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 .
Claim Objections
Claim 21 objected to because of the following informalities: there are two claims numbered 21. The examiner will treat the second claim “21” as claim 22. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15, 19, 21-22 are rejected under 35 U.S.C. 102(a)(1) and/or (2) as being anticipated by Bland et al. (US 7807592). Bland et al. disclose a gypsum wallboard suitable for Level 4 finishing having a coated non-woven first glass fiber mat facing material on one major surface and an optionally coated second glass fiber mat on the other major surface. The first glass fiber mat has a majority of fibers of a nominal fiber diameter between 8 and 11 microns and a fiber length between 1/4 and 3/4 inch and has a basis weight between about 1.7 lb./100 ft..sup.2 and about 2.0 lb./100; the second glass fiber mat has a majority of fibers of a nominal fiber diameter of at least 13 microns but no greater than about 16 microns and a fiber length between 3/4 and 1 inch and has a basis weight between about 1.8 lb./100 ft 2 and about 2.2 lb./100 ft 2, and wherein the fibers in both of the non-woven glass fiber mats are bound together with an acrylic-type adhesive binder (abstract). The acrylic-based binder should constitute at least 50 wt. percent, preferably at least 75 wt. percent, more preferably at least 80 wt. percent and up to least 90 wt percent and most preferably the exclusive glass mat adhesive for each of the mats facing the two major surfaces of a gypsum board. (col 7, ln 41-46). Acrylic-type polymers and copolymers particularly useful for making glass mats suitable for preparing the glass mat-faced gypsum board of the present invention are supplied as latex materials and in use have a glass transition temperature (GTT) of at least about 20.degree. C., but not above about 115.degree. C. Thus, acrylic-type polymers and copolymers having a glass transition temperature (GTT) of at least about 30.degree. C., but not above about 85.degree. C. would be especially suitable. Acrylic-type polymers and copolymers with a GTT of about 40.degree. C. are particularly useful. While it is preferred that the same acrylic-type adhesive binder be used for both mats, as long as the glass transition temperature (GTT) of each acrylic-type adhesive binder is at least about 20.degree. C., but not above about 115.degree. C., the adhesive binders should have enough flexibility to allow the objectives of the present invention to be obtained (col 8, ln 37-51). A gypsum wallboard comprising: a gypsum core having a planar first major face and a planar second major face; a first coated non-woven mat facing material comprising glass fiber and an adhesive polymer binder, the first coated non-woven mat facing material adhered on a non-coated side to the planar first major face of the gypsum core, wherein the first coated non-woven mat has a first basis weight before application of the coating; a second non-woven mat facing material comprising glass fiber wherein the second non-woven mat facing material is optionally coated with an adhesive polymer binder, the second coated non-woven mat facing material adhered on a non-coated side to the planar second major face of the gypsum core, wherein the second non-woven mat has a second basis weight before application of the optional coating, and wherein the second basis weight is greater than the first basis weight. The gypsum wallboard wherein the second basis weight is at least about 0.15 pounds per 100 square feet greater than the first basis weight. Further, the gypsum wallboard wherein the second basis weight is at least about 0.5 pounds per 100 square feet greater than the first basis weight (claims 1-3). The gypsum core 12 of wallboard 10 of the present invention is basically of the type used in gypsum structural products commonly known as paper-faced gypsum wallboard, dry wall, gypsum hoard, gypsum lath and gypsum sheathing. The present invention is not limited to any particular core composition. The core of such a gypsum product is formed by mixing water with powdered anhydrous calcium sulfate or calcium sulfate hemi-hydrate (CaSO.sub.4.1/2/H.sub.2O), also known as calcined gypsum to form an aqueous gypsum slurry, and thereafter allowing the slurry mixture to hydrate or set into calcium sulfate dihydrate (CaSO.sub.4.1/2H.sub.2O), a relatively hard material (col 12, ln 60-67).
