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 .
Status of Claims
Claims 1-3, 14, 31-33, 36-44, 47-50 as filed on 09/10/2024 are pending and herewith considered as indicated below. Claims 4-13, 15-30, 34-35, 45-46 have been canceled as of 09/10/2024
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.
Claims 32-33, 39-41, 47-49 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.
In regards to Claim 32, “the height” as used in lines 3 and 5 lacks proper antecedent basis. It appears “the height” is intended to recite “the vertical height”.
In regards to Claims 39, 47-49 , “the second sheeting” as used in line 1 (of each, respectively) lacks proper antecedent basis. It appears “the second sheeting” is intended to recite “A second sheeting”.
In regards to Claims 33 and 40-41, rejected due to dependency on rejected claims.
Claim Rejections - 35 USC § 103
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 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.
Claims 1, 31-33, 43-44 and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Henri (US-5355653-A) in view of Norris (US 10480181 B1) and Vandehey (US-20130086868-A1)
In regards to Claim 1, Henri discloses
A tool (10) [Fig 1] for installing insulation [Abstract] , the tool (10) [Fig 1] comprising:
a frame (12) [Fig 1] including first and second vertical beams (14, 16) [Fig 1] extending along a height of the frame (12) [Fig 1], and first and second horizontal beams (18, 20) [Fig 1] extending along a width [Fig 1] of the frame (12) [Fig 1], the first and second vertical beams (14, 16) [Fig 1] and the first and second horizontal beams (18, 20) [Fig 1] bounding an interior frame region [Unnumbered, Fig 1] (see examiners comment) ;
a carriage [Unnumbered, Fig 1] (see examiners comment) extending intermediate the first and second vertical beams (14, 16) [Fig 1], the carriage [Unnumbered, Fig 1] (see examiners comment) including a receptacle (52) [Fig 1] configured to receive an insulation blower nozzle [See Henri, Col 4, Lines 6-7] [Fig 6];
a first sheeting (60) [Fig 1-2] extending horizontally [Fig 1, showing extending horizontally] in the interior frame region [Unnumbered, Fig 1] (see examiners comment) intermediate the first vertical beam (14) [Fig 1] and second vertical beam (16) [Fig 1] and extending vertically [Fig 1, Showing Extending Vertically] in the interior frame region [Unnumbered, Fig 1] (see examiners comment) from the carriage [Unnumbered, Fig 1] (see examiners comment) toward the first horizontal beam (18) [Fig 2]
However, Henri fails to disclose
the carriage being vertically moveable along at least a portion of a vertical height of the first and second vertical beams
the first sheeting being extensible and retractable in response to vertical movement of the carriage;
a second sheeting extending horizontally in the interior frame region intermediate the first vertical beam and second vertical beam and extending vertically in the interior frame region from the carriage and toward the second horizontal beam, the second sheeting being extensible and retractable in response to vertical movement of the carriage.
Furthermore, Vandehey discloses
the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) being vertically moveable [Figs 1-2, showing (12) being vertically moveable] along at least a portion of a vertical height [Fig 4, Henri] of the first and second vertical beams (14, 16, Henri) [Fig 1]
the first sheeting (60, Henri) [Fig 1-2] being extensible and retractable [Figs 1-2, showing (24) being vertically moveable] in response to vertical movement [Fig 4, Henri] of the carriage [Unnumbered, Fig 1, Henri] (see examiners comment);
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include the carriage being vertically moveable along at least a portion of a vertical height of the first and second vertical beams and the first sheeting being extensible and retractable in response to vertical movement of the carriage as disclosed by Vandehey. When modified, the adjustability of the carriage and the first sheeting allows for ease of insulation installation.
