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 .
DETAILED CORRESPONDENCE
This communication is a second Office Action on the Merits. Claims 1-2, 4, 6-15, 27-28, and 30, as amended 10 JUL. 2026, are pending and have been considered as follows:
Claim Objections
Claim 2 objected to because of the following informalities:
Cl. 2 ln. 3: ”the gap edge” lacks clear antecedent basis within the claims and specification, as this has been varyingly introduced as “a hinge, which may also be referred to as a hinge region, a gap, or a flexible joint, is formed between the edges of at least two or more of the bodies” ([0019]), and “placement of body 111 and body 112 on fabric component 101 forms a hinge region 121 along the gap between the two bodies in the portion of fabric component 101 between first body 111 and second body 121” ([0020]) while no “gap edge” has been introduced; it is suggested to use the phrase --a gap edge between two bodies-- and this claim has been interpreted as such
Appropriate correction is required.
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.
Claim 1-2, 4, 6-11 rejected under 35 U.S.C. 103 as being unpatentable over Sourlis US 20060283101 A1 in view of Zheng et al. US 20210095473 A1 (Zheng) and Reynolds et al. US 10988933 B2 (Reynolds).
As per claim 1 Sourlis teaches a precursor flashing composite (drainage system 30, FIG. 4) for creating a water- proof seal between a roofing membrane and a vertical structure extending from a roof surface (see “upper flashing portion… positioned generally vertically” 4:20; this is recognized as capable of being used to create —or “for creating”– a seal as broadly claimed) to which the roofing membrane is secured, the precursor flashing composite comprising:
a component (flashing member 32, FIG. 4) having a first planar surface (front surface of 32, FIG. 2) and a second planar surface (rear surface of 32, FIG. 2);
a first pre-cured body (tab 34, FIG. 4) disposed on a first portion of the first planar surface (front surface of 32, FIG. 2) of the component (flashing member 32, FIG. 4), wherein the first pre-cured body (tab 34, FIG. 4) has a first geometric shape (see shapes of 34, FIG. 2),
a second pre-cured body (tab 36, FIG. 4) disposed on a second portion of the first planar surface (front surface of 32, FIG. 2) of the component (flashing member 32, FIG. 4), wherein the second pre-cured body (tab 36, FIG. 4) has a second geometric shape (see shapes of 36, FIG. 2);
wherein said first pre-cured body (tab 34, FIG. 4) is positioned relative to the second pre-cured body (tab 36, FIG. 4) to provide a hinge (see region between 34 and 36, FIG. 4) region between the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4).
Sourlis fails to explicitly disclose:
the component is fabric.
wherein the first pre-cured body is the cured residue of a liquid flashing composition;
wherein the second pre-cured body is the cured residue of a liquid flashing composition
Zheng teaches a coating system over a fabric backer, specifically:
a fabric component (“mesh, woven fabric, non-woven fabric” abstract ln. 2-3)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis by substituting the fabric component as taught by Zheng in order to provide a backing which would provide ample interstices to promote bonding with the components thereby forming a stronger seal.
Reynolds teaches a flashing assembly which employs such an obvious material for forming geometric shapes as claimed, specifically:
wherein the first pre-cured body is the cured residue of a liquid flashing composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition”, and “liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 4, Cl. 5);
wherein the second pre-cured body is the cured residue of a liquid flashing composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition”, and “liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 4, Cl. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Zheng by substituting the cured one or two part polyurethane as taught by Reynolds in order to provide the bodies with ease of use and convenience, as the one-part polyurethane composition does not require mixing of components before application, or to provide a component with stronger bonding and improved durability.
As per claim 2 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 1, and Sourlis further discloses first pre-cured body (tab 34, FIG. 4) has
a hinge edge (see edge of 34 near 36, FIG. 4) along the hinge region (see region between 34 and 36, FIG. 4),
longitudinal edges generally orthogonal (see left and right edges of 34 “generally orthogonal” to the region between 34 and 36, FIG. 4) to the hinge edge (see region between 34 and 36, FIG. 4), and
a lateral edge generally parallel (see edge at upper left of 34 “generally parallel” to the region between 34 and 36, FIG. 4) to the gap edge (edge of first 34 near second 34, FIG. 4),
wherein the fabric component extends beyond the longitudinal edges and the lateral edge of the first pre-cured body (see unshaded element 32 “extends beyond” cross-hatched elements 34, as broadly claimed, FIG. 2) .
