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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-6, 8-17, 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 5-6, 8-10, 13, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Bauer (US Pat. 7,654,053 B1).
Regarding claim 1, Bauer discloses a pre-formed foundation pier vapor barrier wrap comprising:
a lower skirt having a lower interior edge defining an open interior area for receiving a foundation pier, wherein said lower skirt extends horizontally outward from the lower interior edge when disposed around a foundation pier (Fig. 6C, substantially planar vapor barrier patch 15 has a flat portion contacting the ground and is disposed around a vertical member);
an upper wrap extending upward from the lower interior edge of the lower skirt and further defining said open interior area for receiving a foundation pier (Fig. 6C, substantially planar vapor barrier patch 15 wraps around a vertical member);
said lower skirt and said upper wrap each having a first end portion and a second end portion with the second end portion disposed opposite said first end portion (Fig. 6C, the vertical and horizontal portions of substantially planar vapor barrier patch 15 each comprise first and second ends at their extents);
the first end portion of said upper wrap includes an overlap portion that extends and overlaps with the second end portion of the upper wrap when in a closed configuration disposed around a foundation pier and is separated from the second end portion of the upper wrap in an open configuration (Fig. 6C, adhesive seam 130);
the first end portion of said lower skirt includes an overlap portion that extends and overlaps with the second end portion of the lower skirt when in the closed configuration disposed around a foundation pier and is separated from the second end portion of the lower skirt in the open configuration (See id);
wherein said lower skirt and said upper wrap are pre-formed through a molding process from a single piece of moisture impervious material (Fig. 6C, the substantially planar vapor barrier patch 15 is a single piece), the molding process creating a curved transition area between the lower skirt and upper wrap that stabilizes the upper wrap to prevent wrinkles, kinks, or tears, and wherein the lower skirt and upper wrap form a single continuous element that completely surrounds a foundation pier and contacts the foundation pier directly (Fig. 6C, the transition between the vertical and horizontal portions is curved) whereby the lower skirt and upper wrap extend around a foundation pier such that the upper wrap is disposed adjacent to and extends up at least a portion of the foundation pier and the lower skirt extends horizontally outward from the base of the foundation pier (Fig. 7C, stake 25).
Regarding claim 3, Bauer discloses said single piece of moisture impervious material is selected from the group consisting of plastic film sheeting and rubberized sheeting (Col. 2, lines 5-7: “Vapor barriers are typically sheeting materials based on polyethylene or polyolefin technology”).
Regarding claim 5, Bauer discloses said single piece of moisture impervious material includes at least one characteristic selected from the group consisting of an antimicrobial property, a fire-retardant property, reinforcing puncture and abrasion resistance property, and a UV resistance property (Col. 2, lines 46-48: “In [sic] is also known in the art to specify a thick vapor retarder that will be more puncture-resistant during typical construction activities”).
Regarding claim 6, Bauer discloses said single piece of moisture impervious material is selected from the group consisting of polypropylene, polyester, polyethylene, nylon, polyvinyl chloride, and various mixtures thereof and arranged in one or more layers (Col. 2, lines 5-7: “Vapor barriers are typically sheeting materials based on polyethylene or polyolefin technology”).
Regarding claim 8, Bauer discloses wherein the upper wrap extends upward in a uniform arrangement from the lower interior edge of said lower skirt (Fig. 6C, the substantially planar vapor barrier patch 15 extends upwards from the bottom extents of the lower edge).
Regarding claim 9, Bauer discloses wherein a top edge of the upper wrap is at a consistent height relative to the lower skirt (Fig. 6C, the upper portion extends upwards at a constant height around the stake).
Regarding claim 10, Bauer discloses a first adhesion strip carried by at least one of said first and second end portions of each said upper and lower skirts, wherein said first adhesion strip bonds and seals said first end portions to said second end portions within the overlap portion for each said upper and lower skirts in said closed configuration (Fig. 6C, adhesive seam 130).
