DETAILED ACTION
Claim Rejections - 35 USC § 103
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.
Claim(s) 9, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennett et al. (US 20190376287) in view of Rey (FR2638814).
In re Claim 9 and 10 Bennet teaches a method for constructing a wall with an air vapor barrier, the method comprising: installing a first wall panel unit onto a frame (110) structure of a building, the first wall panel unit comprising a sheet of sheet material (120) and a layer of air vapor barrier membrane(130,132,134) on a front facing side of the sheet of sheet material wherein installing the first wall panel unit positions the rear facing side of the sheet of sheet material and the first border open to an interior of the building. Installing a second wall panel unit onto a frame structure (110) of a building, the second wall panel unit comprising a piece of sheet material (120) and a layer of air vapor barrier membrane on a front facing side of the piece of sheet material. Figure 9 B shows the second wall panel unit spaced from the first wall panel unit to define a gap between them. Installing the second wall panel unit positions the rear facing side of the piece of sheet material and the second border open to the interior of the building. An air vapor barrier membrane strip (140) is installed to span the gap. The examiner notes that the strip is a polyethylene tape which is a barrier to vapor to some degree. The tape has an adhesive which seals a first lengthwise edge of the strip against the first border and seals an opposite, second lengthwise edge of the strip against the second border. This tape adhesive is a line of sealant that is applied to first length wise edge of the strip and is applied on the first border when the tape is put in place.
Bennet does not teach that the air vapor strip is installed, from a position within the interior of the building.
However, the examiner notes that Figure 7 and Fig 9B, shows a vapor barrier membrane strip (140) installed on one side of the wall at a wall panel joint. It would have been obvious to one having ordinary skill in the art to prior to the effective date of the invention to install the air vapor barrier membrane strip on the second side of the gap since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8 Installing a vapor barrier membrane to both sides would increase the level of protection against water vapor and condensation infiltration.
Figure 1 and Figure 7 show wall panels mounted to a stud wall where there are gaps between the studs. Therefore, panel boundaries between those gaps would be open to the interior of the building. Furthermore, Figure 7, shows the a vapor barrier membrane strip installed over top of the joint between the panel that have been mounted to the frame (110). Therefore, vapor barrier membrane strip being mounted onto the opposite side of the gap between panels would be mounted from the positions within the interior of the building.
Bennet does not teach the air vapour barrier membrane being wrapped around perimeter edges of the sheets of sheet material and forming a first and second border of membrane exposed on a perimeter portion of a rear facing side of the sheet of sheet material.
Rey teaches a panel that is that is complexly wrapped in an air vapor barrier membrane (24). (Figure 5)
It would be obvious to one of ordinary skill in the art prior to the invention to the air vapor barrier membrane being wrapped around perimeter edges of the sheets of sheet material and forming a first and second border of membrane exposed on a perimeter portion of a rear facing side of the sheets of sheets material. This would enhance the degree of protection against water vapor penetration.
In re Claim 14, the modified Bennett has been previously discussed. The examiner notes that it would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to inspect the wall interior at the interior of the building for signs of water damage due to infiltration at the seems/gaps between the panels. Noting the presence or lack of damage can be considered an inspection of the vapor membrane strip and its proper functionality.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bennett et al. US 20190376287) in view of Rey (FR2638814), and in further view of Dahlin (U.S. 9,856,645).
In re Claim 13, the modified Bennett has been previously discussed, but does not teach arranging flashing that extends laterally from the sheet to span the gap.
Dahlin teaches flashing (21,22,23,24) that is installed across the length of the wall to drain away moisture. (Figure 1)
It would be obvious to one of ordinary skill in the art prior to the effective filing date of the invention to install a laterally extending flashing in order to drain off moisture and provide additional protection against moisture penetration into the interior. A flashing that extends along the length of the wall will span the gaps between the panels of that wall.
Allowable Subject Matter
Claims 11 and 12 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 19 and 20 are allowable.
The prior art of record fails to teach or adequately suggest a method of wall construction with the combination of characteristics specified in the claims. Of particular note are the fasteners that are covered in sealant and installed through membrane strip and the first border and into engagement with the sheet of sheet material. There is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the effective filing date of the claimed invention to modify the prior art to obtain the applicant's invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 ADAM G BARLOW whose telephone number is (571)270-1158. The examiner can normally be reached Monday - Friday, 9:00 am-4:00 pm EST.
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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/ADAM G BARLOW/Examiner, Art Unit 3633
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633
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