As per claim 4 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 1, and Sourlis further discloses the second pre-cured body (tab 36, FIG. 4) has
a hinge edge (see edge of 36 near 34, FIG. 4),
longitudinal edges generally orthogonal to the hinge edge (see left and right edges of 36 “generally orthogonal” to the region between 34 and 36, FIG. 4), and
a lateral edge generally parallel (see edge at lower right or 36 “generally parallel” to the region between 34 and 36, FIG. 4) to the gap edge (edge of first 36 near second 36, FIG. 4),
wherein the fabric component extends beyond the longitudinal edges and the lateral edge of the second pre-cured body (see unshaded element 32 “extends beyond” cross-hatched elements 36, as broadly claimed, FIG. 2) .
As per claim 6 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 1, and Sourlis further discloses:
at least one additional pre-cured body (see 34, 34, 36, 36, and bars 56, FIG. 2) disposed on at least one additional portion of the first planar surface of the fabric component (front surface of 32, FIG. 2),
wherein the at least one additional pre-cured body (bars 56, FIG. 2) is defined by an at least one additional geometric shape (see “additional geometric shape” FIG. 2); and
wherein said at least one additional pre-cured body is positioned relative to said first pre-cured body and said second pre-cured body to provide an at least one additional gap (see gaps between 56, 34, and 36 FIG. 2) between either of said first pre-cured body and said second pre-cured body and said additional pre-cured body to thereby form an at least one additional hinge region (see additional hinge region regions between 56, 34 and 36, FIG. 4).
As per claim 7 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 6, but the combination but fails to explicitly disclose:
wherein a number of additional pre-cured bodies positioned on the first major surface of the fabric component is selected based on an installation geometry.
In a separate embodiment, Sourlis teaches additional bodies (see “several embodiments of the mesh bodies 36. In particular, the mesh bodies may be an inverted wedge shape (inverted trapezoidal) 80, a wedge shape (trapezoidal) 82, wine glass shape 84 and triangular 86, for example” [0053]; also FIG. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Zheng and Reynolds by including a number of additional shapes as taught by the separate embodiment of Sourlis in order to space the member from the structure while allowing for drainage.
As per claim 8-9 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 6, and Sourlis further discloses wherein the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4) are cured residue (see “tabs 34 are formed of a porous and/or draining material… plastic” [0034]) but the combination but fails to explicitly disclose:
a composition including one-part polyurethane composition; and
a composition including two-part polyurethane composition.
Reynolds teaches a flashing assembly which employs such an obvious material, specifically:
a composition including one-part polyurethane composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition” Cl. 4); and
a composition including two-part polyurethane composition (“liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Zheng and Reynolds by substituting the cured one or two part polyurethane as taught by Reynolds in order to provide the bodies with ease of use and convenience, as the one-part polyurethane composition does not require mixing of components before application, or to provide a component with stronger bonding and improved durability.
As per claim 10 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 6, and Sourlis further discloses wherein the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4) are the cured residue (see “tabs 34 are formed of a porous and/or draining material… plastic” [0034]) but the combination but fails to explicitly disclose:
curable polymethyl methacrylate.
Reynolds teaches a flashing assembly which employs such an obvious material, specifically:
curable polymethyl methacrylate (“cured residue layer of a liquid flashing composition is a polymethyl methacrylate” Cl. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Zheng and Reynolds by substituting the curable polymethyl methacrylate as taught by Reynolds in order to provide the bodies improved impact resistance.
As per claim 11 Sourlis in view of Zheng and Reynolds teaches the limitations according to claim 6, and Sourlis further discloses wherein the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4) are the cured residue (see “tabs 34 are formed of a porous and/or draining material… plastic” [0034]) but the combination but fails to explicitly disclose:
curable silicon-containing polymer .
