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 .
This is a second non-final Official Action, as previously allowed claim 3 is rejected herein.
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.
Claims 1-2, 4-5, 12, and 15-17 - are rejected under 35 U.S.C. 103 as being unpatentable over Strickland (2019/0078323).
1. Strickland, fig. 8, teaches a sealing strip for sealing joints between the surfaces of two adjacent components (structure 14/10 on top and structure 14/10 on the bottom), said sealing strip comprising a body extending in a longitudinal direction (x) between a first and second end (direction x is the axis orthogonal to the page) and extending in a transversal direction (y) between a front (fs) and back (bs) surface, wherein the body comprises:
a front portion (FP) extending backward from the front surface, said front portion defining a drainage structure that forms a drainage cavity when provided between the surfaces of the two adjacent components (FP defines a drainage structure that forms a drainage cavity c when provided between the surfaces of the two adjacent components because cavity c is shown between the adjacent surfaces, and c is a “drainage” cavity as broadly recited, as the right angled wall that forms c assists drainage via water collection in recess r)
a back portion (BP) extending between the front portion and the back surface of the main body, said back portion defining a top contact surface (the top portion of BP that spans distance L) being configured to form a sealing interface with an adjacent surface of one of the adjacent components (top components 14/10) when provided between the surfaces of the two adjacent components, fig. 8,
wherein the drainage structure comprises a top drainage layer (the top drainage layer is the layer comprising r and drain 68) having a top recess r extending downward through the top surface of the body, wherein the top recess is in fluid communication with one or more drainage openings 68 in the front surface of the body (the water flows out at the bottom of the recess).
Strickland does not expressly teach the top contact surface extends over at least 10% of the width B of the body as claimed because, although figure 8 shows the top contact surface as defined extends over about 25% of the width B of the body, the written specification is silent on any the extent of any contact surface. It would have been a matter of obvious engineering choice to one having ordinary skill in the art before the effective filing date of the claimed invention for the top contact surface to extend over at least 10% of the width B of the body to maximize sealing at the back side, choosing what percentage of a seal surface to contact the surface to be sealed requiring only routine skill in the art.
Finally, regarding the limitation reciting the recess forming a continuous drainage channel along the longitudinal direction of the body, Strickland recess r forms a continuous drainage channel along the longitudinal direction of the body because the upward projections both extend longitudinally and continuously, see especially figs. 11 and 24. The only drainage is localized drains 68.
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Annotated fig. 8
2. Strickland does not expressly teach the top contact surface forms at least 10 % of the cross-sectional area of the top surface of the body because, although figure 8 shows the top contact surface forms about 80% of the cross-sectional area of the top surface of the body (about 20% of the cross-sectional area of the top surface of the body is the surface area of the two peaks that contact the upper component in use), the written specification is silent on any the extent of any such contact surface. It would have been a matter of obvious engineering choice to one having ordinary skill in the art before the effective filing date of the claimed invention for the top contact surface to extend over at least 10% of the cross-sectional area of the top surface of the body to maximize sealing at the back side, choosing what percentage of a seal surface to contact the surface to be sealed requiring only routine skill in the art.
4. Strickland teaches the sealing strip according to claim 1, Strickland further teaching the back portion has a substantially uniform structure because it is essentially non-porous without material voids.
5. Strickland teaches the sealing strip according to claim 1, Strickland further teaching, as best understood, both the drainage layer and cavity as defined extend over the body length, paras. 77-79, figs. 7-8, 23-25.
12. Strickland teaches the sealing strip according to claim 1, Strickland further teaching the body comprises a slanted surface at the bottom of one or more of the top recesses, wherein the slanted surface is downwardly slanted toward the front surface (slanted toward drain 68) at a slanted angle (a) relative to the transversal direction (y) of the body perpendicular to the longitudinal direction (x) of the body, fig. 8.
15. Strickland teaches the sealing strip according to claim 1, Strickland further teaching, as best understood, a building envelope comprising two adjacent components and the sealing strip according to claim 1, the strip sealing joints between the surfaces of the two adjacent components because the Strickland strip is more than just capable of sealing the joints between the surfaces of the two adjacent components, as the strip actually seals the joints between the surfaces of the two adjacent components.