Claim(s) 1-4, 8-13 and 16-22 are rejected under 35 U.S.C. 102(a)(1) and/or (2) as being anticipated by Gilley et al. (US 2020/0385992). Gilley et al. disclose panels for use in building construction such as roofing panels that provide easy installation and improved strength and/or weather resistant properties, including hail resistance (0002 and 0005). The building panels may include a structural core, such as a set gypsum core. The panels include at least one filamentous scrim associated with the core, the filamentous scrim being a mesh constructed of elongated yarns defining a plurality of openings therebetween. A nonwoven mat facer is associated with the filamentous scrim. In certain embodiments, the building panels are roofing panels (0006). Regarding claim 18, in particular, the construction panels disclosed herein may meet the standards of FM 4470 hail resistance classes for Moderate Hail (Class 1-MH), Severe Hail (Class 1-SH), and/or Very Severe Hail (Class 1-VSH) of Factory Mutual (0048). panel 1000 may have two opposed outer surfaces 107, 109. The second outer surface 109 is formed by a coated or uncoated nonwoven mat facer (i.e., the nonwoven mat facer associated with the filamentous scrim), while the first outer surface 107 may be formed by a second coated or uncoated nonwoven mat facer (as shown in FIG. 14). Importantly, the second outer surface 109 (i.e., the surface closest to the scrim 110) may be the facing side of the roofing panel, while the opposed first outer surface 107 may be the back side of the roofing panel. In some embodiments, both the facing and back sides may have a filamentous scrim embedded therein (0058). The elongated filaments of the filamentous scrim may be formed of any suitable material, such as fiberglass or suitable polymer materials. In certain embodiments, the filamentous scrim is formed of fiberglass, which may beneficially provide fire resistance, dimensional stability, and water resistance. If formed by a plurality of elongated filaments, the yarn 112 may include an adhesive material that adheres the plurality of elongated filaments together. For example, the plurality of elongated filaments in each elongated yarn may be adhered together with urea formaldehyde or an acrylic binder, which may or may not contain a biocide material. Such bundles of elongated filaments may have a variety of cross-sectional shapes (round, triangular, square, pentagonal, etc.) although during certain manufacturing processes, the yarns 112 may be at least partially flattened. In certain embodiments, the cross-section is circular. The elongated filaments and the yarns 112 formed thereof may have any suitable length and diameter, width, and thickness. For example, the elongated filaments may each have a diameter of from about 1 μm to about 100 μm, such as from about 1 μm to about 30 μm. For example, the elongated yarns 112 may have a diameter or width of from about 0.0005 inch to about 0.5 inch, such as from about 0.05 inch to about 0.5 inch, such as from about 0.05 inch to about 0.12 inch. For example, the elongated yarns 112 may have a thickness that is different from the width (i.e. the cross-sectional shape of the yarn may not be symmetric) to create a flattened scrim profile. In such embodiments, the thickness of the elongated yarns 112 may be from about 0.05 inch to about 0.5 inch, such as from about 0.1 inch to about 0.3 inch (0062-0064). The filamentous scrim may have a weight of at least about 4 oz/yd.sup.2, such as from about 4 oz/yd.sup.2 to about 25 oz/yd.sup.2, such as from about 4 oz/yd.sup.2 to about 10 oz/yd.sup.2, or from about 4 oz/yd.sup.2 to about 6 oz/yd.sup.2 (0072), which fall within Applicant’s range. The nonwoven mat facer 104 is a nonwoven fiberglass mat formed of a plurality of glass fibers. For example, the glass fibers may have an average diameter of from about 1 to about 17 microns and an average length of from about 1/16 inch to about 1 inch. For example, the glass fibers may have an average diameter of 13 microns (i.e., K fibers) and an average length of ¾ inch. In certain embodiments, the non-woven fiberglass mats have a basis weight of from about 1.5 pounds to about 4.0 pounds per 100 square feet of the mat. The mats may each have a thickness of from about 10 mils to about 50 mils. The fibers of the nonwoven mat facer 104 may be bonded together to form a unitary mat structure by a suitable adhesive. For example, the adhesive may be a urea-formaldehyde resin adhesive, optionally modified with a thermoplastic extender or cross-linker, such as an acrylic cross-linker, or an acrylate adhesive resin (0075). The gypsum panel cores may have a density (of the core overall of a majority layer thereof, as described below) of from about 45 lbs/ft.sup.3 to about 80 lbs/ft.sup.3, such as from about 48 lbs/ft.sup.3 to about 68 lbs/ft.sup.3, such as from about 52 lbs/ft.sup.3 to about 63 lbs/ft.sup.3. For example, the construction panels described herein may have a panel weight from about 1,100 lbs/msf to about 3,500 lbs/msf, depending on panel thickness (0084). The layer(s) of the gypsum core may be similar to gypsum cores used in other gypsum products, such as gypsum wallboard, drywall, gypsum board, gypsum lath, and gypsum sheathing. For example, the gypsum core may be formed by mixing water with powdered anhydrous calcium sulfate or calcium sulfate hemihydrate, also known as calcined gypsum or stucco, to form an aqueous gypsum slurry, and thereafter allowing the slurry mixture to hydrate or set into calcium sulfate dihydrate, a relatively hard material (0087). As shown in FIG. 14, a gypsum panel 200 includes two nonwoven facers 204, 212 that are associated with the gypsum core 201. In certain embodiments, both facers 204, 212 are fiberglass mats. The second mat 212 is present on a face of the gypsum core 201 opposite the first fiberglass mat 204. In other embodiments, both mats 204, 212 have a coating 206, 214 on a surface thereof opposite the gypsum core 201 (0089). Regarding claim 21, In certain embodiments, the nonwoven mat facer and the filamentous scrim are associated simultaneously (i.e., at substantially the same time or during substantially the same process) with the filamentous scrim and the gypsum slurry. For example, a roll of filamentous scrim and a roll of the nonwoven mat facer material may be simultaneously unwound and positioned adjacent one another to provide a web onto which the gypsum slurry is deposited. In other embodiments, the nonwoven mat facer and the filamentous scrim are associated prior to their association with the gypsum slurry (e.g., offline from the gypsum panel manufacturing process). For example, the filamentous scrim and nonwoven mat facer material may be mechanically and/or chemically associated using an adhesive or other suitable means and then the combined scrim and mat facer may be unwound from a roll to provide a web onto which the gypsum slurry is deposited. For either embodiment, the nonwoven mat facer may be coated or uncoated at the time of combination with the scrim and/or gypsum slurry (111).
Claim(s) 1-13 and 19-22 are rejected under 35 U.S.C. 102(a)(1) and/or (2) as being anticipated by Foster et al. (US 2015/0064433). In one aspect, the present disclosure is directed to a method of making an unattached, membrane-ready, exterior gypsum panel, including: [0008] depositing a gypsum slurry onto a surface of a first fibrous mat; [0009] depositing a second fibrous mat onto a surface of the gypsum slurry opposite the first fibrous mat, such that a surface of the second fibrous mat contacts the gypsum slurry, to form a gypsum sandwich structure; [0010] drying the gypsum sandwich structure; [0011] applying an adhesive coating composition to a surface of the first fibrous mat opposite the gypsum slurry, such that the adhesive coating covers at least a portion of the surface of the first fibrous mat; and [0012] drying the adhesive coating composition to form a material coating on the first fibrous mat and form a membrane-ready gypsum panel, wherein the material coating includes a substantially smooth outer surface (0007). The polymeric adhesive includes an aqueous emulsion selected from acrylics, styrene acrylics, vinyl acrylics, styrene acetate acrylics, and combinations thereof (0020). The gypsum core 101 may be similar to those used in other gypsum products, such as, for example, gypsum wallboard, dry wall, gypsum board, gypsum lath, and gypsum sheathing. For example, the gypsum core 101 may be formed by mixing water with powdered anhydrous calcium sulfate or calcium sulfate hemi-hydrate, also known as calcined gypsum, to form an aqueous gypsum slurry, and thereafter allowing the slurry mixture to hydrate or set into calcium sulfate dihydrate, a relatively hard material. The gypsum core may include about 80 weight percent or above of set gypsum (i.e., fully hydrated calcium sulfate) (0037). In certain embodiments, the gypsum core 101 has a density from about 130 pounds per 100 square feet to about 145 pounds per 100 square feet (6347.1-7079.5 g/m.sup.2) (0040). As shown in FIG. 1, in certain embodiments, both surfaces of the 101 gypsum core are faced with coated fibrous mats 104, 114. The mats 104, 114 include a plurality of fibers 115 that are typically enmeshed or entangled with the gypsum core 101 at the surface interfaces 106, 112 (0041). In certain embodiments, the mats 104, 114 are non-woven fiberglass mats. For example, the glass fibers 115 in the mats 104, 114 may an average diameter from about 10 to about 17 microns and an average length from about 1/4inch to about 3/4inch (0.64 to 1.91 cm). For example, the glass fibers 115 may have an average diameter of 13 microns (i.e., K fibers) and an average length of 3/4inch. In certain embodiments, the non-woven fiberglass mats 104, 114 have a basis weight from about 1.5 pounds to about 2.5 pounds per 100 square feet (73.2-122.1 g/m.sup.2) of the mat. The mats 