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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Menton et al. (U.S. Patent No. 11,581,717).
Regarding claim 1, in Figure 6, Menton discloses a rooftop enclosure assembly for a rooftop surface (70, Figure 16), the rooftop enclosure assembly comprising: an enclosure (12, Figure 5) for electrical components (col. 5, lines 12 – 18); a flashing (74, Figure 11); and an enclosure gasket (27) including butyl rubber, arranged between the enclosure and the flashing and adhered to the enclosure and the flashing (the rubber seal 27 is disposed on the underside of the housing unit 12, col. 6, lines 9 – 11; Figure 6); the enclosure gasket providing a seal between the enclosure and the flashing to prevent leakage through a rooftop surface that supports the rooftop enclosure assembly with the flashing arranged between the enclosure gasket and the rooftop surface (col. 6, lines 9 – 15). Menton discloses that rubber seal 27 is formed of rubber. But Menton fails to disclose specifically the rubber seal 27 being formed of butyl rubber. However, providing a rubber seal/gasket formed of butyl rubber is common place and well known in the art, and is merely a design option for a skilled artisan without the exercise of inventive skill.
Regarding claim 2, Menton discloses wherein the enclosure gasket is seated directly on the flashing (Figure 6).
Regarding claim 3, Menton discloses wherein a plurality of fasteners that secure the enclosure to the rooftop surface or to the flashing extend through the enclosure and the enclosure gasket (Figure 6).
Regarding claim 4, Menton discloses wherein a conduit extends through the enclosure gasket and the flashing to route components from within the enclosure through the flashing and the rooftop surface (Figure 6).
Regarding claim 5, Menton discloses wherein, as projected onto the rooftop surface in an installed configuration, the flashing has a larger footprint than the enclosure and the enclosure gasket, the enclosure and the enclosure gasket being selectively securable, in combination, at a plurality of locations on the flashing so that the enclosure gasket is fully overlapping with the flashing (Figure 6).
Regarding claim 6, Menton discloses wherein the enclosure has a corner and the flashing has an upper side relative to a slope of the rooftop surface; and wherein the enclosure and the enclosure gasket are positioned on the flashing with the corner of the enclosure oriented toward the upper side of the flashing (Figure 6).
Regarding claim 7, Menton discloses wherein the enclosure and the enclosure gasket are off-center between the upper side and a lower side of the flashing (Figure 6).
Regarding claim 8, Menton discloses wherein the enclosure and the enclosure gasket are positioned closer to the lower side of the flashing than to the upper side of the flashing (Figure 6).
Regarding claim 9, Menton discloses wherein the flashing is a flexible flashing (Figure 6).
Regarding claim 10, Menton discloses wherein the flashing includes EPDM rubber (Figure 6).
Regarding claim 11, Menton discloses wherein a thickness of the enclosure gasket is substantially equal to a thickness of the flashing (Figure 6).
Regarding claim 12, Menton discloses a flashing gasket, adhered to the flashing on an opposite face of the flashing from the enclosure; wherein, in an installed configuration, the flashing and the flashing gasket are between the enclosure gasket and the rooftop surface so that the flashing gasket is arranged to be in contact with the rooftop surface (Figure 6).
Regarding claim 13, Menton discloses wherein the flashing gasket includes butyl rubber (Figure 6).
Regarding claim 14, Menton discloses wherein a thickness of the flashing gasket is substantially equal to a thickness of the flashing (Figure 6).
Regarding claim 15, in Figure 6, Menton discloses a rooftop enclosure assembly comprising: an enclosure (12, Figure 5) that defines an internal area for electronic components (col. 5, lines 12 – 18) and a lower surface that includes one or more openings (25) for passage of components from the internal area; and an enclosure gasket (27) of butyl rubber adhered to the lower surface of the enclosure with the enclosure gasket collectively surrounding the one or more openings on the lower surface of the enclosure (Figure 6), to be positioned between the enclosure and a rooftop surface to provide a watertight seal therebetween when the rooftop enclosure assembly is mounted to the rooftop surface (the rubber seal 27 is disposed on the underside of the housing unit 12, col. 6, lines 9 – 11 and col. 6, lines 9 – 15; Figure 6). Menton discloses that rubber seal 27 is formed of rubber. But Menton fails to disclose specifically the rubber seal 27 being formed of butyl rubber. However, providing a rubber seal/gasket formed of butyl rubber is common place and well known in the art, and is merely a design option for a skilled artisan without the exercise of inventive skill.
Regarding claim 16, Menton discloses wherein the enclosure gasket includes one or more pre-formed apertures that align with the one or more openings in the lower surface of the enclosure to route at least one of a fastener, a cable, a wire, or another connectors from the internal area of enclosure to the rooftop surface (Figure 6).
Regarding claim 17, Menton discloses wherein the enclosure gasket is formed in a ring-shape, with a center opening of the ring-shape positioned to provide unobstructed passage between the enclosure and the rooftop surface (Figure 6).
Regarding claim 18, Menton discloses wherein the enclosure gasket has a thickness of about 1/8 of an inch (Figure 6).
Regarding claim 19, in Figure 6, Menton discloses a method of installing a rooftop enclosure assembly on a rooftop surface (70, Figure 16), the method comprising: orienting an enclosure (12, Figure 5) of the rooftop enclosure assembly relative to the rooftop surface; and with an enclosure gasket (27) of butyl rubber adhered to a body of the enclosure between the enclosure and the rooftop surface (the rubber seal 27 is disposed on the underside of the housing unit 12, col. 6, lines 9 – 11 and col. 6, lines 9 – 15; Figure 6), securing the enclosure and the enclosure gasket to the rooftop surface, including urging the enclosure into the butyl rubber to form a seal therebetween (Figures 6, 13, 15). Menton discloses that rubber seal 27 is formed of rubber. But Menton fails to disclose specifically the rubber seal 27 being formed of butyl rubber. However, providing a rubber seal/gasket formed of butyl rubber is common place and well known in the art, and is merely a design option for a skilled artisan without the exercise of inventive skill.
Regarding claim 20, Menton discloses positioning the enclosure and the enclosure gasket on a flashing of the rooftop enclosure assembly, with the enclosure gasket between the enclosure and the flashing; and orienting the flashing relative to the rooftop surface, with the flashing between the enclosure gasket and the rooftop surface; wherein securing the enclosure and the enclosure gasket to the rooftop surface includes securing the flashing to the rooftop surface (Figure 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TREMESHA W BURNS whose telephone number is (571)270-3391. The examiner can normally be reached Monday-Friday 8am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Thompson can be reached at (571) 272-2342. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TREMESHA W. BURNS
Primary Examiner
Art Unit 2847
/TREMESHA W BURNS/Primary Examiner, Art Unit 2847
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