Regarding claim 13, Bauer discloses a pre-formed foundation pier vapor barrier wrap comprising:
a lower skirt extending horizontally; an upper wrap extending upward from the lower skirt (Fig. 6C, substantially planar vapor barrier patch 15 has a flat portion contacting the ground and is disposed around a vertical member);
an open interior area defined by said lower skirt and upper wrap for receiving a foundation member (Fig. 6C, substantially planar vapor barrier patch 15 wraps around a vertical member);
said lower skirt and said upper wrap each having a first end portion and a second end portion with the second end portion disposed opposite said first end portion so that the first and second end portions of the lower skirt and upper warp overlap when in a closed configuration and separate in an open configuration (Fig. 6C, the vertical and horizontal portions of substantially planar vapor barrier patch 15 each comprise first and second ends at their extents);
and, wherein said lower skirt and said upper wrap are defined by a single piece of moisture impervious material (Fig. 6C, the substantially planar vapor barrier patch 15 is a single piece) molded so that a transition area of the material interconnecting the lower skirt and the upper wrap is curved, the curved transition area stabilizing the upper wrap to prevent wrinkles, kinks, or tears (Fig. 6C, the transition between the vertical and horizontal portions is curved), and wherein the lower skirt and upper wrap form a single continuous element that completely surrounds a foundation pier (Fig. 7C, stake 25) and contacts the foundation pier directly whereby the lower skirt and upper wrap extend around a foundation pier such that the upper wrap is disposed adjacent to and extends up at least a portion of the foundation pier and the lower skirt extends horizontally outward from the base of the foundation pier (Fig. 7C, substantially planar vapor barrier patch 15 contacts stake 25).
Regarding claim 15, Bauer discloses said single piece of moisture impervious material includes at least one characteristic selected from the group consisting of an antimicrobial property, a fire-retardant property, reinforcing puncture and abrasion resistance property, and a UV resistance property (Col. 2, lines 46-48: “In [sic] is also known in the art to specify a thick vapor retarder that will be more puncture-resistant during typical construction activities”).
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.
Claim(s) 4, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US Pat. 7,654,053 B1).
Regarding claim 4, Bauer discloses the claimed invention except for said single piece of moisture impervious material comprises a multilayered plastic film sheet ranging in thickness from about 1 mil to 25 mil. It would have been obvious to one having ordinary skill in the art at the time the invention was made to select a barrier having a thickness of between 1 and 25 mil for adequate durability, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 14, Bauer discloses the claimed invention except for said single piece of moisture impervious material comprises a multilayered plastic film sheet ranging in thickness from about 1 mil to 25 mil. It would have been obvious to one having ordinary skill in the art at the time the invention was made to select a barrier having a thickness of between 1 and 25 mil for adequate durability, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 11-12, 16-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer (US Pat. 7,654,053 B1) in view of Ryden (US Pub. 2010/0263311 A1).
Regarding claim 11, Bauer discloses the claimed invention except for as taught by Ryden, similarly drawn to a system for air sealing of leaks in building corners in a wall portion, a second adhesion strip carried by said lower skirt for bonding and sealing (Pg. 4, [0051]: “The cover element may comprise adhesive-coated portions along at least some of the edge portions of the unfolded cover element. This allows rapid and easy adhesion to the surrounding diffusion and airsealing film, whereby the use of supplementary sealing material can be limited to such instances where the circumstances dictate the use thereof”) to a ground vapor barrier (Fig. 12, air sealing film 1020).
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 vapor barrier wrap of Bauer to include the second adhesive of Ryden for improved waterproofing.
Regarding claim 12, Bauer as modified by Ryden discloses the claimed invention in addition to as taught by Ryden, wherein said second adhesion strip extends along an entire perimeter portion of said lower skirt to form a continuous gapless seal between said lower skirt and the ground vapor barrier (The aforementioned adhesive seal between the cover and the airsealing film is necessarily along the entire interface between the two surfaces).
Regarding claim 16, Bauer discloses a first adhesion strip carried by at least one of said first and second end portions of each said upper and lower skirts, wherein said first adhesion strip bonds and seals said first end portions to said second end portions within the overlap portion for each said upper and lower skirts in said closed configuration (Fig. 6C, adhesive seam 130).
