DETAILED ACTION
The Examiner acknowledges Claims 1, 9, 16 and 23 have been amended and Claims 16,18-23 and 25-29 remain withdrawn.
Response to Arguments
Applicant's arguments and amendments with respect to the Prior Art rejection have been fully considered but they are not persuasive:
First of all, the Examiner has found the amendment to contain new matter and be indefinite. See 112 rejections below.
Second, the amendment has necessitated the Examiner to offer a slightly different interpretation of Daggy [see rejection below]. In such interpretation, the compressible interior gasket and compressible weather gasket have been interpreted as element 56, the flexible fingers instead of element 55, the sweep seals. The flexible fingers are not in contact with the weirs because they are connected through the base of the sweep seal.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-9 and 12-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The Specification does not set forth the gaskets do not contact the two weirs. While Figure 1 shows the gaskets not in contact with the weirs, they are made of a compressible material such that upon compression they could come into contact with the weirs. Furthermore, they are only securely mounted by their ends that they could flip up and contact the weirs.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1,4-9 and 12-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the…compressible exterior gasket". There is insufficient antecedent basis for this limitation in the claim. It seems as thought the Applicant may intend this to be “the compressible weather gasket”.
As amended, claim 1 now requires “wherein the compressible interior gasket and compressible exterior gasket do not contact the two weirs”. It seems as though the word “a” or “the” could be used between “and” and “compressible”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-9 and 12-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent # 3,803,787 to Daggy.
Regarding claim 1, Daggy teaches in Figures 5 and 6, a process [a simple set of steps involving forming, providing, positioning and attaching] for making a wall panel module [an assembly of separate components] comprising a wall panel (10) [center section of panel (Column 2, Line 52)] and a dual gasket assembly (12) [ceiling seal assembly (Column 2, Line 53)], the process comprising the steps of: forming (Column 3, Line 43) a first dual gasket assembly (12) comprising a compressible interior gasket (56) [flexible fingers (Column 3, Lines 53)], a support coupling (45) [base plate (Column 3, Line 35)], and a compressible weather gasket (56) [flexible fingers (Column 3, Lines 53)], wherein each of the compressible interior gasket (56) and the compressible weather gasket (56) have a length that is the gasket length parallel to a length of the dual gasket assembly (12), the compressible interior gasket (56) and the compressible weather gasket (56) are mounted on the support coupling (45) with the lengths of the compressible interior gasket (56) and the compressible weather gasket (56) being parallel to one another, providing a first wall panel (10) having a first major face (30) and an opposing second major face (32), the first (30) and second (32) major faces lying in a set of parallel planes, the first wall panel (10) further having a first edge face (20) that is generally perpendicular to both the first major surface (30) and the opposing second major face (32), the first edge face (20) having an edge face length that is the height of the first panel (10) and an edge face width that is the thickness of the first panel (10), positioning the first dual gasket assembly (12) adjacent to the first edge face (20) of the first panel (10) in an area bounded by the set of parallel planes, the lengths of the compressible interior gasket (56) and the compressible weather gasket (56) being parallel to the edge face length, with both gaskets (56) further bounded by the set of parallel planes, and attaching the support coupling (45) of the first dual gasket assembly (12) to the first edge face (20) of the first wall panel (10) to form the wall panel module; wherein the support coupling (45) of the dual gasket assembly (12) comprises a base (Column 3, Line 35), the base (Column 3, Line 35) having a top surface and a bottom surface, the top surface having an interior gasket support (50) [groove (Column 3, Line 48)] and an exterior gasket support on opposing ends of the support coupling (52) [groove (Column 3, Lines 48-49)], the compressible interior gasket (56) attached to the interior gasket support (50) and the compressible weather gasket (56) attached to the exterior gasket support (52); wherein the bottom surface of the base (Column 3, Line 35) has a contact area [location 35 where it contacts the wall] for stabilizing [there are two locations 35] the support coupling (45) on the first edge face (20) of the first wall panel (10), and the bottom surface of the support coupling base (Column 3, Line 35) further comprises an attachment area for attaching the support coupling to the first edge face (20) of the first wall panel (10); and wherein the top surface of the base (Column 3, Line 35) of the support coupling (45) further comprises at least one gutter channel [between 50 and 52] for directing water, wherein the at least one gutter channel [between 50 and 52] is formed by two weirs [walls that create the grooves 50 and 52] on the top surface of the support coupling (45), and the interior gasket support (50) and the exterior gasket support (52) are separated by the at least one gutter channel, and wherein the compressible interior gasket (56) and the compressible weather gasket (56) do not contact the two weirs [walls that create the grooves 50 and 52] because they are connected by bases (55) of the sweep seal.
Regarding claim 4, Daggy teaches in Figures 5 and 6, the support coupling (45) of the dual gasket assembly (12) is attached to the first edge face (20) of the first wall panel (10) by the attachment area of the dual gasket assembly (12).
Regarding claim 5, Daggy teaches in Figures 5 and 6, the compressible interior gasket (56) is attached to the interior gasket support (50) by a projection (55) extending from the compressible interior gasket (56) seated in a cavity in the interior gasket support (50); and the compressible weather gasket (56) is attached to the exterior gasket support (56) by a projecting (55) extending from the compressible weather gasket (56) seated in a cavity in the exterior gasket support (52).