16. Strickland teaches the sealing strip according to claim 1, Strickland further teaching, as best understood, a method for sealing joints between the surfaces of two adjacent components using the sealing strip according to claim 1, the method comprising the step of providing the sealing strip between the surfaces of two adjacent components with the top surface of the sealing strip body facing the surface of one of the two adjacent components (fig. 8 shows the strip top surface facing the upper component bottom surface).
17. Strickland teaches the sealing strip according to claim 16, Strickland, fig. 8, further teaching, as best understood, wherein providing the body between the surfaces of the two adjacent components comprises providing the body on the surface (the bottom surface) of one of the two adjacent components (the top component) with the top surface of the body facing the surface of the one of the two adjacent components and providing the other of the two adjacent components (the bottom component) respectively against the bottom surface of the body (fig. 8 shows the strip provided as claimed as best understood).
Claims 13-14 - are rejected under 35 U.S.C. 103 as being unpatentable over Strickland in view of Deiss (8,075,724).
13. The Strickland body is not made of foam material because “made of” is typically used when discussing the primary material or a single material an object is composed of. Strickland only teaches part of the body (“foam seal 75) is made of foam. Deiss teaches a sealing body is made of foam, abstract. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the Strickland body to be made of foam material (to make the entire body of foam material) for the “very good sealing properties” of foam, col. 1, line 61.
14. The bottom surface is not expressly disclosed as being provided with a glue layer and, as best understood, a cover layer covering the glue layer. Deiss teaches a bottom surface provided with a glue layer and a cover layer covering the glue layer, col. 3, lines 23-27. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the bottom surface to be provided with a glue layer and a cover layer covering the glue layer to easily secure the strip in place.
Claims 1 and 3 - are rejected under 35 U.S.C. 103 as being unpatentable over Lundgren (WO2018/009129) in view of Kogel (DE2012101989).
1. Lundgren, figs 6a and 5b, teaches a sealing strip (continuous sealing element) for sealing joints between the surfaces of two adjacent components 2, said sealing strip comprising a body extending in a longitudinal direction between a first and second end (the two ends shown in fig. 6a) and extending in a transversal direction between a front and back surface, wherein the body comprises:
a front portion 23 extending backward from the front surface, said front portion defining a drainage structure that forms a drainage cavity (the cavity between 22 and 23) when provided between the surfaces of the two adjacent components,
a back portion 22 extending between the front portion and the back surface of the main body, said back portion defining a top contact surface (the area at the top of 22) configured to form a sealing interface with an adjacent surface of one of the adjacent components when provided between the surfaces of the two adjacent components, fig. 6a,
wherein the drainage structure comprises a top drainage layer (the top drainage layer is the layer comprising the cavity and drains 25) having a top recess extending downward through the top surface of the body (the channel between 22 and 23), and forming a continuous drainage channel along the longitudinal direction of the body, fig. 6a, wherein the top recess is in fluid communication with one or more drainage openings 25 in the front surface of the body, each drainage opening formed by an opening extending downward through the body top surface.
Lundgren teaches “it may also be possible to make the sealing protrusions…in other shapes than arc-shaped”., page 22, but does not expressly teach the top contact surface extends over at least 10% of the width of the body. Kogel teaches a top contact surface tw extends over at least 10% of the width of a body bw because as shown below the Kogel top contact surface extends over about 30% of the body width (Kogel fig. 1, is proper prior art, as the width is clearly shown in the drawing and would be understood by a person of ordinary skill in the art to be about 30% of the body width). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the top contact surface to extend over at least 10% of the body width as taught by Deiss for a better seal. Finally, should Applicant disagree that the Deiss contact surface extends over at least 10% of the body width, Examiner takes Official Notice that it is notoriously old in the art for a contact surface extends to extend over at least 10% of a body width for sealability.
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Annotated fig. 1
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
As indicated above, regarding the limitation reciting the drainage structure forming a continuous drainage channel along the longitudinal direction of the body, the Strickland drainage structure forms a continuous drainage channel along the longitudinal direction of the body because the upward projections both extend longitudinally and continuously, see especially figs. 11 and 24. In addition, the rejection of claims 1 and 3 that
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Forg (2023/0332398) teaches the claimed strip, except drainage openings 80 are not in the body front surface.
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.
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.
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/DANIEL J KENNY/ Examiner, Art Unit 3633