Furthermore, Norris discloses
a second sheeting (15) [Fig 4] extending horizontally [As modified] in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) intermediate the first vertical beam (14, Henri) [Fig 1] and second vertical beam (16) [Fig 1] and extending vertically in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) from the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) and toward the second horizontal beam (20, Henri) [Fig 1], the second sheeting (15) [Fig 4] being extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] in response to vertical movement [Figs 1-2, showing (12) being vertically moveable, Vandehey] of the carriage [Unnumbered, Fig 1, Henri] (see examiners comment).
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool as disclosed by Henri to further include a second sheeting extending horizontally in the interior frame region intermediate the first vertical beam and second vertical beam and extending vertically in the interior frame region from the carriage and toward the second horizontal beam, the second sheeting being extensible and retractable in response to vertical movement of the carriage as disclosed by Norris. When modified, the second sheeting with all limitations allows for less splash back from the insulation when in use, allowing for a person in the field ease of useability.
In regards to Claim 31, Henri discloses
A tool (10) [Fig 1] for installing insulation [Col 2, Lines 29-30], the tool (10) [Fig 1] comprising:
a frame (12) [Fig 1] including first and second vertical beams (14, 16) [Fig 1] extending vertically along a height of the frame (12) [Fig 1], and first and second horizontal beams (18, 20) [Fig 1] extending horizontally along a width of the frame (12) [Fig 1], the first and second vertical beams (14, 16) [Fig 1] and the first and second horizontal beams (18, 20) [Fig 1] bounding an interior frame region [Unnumbered, Fig 1] (see examiners comment);
a carriage [Unnumbered, Fig 1] (see examiners comment) extending intermediate the first and second vertical beams (14, 16) [Fig 1], the carriage [Unnumbered, Fig 1] (see examiners comment) including a receptacle (52) [Fig 1] configured to receive an insulation blower nozzle (34) [Fig 6]; and
a first sheeting (60) [Fig 1-2] extending horizontally in the interior frame region [Unnumbered, Fig 1] (see examiners comment) intermediate the first vertical beam (14) [Fig 1] and second vertical beam (16) [Fig 1] and extending vertically [Fig 4] in the interior frame region [Unnumbered, Fig 1] (see examiners comment) intermediate the carriage [Unnumbered, Fig 1] (see examiners comment) and the first horizontal beam (18) [Fig 1], but fails to disclose
the carriage being vertically moveable along at least a portion of a vertical height of the first and second vertical beams,
the first sheeting being extensible and retractable in response to vertical movement of the carriage
Furthermore, Vandehey discloses
the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) being vertically moveable [Figs 1-2, showing (12) being vertically moveable] along at least a portion of a vertical height [as shown in Fig 4, Henri] of the first and second vertical beams (14, 16, Henri) [Fig 1],
the first sheeting (60, Henri) [Fig 1-2] being extensible and retractable [Figs 1-2, showing (24) being vertically extensible and retractable, 0018] in response to vertical movement [Figs 1-2, showing (12) being vertically moveable] of the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) .
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include the carriage being vertically moveable along at least a portion of a vertical height of the first and second vertical beams and the first sheeting being extensible and retractable in response to vertical movement of the carriage as disclosed by Vandehey. When modified, the adjustability of the carriage and the first sheeting allows for ease of insulation installation.
In regards to Claim 32, Henri discloses
The tool (10) [Fig 1] of claim 31, wherein the first vertical beam (14) [Fig 1] includes a first lower beam member (118) [Fig 4] and a first upper beam member (110) [Fig 4] extensible and retractable [Fig 4, Showing Extensible and retractable ] [Col 3, Lines 37-49] relative to the first lower beam member (118) [Fig 4] to vary the height [Fig 4 and 7] [Col 3, Lines 34-39] of the first vertical beam (14) [Fig 1], and the second vertical beam (16) [Fig 1] includes a second lower beam member (120) [Fig 4] and a second upper beam member (110) [Fig 4] extensible and retractable relative [Fig 4, Showing Extensible and retractable ] [Col 3, Lines 37-49] to the second lower beam member (120) [Fig 4] to vary the height [Fig 4 and 7] [Col 3, Lines 34-39] of the second vertical beam (16) [Fig 1].
