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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/6/2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7-10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over
KR 20170042437 (hereinafter KR ‘437) in view of Brown et al. (US 10814582) and further in view of Resan (US 4841706). KR ‘437 discloses a strength-reinforced hybrid insulation material, and more particularly, to a heat-resistant hybrid insulation material that improves heat insulation, incombustibility, and sound absorption to be used as a material for various apparatuses, buildings, ducts, sound absorption and sound insulating materials. Referring to FIG. 1, the illustrated strength-enhancing hybrid insulation 10 includes a polymer foam layer 11, a strength-enhancing layer 12 of flexural strength reinforcement, and a barrier layer 13. The polymer foam layer can be a polyisocyanurate foam. The strength reinforcing material can be a metal net of a stainless-steel material. An adhesive layer is used to bond the layer to the metal plate. The adhesives can be high-temperature melting adhesives (0030).
PNG
media_image1.png
93
283
media_image1.png
Greyscale
KR ‘437 disclose the claimed invention except for the limitations of “wherein the adhesive is configured to activate as a result of a heating the metal wire to a temperature equal to or greater than the activation temperature of the adhesive, which is adapted to adhere the base material with a membrane.”
Brown et al. (US 10814582) disclose decorative and structural panels, and, more specifically, to a flexible veneer panel with a metal mesh layer (col 1, ln 6-8). The panel may comprise a wood veneer, a metal mesh, a backing layer, and a thermoset adhesive bonding the veneer to the metal mesh and the backing layer (col 1, ln 25-28). In various embodiments, and in response to the increased temperature and pressure, adhesive material 104 may penetrate (in the y-direction) into fibers of the wood used for face veneer 102 as well as into metal mesh 106. Metal mesh 106 and face veneer 102 may press together and contact one another or have a thin layer of adhesive remaining between one another. Similarly, in response to the increased temperature and pressure, adhesive material 108 may penetrate into the material (e.g., wood) used for backing layer 110 as well as into metal mesh 106. Metal mesh 106 and backing layer 110 may press together and contact one another or have a thin layer of adhesive remaining between one another. Adhesive material 104 and adhesive material 108 may then thermoset and initiate cross-linking bonds. Adhesive material that has invaded into face veneer 102, metal mesh 106, and backing layer 110 may provide a strong adhesion and resist delamination (col 4, ln 41-57). It would have been obvious to having ordinary skill in the art to have used Brown’s disclosure of increasing temperature to melt the adhesive in the insulation material of KR ‘437 motivated by the desire to have an insulation that has strong adhesion and increased resistance to delamination.
The combination of KR ‘437 and Brown et al. disclose the claimed invention except for the newly added limitations that the adhesive is inductively heated and that the adhesive does not activate at a temperature below 150° F.
Resan (US 4841706) discloses non-penetrating fasteners comprising a base plate, top plate, induction heating elements housing hot melt adhesive and an induction heater. The induction heating elements are pref. metal foils or mesh screen (abstract). This invention relates to fasteners, and, more particularly, to a non-penetrating fastener for securing elastomeric sheeting to the roof of a building. (col 1, ln 6-8). In a presently preferred embodiment, an induction heating element in the form of a sheet of metal foil or metal screen is mechanically affixed to one surface of the base plate. A coating of suitable adhesive such as hot melt adhesive, butyl-based thermoset adhesive, silicon adhesive or the like is then applied to the metal foil or metal screen sheet. Similarly, a metal foil or metal screen sheet is mechanically mounted to a surface of the rigid top plate and a coating of hot melt adhesive is applied thereto. With the elastomeric sheeting positioned between the base plate and rigid top plate, and their induction heating elements coated with adhesive in contact with the elastomeric sheeting, an induction welding device is placed in contact with the rigid top plate. When activated, the induction welding device produces magnetic flux which heats the metal foil or metal wire sheets on both the base plate and rigid top plate. In turn, the adhesive on such elements becomes molten, and, after cooling, bonds the base plate and rigid top plate to the elastomeric sheeting in contact therewith. The materials utilized in the formation of the metal foil and metal screen, as well as their thickness and other dimensions, are chosen to ensure rapid heating of the adhesive to the molten state without damaging the elastomeric sheeting (col 2, ln 20-47). The induction heating elements 16, 18 are quickly heated to a temperature which melts the layers 32, 36 of adhesive on the base plate 12 and rigid top plate 14, respectively. Once the hot melt adhesive has been melted, the induction welding device 40 is de-activated allowing the adhesive to cool and bond the base plate 12 and rigid top plate 14 to the elastomeric sheet 38. Preferably, the hot melt adhesive has a melt temperature of approximately 240.degree. F. to protect the elastomeric sheeting 38 against overheating (col 4, ln 7-24). Therefore, it would have been obvious to have used Resan’s inductive method of heating wherein the adhesive activates around 240 °F with the insulation material of KR ‘437 and Brown, motivated by the desire to increase the adhesion strength within the insulation material.
Claims 1-5 and 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ciuperca (US 2014/0272302) in view of Brown et al. (US 10814582) and further in view of Resan (US 4841706). Ciuperca discloses an architectural decorative surface finish on a substrate, especially an insulating foam panel (0002). Ciuperca further discloses that the exterior finish system incorporates recycled or repurposed materials (0004). The substrate 10 can be any desired size, shape or thickness, but preferably is in the shape of a rectangular panel. The substrate 10 can be concrete, gypsum board, cement board, concrete block, wood, plywood, but is preferably made from closed cell polymeric foam, such as polyisocyanurate and polyurethane (0015). The foam substrate 10 optionally has a layer of reinforcing material 12 on one primary surface 14 thereof. Optionally, the other primary surface 16 of the foam substrate 10 is preferably attached to a secondary substrate 18 such as any sheathing material including but not limited to, plywood, gypsum board, cement board and the like. The foam substrate 10 can be attached to the primary substrate 14 by any means know in the art (0017), such as adhesives (0017). The layer of reinforcing material can be made of meshes made from metal (0018). The layer of reinforcing material 12 can be adhered to the first primary surface 14 of the foam substrate 10 by a conventional adhesive that is compatible with the material from which the foam substrate is made (0019).
PNG
media_image2.png
374
632
media_image2.png
Greyscale
Ciuperca et al. disclose the claimed invention except for the limitations of “wherein the adhesive is configured to activate as a result of a heating the metal wire to a temperature equal to or greater than the activation temperature of the adhesive, which is adapted to adhere the base material with a membrane.”
Brown et al. disclose decorative and structural panels, and, more specifically, to a flexible veneer panel with a metal mesh layer (col 1, ln 6-8). The panel may comprise a wood veneer, a metal mesh, a backing layer, and a thermoset adhesive bonding the veneer to the metal mesh and the backing layer (col 1, ln 25-28). In various embodiments, and in response to the increased temperature and pressure, adhesive material 104 may penetrate (in the y-direction) into fibers of the wood used for face veneer 102 as well as into metal mesh 106. Metal mesh 106 and face veneer 102 may press together and contact one another or have a thin layer of adhesive remaining between one another. Similarly, in response to the increased temperature and pressure, adhesive material 108 may penetrate into the material (e.g., wood) used for backing layer 110 as well as into metal mesh 106. Metal mesh 106 and backing layer 110 may press together and contact one another or have a thin layer of adhesive remaining between one another. Adhesive material 104 and adhesive material 108 may then thermoset and initiate cross-linking bonds. Adhesive material that has invaded into face veneer 102, metal mesh 106, and backing layer 110 may provide a strong adhesion and resist delamination (col 4, ln 41-57). It would have been obvious to having ordinary skill in the art to have used Brown’s disclosure of increasing temperature to melt the adhesive in the insulating panel of Ciuperca in the motivated by the desire to have a panel that has strong adhesion and increased resistance to delamination.
The combination of Ciuperca and Brown et al. disclose the claimed invention except for the newly added limitations that the adhesive is inductively heated and that the adhesive does not activate at a temperature below 150° F.
