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 .
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 15 is 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. The claim recites the shingles configured to resist wind uplift forces from wind speeds of up to “194 mph in accordance with ASTM D3161”, which is confusing, first, because it is unclear which revision applies, and second, because the highest ASTM D3161 wind speed is 150 mph. It is ASTM D7158 covering class H shingles that has a 194 mph rating.
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.
The factual inquiries 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.
Claims 1-14 and 16-19 - are rejected under 35 U.S.C. 103 as being unpatentable over Grupka (9,017,791) in view of Kailey (2011/0005158) and Elliott (7,877,949).
1. Grubka, fig. 4B, teaches a cap shingle comprising:
at least one layer of shingle material including:
a front edge, a rear edge, an upper surface having a headlap portion adjacent to the rear edge and an exposure portion adjacent to the front edge, col. 3, lines 49-56; and a lower surface;
a plurality of granules 42 applied to the headlap portion (the relatively low density granule cover as shown in fig 4A) and the exposure portion (the higher density granule cover as shown in fig 4A);
wherein the at least one layer of shingle material is configured to bend in an arc along an axis extending in a direction from the rear edge to the front edge for installation along a ridge, hip, or cap of a roof.
Grubka does not teach a sealant applied along the lower surface, a marking line along the upper surface between the headlap portion and exposure portion, the marking line capable of creating shadow lines, contrasting colors or shading, an appearance of an increased thickness or depth of the exposure portion, or combinations thereof.
Kailey teaches a sealant 34 applied along a lower surface (the adhesive can go on the lower surface, para 23) and Elliot teaches a marking line 54 along an upper surface generally between the headlap portion and the exposure portion (marking line 54 is along an upper surface generally between the headlap portion and the exposure portion just as Applicant’s shadow line 61 is so generally situated), the marking line capable of creating shadow lines, contrasting colors or shading, an appearance of an increased thickness or depth of the exposure portion, or combinations thereof, col. 6. Line 25. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply sealant applied along the lower surface for watertightness and have a marking line along the upper surface between the headlap portion and exposure portion for “the desired optical effect”.
2. and 3. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 1, Grubka further comprising an asphalt coating, abstract, applied to at least the upper surface of the at least one layer of shingle material.
4. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 1, Eliott further teaching the line comprises a surfacing material (granules) applied to the upper surface of the at least one layer of shingle material.
5. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 4, Elliott further teaching the surfacing material comprises a plurality of granules.
6. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 4, Elliott further teaching the surfacing material is applied to the upper surface of the at least one layer of shingle material so as to define an alignment guide for aligning a front edge of the next cap shingle with the headlap portion of the cap shingle, col. 6, line 17.
7. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 1, Elliott, fig. 6, further teaching the at least one layer of shingle material comprises a first (top) layer of shingle material and a second (bottom) layer of shingle material; and further comprising an adhesive applied between the first and second layers of shingle material to attach the first and second layers of shingle material together, col. 4, lies 29-39. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for Grubka to have a second layer of shingle material for a depth look.
8. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 1, Grubka further teaching
the granules comprise a plurality of headlap granules positioned along the headlap portion, and a plurality of butt granules positioned along the exposure portion, fig. 4B.
9. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 8, Grubka in view of Kailey and Elliott further teaching the at least one marking line comprising a surfacing material including a plurality of granules that differ from the headlap granules applied to the headlap portion and butt granules applied to the exposure portion because Elliot teaches such difference, figs. 5-6.
10. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 8, Kailey further teaching the sealant comprises a substantially continuous or discontinuous strip of a self-sealing material, fig. 5B.
11. Grupka teaches a roofing system comprising:
a plurality of cap shingles positioned along a ridge, hip or cap of a roof, each of the cap shingles comprising: an upper surface having a headlap portion and an exposure portion, col. 3, lines 49-56;
a lower surface opposite the upper surface;
a plurality of granules 42 applied along at least a portion of the upper surface;
wherein the cap shingle is configured to bend in an arc for installation along the ridge, hip, or cap of the roof; and
wherein each cap shingle is installed along the ridge, hip or cap of the roof with the exposure portion of the cap shingle overlapping a headlap portion of an adjacent cap shingle, fig. 2.
Grupka does not teach a sealant disposed along the lower surface; and at least one marking line or strip positioned along the upper surface between the headlap portion and the exposure portion, the at least one marking line configured to create one or more shadow lines, a contrasting color or shading, an appearance of an increased thickness or depth of the exposure portion, an appearance of a transition between the headlap portion and the exposure portion, or combinations thereof.