In regards to Claim 33, Henri discloses
The tool (10) [Fig 1] of claim 32, wherein, the first sheeting (60) [Fig 1-2] is extensible and retractable [Fig 4] [Col 3, Lines 37-49] in response to extension and retraction [Fig 4, Showing extensible and retractable based on the first upper beam member] of the first upper beam member (110) [Fig 4] [Col 3, Lines 37-49] retractable relative [Fig 4] to the first lower beam member (118) [Fig 4] [Col 3, Lines 37-49] and the second upper beam member (110) [Fig 4] retractable relative [Fig 4, Showing Extensible and retractable ] [Col 3, Lines 37-49] to the second lower beam member (120) [Fig 4].
In regards to Claim 43, Henri discloses
The tool (10) [Fig 1] of claim 31, wherein the carriage [Unnumbered, Fig 1] (see examiners comment) includes a shuttle (50) [Fig 1] including the receptacle (52) [Fig 1], the shuttle (50) [Fig 1] being horizontally moveable [See Henri, Col 3, Lines 30-33 and Col 3, lines 15-19] [Abstract “The apertured panel may be repositioned by removing one of the panels and sliding the other two to a different position then reinserting the removed panel”] along at least a portion of a horizontal width [Fig 4] of the carriage [Unnumbered, Fig 1] (see examiners comment) .
In regards to Claim 44, Henri discloses
The tool (10) [Fig 1] of claim 43, wherein the carriage [Unnumbered, Fig 1] (see examiners comment) includes:
a third sheeting (56) [Fig 1] extending horizontally [Fig 1] and extending vertically intermediate a first horizontal carriage beam (48) [Fig 1] and a second horizontal carriage beam (46) [Fig 1] , the third sheeting (56) [Fig 1] being extensible and retractable [See Col 3, Line 28-33] [Fig 4, showing (50) separate from sheeting] in response to horizontal movement of the shuttle (50) [Fig 1] , and
a fourth sheeting (58) [Fig 1] extending horizontally and extending vertically intermediate the first horizontal carriage beam (48) [Fig 1] and the second horizontal carriage beam (46) [Fig 1], the fourth sheeting (58) [Fig 1] being extensible and retractable [See Col 3, Line 28-33] [Fig 4, showing (50) separate from sheeting] in response to horizontal movement of the shuttle (50)[Fig 1].
However, Henri fails to disclose
a third sheeting extending horizontally intermediate a first vertical carriage beam and the shuttle
a fourth sheeting extending horizontally intermediate a second vertical carriage beam and the shuttle
However, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool of Henri to have a duplication of element (48) as a first vertical and second vertical carriage beams in order to facilitate ease of installation. When modified, the first and second vertical carriages beams allows for secure attachment for the sheeting. In general, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
In regards to Claim 50, Henri discloses
The tool (10) [Fig 1] of claim 31
However, fails to disclose
comprising a second sheeting extending horizontally in the interior frame region intermediate the first vertical beam and second vertical beam and extending vertically in the interior frame region intermediate the carriage and the second horizontal beam, the second sheeting being extensible and retractable in response to vertical movement of the carriage.
Furthermore, Norris discloses
comprising a second sheeting (15) [Fig 4] extending horizontally [As modified] in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) intermediate the first vertical beam (14, Henri) [Fig 1] and second vertical beam (16, Henri) [Fig 1] and extending vertically [As modified] in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) intermediate the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) and the second horizontal beam (20) [Fig 1],
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include comprising a second sheeting extending horizontally in the interior frame region intermediate the first vertical beam and second vertical beam and extending vertically in the interior frame region intermediate the carriage and the second horizontal beam, the second sheeting being extensible and retractable in response to vertical movement of the carriage as disclosed by Norris. When modified, second sheet with all limitations allows for ease of useability and preventing splash back from the insulation when in use by a person in the field.