Resan (US 4841706) discloses non-penetrating fasteners comprising a base plate, top plate, induction heating elements housing hot melt adhesive and an induction heater. The induction heating elements are pref. metal foils or mesh screen (abstract). This invention relates to fasteners, and, more particularly, to a non-penetrating fastener for securing elastomeric sheeting to the roof of a building. (col 1, ln 6-8). In a presently preferred embodiment, an induction heating element in the form of a sheet of metal foil or metal screen is mechanically affixed to one surface of the base plate. A coating of suitable adhesive such as hot melt adhesive, butyl-based thermoset adhesive, silicon adhesive or the like is then applied to the metal foil or metal screen sheet. Similarly, a metal foil or metal screen sheet is mechanically mounted to a surface of the rigid top plate and a coating of hot melt adhesive is applied thereto. With the elastomeric sheeting positioned between the base plate and rigid top plate, and their induction heating elements coated with adhesive in contact with the elastomeric sheeting, an induction welding device is placed in contact with the rigid top plate. When activated, the induction welding device produces magnetic flux which heats the metal foil or metal wire sheets on both the base plate and rigid top plate. In turn, the adhesive on such elements becomes molten, and, after cooling, bonds the base plate and rigid top plate to the elastomeric sheeting in contact therewith. The materials utilized in the formation of the metal foil and metal screen, as well as their thickness and other dimensions, are chosen to ensure rapid heating of the adhesive to the molten state without damaging the elastomeric sheeting (col 2, ln 20-47). The induction heating elements 16, 18 are quickly heated to a temperature which melts the layers 32, 36 of adhesive on the base plate 12 and rigid top plate 14, respectively. Once the hot melt adhesive has been melted, the induction welding device 40 is de-activated allowing the adhesive to cool and bond the base plate 12 and rigid top plate 14 to the elastomeric sheet 38. Preferably, the hot melt adhesive has a melt temperature of approximately 240.degree. F. to protect the elastomeric sheeting 38 against overheating (col 4, ln 7-24). Therefore, it would have been obvious to have used Resan’s inductive method of heating wherein the adhesive activates around 240 °F with the substrate material of Ciuperca and Brown, motivated by the desire to increase the adhesion strength within the substrate.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ciuperca (US 2014/0272302) and Brown et al. (US 10814582) and Resan (US 4841706) and further in view of Propst (US 2014/0150362). The combination of Ciuperca, Brown et al., and Resan discloses the claimed invention except for the teaching that the coverboard comprises recycled material.
Propst (US 2014/0150362) discloses a building panel, specifically roof panels, that is used to form a structure. The use of environmentally friendly, insulating, lightweight block materials for use as the walls, roofs, floors and other structures in buildings is increasing in popularity. The blocks of material are being used to replace concrete blocks and insulated wood and stucco walls. These blocks are structural elements which provide insulation properties and a shaped mass which defines the shape of the structure to be built. Expanded polystyrene (EPS) foam blocks are a popular material, but other materials such as straw, plastic, and recycled elements are also being used to create these insulating structural blocks. These new building materials use less wood, decrease construction waste, often use recycled materials, and create a building which is more energy efficient than standard wood frame and plaster construction buildings (0079). Core 158 can be formed of any material or materials that provide the necessary building-shaped elements and that accepts coating 160 to create building panel 112 according to the invention. Core 158 can be formed of wood, metal, recycled materials, straw, concrete blocks, plastic, or any other material or combination of materials (0086). It would have been obvious to one having ordinary skill in the art to have used Propst’s teaching of a recycled material in the core substrate of Ciuperca, Brown, and Resan motivated by the desire to create an insulating foam panel that has decreased construction waste and more energy efficiency.
Response to Arguments
Applicant's arguments filed May 6, 2025, have been fully considered but they are not persuasive for the reasons set forth. Applicant argues that the references do not disclose the newly added claim limitation of “inductively” heating and that the adhesive does not active at a temperature below 150°F. However, the newly cited reference Resan (US 4841706) has been added to the present rejection to meet these limitations.
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 ULA CORINNA RUDDOCK whose telephone number is (571)272-1481. The examiner can normally be reached Monday-Friday 8-4:30 PM.
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, Srilakshmi K Kumar can be reached at 571-272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ULA C RUDDOCK/ Supervisory Patent Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
Prosecution Insights