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 first Office Action on the Merits. Claims 1-15 and 27-31, as originally filed 06 SEP. 2024, are pending and have been considered as follows:
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06 SEP. 24 was filed and is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.83 or 1.84 because of the following informalities:
The drawings must show every feature of the invention specified in the claims, therefore the following must be shown or the feature(s) canceled from the claim(s):
optionally, one or more roofing boards
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
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12-15 and 27-31 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 pre-AIA the applicant regards as the invention.
Cl. 12 ln. 2, 13-14, 16, and 18: the recitation(s) of ”a vertical structure” followed by “a surface of a vertical structure”, “the surface of a vertical structure” and “the vertical structure” is vague, indefinite, and confusing as being unclear as to which “vertical structure” this phrase is referring, and/or if a second vertical structure is being introduced. Clarification is required.
Cl. 27 ln. 3: the phrase “optionally, one or more roofing boards” is vague, indefinite, and confusing as being unclear whether the limitations following the phrase “optionally” are part of the claimed invention. See MPEP § 2173.05(d).
Claims 13-15 and 28-31 not particularly referenced in this section are rejected as being dependent upon an indefinite claim.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1-7 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)
As per claim 1 Sourlis teaches a precursor flashing composite (drainage system 30, FIG. 4) comprising:
(i) 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);
(ii) 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);
(iii) 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); and
(iv) 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, 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.
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.
As per claim 2 Sourlis in view of Zheng teaches the limitations according to claim 1, and Sourlis further discloses the first pre-cured body (tab 34, FIG. 4) has a hinge edge (see edge of 34 near 36, FIG. 4) along the hinge (see region between 34, 36, FIG. 4) region, longitudinal edges orthogonal to the hinge (see region between 34, 36, FIG. 4) edge, and a lateral edge parallel to the gap edge (edge of 34 near 36, FIG. 4).
As per claim 3 Sourlis in view of Zheng teaches the limitations according to claim 1, and Sourlis further discloses the fabric component (flashing member 32, FIG. 4) extends beyond the longitudinal edges and the lateral edge of the first pre-cured body (see “extends beyond” FIG. 2).
As per claim 4 Sourlis in view of Zheng teaches the limitations according to claim 1, and Sourlis further discloses wherein the second pre-cured body (tab 36, FIG. 4) has a hinge edge (see edge of 34 near 36, FIG. 4), longitudinal edges orthogonal to the hinge (see region between 34, 36, FIG. 4) edge, and a lateral edge parallel to the gap edge (edge of 36 near 34, FIG. 4).
As per claim 5 Sourlis in view of Zheng teaches the limitations according to claim 1, and Sourlis further discloses the fabric component (flashing member 32, FIG. 4) extends beyond the longitudinal edges and the lateral edge of the second pre-cured body (see “extends beyond” FIG. 2).
As per claim 6 Sourlis in view of Zheng teaches the limitations according to claim 1, and Sourlis further discloses:
at least one additional pre-cured body (see 34, 34, 36, 36, FIG. 2) disposed on at least one additional portion of the first planar surface (front surface of 32, FIG. 2) of the fabric component (flashing member 32, FIG. 4), wherein the at least one additional pre-cured body (bars 56, FIG. 2) is defined by an at least one additional geometric shape; and
wherein said at least one additional pre-cured body is positioned relative to said first pre-cured body (tab 34, FIG. 4) and said second pre-cured body (tab 36, FIG. 4) to provide an at least one additional gap (see gapes between 56 and 36 FIG. 2) between either of said first pre-cured body (tab 34, FIG. 4) and said second pre-cured body (tab 36, FIG. 4) and said additional pre-cured body to thereby form an at least one additional hinge (see region between 34, 36, FIG. 4) region.
As per claim 7 Sourlis in view of Zheng 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 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.
Claim 8-11 rejected under 35 U.S.C. 103 as being unpatentable over Sourlis in view of Zheng as applied to claim 6 above, and further in view of Reynolds et al. US 10988933 B2 (Reynolds).