Reynolds teaches a flashing assembly which employs such an obvious material, specifically:
curable silicon-containing polymer (“residue of a liquid flashing composition is a silicon-container polymer.” Cl. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Zheng and Reynolds by substituting the silicon-containing polymer as taught by Reynolds in order to provide the bodies with improved adhesion and flexibility.
Claim 12-15, 27-28 and 30 rejected under 35 U.S.C. 103 as being unpatentable over Sourlis in view of Beattie US 4932171 A, Zheng, and Reynolds.
As per claim 12 Sourlis teaches a method for creating a water-proof seal between a horizontal member (foundation 24, FIG. 1) and a vertical structure (see “in contact with an inner face 22 of the inner wythe 12” [0033]) extending from a horizontal member surface (upper face of 24, FIG. 1) to which the horizontal member (foundation 24, FIG. 1) is secured, the method comprising:
providing a precursor flashing composite (drainage system 30, FIG. 4) including a component (flashing member 32, FIG. 4) having
having a first planar surface and a second planar surface (front surface of 32, FIG. 2) and a second planar surface (rear surface of 32, FIG. 2),
a first pre-cured body (tab 34, FIG. 4) disposed on a first portion of the first planar surface of the fabric component (front surface of 32, FIG. 2),
wherein the first pre-cured body (tab 34, FIG. 4) has a first geometric shape (see shape, FIG. 2),
a second pre-cured body (tab 36, FIG. 4) disposed on a second portion of the first planar surface of the fabric component,
wherein the second pre-cured body (tab 36, FIG. 4) has a second geometric shape (see shape, FIG. 2)
wherein said first pre-cured body is positioned relative to the second pre-cured body to provide a hinge region (see region between 34 and 36, FIG. 4) between the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4)
positioning the precursor flashing composite (drainage system 30, FIG. 4) on a surface of the vertical structure (see “in contact with an inner face 22 of the inner wythe 12” [0033]) and a surface of the horizontal member (foundation 24, FIG. 1)
Sourlis fails to explicitly disclose:
the horizontal member is a roofing membrane on a roof surface
including a fabric component and the method steps require applying a liquid flashing composition to the precursor flashing composite
the first body is the cured residue of a liquid flashing composition,
the second body is the cured residue of a liquid flashing composition; and
applying a liquid flashing composition to at least a portion of the precursor flashing composite, the surface of the vertical structure, and the surface of the roofing membrane to thereby form a water-proof seal between the roofing membrane and the vertical structure.
Beattie teaches a typical roof with a membrane which the assembly Sourlis would protect, specifically:
the horizontal member (roof deck 11, FIG. 2) is a roofing membrane (membrane 12 FIG. 2) on a roof surface (upper surface of 11, FIG. 1)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis by including the assembly on a deck and membrane as taught by Beattie in order to seal against a cavity wall extending adjacent to the roof deck.
Zheng teaches a coating system over a fabric backer which would seal the combination of Sourlis in view of Beattie, specifically:
including a fabric component (“mesh, woven fabric, non-woven fabric” abstract ln. 2-3);
applying a liquid flashing composition (see “first liquid component 13 of the 2K roof coating system 11 may be applied to the fabric by spraying, rolling, brushing, or any other appropriate technique” [0033] and “the second component 15 will be applied as a liquid roofing material” [0035]) to at least a portion of the precursor flashing composite, the surface of the vertical structure (FIG. 4), and the surface of the roofing membrane to thereby form a water-proof seal between the roofing membrane and the vertical structure (“applied second component” [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Beattie by including the fabric backing and liquid components as taught by Zheng in order to seal against the wall and roof deck in a manner which resists sagging.
Reynolds teaches a flashing assembly which employs such an obvious material for forming geometric shapes as claimed, specifically:
the first body is the cured residue of a liquid flashing composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition”, and “liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 4, Cl. 5),
the second body is the cured residue of a liquid flashing composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition”, and “liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 4, Cl. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Beattie, Zheng and Reynolds by substituting the cured one or two part polyurethane as taught by Reynolds in order to provide the bodies with ease of use and convenience, as the one-part polyurethane composition does not require mixing of components before application, or to provide a component with stronger bonding and improved durability.