Regarding claim 6, Daggy teaches in Figures 5 and 6, the contact area for stabilizing the support coupling (45) on the edge face (20) is larger than the attachment area for attaching the support coupling (45) to the edge face (20).
Regarding claim 7, Daggy teaches in Figures 5 and 6, the support coupling (45) of the dual gasket assembly (12) has a length corresponding to the edge face length of the first edge face (20).
Regarding claim 8, Daggy teaches in Figures 5 and 6, the dual gasket assembly (12) has a width that is less than the edge face width of the first edge face (20).
Regarding claim 9, Daggy teaches in Figures 5 and 6, a process [a simple set of steps involving forming, providing, positioning and attaching] for making a wall panel module [an assembly of separate components] comprising a wall panel (10) [center section of panel (Column 2, Line 52)] and a plurality of dual gasket assemblies (12) [ceiling seal assembly (Column 2, Line 53)] and (15) [floor seal assembly (Column 3, Line 54)], the process comprising the steps of: forming (Column 3, Line 43) a plurality of dual gasket assemblies (12 and 15), each comprising a compressible interior gasket (56) [flexible fingers (Column 3, Lines 53)], a support coupling (45) [base plate (Column 3, Line 35)], and a compressible weather gasket (56) [flexible fingers (Column 3, Lines 53)], wherein each of the compressible interior gasket (56) and the compressible weather gasket (56) have a length that is the gasket length parallel to a length of the dual gasket assembly (12), the compressible interior gasket (56) and the compressible weather gasket (56) are mounted on the support coupling (45) with the lengths of the compressible interior gasket (56) and the compressible weather gasket (56) being parallel to one another, providing a first wall panel (10) having a first major face (30) and an opposing second major face (32), the first (30) and second (32) major faces lying in a set of parallel planes, the first wall panel (10) further having a plurality of edge faces (20, 22, 23 and 24) that are generally perpendicular to both the first major surface (30) and the opposing second major face (32), each edge face (20, 22, 23 and 24) having an edge face length that is either the vertical or horizontal length of the first panel (10) and an edge face width that is the thickness of the first panel (10), positioning each dual gasket assembly (12) adjacent to one of the edge face (20, 22, 23 and 24) of the first panel (10) in an area bounded by the set of parallel planes, the lengths of the compressible interior gasket (56) and the compressible weather gasket (56) being parallel to the edge face length, with both gaskets (56) further bounded by the set of parallel planes, and attaching the support coupling (45) of each first dual gasket assembly (12) to the edge face (20, 22, 23 and 24) to form the wall panel module; wherein the support coupling (45) of each dual gasket assembly (12) comprises a base (Column 3, Line 35), the base (Column 3, Line 35) having a top surface and a bottom surface, the top surface having an interior gasket support (50) [groove (Column 3, Line 48)] and an exterior gasket support on opposing ends of the support coupling (52) [groove (Column 3, Lines 48-49)], the compressible interior gasket (56) attached to the interior gasket support (50) and the compressible weather gasket (56) attached to the exterior gasket support (52); wherein the bottom surface of the base (Column 3, Line 35) has a contact area [location 35 where it contacts the wall] for stabilizing [there are two locations 35] the support coupling (45) on the first edge face (20) of the first wall panel (10), and the bottom surface of the support coupling base (Column 3, Line 35) further comprises an attachment area for attaching the support coupling to one of the first edge faces (20) of the first wall panel (10); and wherein the top surface of the base (Column 3, Line 35) of the support coupling (45) further comprises at least one gutter channel [between 50 and 52] for directing water, wherein the at least one gutter channel [between 50 and 52] is formed by two weirs [walls that create the grooves 50 and 52] on the top surface of the support coupling (45), and the interior gasket support (50) and the exterior gasket support (52) are separated by the at least one gutter channel; and wherein the compressible interior gasket (56) and the compressible weather gasket (56) do not contact the two weirs [walls that create the grooves 50 and 52] because they are connected by bases (55) of the sweep seal.
Regarding claim 12, Daggy teaches in Figures 5 and 6, the support coupling (45) of each dual gasket assembly (12) is attached to each edge face (20) of the first wall panel (10) by the attachment area of the support coupling (45).
Regarding claim 13, Daggy teaches in Figures 5 and 6, the compressible interior gasket (56) is attached to the interior gasket support (50) by a projection (55) extending from the compressible interior gasket (56) seated in a cavity in the interior gasket support (50); and the compressible weather gasket (56) is attached to the exterior gasket support (52) by a projection (55) extending from the compressible weather gasket (56) seated in a cavity in the exterior gasket support (52).
Regarding claim 14, Daggy teaches in Figures 5 and 6, the support coupling (45) of each dual gasket assembly (12) has a length corresponding to the edge face length of the edge face (20) to which it is attached.
Regarding claim 15, Daggy teaches in Figures 5 and 6, each dual gasket assembly (12) has a width that is less than the edge face width of the first edge face (20) to which it is attached.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635