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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-16, drawn to a loose fill insulation density measurement device, classified in G01L5/0038.
II. Claims 17-20, drawn to a method of manufacturing a loose fill insulation measurement device, classified in G01N3/62.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as process of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case, the loose fill insulation density measurement device as claimed can be made by hand without using 3D printing method.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
Groups I and II are related as process of making and product made. Note that these distinct groups require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with applicant’s representative (Robert D. Touslee – Reg.34032) on 01/26/2026, a provisional election was made without traverse to prosecute the invention of group I, claims 1-16. Affirmation of this election is made by applicant applicant’s representative (Robert D. Touslee – Reg.34032) on 01/26/2026 during a telephone interview on 01/26/2026. Claims 17-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-12 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fellinger – US 20070113650.
As to claim 11, Fellinger teaches a method of measuring a property of loose fill insulation in a building cavity (abstract), comprising:
positioning a faceplate 36 of a plunger assembly 24 of an insulation measurement device (fig.1) against an outer surface of loose fill insulation 52 disposed within a building cavity 54 ([0008]; fig.6, and abstract);
pressing a frame 28 of the insulation measurement device (fig.1) toward the building cavity 54 until a front surface (see described fig.1) of the frame 28 contacts framing members 56 of the building cavity 54, causing the faceplate 36 to compress a portion of the loose fill insulation 52 and causing a shaft/stem 38 of the plunger assembly 24 to extend beyond a rear surface of the frame 28 to compress a resilient member 34 ([0038]; see described fig.1; see also fig.5); and
determining a property of the loose fill insulation 52 based on a distance by which the shaft 38 of the plunger assembly 24 extends beyond the rear surface of the frame 28 ([0011, 0039]: extension/distance of stem/shaft 38 move/shift beyond the front face of calibration cap indicate as installed density or other as installed density related property value of the loose fill insulation (e.g. an as installed R-value for the insulation)).
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As to claim 12, Fellinger teaches the property of the loose fill insulation comprises one or both of a density of the loose fill insulation and an R-value of the loose fill insulation ([0011, 0039]: extension/distance of stem/shaft 38 move/shift beyond the front face of calibration cap indicate as installed density or other as installed density related property value of the loose fill insulation (e.g. an as installed R-value for the insulation)).
As to claim 16, Fellinger teaches the distance by which the shaft of the plunger assembly extends beyond the rear surface of the frame is determined based on at least one marking that is provided on the plunger assembly, the at least one marking providing an indication of the distance ([0011]: the plunger stem has a scale or scales with graduated markings or bands on a portion of its free end that, with the calibration cap properly adjusted, functions with the front face (exposed face) of the calibration cap to indicate a value or values for one or more as installed loose-fill insulation properties based on the as installed density of the loose- fill insulation within a cavity being tested. The desired as installed physical property of the loose-fill insulation (e.g. density or thermal, acoustical, or other density related property) can then be easily determined by reading the appropriate marking on the graduated scale of the plunger stem relative to the front face of the calibration cap; thus “the distance by which the shaft of the plunger assembly extends beyond the rear surface of the frame is determined based on at least one marking that is provided on the plunger assembly, the at least one marking providing an indication of the distance”).
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 1-3 and 6-10 are rejected under pre-AIA 35 U.S.C. 103 as being unpatentable by Fellinger – US 20070113650 and further in view of Klein – US 20130186206.
As to claim 1, Fellinger teaches a loose fill insulation density measurement device (fig.1 and [0007]), comprising:
a rigid frame 28 having a length of greater than 16 inches ([0018] and fig.1), the frame 28 comprising a front surface and a rear surface opposite the front surface (see described fig.1);
a plunger assembly 24 that is operably coupled with the frame 28, wherein: the plunger assembly 24 comprises a shaft 38 having a proximal end and a distal end ([0019-0020] and see described fig.1);
the plunger assembly 24 comprises a faceplate 36 coupled with the distal end of the shaft 38 (see described fig.1);
the faceplate 36 extends beyond the front surface of the frame 28;
the faceplate 36 and the shaft 38 are translatable relative to the frame 28 along a length of the shaft 38 (fig.1);
a resilient member 34 disposed rearward of at least a portion of the frame 28 (fig.1: coil spring 34 corresponds to “a resilient member”; the spring 34 is disposed rearward against at least a portion of the frame 28 in an arrow direction as shown in the described fig.1), wherein:
the resilient member 34 biases the faceplate 36 away from the front surface of the frame 28; and
Fellinger does not explicitly teach a constant spring force.
Klein teaches a concept of: a constant force compression tool 25 includes a plunger 30, handle 35, spring 40 (fig.5 and fig.14).