However, Bauer fails to disclose as taught by Ryden, similarly drawn to a system for air sealing of leaks in building corners in a wall portion, a second adhesion strip carried along a perimeter portion of said lower skirt for bonding and sealing (Pg. 4, [0051]: “The cover element may comprise adhesive-coated portions along at least some of the edge portions of the unfolded cover element. This allows rapid and easy adhesion to the surrounding diffusion and airsealing film, whereby the use of supplementary sealing material can be limited to such instances where the circumstances dictate the use thereof”) to a ground vapor barrier (Fig. 12, air sealing film 1020).
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 vapor barrier wrap of Bauer to include the second adhesive of Ryden for improved waterproofing.
Regarding claim 17, Bauer discloses a pre-formed foundation pier vapor barrier wrap comprising:
a lower skirt extending horizontally; an upper wrap extending upward from the lower skirt (Fig. 6C, substantially planar vapor barrier patch 15 has a flat portion contacting the ground and is disposed around a vertical member);
an open interior area defined by said lower skirt and upper wrap for receiving a foundation member (Fig. 6C, substantially planar vapor barrier patch 15 wraps around a vertical member);
said lower skirt and said upper wrap each having a first end portion and a second end portion with the second end portion disposed opposite said first end portion so that the first and second end portions of the lower skirt and upper warp overlap when in a closed configuration and separate in an open configuration (Fig. 6C, the vertical and horizontal portions of substantially planar vapor barrier patch 15 each comprise first and second ends at their extents);
a first adhesion strip carried by at least one of said first and second end portions of each said upper and lower skirts, wherein said first adhesion strip bonds and seals said first end portions to said second end portions when overlapped in said closed configuration (Fig. 6C, adhesive seam 130);
wherein said lower skirt and said upper wrap are pre-formed through a molding process from a single piece of moisture impervious material (Fig. 6C, the substantially planar vapor barrier patch 15 is a single piece), the molding process creating a curved transition area between the lower skirt and upper wrap that stabilizes the upper wrap to prevent wrinkles, kinks, or tears (Fig. 6C, the transition between the vertical and horizontal portions is curved), and wherein the lower skirt and upper wrap form a single continuous element that completely surrounds a foundation pier and contacts the foundation pier directly (Fig. 7C, substantially planar vapor barrier patch 15 contacts stake 25);
whereby the lower skirt and upper wrap extend around a foundation pier such that the upper wrap is disposed adjacent to and extends up at least a portion of the foundation pier and the lower skirt extends horizontally outward from the base of the foundation pier (See id).
However, Bauer fails to disclose as taught by Ryden, similarly drawn to a system for air sealing of leaks in building corners in a wall portion, a second adhesion strip carried by said lower skirt along a perimeter portion for bonding and sealing (Pg. 4, [0051]: “The cover element may comprise adhesive-coated portions along at least some of the edge portions of the unfolded cover element. This allows rapid and easy adhesion to the surrounding diffusion and airsealing film, whereby the use of supplementary sealing material can be limited to such instances where the circumstances dictate the use thereof”) to a ground vapor barrier (Fig. 12, air sealing film 1020).
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 vapor barrier wrap of Bauer to include the second adhesive of Ryden for improved waterproofing.
Regarding claim 19, Bauer as modified by Ryden discloses the claimed invention in addition to as taught by Bauer, said single piece of moisture impervious material includes at least one layer having a characteristic selected from the group consisting of an antimicrobial property, a fire-retardant property, reinforcing puncture and abrasion resistance property, and a UV resistance property (Col. 2, lines 46-48: “In [sic] is also known in the art to specify a thick vapor retarder that will be more puncture-resistant during typical construction activities”).
However, Bauer in view of Ryden fails to disclose said single piece of moisture impervious material comprises a multilayered plastic film sheet ranging in thickness from about 1 mil to 25 mil. It would have been obvious to one having ordinary skill in the art at the time the invention was made to select a barrier having a thickness of between 1 and 25 mil for adequate durability, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 20, Bauer as modified by Ryden discloses the claimed invention in addition to as taught by Bauer, wherein the upper wrap extends upward in a uniform arrangement from the lower skirt so that a top edge of the upper wrap is at a consistent height relative to the lower skirt (Fig. 6C, the upper portion extends upwards at a constant height around the stake).
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at 5712721467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights