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 .
Applicant’s election, with traverse, of Group I claims 1-9 and 15 directed to a bituminous grit-coated tile. Applicant argues that the restriction is proper if the restricted groups are independent and patentably distinct and there would be a serious burden placed on the Examiner if restriction is not required. Group I is directed to a bituminous tile – a product. Group II is directed to a method. The two groups are patentably distinct in that the groups are classified in different classes and subclasses. Additionally, the steps in the method for producing a bituminous grit-coated tile are different from the components forming the bituminous grit coated tile. The restriction is proper and is made FINAL. Accordingly, claims 10-14 are withdrawn from consideration at this time.
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 1-9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Graziano, U.S. Pre Grant Publication 2016/0177568 in view of Cappelli, U.S. Pre Grant Publication 2011/0047929 and in further view of Kayo et al., JP 2017/008495.
Regarding claims 1, 7-9 and 15, Graziano discloses a laminated bituminous tile [abstract] . Paragraph 0022 discloses a multilayer bituminous tile having a first and second layer wherein the first layer has an inner and outer surface with the outer surface having grit coated thereon. Examiner is corresponding Graziano’s first layer to Applicant’s second. Applicant’s claims do not distinguish the first layer from being different from the second layer. Additionally, paragraph 0022 discloses that the second layer has an inner and outer surface with an adhesive layer on the inner surface of the first layer. Paragraph 0071 discloses a glass nonwoven fabric as a support sheet. The title of Graziano discloses a roof covering.
Graziano is silent to the grit being a mineral grit. Capelli discloses bituminous tile for roofing [abstract and title]. Paragraph 0008 discloses stabilized mineral ceramic grit are coated onto the bituminous tile wherein the function of the grit is to confer color to bituminous surface and protect it from UV rays. Graziano and Capelli are analogous art in that both references are directed to a roof cover containing bituminous tile coated with grit. One of ordinary skill in the art before the effective filing date of the invention would utilized the mineral ceramic grit of Capelli in Graziano for the benefit of enhanced protection from UV rays.
Grazian is silent to a support including a non-woven glass fabric coupled with a glass fiber net. Kato discloses a bituminous membrane having inner and outer layers [see abstract and drawings]. The claims in Kato discloses a combination nonwoven glass fabric and glass fiber mat as the support. Kato discloses excellent thermal insulation effect. Graziano, Capelli and Kato are analogous art in that the references are directed to bituminous roofing materials. One of ordinary skill in the art before the effective filing date of the invention to utilize the support of Kato as the support in Graziano for the benefit of enhanced thermal insulation effect.
Regarding claims 2-5, Grazian discloses a multilayer bituminous tile. Multilayer can include two or more layers. Paragraph 0071 discloses that the bituminous tile provides protection from UV rays. One of ordinary skill in the art before the effective filing date of the invention would include several layers of bituminous tile forming first and second intermediate layer.
Graziano is silent to wherein the first external bituminous layer and the second external bituminous layer comprise oxidized bitumen or distilled bitumen modified with a modifier comprising a polymer, flux, plasticizer, adhesion promoter, mineral filler, or mixture thereof.. Capell discloses in paragraph 0053 that bituminous tile can include oxidized bitumen.
Graziano and Capelli are analogous art in that both references are directed to a roof cover containing bituminous tile coated with grit. One of ordinary skill in the art before the effective filing date of the invention would utilize oxidized bitumen of Capelli in multilayers of bitumen Graziano for the benefit of enhanced protection from UV rays.
Regarding claim 6, Graziano is silent to wherein the first external bituminous layer and the second external bituminous layer comprise oxidized bitumen or distilled bitumen modified with a modifier comprising a polymer, flux, plasticizer, adhesion promoter, mineral filler, or mixture thereof.. Capell discloses in paragraph 0053 that bituminous tile can include oxidized bitumen.
Graziano and Capelli are analogous art in that both references are directed to a roof cover containing bituminous tile coated with grit. One of ordinary skill in the art before the effective filing date of the invention would utilize oxidized bitumen of Capelli in the first and second layers of bitumen Graziano for the benefit of enhanced protection from UV rays.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm.
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/CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
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