As per claim 13 Sourlis in view of Beattie, Zheng and Reynolds teaches the limitations according to claim 12, and Sourlis further discloses the step of positioning includes folding the precursor flashing composite at the hinge region (see “which may be in an initial folded condition…It will be understood that the base 48 may be provided pre-attached to the underside of the lower flashing portion 40 or separately… placed on the foundation and then the upper flashing portion 42 is raised against wall 12” [0055]).
As per claim 14 Sourlis in view of Beattie, Zheng and Reynolds teaches the limitations according to claim 12, and Sourlis further discloses the step of positioning includes tacking the precursor flashing composite to the surface of the vertical structure (see “If a backing material (not shown) is used to protect a pressure sensitive adhesive on the flashing device 30, it is removed just prior to positioning the flashing 32… member 32 may be secured in place with adhesive, fasteners, caulk and so on” [0055]).
As per claim 15 Sourlis in view of Beattie, Zheng and Reynolds teaches the limitations according to claim 14, and Sourlis further discloses the step of tacking the precursor flashing composite to the surface of the vertical structure includes applying an adhesive or a liquid flashing composition to the precursor flashing composite or to the surface of the vertical structure (see “may be secured in place with adhesive, fasteners, caulk and so on” [0055]).
As per claim 27 Sourlis teaches a roofing system (drainage system 30, FIG. 4) comprising:
a horizontal member (foundation 24, FIG. 1);
a vertical structure (see “in contact with an inner face 22 of the inner wythe 12” [0033]) extending from a horizontal member surface to which the horizontal member (foundation 24, FIG. 1) is secured; and
a flashing (Drainage System, FIG. 2) forming a water-proof seal between the horizontal member (foundation 24, FIG. 1) and the vertical structure (see “in contact with an inner face 22 of the inner wythe 12” [0033]);
the flashing having a first planar surface (front surface of 32, FIG. 2) and
a first pre-cured body (tab 34, FIG. 4) disposed on a first portion of the first planar surface of the flashing,
wherein the first pre-cured body has a first geometric shape (see shape, FIG. 2)
a second pre-cured body disposed on a second portion of the first planar surface of the fabric component,
wherein the second pre-cured body has a second geometric shape (see shape, FIG. 2); and
wherein said first pre-cured body is positioned relative (see “positioned relative” FIG. 2) to the second pre-cured body to provide a hinge (see region between 34 and 36, FIG. 4) region between the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4).
Sourlis fails to explicitly disclose:
the horizontal member is a roof deck with a roofing membrane
where the composite flashing structure includes a fabric component having a first planar surface and a second planar surface,
the first body is the cured residue of a liquid flashing composition,
second body is the cured residue of a liquid flashing composition
wherein the flashing includes a composite flashing structure adhered into place with a flashing composition.
Beattie teaches a typical roof with a membrane which the assembly Sourlis would protect, specifically:
the horizontal member is a roof deck (roof deck 11, FIG. 2) with a roofing membrane (membrane 12 FIG. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis by including the assembly on a deck and membrane as taught by Beattie in order to seal against a cavity wall extending adjacent to the roof deck.
Zheng teaches a coating system over a fabric backer, specifically:
wherein the flashing includes a composite flashing structure adhered into place with a flashing composition (see “first liquid component 13 of the 2K roof coating system 11 may be applied to the fabric by spraying, rolling, brushing, or any other appropriate technique” [0033] and “the second component 15 will be applied as a liquid roofing material” [0035]),
where the composite flashing structure includes a fabric component (“applied to the fabric ” [0033]) having a first planar surface and a second planar surface (front and rear surfaces).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Beattie by substituting the fabric component as taught by Zheng in order to provide a backing which would provide ample interstices to promote bonding with the components thereby forming a stronger seal.
