DETAILED ACTION
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 1-20 are pending.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 6-8, 10-11 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Rodenhouse et al (“Rodenhouse”) (US 9,945,414).
At the outset, it is noted that the claims appear to be drawn to Fig. 2A-2F and 3A-3D and are being interpreted as such.
Re claim 1, Rodenhouse discloses a mounting device (10) for covering a roof penetration in a roof (10 is capable of covering a roof penetration in a roof), the mounting device (10) comprising:
a base (12) including a hub (45), an outer perimeter structure (54), a top (top of 12) which is open (at 26), a bottom (bottom of 12) which is open (Fig. 6), and a dome (at 50, between 45 and 54) extending from the hub (45) to the outer perimeter structure (54);
an internal reservoir (within 12) extending between the hub (45) and the outer perimeter structure (54) for holding a sealant against and in cooperation with the roof (within 12 is capable of holding a sealant against and in cooperation with the roof, as this is a statement of intended use); and
a rib (28) formed to an underside (Fig. 6) of the dome (at 50, between 45 and 54) and extending radially outward from (Fig. 6) the hub (45) toward (Fig. 6) the outer perimeter structure (54).
Re claim 6, Rodenhouse discloses the mounting device of claim 1, wherein the rib (28) terminates above (due to the tapered shape) the bottom (bottom of 12, at its lowest proximate 54) of the base (12).
Re claim 7, Rodenhouse discloses the mounting device of claim 1, wherein the internal reservoir (within 12) continuously encircles (Fig. 6) the hub (45) and is unsevered by (the rib stop at element 60, thus, the internal reservoir is unsevered by 28, and is instead severed by 60) the rib (28).
Re claim 8, Rodenhouse discloses a mounting device (10) for covering a roof penetration in a roof (10 is capable of covering a roof penetration in a roof), the mounting device (10) comprising:
a base (12) including a hub (45), an outer perimeter structure (54), a top (top of 12) which is open (at 26), a bottom (bottom of 12) which is open (Fig. 6), and an open keyway (26) within the hub (45);
an internal reservoir (within 12) extending under (Fig. 6) the keyway (26) and to the outer perimeter structure (54) for holding a sealant against and in cooperation with the roof (within 12 is capable of holding a sealant against and in cooperation with the roof, as this is a statement of intended use); and
a rib (28) formed within (Fig. 6) the internal reservoir (at 50, between 45 and 54); and
a key (14) which, when engaged (Fig. 1) in the keyway (26), cooperates with the base (10) to form an environmental seal over the roof penetration (Fig. 7; in addition, the language “when engaged” is directed to optional/conditional language, and the language “to form an environmental seal over the roof penetration” is directed to the intended use of the mounting device).
Re claim 10, Rodenhouse discloses the mounting device of claim 8, wherein the rib (28) terminates above (due to the tapered shape) the bottom (bottom of 12, at its lowest proximate 54) of the base (12).
Re claim 11, Rodenhouse discloses the mounting device of claim 8, wherein the internal reservoir (within 12) continuously encircles (Fig. 6) the hub (45) and is unsevered by (the rib stop at element 60, thus, the internal reservoir is unsevered by 28, and is instead severed by 60) the rib (28).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-3, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodenhouse et al (“Rodenhouse”) (US 9,945,414) in view of Ortwein (US 7,207,543).
Re claim 2, Rodenhouse discloses the mounting device of claim 1, but fails to disclose further comprising a bore formed through the rib for receiving a fastener for fastening the mounting device to the roof.
However, Ortwein discloses further comprising a bore (5) formed through the rib (spokes of 1) for receiving a fastener for fastening the mounting device to the roof (5 is capable of receiving a fastener for fastening the mounting device to the roof, as this is a statement of intended use).
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 mounting device of Rodenhouse further comprising a bore formed through the rib for receiving a fastener for fastening the mounting device to the roof as disclosed by Ortwein in order to provide for venting or release of excess sealant (Col 4 lines 62-65), or to allow for use of a more secure, yet release fastener, such as a screw, instead of feature 16.