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify coil spring or resilient member 34 of Fellinger with concept teachings of Klein to include the resilient member has a constant spring force, to allows a user, such as a technician, to apply a consistent pressure, or load, to a material for consistently measuring compressible materials ([0017-0018]).
As to claim 2, Fellinger teaches at least one handle 30 coupled with the rear surface of the frame 28 (fig.1).
As to claim 3, Fellinger teaches the resilient member comprises a compression spring (fig.1: coil spring 34 is also corresponds to “a compression spring” because when a load is applied, the spring compresses, shortens, and exerts an opposing force to return to its original length).
As to claim 6, while Fellinger teaches the faceplate 36 has a certain lateral dimension, it does not explicitly teach the faceplate has a maximum lateral dimension of between 3 inches and 15 inches.
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify a certain lateral dimension of the faceplate of Fellinger to include the faceplate has any desired lateral dimension i.e. a maximum lateral dimension of between 3 inches and 15 inches, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
As to claim 7, while modified Fellinger teaches a certain constant spring force of the resilient member, it does not explicitly teach the constant spring force of the resilient member is between 5 N/m and 10 N/m.
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify a certain constant spring force of the resilient member of modified Fellinger to include any desired constant spring force of the resilient member i.e. between 5 N/m and 10 N/m, since it has been held that where the general conditions of i.e. constant spring force of the resilient member are disclosed in the prior art, discovering the optimum or workable constant spring force ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
As to claim 8, Fellinger further teaches the plunger assembly 24 comprises a plurality of markings 48 corresponding to density measurements, with a respective marking that corresponds to a given density of insulation within a building cavity 54 being visible beyond a housing 42 of the plunger assembly ([0037] and fig.4).
As to claim 9, Fellinger teaches the measurement device comprises a first side and a second side opposite the first side (see described fig.1: second side is opposite the annotated first side). Fellinger further teaches a first depth and a second depth of building cavity depths ([0022]: readout assembly 26 of the portable gauge 20 can be adjusted to calibrate the readout assembly for different loose-fill insulations, different as installed insulation thicknesses, and/or different cavity depths; [0032]: create a scale on the plunger stem 38 of the portable gauge 20 with R-value and/or some other performance measurement increments in place of the inch scaling; [0007-0009]: readout assembly of the portable gauge of the subject invention can be adjusted to calibrate the readout assembly for different loose-fill insulations, as installed insulation thicknesses, and cavity depths).
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Modified Fellinger does not explicitly teach the first side comprises an R-value guide for a first depth of building cavity; and the second side comprises an R-value guide for a second depth of building cavity.
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify first side and second side of modified Fellinger to include the first side comprises an R-value guide for a first depth of building cavity; and the second side comprises an R-value guide for a second depth of building cavity, to visually allow users to calibrate the portable gauge/measurement device for different loose-fill insulations, as installed insulation thicknesses, and cavity depths.
As to claim 10, while modified Fellinger teaches a certain total light weight of the measurement device ([0007]), it does not explicitly teach the measurement device has a total weight of no greater than 10 pounds.
It would thus have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify a total weight of the measurement device of modified Fellinger to include any desired total weight of the measurement device of modified Fellinger to include the measurement device has any desired total weight i.e. a total weight of no greater than 10 pounds, since it has been held that where the general conditions of i.e. a certain total light weight of the measurement device are disclosed in the prior art, discovering the optimum or workable weight ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (CCPA 1955).
Allowable Subject Matter
Claims 4-5 and 13-15 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 4, claim 4 includes a second housing member that is slidably received within the internal cavity of the first housing member, a bottom end of the second housing member comprising a flange; the second housing member is coupled with the shaft; and the resilient member is disposed between the cap and the flange of the second housing member, when in combination with all other elements in the claim 4 distinguish the present invention from the prior arts.
As to claim 5, claim 5 is also objected due to their dependency on the objected claim 4.
As to claim 13, claim 13 includes rotating the frame of the insulation measurement device such that the first surface faces downward, when in combination with all other elements in the claim 13 distinguish the present invention from the prior arts.
As to claim 14, claim 14 includes attaching a weight of a known mass to an end of the plunger assembly opposite the faceplate, when in combination with all other elements in the claim 14 distinguish the present invention from the prior arts.
As to claim 15, claim 15 includes removing the cap; replacing the resilient member with a different resilient member, when in combination with all other elements in the claim 15 distinguish the present invention from the prior arts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUONG D PHAN whose telephone number is (571)272-8883. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUONG D PHAN/Examiner, Art Unit 2855
/JOHN E BREENE/ Supervisory Patent Examiner, Art Unit 2855