As per claim 8-9 Sourlis in view of Zheng 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 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 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 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 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 by substituting the silicon-containing polymer as taught by Reynolds in order to provide the bodies with improved adhesion and flexibility.
Claim 12-15 and 27-31 rejected under 35 U.S.C. 103 as being unpatentable over Sourlis in view of Beattie US 4932171 A and Zheng.
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:
(i) providing a precursor flashing composite (drainage system 30, FIG. 4) including 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,
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; and
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, 36, FIG. 4) region between the first pre-cured body (tab 34, FIG. 4) and the second pre-cured body (tab 36, FIG. 4);
(ii) positioning the precursor flashing composite (drainage system 30, FIG. 4) on a surface of a 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 but fails to explicitly disclose:
the horizontal member is a roofing membrane on a roof surface
the precursor flashing is fabric and the method steps require applying a liquid flashing composition to the precursor flashing composite,
the surface of a 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:
the precursor flashing is fabric (“mesh, woven fabric, non-woven fabric” abstract ln. 2-3) and the method steps require 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 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.
As per claim 13 Sourlis in view of Beattie and Zheng 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 and Zheng 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 and Zheng 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 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,
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; and
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, 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; optionally, one or more roofing boards;
wherein the flashing includes a composite flashing structure adhered into place with a flashing composition,
where the composite flashing structure includes a fabric component ,
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); optionally, one or more roofing boards (see board 15, 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, 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.
As per claim 28 Sourlis in view of Beattie and Zheng teaches the limitations according to claim 27, and Sourlis further discloses wherein the first pre-cured body (tab 34, FIG. 4 ) has a hinge (see region between 34, 36, FIG. 4) edge along the hinge (see region between 34, 36, FIG. 4) region, longitudinal edges orthogonal to the hinge (see region between 34, 36, FIG. 4) edge, and a lateral edge parallel to the gap edge (edge of 34 near 36, FIG. 4).
As per claim 29 Sourlis in view of Beattie and Zheng teaches the limitations according to claim 27, and Sourlis further discloses wherein the fabric component (flashing member 32, FIG. 4) extends beyond the longitudinal edges and the lateral edge of the first pre-cured body (see “extends beyond” FIG. 2).
As per claim 30 Sourlis in view of Beattie and Zheng teaches the limitations according to claim 27, and Sourlis further discloses the second pre-cured body (tab 36, FIG. 4 ) has a hinge (see region between 34, 36, FIG. 4) edge, longitudinal edges orthogonal to the hinge (see region between 34, 36, FIG. 4) edge, and a lateral edge parallel to the gap edge (edge of 36 near 34, FIG. 4).
As per claim 31 Sourlis in view of Beattie and Zheng teaches the limitations according to claim 27, and Sourlis further discloses wherein the fabric component (flashing member 32, FIG. 4) extends beyond the longitudinal edges and the lateral edge of the second pre-cured body (see “extends beyond” FIG. 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kalwara et al. US 8567143 B2 teaches a pre-cured section:
“A fortified area 36 on each of corner flashing laminates 32 and 34 exists at the area where the flashings bend between the horizontal roof surface and the metal curb, shown in FIG. 2 by dashed lines. This fortified area is selectively cured prior to installation to strengthen and fortify this area of the flashing laminate. The fortified area 36 on each flashing laminate is in the form of a generally longitudinally extending section of the flashing, and is spaced from the longitudinal edges of the polymeric layer. As will be appreciated by those skilled in the art, fortified area 36 is smaller in size than the flashing laminates 32 and 34. The green nature of the uncured portion of the polymeric layer of flashing laminates 32 and 34 facilitates installation by rendering the flashing laminate formable, thereby allowing it to conform to the underlying shape of the roofing system, while the fortified area 36 protects against damage to the flashing laminate at the vulnerable corner portion. The uncured portion of the polymeric layer cures over time after installation as a result of exposure to elevated temperatures on the roof surface.”
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Caregnato US 20060292299 A1 teaches a two component liquid applied waterproofing
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Zheng et al. US 11828063 B2 teaches a coating applied to a horizontal and vertical joint
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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/
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635