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 .
Drawings
The drawings were received on 7/16/26. These drawings are NOT accepted.
The drawings are objected to because Figs. 2, 7a, 7b, 8a, and 8b appear to be photographs and Figs. 3-5 appear to be CAD renderings. These figures do not provide sufficient clarity or reproducibility. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Additionally, drawing features should be labeled with reference numerals that correspond to the specification. The drawings lack reference numerals and instead have text labels as shown below:
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The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the geogrid layer extending over at least two or more coverboard sheets as recited in claims 1 and 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Each of claims 1 and 9 specify that the first coverboard layer extends above the geogrid layer. Than the claim subsequently recites “wherein the geogrid layer extends over at least two or more of the coverboard sheets”. The limitations seem to contradict since the geogrid layer is under the first coverboard layer. It is unclear what is meant by “extends over” in this context. It is unclear what is considered exterior, interior, above, below, over and under. Since the claims are to a roof system, exterior side and interior side could be established relative to over and above for clarity.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nagarajan et al., US 2024/0392570 in view of Best, US 3,411,256.
Regarding claims 1 and 9:
Nagarajan discloses a low-slope roofing system (para. 0114) and the method of making it, comprising:
a geogrid layer (128, a reinforcement layer, para. 0150), and
a first coverboard layer (120) extending above the geogrid layer, wherein the geogrid layer is attached to the first coverboard layer (via fasteners 112 and/or adhesive 129, refer to Fig. 2B and para. 0144),
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Nagarajan does not expressly disclose wherein the first coverboard layer comprises at least two or more coverboard sheets, and wherein the geogrid layer extends over at least two or more coverboard sheets.
Best discloses a roof construction wherein a first coverboard layer (16) comprises at least two or more coverboard sheets (refer to Fig. 1), and wherein an underlying membrane layer (14/26) layer extends over at least two or more coverboard sheets.
Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to construct the geogrid layer of Nagarajan as a continuous layer and the overlying coverboard sheets as discrete boards as suggested by Best in order to make the coverboards manageable for transport and handling (e.g. one continuous board is unwieldy, while a rolled up geogrid membrane layer is manageable).
Regarding claims 2-4 and 10-12:
Nagarajan discloses wherein the geogrid layer is attached to the first coverboard layer with adhesive (para. 0144) and/or fasteners (112, the fasteners are driven through the layers into the corrugated substrate further attaching the layers together).
Regarding claims 5 and 13:
Nagarajan discloses wherein the fasteners are plate fasteners (refer to Fig. 1B)
Regarding claims 6-7 and 14-15:
Nagarajan discloses a second coverboard layer (102, Fig. 2B) that is water resistant (via its upper membrane 110, para. 0008) and is attached to the geogrid wherein the second coverboard layer is water resistant (para. 0127).
Regarding claims 8 and 16:
Nagarajan discloses wherein the geogrid layer has a thickness between 3 and 5mm (para. 0166) overlapping with the claimed range of 3.25 and 4.5mm.
In the case where the claimed range “overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976)
Regarding claims 17 and 19:
Although the device of Nagarajan teaches away from the use of gypsum saying it is not required (para. 0006), Nagarajan discloses wherein it is known to use gypsum as the coverboard material. As such, substituting gypsum for the coverboard of Nagarajan would be obvious to a person having ordinary skill in the art before the effective filing date of the invention. The substitution is directed to that which is known in the art yielding no extraordinary or unexpected results.
Regarding claims 18 and 20:
Nagarajan discloses wherein a waterproof layer (104) is attached above the first coverboard layer.
Response to Arguments
Applicant’s arguments with respect to the claims 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 BRENT W HERRING whose telephone number is (571)270-3661. The examiner can normally be reached Monday-Thursday 7:30a-6:00p MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at (571)272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENT W HERRING/Primary Examiner, Art Unit 3633
