthetic materials (Carlay; the insulating material may be fiberglass batt (nonwoven); page 24- last paragraph - page 25, first half of page).
As per claim 4, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein each electrically conductive layer is selected from the group consisting of a metallized polyester film, a conductive scrim, a conductive fabric, a conductive mesh, and a conductive wool (Carlay; the conductive layers may be a film, wool or mesh; page 8, last paragraph; page 30, middle of page).
As per claim 5, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein the water absorbent material is positioned in spaced apart locations between the electrically conductive films or is continuous when positioned between the electrically conductive films (Carlay; insulation may be placed in spaced apart locations between the conductive layers, separated by spacers 111; figure 7; page 25, second half of page).
As per claim 6, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein the openings are spaced apart as discrete throughholes in the at least one electrically conductive layer (Carlay; the conductive layers may have openings spaced apart; page 8, last paragraph).
As per claim 7, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein at least one of the electrically conductive layers include openings therein to allow water to pass therethrough (Carlay; the conductive layers may have openings spaced apart to allow water to pass through; page 8, last paragraph; page 10, first half of page).
As per claim 8, Carlay discloses the moisture detection system of claim 7. Carlay further discloses wherein the openings are in the at least one electrically conductive layer that is porous to water (Carlay; the conductive layers may have openings spaced apart and porous to water; page 8, last paragraph; page 10, first half of page).
As per claim 9, Carlay discloses the moisture detection system of claim 7. Carlay further discloses wherein the openings occupy at least 5% of a surface area of the laminate when in use for moisture detection (Carlay; the conductive layers may have openings spaced apart with at least 5% porosity; page 8, last paragraph).
As per claim 11, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein the capacitance measuring means is battery powered or connected to a power source (Carlay; batteries may be used as a power source; page 15, second half of page).
As per claim 12, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein the indicator provides one or more of an audible alert, a visual alert, and a transmitted signal to signify moisture detection (Carlay; when the capacitance is measured to be different from the dry measurement, a signal device may provide an indication representing the presence of moisture; claim 3 of Flexible).
As per claim 13, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein visual alert is one or more of a light, an alert on a display, and a text or email message (Carlay; the signal device may include a light or audio signal; page 15, last paragraph).
As per claim 14, Carlay discloses the moisture detection system of claim 1. Carlay further discloses comprising a plurality of discrete sections of laminate, the electrically conductive layers of each discrete section of laminate electrically connected together for moisture detection using the capacitance measuring device (Carlay; the laminate comprises discrete layers including electrically conductive layers
which are electrically connected through the insulation when moisture is present; figures 2a, 3a; claim 3 of Flexible).
As per claim 15, Carlay discloses a method of detecting moisture in a space comprising: a) providing the laminate of claim 1 and b) positioning the laminate in the space and monitoring for the presence of moisture (Carlay; the laminate may be positioned in an area where moisture may be present; abstract; figures 1a, 1b).
As per claim 19, Carlay discloses a laminate assembly for a moisture detection system comprising a laminate, the laminate further comprising a pair of electrically conductive layers and a water absorbent material (Carlay; a laminate may have electrically conductive layers and water absorbing insulation material; page 10, first half of page - page 11, first paragraph), the water absorbent material positioned between
the pair of electrically conductive layers, optionally, at least one of the electrically conductive layers including openings therein to allow water to pass therethrough (Carlay; a water absorbing insulation material may be between the conductive inner surface 9 and the conductive outer surface 15, which may have openings to allow water to pass through; figures 2a, 3a; page 14, first half of page; page 15, first half of page; page 16, last paragraph - page 17, first half of page), the electrically conductive layers adapted to be connected to a capacitance measuring device (Carlay; circuit 40 using capacitance measuring connected to the inner surface 9 and the outer surface 15; figures 2a, 3a; page 16, last paragraph - page 17, first half of page), to permit moisture detection by moisture penetrating the openings in the at least one
conductive layer (Carlay; the conductive layers may have openings spaced apart to allow water to pass through enabling detection of moisture; page 8, last paragraph; page 10, first half of page; page 25, first half of page).
As per claim 20, Carlay discloses the laminate of claim 19. Carlay further discloses wherein the water absorbent material is selected from the group consisting of paper, paperboard products, non-woven, woven or knitted natural or synthetic materials (Carlay; the insulating material may be fiberglass batt (nonwoven); page 24- last paragraph - page 25, first half of page).
As per claim 21, Carlay discloses the laminate of claim 19. Carlay further discloses wherein the water absorbent material is attached to the pair of electrically conductive films (Carlay; the insulation may be attached to the vapor barrier as part of the electrically conductive layers; page 14, last paragraph - page 15, first paragraph).
As per claim 22, Carlay discloses the laminate of claim 19. Carlay further discloses wherein water absorbent material is positioned in spaced apart locations between the electrically conductive films or is continuous when positioned between the electrically conductive films (Carlay; insulation may be placed in spaced apart locations between the conductive layers, separated by spacers 111, or it may
be continuous; figures 1a, 2a, 3a, 7; page 25, second half of page).
