DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-15 as originally filed are pending and have been considered below.
Claim Objections
Claim(s) 12 is objected to because of the following informalities:
Regarding claim 12, at line 1, the recitation “wherein one or more connection elements”, is understood to mean -- wherein one or more connection elements – for consistency.
Appropriate correction is required.
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 of this title, 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.
Claim(s) 1-3, 6, 7, and 11-15, is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonoshita (U.S. Patent No. 5,761,864) in view of Sievers et al. (U.S. Patent No. 9,702,152).
Regarding claim 1, Nonoshita teaches a drainage mat (exterior wall; figure 3), comprising: a mat panel (40) with a first face (inner face) and a second face (outer face), each face with a first edge and a second edge (left and right edges; figure 3); a plurality of grooves or channels (68) in the first face (figure 3), configured to contain and/or direct moisture or water flow therein (it is understood that the grooves are capable of functioning as containing and/or directing moisture or water flow therein).
Nonshita does not specifically disclose wherein the mat panel comprises fire-resistant material.
Sievers et al. discloses a wall assembly (abstract) wherein the mat panel comprises fire-resistant material (flame retardant 52; col. 12, lines 30-35).
Therefore, from the teaching of Sievers et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the building panel assembly of Nonoshita such that the mat panel comprises fire-resistant material, as taught by Sievers et al., in order to protect the building from possible spreading a fire.
Regarding claim 2, Sievers et al. in the combination discloses the mat panel comprises mineral wool (rock wool; col. 12, lines 58-60).
Regarding claim 3, Nonoshita teaches the mat panel is rigid (panel-like wall material is understood to be rigid; col. 6, lines 30-35).
Regarding claim 6, Nonoshita teaches at least some of the plurality of grooves or channels extend between the first edge and the second edge of the first face (figure 3).
Regarding claim 7, Nonoshita teaches at least some of the plurality of grooves or channels are parallel to the first edge or the second edge (figure 3).
Regarding claim 11, Nonoshita teaches an assembly (figure 3) comprising a first panel (46), a second panel (38), and one or more connection elements (20) therebetween (figure 4); and a fire-resistant drainage mat as set forth in claim 1 (as taught in the 103 combination above), overlaying a side of the second panel opposite the one or more connection elements (figure 4).
Regarding claim 12, Nonoshita teaches the one or more connection elements are studs (figure 4).
Regarding claim 13, Nonoshita teaches a weather-resistant barrier layer (asphalt felt material 50; it is understood that asphalt felt is capable of weather resistance) disposed between the second panel and the fire-resistant drainage mat (figure 3).
Regarding claim 14, Nonoshita teaches an outermost layer (backing board 36) overlaying a face of the fire-resistant drainage mat opposite the second panel (figure 3).
Regarding claim 15, Nonoshita teaches at least one cavity (space between the first and second panels) disposed between the first panel and second panel (figure 4), said at least one cavity filled in whole or in part with insulating material (insulation 48).
Claim(s) 4 and 5, is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonoshita (U.S. Patent No. 5,761,864), in view of Sievers et al. (U.S. Patent No. 9,702,152), and in view of Cogliano (CA 1,229,993).
Regarding claim 4, Nonoshita does not specifically disclose a backing layer.
Cogliano discloses a construction barrier (abstract) including a backing layer (protective coating 10; figure 2).
Therefore, from the teaching of Cogliano, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the building panel assembly of Nonoshita such that the mat panel comprises a backing layer, as taught by Cogliano, in order to protect the mat from damage during transport and assembly.
Regarding claim 5, Cogliano in the combination discloses the backing layer comprises a paper backing (col. 12, lines 15-20).
Claim(s) 8-10, is/are rejected under 35 U.S.C. 103 as being unpatentable over Nonoshita (U.S. Patent No. 5,761,864), in view of Sievers et al. (U.S. Patent No. 9,702,152), and in view of Gartz et al. (U.S. Pub. No. 2008/0034690).
Regarding claim 8, Nonoshita does not specifically disclose at least some of the plurality of grooves or channels are curved.
Gartz et al. discloses a drainage underlayment (abstract) wherein at least some of the plurality of grooves or channels are curved (figure 3b).
Therefore, from the teaching of Gartz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the building panel assembly of Nonoshita such that at least some of the plurality of grooves or channels are curved, as taught by Gartz et al., in order to control or regulate the drainage rate, to define a more tortuous drainage path to avoid water pooling or back flow.
Regarding claim 9, Nonoshita does not specifically disclose at least some of the plurality of grooves or channels overlap and/or intersect.
Gartz et al. discloses a drainage underlayment (abstract) wherein at least some of the plurality of grooves or channels overlap and/or intersect (figure 3b).
Therefore, from the teaching of Gartz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the building panel assembly of Nonoshita such that at least some of the plurality of grooves or channels overlap and/or intersect, as taught by Gartz et al., in order to control or regulate the drainage rate, to define a more tortuous drainage path to avoid water pooling or back flow.
Regarding claim 10, Nonoshita does not specifically disclose a second plurality of grooves or channels in the second face.
Gartz et al. discloses a drainage underlayment (abstract) including a second plurality of grooves or channels in the second face (figure 2b).
Therefore, from the teaching of Gartz et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the building panel assembly of Nonoshita to include a second plurality of grooves or channels in the second face, as taught by Gartz et al., in order to control or regulate the drainage rate, for structures whereby escaping both interior and exterior moisture of a building is a concern.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to drainage mats in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633