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 .
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 1-5 and 12-17 - are rejected under 35 U.S.C. 103 as being unpatentable over Konoue (JPH0776887).
Konoue teaches a sealing strip 8 for sealing joints between the surfaces of two adjacent components 2A and 2B, said sealing strip comprising a body extending in a longitudinal direction (left to right, fog. 3) between a first and second end and extending in a transversal direction between a front (the front surface of 12) and back surface (the back surface of 13), wherein the body comprises:
a front portion 12 extending backward from the front surface, said front portion defining a drainage structure that forms a drainage cavity (between 12 and 13) when provided between the surfaces of the two adjacent components,
a back portion 13 extending between the front portion and the back surface of the main body, said back portion defining a top contact surface (the top of 13, fig. 1) being 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,
wherein the drainage structure comprises a top drainage layer (the layer between 12 and 13) having one or more top recesses extending downward through a top surface of the body (the top of 12 and 13) and forming a continuous drainage channel uninterrupted along substantially the entire length of the body along the longitudinal direction of the body, wherein each top recess is in fluid communication with one or more discrete drainage openings (water could drain out of notch 12a) spaced apart along the front surface of the body (“cutout 12a is formed in the first waterproof ridge 12 of the short drainage metal 8B at a portion corresponding to the unit box connection point”, para. 10),
wherein, in the transversal direction 9of the body, the top contact surface extends over at least 10 % of the width B of the body, see fig. 1. Konoue 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 1 shows the top contact surface as defined extends over at least about 20% 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.
2. Konoue 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 1 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 contact by 12 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.
3. Konoue teaches the sealing strip according to claim 1, Konoue further teaching each drainage opening in the front surface of the body is formed by an opening extending downward through the top surface of the body (as indicated, the body top surface is formed by 12 and 13.
4. Konoue teaches the sealing strip according to claim 1, Konoue further teaching the back portion has a substantially uniform structure because 13 is essentially non-porous without material voids.
5. Konoue teaches the sealing strip according to claim 1, Konoue further teaching, in the longitudinal direction (x) of the body, the top drainage layer or the drainage cavity extends over at least 80 % of the length L of the body (the figures show that in the longitudinal body direction the top drainage layer extends over at least 80 % of the length L of the body because elements 12 and 13 are coextensive with base 11).
12. Konoue teaches the sealing strip according to claim 1, Konoue further teaching, the body comprises a slanted surface 10 at the bottom of one or more of the top recesses, wherein the slanted surface is downwardly slanted toward the front surface at a slanted angle (a) relative to the transversal direction (y) of the body perpendicular to the longitudinal direction (x) of the body, fig. 1.
13. Konoue teaches the sealing strip according to claim 1, Konoue further teaching, the body is made of a foam material (the body “is made of” foam as broadly recited, as at least ridge 13 is “foamed resin such as sponge having closed cells”.
14. Konoue teaches the sealing strip according to claim 1, Konoue further teaching at least the bottom surface of the body is provided with a glue layer (“adhesive tape”), figs. 8-9.
15. Konoue teaches the sealing strip according to claim 1, Konoue further teaching a building envelope comprising the two adjacent components and the sealing strip according to claim 1, fig., 8, sealing joints between the surfaces of the two adjacent components, said sealing strip comprising the body extending in the longitudinal direction (x) between the first and second end and extending in the transversal direction (y) between the front and back surface, wherein the body comprises:
the front portion extending backward from the front surface, said front portion defining the drainage structure that forms the drainage cavity between the body and at least one of the surfaces of the two adjacent components, the back portion extending between the front portion and the back surface of the main body, fig. 1, said back portion defining the top contact surface (top of 13) forming the sealing interface with the at least one of the surface,
wherein the drainage structure comprises the top drainage layer having one or more top recesses (channel made of 12, 10, 13) extending downward in the top surface of the body, wherein each top recess is in fluid communication with the one or more drainage openings in the front surface of the body, fig. 5, wherein, in the transversal direction (y) of the body, the top contact surface extends over at least 10 % of the width B of the body (see claim 1 rejection).
16. Konoue teaches the sealing strip according to claim 1, Konoue further teaching a method for sealing joints between the surfaces of the two adjacent components using the sealing strip according to claim 1, comprising the steps of:
providing the body with the drainage structure comprising the top drainage layer having one or more top recesses extending downward in the top surface of the body, and further comprising in any order the steps of:
forming at least one drainage opening of the one or more drainage openings in the front surface of the body such that each top recess is in fluid communication with the at least one drainage opening in the front surface of the body; and
providing the body between the surfaces of two adjacent components with the top surface of the body facing the surface of one of the two adjacent components such that the drainage cavity is formed by the drainage structure, figs. 1, 5, abstract, para. 5.
17. Konoue teaches the sealing strip according to claim 16, Konoue further teaching the providing the body between the surfaces of the two adjacent components comprising the substeps of:
before forming the at least one drainage opening, providing the body on the surface of one of the two adjacent components with the top surface of the body facing the surface of the one of the two adjacent components such that the drainage cavity is formed by the drainage structure or with the bottom surface of the body facing the surface of the one of the two adjacent components, page 3-5; and
after forming the at least one drainage opening, providing the other of the two adjacent components respectively against the bottom surface of the body or against the top surface of the body such that the drainage cavity is formed by the drainage structure, pages 4-7.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
/BRIAN E GLESSNER/ Supervisory Patent Examiner, Art Unit 3633
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