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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/30/2023 was considered by the examiner.
Claim Rejections - 35 USC § 112
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 3 and 10- 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.
The term “small vertical flow resistance” and “large horizontal flow resistance” in claim 3 and 19 are a relative term which renders the claim indefinite. The term “slowed rate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “slowed rate” in claim 19 is a relative term which renders the claim indefinite. The term “slowed rate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claims 3 and 10-28 are rejected under 35 U.S.C. 103 as being unpatentable over Behrens EP0475489 in view of Funke EP0875637.
Claim 3, 11, and 19. Behrens discloses an assembly configured to manage a flow of storm water that enters a drainage system of a roof, the assembly comprising: a plurality of substantially horizontally extending layers, those layers comprising: a vegetation layer (2), a soil layer (1), a retention layer (3), a detention layer (4), a friction layer (9,10), the friction layer comprised of a top sheet (9) and a bottom sheet (10) joined by a plurality of pliable threads (5, Fig. 1; col 3: 21-26), the bottom sheet and top sheet comprising a woven synthetic polymeric material (9, 10, Fig. 1; col 3: 21-26 - fleece mat of plastic material).
Behrens further discloses the thread are roughly woven between woven fleece of plastic layers 9 and 10 that are water absorbing and permeable, however Behrens does not specifically teach the threads being substantially vertically-oriented; and; the detention layer having a small vertical flow resistance and a large horizontal flow resistance, and further comprising a vertical polymeric honeycomb structure. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to form the threads vertically-oriented between the top and bottom layers in order to have allowed for a more ideal and effective draining layer while properly securing the top and bottom layer, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Furthermore, Funke before the effective filing date discloses an assembly (Fig. 1, 3, 19) configured to manage a flow of storm water that enters a drainage system of a roof (Fig.1), the assembly comprising: a plurality of substantially horizontally extending layers (4, 5, 6, 14, 23, 25, Fig. 1, 3, 6, 12, 19, 20), those layers comprising: a vegetation layer (7, 23, 44, Fig. 1, 3, 19, 20), a detention layer (14, 25, Fig. 1, 2a, 3, 4, 6), a retention layer (43, Fig. 19), and a friction layer (4, 5, 6, Fig. 1, 3, 12, 19); the detention layer having a small vertical flow resistance and a large horizontal flow resistance, and further comprising a vertical polymeric honeycomb structure (14, 25, Fig. 1, 2a, 3, 4, 6, 19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the detention layer of Behrens's assembly by employing the honeycomb grid structure taught by Funke, in order to have allowed for better retention of the nutrient substrate on sloped rooftops, while also offering greater protection from environmental factors.
Claim 10 and 20. Behrens as modified discloses the vegetation layer is configured and capable to prevent and/or reduce lateral sheet flow (due to the structure of the vegetation especially the roots).
Claim 12, 13, 21, and 22. Behrens as modified discloses the friction layer is configured to reduce a peak outflow rate of storm water from the assembly into the roof drainage system, reduce a peak outflow volume of storm water from the assembly into the roof drainage system over an amount of time, delay the peak outflow of storm water from the assembly into the roof drainage system, and/or create a longer tail outflow resulting in an overall prolonged event, such that when the plurality of substantially horizontally extending layers are saturated, the friction layer is configured with a tightly woven synthetic polymeric material of the top sheet and a dense thread count plurality of substantially vertically- oriented pliable threads to resist a peak outflow of storm water from the assembly into the roof drainage system (the friction layer releases the storm water at a slowed rate based on the woven fleece material while the slowed rate is related to a tightness of the woven synthetic polymeric material of the top sheet and a density or thread count of the plurality of substantially intermediate pliable threads.)
Claim 14 and 23. Behrens as modified fails to disclose the thread count density is between 50 and 500 threads/square centimeter. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide a thread count density between 50 and 500 threads/square centimeter for tighter control of flow rate, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art
Claim 15 and 24. Behrens as modified discloses each thread of the plurality of substantially vertically-oriented pliable threads extends at a substantially predetermined angle with respect to the top sheet and the lower sheet (inherently the threads are at an angle to the top and bottom).
Claim 16 and 25. Behrens as modified discloses the plurality of substantially vertically-oriented pliable threads are made from a thermoplastic material (Col.3:22-23) selected from the group of polypropylene, polyethylene, polyethylene terephthalate, polyester, polyether sulfone, and/or an inorganic fiber (Col.2: 8-13).
Claim 17 and 26. Behrens as modified is silent the retention layer is made of a material selected from the group of mineral wool, glass wool, slag wool, rock wool, and/or heat-spun fibers, however Funke discloses using Rock wool as detention layer (43, Fig.19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide a retention layer made of rock wool which l is hydrophobic and does not promote the growth of mold, mildew, or fungi. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim 18 and 27. Behrens as modified is silent on each thread of the plurality of substantially vertically-oriented pliable threads is sickle-shaped, zigzag shaped, and/or saw tooth shaped. It would have been obvious to one of ordinary skill in the art before the filing date of the instant invention to provide a zigzag shaped to manage and extend both the vertical and horizontal flow resistance, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent.
Claim 28. Behrens as modified discloses the retention layer (3) is configured to absorb, hold and release buffered water to the soil layer (Col.3:12-20 - This layer 3 has a moisture buffering action. When the upper layer [soil layer 1 in Fig.1] becomes too dry, moisture kept in this ground substrate is returned, possibly with minerals dissolved therein. ).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633