Furthermore, Vandehey discloses
the second sheeting (15, Norris) [Fig 4] being extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] in response to vertical movement [Figs 1-2, showing (12) being vertically moveable, Vandehey] of the carriage [Unnumbered, Fig 1, Henri] (see examiners comment).
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include the second sheeting being extensible and retractable in response to vertical movement of the carriage as disclosed by Vandehey. When modified, the adjustability of the second sheeting allows for ease of insulation installation.
Claims 2-3, 14, 39-41 and 47-49 are rejected under 35 U.S.C. 103 as being unpatentable over Henri (US-5355653-A) in view of Norris (US 10480181 B1), Vandehey (US-20130086868-A1) and Francis Bellafiore (US 4417542 A)(Herein Bellafiore)
In regards to Claim 2, Henri as modified discloses
The tool (10) [Fig 1] of claim 1, wherein the first sheeting (60) [Fig 1-2] extends from
the carriage [Unnumbered, Fig 1] (see examiners comment).
However, fails to disclose
a first spool operatively coupled with the first horizontal beam, and the second sheeting extends from the carriage to a second spool operatively coupled with a third horizontal beam extending along a width of the frame and positioned vertically intermediate the first horizontal beam and the second horizontal beam.
Furthermore, Bellafiore discloses
a first spool (102) [Fig 6] operatively coupled with the first horizontal beam (18, Henri) [Fig 1], and the second sheeting (15, Norris) [Fig 4] extends from the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) to a second spool (102) [Fig 6]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a first spool operatively coupled with the first horizontal beam, and the second sheeting extends from the carriage to a second spool disclosed by Bellafiore. When modified, the first and second spool allows for vertical movement providing ease of useability to one of ordinary skill in the art.
Furthermore, Vandehey discloses
a second spool (102, Bellafiore) [Fig 6] operatively coupled with a third horizontal beam (15) [Fig 1] extending along a width of the frame (12, Henri) [Fig 1] and positioned vertically intermediate [As modified] the first horizontal beam (18, Henri) [Fig 1] and the second horizontal beam (20, Henri) [Fig 1].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a third horizontal beam extending along a width of the frame and positioned vertically intermediate the first horizontal beam and the second horizontal beam as disclosed by Vandehey. When modified, the third beam with all limitation’s allow for an ease of assembly between the two sections of the tool. Additionally, allowing for an ease of accessibility to the second spool when needing to extend/retract the second sheeting comparatively to the first sheeting.
In regards to Claim 3, Henri as modified discloses
The tool (10) [Fig 1] of claim 2, wherein, the first sheeting (60) [Fig 1-2] and the
second sheeting (15, Norris) [Fig 4] are extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] in response to movement of the carriage [Unnumbered, Fig 1] (see examiners comment) [Figs 1-2, showing (12) being vertically moveable, Vandehey] in a vertical direction relative [Fig 4] to at least one of the first horizontal beam (18) [Fig 1] and the second horizontal beam (20) [Fig 1].
In regards to Claim 14, Henri as modified discloses
The tool (10) [Fig 1] of claim 2, comprising:
a second carriage [Unnumbered, Fig 1] (see examiners comment) extending intermediate the first and second vertical beams (14, 16) [Fig 1], the second carriage [Unnumbered, Fig 1] (see examiners comment) being vertically moveable [Figs 1-2, showing (12) being vertically moveable, Vandehey] along at least a second portion [Fig 4] of a vertical height of the first and second vertical (14, 16) [Fig 1], the second carriage [Unnumbered, Fig 1] (see examiners comment) including a second receptacle (32) [Fig 1] configured to receive an insulation blower nozzle (34) [Fig 1];
Furthermore, Norris discloses
a third sheeting (15) [Figs 4-5] extending horizontally [Figs 4-5] in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) intermediate the first vertical beam (14, Henri) [Fig 1] and second vertical beam (16) [Fig 1] and extending vertically in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) from the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) toward the third horizontal beam (15, Vandehey) [Fig 1], the third sheeting (15) [Figs 4-5] being extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] in response to vertical movement [Figs 1-2, showing (12) being vertically moveable, Vandehey] of the second carriage [Unnumbered, Fig 1, Henri] (see examiners comment); and a
fourth sheeting (15) [Fig 4] extending horizontally [Fig 4] in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) intermediate the first vertical beam (14, Henri) [Fig 1] and second vertical beam (16, Henri) [Fig 1] and extending vertically in the interior frame region [Unnumbered, Fig 1, Henri] (see examiners comment) from the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) and toward the second horizontal beam (20, Henri) [Fig 1], the second sheeting (15) [Fig 4] being extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] in response to vertical movement [Figs 1-2, showing (12) being vertically moveable, Vandehey] of the second carriage [Unnumbered, Fig 1, Henri] (see examiners comment).