104, 114 may each have a thickness from about 20 mils to about 26 mils. The fibrous mats 104, 114 may each also include a mat coating 120, 122 on one or both surfaces of the non-woven fibrous mat. For example, as shown in FIG. 1, the first and second fibrous mats 104, 114 may each be coated on the surface of the mat opposite the gypsum slurry 101. The mat coating 120, 122 may include a filler and an adhesive binder. In certain embodiments, the binder makes up from about 1% to about 17% of the mat coating 120, 122, on a dry weight basis, with the balance being the filler. Thus, the weight ratio of the filler to the binder may be from about 5:1 to about 20:1. In one embodiment, the mat coating 120, 122 has a basis weight from about 3 to about 6 pounds of solids per 100 square feet (146.5-292.9 g/m.sup.2) of the non-woven fibrous mat 104, 114 (0043 and 0045). In certain embodiments, the binder of the mat coating 120, 122 is a polymer latex adhesive. For example, the binder may be polymers and copolymers containing units of acrylic acid, methacrylic acid, their esters and derivatives thereof (acrylic-type polymers), such as styrene-acrylate copolymers (0048). In some embodiments, aqueous emulsions such as acrylics, styrene acrylics, and vinyl acrylics have been found to work well in the adhesive composition. In some embodiments, the polymers and copolymers in these emulsions have a glass transition temperature (Tg) of about -45.degree. C. to about 115.degree. C., and in other embodiments the polymers and copolymers can have glass transition temperatures (Tg) of about 0.degree. C. to about 30.degree. C (0059). Methods and apparatus for making membrane-ready gypsum panels 100 as described herein are also provided. The method of making a membrane-ready gypsum panel may include depositing a gypsum slurry onto a surface of a first fibrous mat, depositing a second fibrous mat onto a surface of the gypsum slurry opposite the first fibrous mat, such that a surface of the second fibrous mat contacts the gypsum slurry, to form a gypsum sandwich structure, drying the gypsum sandwich structure, and applying a material coating to a surface of the first fibrous mat, such that the material coating covers the surface of the first fibrous mat opposite the gypsum slurry to form a membrane-ready gypsum panel having a substantially smooth outer surface (0076). The membrane-ready gypsum panels disclosed herein may be suitable for use in any applications where fibrous mats or other glass mats are used, for example in roof boards, wall boards, soffits, etc. (0105).
Claim(s) 1-13, 19, and 21-22 are rejected under 35 U.S.C. 102(a)(1) and/or (2) as being anticipated by Wu et al. (US 2022/0315488). Wu et al. disclose wall boards, such as gypsum or foam composite board panels, are used in building construction to form the partitions or walls of rooms, hallways, ceilings, and the like. Similar boards are also used in exterior wall or roof construction, such as sheathing or roof deck. Such composite boards may include facing or back mats, such as fiberglass or other woven or nonwoven mats, on one or both faces to enhance the performance properties of the board, such as board strength, rigidity, weather durability, and moisture or mold resistance (0005). In certain embodiments, the nonwoven base layer has an uncoated basis weight of 65 g/m.sup.2 to 75 g/m.sup.2. In certain embodiments, the coated nonwoven mat includes a basis weight of 50 g/m.sup.2 to 200 g/m.sup.2 (0013). It should be noted that Wu’s basis weight is in the range of Applicant’s 1.5-3.2 lb/csf, which equals 73.23-156.23 g/m2. In certain embodiments, the nonwoven base layer 10 comprises glass fibers (0039). The glass fibers used to form the nonwoven base layer 10 may have a variety of fiber diameters. In certain embodiments, the glass fibers used to form the nonwoven base layer 10 have an average fiber diameter of 5.5 microns to 20 microns (0040). In certain embodiments, the nonwoven base layer 10 comprises from 1% to 30% by weight binder composition, based on the total weight of the nonwoven base layer 10. In certain embodiments, the nonwoven base layer 10 comprises from 5% to 27% by weight binder composition, including from 10% to 25% by weight binder composition, and also including from 15% to 23% by weight binder composition, based on the total weight of the nonwoven base layer 10 (0042). In some exemplary embodiments, the binder resin material comprises any of an acrylic material or styrene-acrylic material (0043). In any of the exemplary embodiments, the coated nonwoven mat 100 may be included in the production of a gypsum board. The gypsum board includes a gypsum core with two opposing sides and at least one coated nonwoven mat situated on one of the opposing sides. Wall boards formed of a gypsum core sandwiched between facing layers are commonly used in the construction industry as internal walls and ceilings for both residential and commercial buildings (0075).
