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.
Response to Amendment
Regarding the amendment filed 05/08/2026: Claims 1-28 are pending.
Response to Arguments
Claim Objections
Applicant's arguments regarding the objection of misnumbered claims 19-27 have been fully considered and are persuasive. Therefore, the objection has been withdrawn.
Rejection Under 35 USC 102
Applicant's arguments regarding the rejection of claims 1-9, 11-15, and 19-26 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) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, a new rejection has been formed in view of Vokey et al (2007/0046481 A1, heretofore referred to as Vokey).
Rejection Under 35 USC 103
Applicant's arguments regarding the rejection of claims 10, 16-18, 27-28 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) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, a new rejection has been formed in of Vokey.
Claim Objections
Claim 23 is objected to because of the following informalities: Claim 23 claims “the laminate sheet of claim 1” when it should claim “the moisture detection system of claim 1”. Appropriate correction is required.
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 1-9, 11-15, and 19-26 are rejected under 35 U.S.C. 103 as being obvious over Carlay (WO 2021/163465 A1) in view of Vokey (2007/0046481).
As per claim 1, Carlay teaches a moisture detection system (Carlay; a system for detecting moisture; abstract) comprising a) a laminate (Carlay; Carlay teaches the laminate may be a mesh or screen; figures 9A, 9B and page 31, second paragraph), 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).
Carlay is silent on the laminate is a laminate sheet with the laminate sheet having a length and width, the width having opposing spaced apart edges and the length having opposing ends.
Vokey teaches the laminate is a laminate sheet (Vokey; Vokey teaches a rectangular tape; figure 3, element 18 and paragraph 0066-0067) with the laminate sheet having a length and width, the width having opposing spaced apart edges and the length having opposing ends (Vokey; Vokey teaches a rectangular tape which has spaced apart edges lengthwise and opposing ends based on the length; figure 3, element 18 and paragraph 0066-0067).
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 sheet of Vokey, for the advantage of having a detection of moisture on a flat surface (Vokey; Paragraphs 0003-0005).
As per claim 2, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches 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, the combination of Carlay and Vokey teaches the moisture detection system of claim 1. Carlay further discloses comprising a plurality of discrete sections of the laminate sheet, 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, the combination of Carlay and Vokey teaches a method of detecting moisture in a space comprising: a) providing the laminate sheet of claim 1 and b) positioning the laminate sheet 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 (Carlay; Carlay teaches the laminate may be a mesh or screen; figures 9A, 9B and page 31, second paragraph), 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).
Carlay is silent on the laminate assembly is a laminate sheet with the laminate sheet having a length and width, the width having opposing spaced apart edges and the length having opposing ends.
Vokey teaches the laminate assembly is a laminate sheet (Vokey; Vokey teaches a rectangular tape; figure 3, element 18 and paragraph 0066-0067) with the laminate sheet having a length and width, the width having opposing spaced apart edges and the length having opposing ends (Vokey; Vokey teaches a rectangular tape which has spaced apart edges lengthwise and opposing ends based on the length; figure 3, element 18 and paragraph 0066-0067).
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 sheet of Vokey, for the advantage of having a detection of moisture on a flat surface (Vokey; Paragraphs 0003-0005).
As per claim 20, the combination of Carlay and Vokey teaches the laminate sheet 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, the combination of Carlay and Vokey teaches the laminate sheet 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, the combination of Carlay and Vokey teaches the laminate sheet 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, the combination of Carlay and Vokey teaches the laminate sheet 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, the combination of Carlay and Vokey teaches the laminate sheet 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, the combination of Carlay and Vokey teaches the laminate sheet 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, the combination of Carlay and Vokey teaches the laminate sheet 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).
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, the combination of Carlay and Vokey teaches the moisture detection system of claim 1.
The combination of Carlay and Vokey 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 and Vokey 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, the combination of Carlay and Vokey teaches the method of claim 15.
The combination of Carlay and Vokey to disclose wherein the space is within a wall and the laminate sheet is positioned on a bottom surface within the wall.
Gott teaches wherein the space is within a wall and the laminate sheet 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 and Vokey 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, the combination of Carlay and Vokey teaches the method of claim 15.
The combination of Carlay and Vokey to disclose wherein the space includes spaces within a stud wall, and the laminate sheet extends across at least one stud in the stud wall.
Gott teaches wherein the space includes spaces within a stud wall, and the laminate sheet 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 and Vokey 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, the combination of Carlay and Vokey teaches the method of claim 15.
The combination of Carlay and Vokey to disclose wherein the laminate sheet is obtained from a roll of laminate sheet material that is wider and/or longer than a final width and/or length of the laminate sheet and cut to size for installation.
Gott teaches wherein the laminate is obtained from a roll of laminate sheet material that is wider and/or longer than a final width and/or length of the laminate sheet 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 and Vokey 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, the combination of Carlay and Vokey teaches the laminate of claim 19.
The combination of Carlay and Vokey 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 and Vokey 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, the combination of Carlay and Vokey teaches the laminate of claim 19.
The combination of Carlay and Vokey 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 and Vokey 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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