Re claim 3, Rodenhouse discloses the mounting device of claim 2, wherein the bore (Ortwein: 5) is recessed below (Rodenhouse: due to the ribs and 16 being below the uppermost surface proximate 45) an upper surface (proximate 45) of the dome (at 50, between 45 and 54).
Re claim 9, Rodenhouse discloses the mounting device of claim 8, but fails to disclose further comprising a bore formed through the rib for receiving a fastener for fastening the mounting device to the roof.
However, Ortwein discloses further comprising a bore (5) formed through the rib (spokes of 1) for receiving a fastener for fastening the mounting device to the roof (5 is capable of receiving a fastener for fastening the mounting device to the roof, as this is a statement of intended use).
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 mounting device of Rodenhouse further comprising a bore formed through the rib for receiving a fastener for fastening the mounting device to the roof as disclosed by Ortwein in order to provide for venting or release of excess sealant (Col 4 lines 62-65), or to allow for use of a more secure, yet release fastener, such as a screw, instead of feature 16.
Claim(s) 4, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodenhouse et al (“Rodenhouse”) (US 9,945,414) in view of Giannuzzi (US 4,574,551).
Re claim 4, Rodenhouse discloses the mounting device of claim 1, but fails to disclose wherein: the dome includes fingers separated by and projecting above dome portions; and each of the fingers bounds a cavity below the respective finger, the cavity comprising a part of the internal reservoir.
However, Giannuzzi discloses wherein: the dome (18) includes fingers (20, 21) separated by and projecting above (Fig. 1-3) dome portions (the areas between 20 and 21); and each of the fingers (20, 21) bounds a cavity (below the upper surfaces of 20 and 21, see Fig. 1) below the respective finger (20, 21), the cavity (internal to 20 and 21) comprising a part of the internal reservoir (internal to 20 and 21).
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 mounting device of Rodenhouse wherein: the dome includes fingers separated by and projecting above dome portions; and each of the fingers bounds a cavity below the respective finger, the cavity comprising a part of the internal reservoir as disclosed by Giannuzzi in order to provide additional space within the internal reservoir of Rodenhouse for increased amount of sealant and/or bonding agent, creating a stronger seal to the underlying structure.
Re claim 12, Rodenhouse discloses the mounting device of claim 8, further comprising a dome (at 50, between 45 and 54) extending between (Fig. 1) the hub (45) and the outer perimeter structure (54) but fails to disclose the dome includes fingers separated by and projecting above dome portions, wherein each of the fingers bounds a cavity below the respective finger, the cavity comprising a part of the internal reservoir.
However, Giannuzzi discloses the dome (18) includes fingers (20, 21) separated by and projecting above (Fig. 1-3) dome portions (the areas between 20 and 21), wherein each of the fingers (20, 21) bounds a cavity (below the upper surfaces of 20 and 21, see Fig. 1) below the respective finger (20, 21), the cavity (internal to 20 and 21) comprising a part of the internal reservoir (internal to 20 and 21).
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 mounting device of Rodenhouse with the dome includes fingers separated by and projecting above dome portions, wherein each of the fingers bounds a cavity below the respective finger, the cavity comprising a part of the internal reservoir as disclosed by Giannuzzi in order to provide additional space within the internal reservoir of Rodenhouse for increased amount of sealant and/or bonding agent, creating a stronger seal to the underlying structure.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodenhouse et al (“Rodenhouse”) (US 9,945,414) in view of Giannuzzi (US 4,574,551) and Ortwein (US 7,207,543).
Re claim 13, Rodenhouse discloses the mounting device of claim 12, but fails to disclose further comprising a bore formed through the rib for receiving a fastener for fastening the mounting device to the roof.
However, Ortwein discloses further comprising a bore (5) formed through the rib (spokes of 1) for receiving a fastener for fastening the mounting device to the roof (5 is capable of receiving a fastener for fastening the mounting device to the roof, as this is a statement of intended use).
