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 .
Responses to Amendments
Applicant’s arguments are persuasive to overcome rejection of claims 1 and 9 as set forth in the most recent office action mailed 03/17/2026. Hence, the rejections of claim 1 and 9 are withdrawn.
Responses to Arguments
Applicant’s amendment and arguments associated with claim 11 have been considered but are moot in view of the new ground(s) of rejection. See new ground(s) of rejection below.
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
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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 based on one or more markings on the insulation measurement device, the one or more markings comprising first markings that indicate the property of the loose fill insulation for a first depth and second markings that indicate the property of the loose fill insulation for a second depth ([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); [0037]: readout assembly 26 has a plunger stem 38 that has a scale or scales 48 with graduated markings; [0022]: the 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; since readout assembly 26 has a plunger stem 38 that has a plurality of scales 48 with graduated markings and since the 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 (as seen in [0037, 0022]), “when the readout assembly is adjusted for first depth” corresponds to “first markings that indicate the property of the loose fill insulation for a first depth”; “when the readout assembly is adjusted for second depth” corresponds to “second markings that indicate the property of the loose fill insulation for a second depth”; thus “determining a property of the loose fill insulation based on a distance by which the shaft 38 of the plunger assembly extends beyond the rear surface of the frame based on one or more markings on the insulation measurement device, the one or more markings comprising first markings that indicate the property of the loose fill insulation for a first depth and second markings that indicate the property of the loose fill insulation for a second depth”).
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”).
Allowable Subject Matter
Claims 1-10 are allowable.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 1, claim 1 includes the faceplate extends beyond the front surface of the frame; a resilient member disposed rearward of at least a portion of the frame, when in combination with all other elements in the claim 1 distinguish the present invention from the prior arts.
As to claims 2-10, claims 2-10 are also objected due to their dependency on the objected claim 1.
Claims 13-15 and 21 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 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.
As to claim 21, claim 21 includes a first surface of the frame comprises the first markings; and a second surface of the frame opposite the first surface comprises the second markings, when in combination with all other elements in the claim 11 distinguish the present invention from the prior arts.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TRUONG D PHAN whose telephone number is (571)272-8883. The examiner can normally be reached Monday-Friday.
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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
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