Reynolds teaches a flashing assembly which employs such an obvious material for forming geometric shapes as claimed, specifically:
the first body is the cured residue of a liquid flashing composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition”, and “liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 4, Cl. 5),
the second body is the cured residue of a liquid flashing composition (“liquid flashing composition is the cured residue of a one-part polyurethane composition”, and “liquid flashing composition is the cured residue of a two-part polyurethane composition” Cl. 4, Cl. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the assembly of Sourlis in view of Beattie and Zheng by substituting the cured one or two part polyurethane as taught by Reynolds in order to provide the bodies with ease of use and convenience, as the one-part polyurethane composition does not require mixing of components before application, or to provide a component with stronger bonding and improved durability.
As per claim 28 Sourlis in view of Beattie, Zheng and Reynolds teaches the limitations according to claim 27, and Sourlis further discloses wherein the first pre-cured body (tab 34, FIG. 4) has
a hinge edge (see edge of 34 near 36, FIG. 4) along the hinge region (see region between 34 and 36, FIG. 4),
longitudinal edges (see left and right edges of 34 “generally orthogonal” to the region between 34 and 36, FIG. 4) generally orthogonal to the hinge edge, and
a lateral edge (see edge at upper left 34 “generally parallel” to the region between 34 and 36, FIG. 4) generally parallel to the gap edge (edge of first 34 near second 34, FIG. 4),
wherein the fabric component extends beyond (see “extends beyond” FIG. 2) the longitudinal edges and the lateral edge of the first pre-cured body.
As per claim 30 Sourlis in view of Beattie, Zheng and Reynolds teaches the limitations according to claim 27, and Sourlis further discloses the second pre-cured body (tab 36, FIG. 4) has a hinge edge (see edge of 36 nearest region between 34 and 36, FIG. 4),
longitudinal edges (see left and right edges of 36 “generally orthogonal” to the region between 34 and 36, FIG. 4) generally orthogonal to the hinge edge, and
a lateral edge generally parallel (see edge at lower right or 36 “generally parallel” to the region between 34 and 36, FIG. 4) to the gap edge (edge of first 36 near second 36, FIG. 4),
wherein the fabric component extends beyond (see “extends beyond” FIG. 2) the longitudinal edges and the lateral edge of the second pre-cured body.
Response to Arguments
Applicant's arguments filed on 10 JUL. 26 have been fully considered but they are not persuasive.
As per the argument (p. -7- and -9-):
Sourlis is the antithesis of the claimed invention. Sourlis teaches a continuous flashing member 32 that serves as a matrix onto which discontinuous components are attached…given the use of the flashing and drainage system taught by Sourlis, they are designed to transmit water;
and
Claim 12 and the claims dependent thereon… claim 27 and the claims dependent thereon are improper for similar reasons…
the Examiner submits the claimed “precursor flashing composite” does not require the function as argued. Applicant’s arguments rely on language solely recited in preamble recitations in claim(s) 1-2, 4, and 6-11. When reading the preamble in the context of the entire claim, the recitation “for creating” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
As per Applicant’s supposition that “the secondary references do not compensate… there is no teaching or suggestion in the secondary references to substitute the flashing member… there is no teaching or suggestion in the secondary references to substitute… with pre-cured bodies formed of cured flashing material” (p. 7-8) the Examiner submits a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Claim 1-2, 4 and 6-11 require a device for creating a waterproof seal, which the device of Sourlis clearly does. The flashing member of Sourlis comprises an upper and lower flashing portion which create a waterproof seal against water insofar as no water can pass directly through the flashing portions. Claims 1-2, 4, and 6-11 do not require a roofing membrane or a vertical structure for which a waterproof seal would be required. Claims 12 and the claims dependent thereon and claim 27 and the claims dependent thereon are rejected for the same reason. Sourlis as combined provides a composite which meets the limitations of “for creating a waterproof seal” (Cl. 12) and “forming a water-proof seal” (Cl. 27).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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 extension fee 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 JOSEPH J SADLON whose telephone number is (571)270-5730. The examiner can normally be reached on M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN D 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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/JJS/
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
