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 .
DETAILED ACTION
This is a final office action in response to the amendment filed 1/23/2026.
Claims 1, 3 and 5-7 are amended, and claim 4 is canceled.
Claims 1-3 and 5-7 are pending and examined.
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.
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)(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.
Claim 6 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Asahi(JP2012202187; cited on IDs filed 12/15/2023).
Asahi discloses a heat-insulating waterproof member(60, see Fig. 1) used in a heat-insulating waterproof structure of a building(see Fig. 1), the heat-insulating waterproof member comprising:
a heat-insulating member(61);
a waterproof member(4, see para. [0037) integrated with the heat-insulating member(via 81b), and
an auxiliary member(81/81a, 81b), wherein:
the heat-insulating member(61) has a form of a tape(the member is planar, tape when used is planar and therefore the claim limitation is considered to be met) and is arranged along a lower end portion of an exterior wall body of the building(see Figs. 1 and 7),
the waterproof member(4) is arranged along a lower end of the heat-insulating member(see Figs. 1 and 7),
the auxiliary member(81) includes a first portion(81a) that is attached to the heat-insulating member(61) and the waterproof member(4, 81a is attached directly 6o 61, and indirectly via 81b, see Fig. 1), and a second portion(81b) that is arranged along the heat- insulating member(61, see Fig. 1), and
the first portion(81a) has the form of a plate that is perpendicular to a height direction of the building(see Fig. 1).
Claim 6 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakanishi(JP20200020234; cited on IDS filed 12/15/2023).
Nakanishi discloses a heat-insulating waterproof member(see Fig. 2) used in a heat-insulating waterproof structure of a building(100, see Fig. 2), the heat-insulating waterproof member(7/106/108) comprising:
a heat-insulating member(7);
a waterproof member(106) integrated with the heat-insulating member(via 3), and
an auxiliary member(3, see Fig. 2), wherein:
the heat-insulating member(7) has a form of a tape(the member is planar, tape when used is planar and therefore the claim limitation is considered to be met) and is arranged along a lower end portion of an exterior wall body of the building(see Fig. 2),
the waterproof member(106) is arranged along a lower end of the heat-insulating member(see Fig. 2),
the auxiliary member(3) includes a first portion(perpendicular portion of 3) that is attached to the heat-insulating member(7) and the waterproof member(106, via horizontal portion, see Fig. 2), and a second portion(3b) that is arranged along the heat- insulating member(7, see Fig. 2), and
the first portion has the form of a plate that is perpendicular to a height direction of the building(see Fig. 2).
Response to Amendment
Applicant’s amendment has overcome the previous 112 rejection and rejection of claims 1-3, 5 and 7 as anticipated by Asahi.
Response to Arguments
Applicant’s arguments with respect to claim 6 have been considered but are not persuasive. The elements of the claim have been specifically pointed to in the above rejection and considered to meet the claim limitations. The elements discussed in the filed arguments are no longer pertinent to the above rejection and a new ground of rejection has been made.
Applicant’s arguments regarding the 112 rejection and rejection of claim 1-3, 5 and 7 are moot given that the rejections have been withdrawn.
Allowable Subject Matter
Claims 1-3, 5 and 7 are allowed.
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 BETH A. STEPHAN whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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BETH A. STEPHAN
Primary Examiner
Art Unit 3633
/Beth A Stephan/