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 mounting device of Rodenhouse further comprising a bore formed through the rib for receiving a fastener for fastening the mounting device to the roof as disclosed by Ortwein in order to provide for venting or release of excess sealant (Col 4 lines 62-65), or to allow for use of a more secure, yet release fastener, such as a screw, instead of feature 16.
Claim(s) 15-17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodenhouse et al (“Rodenhouse”) (US 9,945,414) in view of Verble (US 4,999,963).
Re claim 15, Rodenhouse discloses a mounting device (10) for covering a roof penetration in a roof (10 is capable of covering a roof penetration in a roof), the mounting device (10) comprising:
a base (12) including a hub (45), an outer perimeter structure (54), a top (top of 12) which is open (at 26), a bottom (bottom of 12) which is open (Fig. 6), and a dome (at 50, between 45 and 54) extending between (Fig. 1) the hub (45) and the outer perimeter structure (54);
an internal reservoir (within 12) defined between the dome (at 50, between 45 and 54) and the bottom (bottom of 12) of the base (12) for holding a sealant against and in cooperation with the roof (within 12 is capable of holding a sealant against and in cooperation with the roof, as this is a statement of intended use); and
a plurality of ribs (28) projecting from an underside (Fig. 6) of the dome (at 50, between 45 and 54) downward into (Fig. 6) the internal reservoir (within 12),
but fails to disclose a bore formed in the dome, the bore for receiving a fastener for fastening the mounting device at the roof penetration.
However, Verble discloses a bore (56) formed in the dome (of 20), the bore (56) for receiving a fastener (54; Col 6 lines 19-20) for fastening the mounting device (20) at the roof penetration (Fig. 10).
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 mounting device of Rodenhouse with a bore formed in the dome, the bore for receiving a fastener for fastening the mounting device at the roof penetration as disclosed by Verble in order to provide for alternative fastening locations (Col 6 lines 19-20), or to utilize additional fastening locations so as to increase strength and rigidity of the connection.
Re claim 16, Rodenhouse as modified discloses the mounting device of claim 15, wherein the internal reservoir (within 12) comprises a plurality of cavities (see examiner comments) extending upward into (Fig. 6) the dome (within 12).
Re claim 17, Rodenhouse discloses the mounting device of claim 15, wherein the internal reservoir (within 12) continuously encircles (Fig. 6) the hub (45) and is unsevered by (the rib stop at element 60, thus, the internal reservoir is unsevered by 28, and is instead severed by 60) the rib (28).
Re claim 19, Rodenhouse discloses the mounting device of claim 15, Verble discloses wherein the bore (56) is recessed below (Fig. 9) an upper surface (top of 20) of the dome (20)
Re claim 20, Rodenhouse discloses the mounting device of claim 15, wherein the hub (45) defines a keyway (26) for receivably engaging a key (14), which, when moved (Fig. 1) into the keyway (26), cooperates with the base (10) to form an environmental seal over the roof penetration (Fig. 7; in addition, the language “when moved” is directed to optional/conditional language, and the language “to form an environmental seal over the roof penetration” is directed to the intended use of the mounting device).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rodenhouse et al (“Rodenhouse”) (US 9,945,414) in view of Giannuzzi (US 4,574,551) and Ortwein (US 7,207,543).
Re claim 18, Rodenhouse discloses the mounting device of claim 15, but fails to disclose wherein the bore extends through at least one of the ribs.
However, Ortwein discloses wherein the bore (5) extends through at least one of the ribs (spokes of 1).
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 mounting device of Rodenhouse wherein the bore extends through at least one of the ribs as disclosed by Ortwein in order to provide for venting or release of excess sealant (Col 4 lines 62-65), or to allow for use of a more secure, yet release fastener, such as a screw, instead of feature 16.
Allowable Subject Matter
Claim(s) 5, 14 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner Comments
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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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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