Claim(s) 1-13, 19, 21-22 are rejected under 35 U.S.C. 102(a)(1) and/or as being anticipated by Nandi et al. (US 2007/0149078). Nandi et al. disclose a novel nonwoven fiberglass mat having properties particularly suited for a facer on gypsum wallboard (abstract). Wallboard formed of a gypsum core sandwiched between facing layers is used in the construction of virtually every modern building (0005). Gypsum wallboard and gypsum panels are traditionally manufactured by a continuous process. In this process, a gypsum slurry is first generated in a mechanical mixer by mixing at least one of anhydrous calcium sulfate (CaSO.sub.4) and calcium sulfate hemihydrate (CaSO.sub.4.1/2H.sub.2O, also known as calcined gypsum), water, and other substances (0007). It is known to make non-woven mats from glass fibers and to use these mats as substrates in the manufacture of a large number of roofing and other products (0025). Preferably, the majority of the fibers in the non-woven mat are glass fibers, and most preferably all the fibers are glass fibers (0027). Most preferred is E glass having an average fiber diameter of about 11.+-.1.5 micrometers (0028). In a preferred embodiment, the mat comprises primarily glass fibers, and in a most preferred embodiment, the web comprises chopped continuous glass fibers, of which preferably at least about 90 percent, more preferably at least about 95 percent, and most preferably at least about 97 percent have a fiber diameter of less than 30 micrometers, and more preferably within a narrow range of about 11..+-..1.5 micrometers (0036). The aforementioned glass fibers are bound together with any known water resistant resinous binder. Suitable binders include acrylic resins; homopolymers or copolymers of polyacrylic acid having a molecular weight of less than 10,000, preferably less than 3,000; crosslinking acrylic copolymer having a glass transition temperature (GTT) of at least about 25.degree. C., crosslinked vinyl chloride acrylate copolymers having a GTT preferably no higher than about 113.degree. C.; and other known flame and water resistant conventional mat binders. It is typically found that a lower GTT promotes better softness and smoothness of the mat surface, but tensile strength is improved with a higher GTT. Binder systems having a GTT ranging from about 15 to 45.degree. C. are thus preferred (0029). Generally, the amount of binder in the final mat, based on its dry weight, ranges from about 15 to 35 wt. percent, with about 20-30 wt. percent being more preferred, and 25.+-.2.5 wt. percent being most preferred (0031). In a preferred embodiment, the fiber mats of the present invention comprise a perforated, non-woven web bonded together with a resinous binder with the mat being used for both of the large faces of gypsum board. In a preferred embodiment, the mat comprises primarily glass fibers, and in a most preferred embodiment, the web comprises chopped continuous glass fibers, of which preferably at least about 90 percent, more preferably at least about 95 percent, and most preferably at least about 97 percent have a fiber diameter of less than 30 .mu., and more preferably within a narrow range of about 11..+-..1.5 .mu.m. In addition, mixtures of different lengths of chopped strand fibers are contemplated and included within the scope of the invention (0036). Gypsum board in accordance with the present invention preferably is faced with a mat having a basis weight ranging from about 0.6 to 2.2 pounds per 100 square feet, more preferably ranging from about 0.9 to 2.2 lbs./100 sq. ft., and most preferably about 1.25.+-.0.2 lbs./100 sq. ft. (about 29-110, 45-110, and 60.+-.10 g/m.sup.2, respectively (0038). Nandi et al. also disclose a process for producing a board suitable for use as a wallboard or a ceiling panel, comprising: (a) providing a substrate comprising a first facer; (b) applying a slurry comprising a cementitious material on the substrate; and (c) providing a second facer above the slurry wherein at least one of the first and second facers further comprises a perforated glass mat, wherein the cementitious material is selected from the group consisting of gypsum, Portland cement, a pozzolanic material and a combination thereof (claims 1 and 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2017/0197379 and 2004/0266304 both disclose gypsum panels with fiberglass mats on both surfaces with the claimed properties.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ULA CORINNA RUDDOCK whose telephone number is (571)272-1481. The examiner can normally be reached Monday-Friday 8-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Srilakshmi K Kumar can be reached at 571-272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ULA C RUDDOCK/ Supervisory Patent Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729