As per claim 23, Carlay discloses the moisture detection system of claim 1. Carlay further discloses wherein at least one of the electrically conductive layers include openings therein to allow water to pass therethrough (Carlay; the conductive layers may have openings spaced apart to allow water to pass through; page 8, last paragraph; page 10, first half of page).
As per claim 24, Carlay discloses the laminate of claim 23. Carlay further discloses wherein the openings are spaced apart as discrete throughholes in the at least one electrically conductive layer (Carlay; the conductive layers may have openings spaced apart to allow water to pass through; page 8, last paragraph; page 10, first half of page).
As per claim 25, Carlay discloses the laminate of claim 23. Carlay further discloses wherein the openings are in the at least one electrically conductive layer that is porous to water (Carlay; the conductive layers may have openings spaced apart and porous to water; page 8, last paragraph; page 10, first half of page).
As per claim 26, Carlay discloses the laminate of claim 23. Carlay further discloses wherein the openings occupy at least 5% of a surface area of the laminate when in use for moisture detection (Carlay; the conductive layers may have openings spaced apart with at least 5% porosity; page 8, last paragraph).
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.
Claims 10, 16-18, 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Carlay in view of Gott (US 6,175,310 B1, heretofore referred to as Gott).
As per claim 10, Carlay discloses the moisture detection system of claim 1.
Carlay fails to disclose wherein the water absorbent material ranges in thickness from 1/8 inch to½ inch.
Gott teaches wherein the water absorbent material (Gott; Col 3, Lines 55-57; Gott teaches an absorbent material) ranges in thickness from 1/8 inch to ½ inch (Gott; Col 4, Lines 14-26; Gott teaches the thickness between the conductive strips is 1/8-1.5 inches).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the apparatus of Carlay with the thickness of absorbent material in the range of 1/8 to ½ inches of Gott, for the advantage of having a thickness that would allow quick response to moisture to allow the detection circuit to quickly detect and alert the presence of moisture.
As per claim 16, Carlay discloses the method of claim 15.
Carlay fails to disclose wherein the space is within a wall and the laminate is positioned on a bottom surface within the wall.
Gott teaches wherein the space is within a wall and the laminate is positioned on a bottom surface within the wall (Gott; Fig 4 and Col 5, Lines 13-29; Gott teaches the tape is used around a basement wall).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the apparatus of Carlay with the laminate on a bottom surface within a wall of Gott, for the advantage of using positioning that would enable quick detection of water.
As per claim 17, Carlay discloses the method of claim 15.
Carlay fails to disclose wherein the space includes spaces within a stud wall, and the laminate extends across at least one stud in the stud wall.
Gott teaches wherein the space includes spaces within a stud wall, and the laminate extends across at least one stud in the stud wall (Gott; Fig 3 and Col 5, Lines 5-12; Gott teaches the tape is used around a stud wall).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the apparatus of Carlay with the having the laminate across a stud of Gott, for the advantage of using positioning that would enable quick detection of water and provide a secure mounting point.
As per claim 18, Carlay discloses the method of claim 15.
Carlay fails to disclose wherein the laminate is obtained from a roll of laminate that is wider and/or longer than a final width and/or length of the laminate and cut to size for installation.
Gott teaches wherein the laminate is obtained from a roll of laminate that is wider and/or longer than a final width and/or length of the laminate and cut to size for installation (Gott; Fig 1 and Col 3, Lines 13-40; Gott teaches the tape is in a roll that is sized to the application to be used).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the apparatus of Carlay with the laminate on a roll of appropriate size of Gott, for the advantage of having easily portable material that is sized appropriately for the needs to provide maximum moisture detecting capabilities.
As per claim 27, Carlay discloses the laminate of claim 19.
Carlay fails to disclose wherein the water absorbent material ranges in thickness from 1/8 inch to½ inch.
Gott teaches wherein the water absorbent material (Gott; Col 3, Lines 55-57; Gott teaches an absorbent material) ranges in thickness from 1/8 inch to ½ inch (Gott; Col 4, Lines 14-26; Gott teaches the thickness between the conductive strips is 1/8-1.5 inches).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the apparatus of Carlay with the thickness of absorbent material in the range of 1/8 to ½ inches of Gott, for the advantage of having a thickness that would allow quick response to moisture to allow the detection circuit to quickly detect and alert the presence of moisture.
As per claim 28, Carlay discloses the laminate of claim 19.
Carlay fails to disclose wherein the laminate is made with a width and length and the width is at least 0.5 inches.
Gott teaches wherein the laminate is made with a width and length and the width is at least 0.5 inches (Gott; Col 4, Lines 14-26; Gott teaches the thickness between the conductive strips is 1/8-1.5 inches).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the apparatus of Carlay with the width laminate of at least 0.5 inches of Gott, for the advantage of having a thickness that would allow quick response to moisture to allow the detection circuit to quickly detect and alert the presence of moisture.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Vokey teaches a moisture sensor for construction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM S CLARKE whose telephone number is (571)270-3792. The examiner can normally be reached M-F 8am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Judy Nguyen can be reached at (571)272-2258. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM S CLARKE/ Examiner, Art Unit 2858
/JUDY NGUYEN/ Supervisory Patent Examiner, Art Unit 2858