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 .
Continued Examination Under 37 CFR 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/16/2025 has been entered.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1, 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eggen (US 7,877,945) in view of Suzuki (JP 2004239022).
Regarding claim 1, Eggen discloses a flashing member 1800 arranged on a building that includes a wall body covered by a cover member, (Fig 18-20), the flashing member comprising: a body 1806 configured to extend along the wall body of the second exterior wall; and
a guide arranged on the body and configured to direct a flow of water from the body, (annotated Fig 18)
wherein the flashing member 1800 is arranged between the wall body and the cover member (Fig 19, 20), the body 1806 includes a first edge that is arranged near the first exterior wall and a second edge that is arranged at a position that is farther than the first edge from the first exterior wall (annotated Fig 18),
the body includes a lower surface facing the wall body and an upper surface opposite to the lower surface, the guide extends along the second edge of the body on the upper surface of the body (annotated Fig 18).
Eggen discloses the flashing member at the intersection between a vertical and horizontal sections of a window opening, but does not disclose the flashing member at a section where a first exterior wall intersects a second exterior wall and the second exterior wall is a parapet. However, Suzuki discloses a flashing member 1 arranged on a building at a section where a first exterior wall WA intersects a second exterior wall 51 that includes a wall body WI covered by a cover member 53, wherein the flashing member is arranged between the wall body and the cover member at the section where the first exterior wall intersects the second exterior wall and the second exterior wall is a parapet (Fig 1, 2, 4b). Therefore, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to use the flashing member of Eggen at a parapet at a section where a first exterior wall intersects a second exterior wall and the second exterior wall is a parapet as taught by Suzuki, in order to provide protection to a parapet by collecting moisture, and effectively directing the moisture to a drainage plane. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
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Regarding claim 3, Eggen discloses a second guide that differs from a first guide that serves as the guide, wherein the body of the flashing member is configured to extend along an upper surface of the wall body of the second exterior wall, and the second guide extends from the first edge toward the second edge on the body and is configured to form an opening 1804 between the first guide and the second guide (annotated Fig 18).
Regarding claim 4, Eggen discloses a vertical wall arranged along the first exterior wall (Fig 19, 20).
Regarding claim 5, Eggen discloses a building comprising: the flashing member 1800 according to claim 1, (Fig 18-20).
Response to Arguments
5. Applicant’s arguments with respect to claim(s) 1, 3-5 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
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADRIANA FIGUEROA whose telephone number is (571)272-8281. The examiner can normally be reached 8:30AM-5PM MONDAY-FRIDAY.
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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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/ADRIANA FIGUEROA/
Primary Examiner
Art Unit 3633
01/31/2026