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 .
Status of Application
Claims 1-3, 5-8, 10-18 and 21-23 are pending. Claims 11-18 and 21 are withdrawn. Claims 1-3, 5-8, 10, 22 and 23 are presented for examination.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/28/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-8, 10, 22 and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The disclosure is objected to because of the following informalities: Paragraph 155 states that when sodium dihydrogen phosphate is used it creates a porous coating as the sodium dihydrogen phosphate decomposes into carbon dioxide and water. However, sodium dihydrogen phosphate is known to decompose but it doesn’t decompose to yield carbon dioxide gas. Additionally, as it doesn’t decompose to yield a gas it wouldn’t generate a porous coating where the sodium dihydrogen phosphate acts as a blowing agent.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
1. Claims 1-3, 5-8, 10, 22 and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Independent claims 1 and 22 recite that the process yields a porous roofing membrane and that sodium bicarbonate and sodium dihydrogen phosphate are used as the water-release agent. However, the specification only supports the generation of a porous membrane when sodium bicarbonate is used that generates carbon dioxide upon decomposition. Therefore, the original disclosure fails to support amended claims 1 and 22; thus, claims 1 and 22 fail to comply with the written description requirement. Claims 2, 3, 5-8, 10 and 23 depend from either claim 1 or 22 and fail to comply with the written description requirement for the same reasons.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
2. Claim 23 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 23 recites that the surface can be a wall, a window frame, a door frame, a seam, a pipe, a through-hole or a coating. However, parent claim 22 requires that the curing yields a roofing membrane. Therefore, the surfaces recited in claim 23 actually broaden what the surface can be in parent claim 22 which requires a roofing membrane to be formed. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
If claims 1 and 22 are amended to limit the heat-activated water-release agent to be sodium bicarbonate the claims would be allowable. The claims would be allowable as the prior art fails to teach or suggest forming a porous roofing membrane by utilizing sodium bicarbonate as the heat-activated water-release agent.
Conclusion
Claims 1-3, 5-8, 10-18 and 21-23 are pending.
Claims 11-18 and 21 are withdrawn.
Claims 1-3, 5-8, 10, 22 and 23 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT S WALTERS JR whose telephone number is (571)270-5351. The examiner can normally be reached Monday-Friday 8-5.
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/ROBERT S WALTERS JR/
October 1, 2026 Primary Examiner, Art Unit 1717