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include third and fourth sheeting as disclosed by Norris. When modified, the second and third sheeting allows for ease of useability against splash back from the insulation during use.
Additionally, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify tool of Henri to have a duplication of element (61) [Fig 3] in order to allow for ease of installation for the third and fourth sheets. When modified, element (61) as disclosed by Henri allows for installation ease of the sheeting. In general, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include the second sheeting being extensible and retractable in response to vertical movement of the second carriage and the third sheeting being extensible and retractable in response to vertical movement of the second carriage. When modified, the adjustability and movement of the second and third sheeting in combination with the carriage allows for ease of insulation installation.
In regards to Claim 36, Henri as modified discloses
The tool (10) [Fig 1] of claim 31, wherein the first sheeting (60) [Fig 1-2] is operatively coupled with a first spool (102, Bellafiore) [Fig 6] and is extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] by unwinding and winding [Via (36), see col 4; lines 27-29, Bellafiore] about the first spool (102, Bellafiore) [Fig 6].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a first spool and is extensible and retractable [As disclosed by Vandehey] by unwinding and winding about the first spool as disclosed by Bellafiore. When modified, the first spool with all limitations allows for ease of retracting and extending as intended by the use of a spool.
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include wherein the first sheeting is extensible and retractable by unwinding and winding about the first spool [As disclosed by Bellafiore] as disclosed by Vandehey. When modified, the sheeting being extensible and retractable allows for ease of insulation installation.
In regards to Claim 37, Henri as modified discloses
The tool (10) [Fig 1] of claim 36, wherein the first spool (102, Bellafiore) [Fig 6] is coupled with the first horizontal beam (18) [Fig 1].
In regards to Claim 38, Henri as modified discloses
The tool (10) [Fig 1] of claim 37, wherein the first spool (102, Bellafiore) [Fig 6] is disposed within the first horizontal beam (18) [Fig 1].
In regards to Claim 39, Henri as modified discloses
The tool (10) [Fig 1] of claim 31
However, fails to disclose
wherein the second sheeting is operatively coupled with a second spool and is extensible and retractable by unwinding and winding about the second spool.
Furthermore, Norris discloses
the second sheeting (15) [Fig 4]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a second sheeting as disclosed by Norris. When modified, the second sheeting allows for ease of useability and provides increased protection against the splash back of the insulation when in use.
Furthermore, Bellafiore discloses
wherein the second sheeting (15, Norris) [Fig 4] is operatively coupled with a second spool (102) [Fig 6] and is extensible and retractable by unwinding and winding [Via (36), see col 4; lines 27-29] about the second spool (102) [Fig 6].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a second spool and is extensible and retractable [As disclosed by Vandehey] by unwinding and winding about the first spool as disclosed by Bellafiore. When modified, the first spool with all limitations allows for ease of retracting and extending as intended by the use of a spool.
Furthermore, Vandehey discloses
wherein the second sheeting (15, Norris) [Fig 4] is operatively coupled with a second spool (102, Bellafiore) [Fig 6] and is extensible and retractable [Figs 1-2, showing (24) being vertically moveable, Vandehey] by unwinding and winding [Via (36), see col 4; lines 27-29, Bellafiore] about the second spool (102, Bellafiore) [Fig 6].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a second spool and is extensible and retractable by unwinding and winding about the first spool [As disclosed by Bellafiore] as disclosed by Vandehey. When modified, the first spool with all limitations allows for ease insulation installation.
In regards to Claim 40, Henri as modified discloses
The tool (10) [Fig 1] of claim 39, wherein the second spool (102, Bellafiore) [Fig 6] is coupled with the second horizontal beam (20) [Fig 1].
In regards to Claim 41, Henri as modified discloses
The tool (10) [Fig 1] of claim 40, wherein the second spool (102, Bellafiore) [Fig 6] is disposed within the second horizontal beam (20) [Fig 1].
In regards to Claims 47, Henri discloses
The tool (10) [Fig 1] of claim 44, the first sheeting (60) [Fig 1], the third sheeting (56) [Fig 1] , and the fourth sheeting (58) [Fig 1] are permeable to airflow. [ Col 4, Line 47-48, indicating “wire mesh”]
However, fails to disclose
the second sheeting are permeable to airflow.
Furthermore, Norris discloses
the second sheeting (15) [Fig 4] are permeable to airflow [ Col 4, Line 47-48, indicating “wire mesh”, Henri]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a second sheeting as disclosed by Norris. When modified, the second sheeting allows for ease of useability and provides increased protection against the splash back of the insulation when in use.
In regards to Claim 48, Henri discloses
The tool (10) [Fig 1] of claim 31, wherein at least one of the first sheeting (60) [Fig 1] and the second sheeting (15, Norris) [Fig 4] is permeable to airflow [ Col 4, Line 47-48, indicating “wire mesh”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a second sheeting as disclosed by Norris. When modified, the second sheeting allows for ease of useability and provides increased protection against the splash back of the insulation when in use.
In regards to Claim 49, Henri discloses
The tool (10) [Fig 1] of claim 31, wherein the first sheeting (60) [Fig 1] and the second sheeting (15, Norris) [Fig 4] are permeable to airflow [Col 4, Line 47-48, indicating “wire mesh”]
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include a second sheeting as disclosed by Norris. When modified, the second sheeting allows for ease of useability and provides increased protection against the splash back of the insulation when in use.
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Henri (US-5355653-A) in view of Norris (US 10480181 B1) and Vandehey (US-20130086868-A1) and Wang (US 20180038119 A1)
In regards to Claim 42, Henri discloses
The tool (10) [Fig 1] of claim 31
However, Henri fails to disclose
wherein the carriage includes a first bearing at least partially disposed in a first groove defined in the first vertical beam, and a second bearing at least partially disposed in a second groove defined in the second vertical beam.
Furthermore, Wang discloses
wherein the carriage [Unnumbered, Fig 1, Henri] (see examiners comment) includes a first bearing (40) [Fig 9] at least partially disposed [Fig 9] in a first groove [Unnumbered, Fig 9] (see examiners comment) defined in the first vertical beam (14 Henri) [Fig 1], and a second bearing (41) [Fig 9] at least partially disposed in a second groove [Unnumbered, Fig 9] (see examiners comment) defined in the second vertical beam (16 Henri) [Fig 1].
Based on the prior art relied upon above, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the tool by Henri to further include wherein the carriage includes a first bearing at least partially disposed in a first groove defined in the first vertical beam, and a second bearing at least partially disposed in a second groove defined in the second vertical beam as disclosed by Wang. When modified, the first and second bearings and grooves with all limitations allows for ease of vertical movement as intended by Henri.
Examiners Comment
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801
612
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Wang, Figure 9
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547
623
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Henri, Figure 1
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA K. AL-ASWAR whose telephone number is (571)272-6335. The examiner can normally be reached M through F 7:30 to 5PM.
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/Z.K.A./Examiner, Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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