Kailey teaches a sealant 34 applied along a lower surface (the adhesive can go on the lower surface, para 23) and Elliot teaches a marking line 54 along an upper surface generally between the headlap portion and the exposure portion (marking line 54 is along an upper surface generally between the headlap portion and the exposure portion just as Applicant’s shadow line 61 is so generally situated, the marking line capable of creating shadow lines, contrasting colors or shading, an appearance of an increased thickness or depth of the exposure portion, or combinations thereof, col. 6. Line 25. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply sealant applied along the lower surface for watertightness and have a marking line along the upper surface between the headlap portion and exposure portion for “the desired optical effect”.
12. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 11, Eliott further teaching the line comprises a surfacing material (granules) applied to the upper surface of the at least one layer of shingle material.
13. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 12, Elliott further teaching the surfacing material comprises a plurality of granules.
14. Grubka in view of Kailey and Elliott teaches the cap shingle of claim 11, Elliott further teaching the at least one marking line is further configured to define an alignment guide for aligning a front edge of the cap shingle with the headlap portion of the adjacent cap shingle, col. 6, line 17.
16. Grupka, fig. 4B, teaches a kit comprising:
a plurality of cap shingles, each of the cap shingles comprising:
at least one layer of shingle material having an asphalt material applied thereto;
a plurality of peripheral edges including a front edge, a rear edge and side edges;
an upper surface having an exposure portion and a headlap portion;
a lower surface;
wherein each of the cap shingles is configured to bend in an arc along an axis extending in a direction from the rear edge to the front edge for installation along a ridge, hip, or cap of a roof, fig. 2; and
wherein each cap shingle is configured to be installed along the ridge, hip or cap of the roof with the headlap portion of the cap shingle overlapped by an exposure portion of a next cap shingle arranged along the ridge, hip or cap of the roof, fig. 2.
Grupka does not teach a sealant applied along the lower surface and at least one marking line along the upper surface between the headlap portion and the exposure portion, and at least a portion of the at least one marking line of the cap shingle or the next cap shingle visible between the cap shingle and a front edge of the next cap shingle so as to create one or more shadow lines, a contrasting color or shading between the cap shingle and the next cap shingle, an appearance of increased thickness or depth between the cap shingle and the next cap shingle, an appearance of a transition between the cap shingle and the next cap shingle, an indicator adapted to facilitate alignment of the front edge of the next cap shingle with the headlap portion of the cap shingle, or combinations thereof. Kailey teaches a sealant 34 applied along a lower surface (the adhesive can go on the lower surface, para 23) and Elliot teaches a marking line 54 along the upper surface between the headlap portion and the exposure portion(marking line 54 is along an upper surface generally between the headlap portion and the exposure portion just as Applicant’s shadow line 61 is so generally situated), and at least a portion of the at least one marking line of the cap shingle or the next cap shingle visible between the cap shingle and a front edge of the next cap shingle so as to create one or more shadow lines, a contrasting color or shading between the cap shingle and the next cap shingle, an appearance of increased thickness or depth between the cap shingle and the next cap shingle, col. 6. Line 25, an appearance of a transition between the cap shingle and the next cap shingle, an indicator adapted to facilitate alignment of the front edge of the next cap shingle with the headlap portion of the cap shingle, or combinations thereof, col. 6, line 17. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply sealant applied along the lower surface for watertightness and have the claimed marking line along the upper surface between the headlap portion and exposure portion for a depth effect.
17. Grubka in view of Kailey and Elliott teaches the kit of claim 16, Elliott further teaching the at least one marking line or strip comprises a surfacing material (granules) applied to the upper surface of each cap shingle.
18. Grubka in view of Kailey and Elliott teaches the kit of claim 16, Grupka further comprising a plurality of headlap granules applied to the headlap portion and a plurality of butt granules applied to the exposure portion of the upper surface; and wherein the at least one Grupka in view of Elliott marking line comprises a surfacing material applied to the upper surface of each cap shingle, the surfacing material comprising granules of a different or contrasting color or shade to the headlap granules and the butt granules because Elliott teaches such contrasting granules.
19. Grubka in view of Kailey and Elliott teaches the kit of claim 16, Kailey further teaching the sealant comprises at least one substantially continuous strip of a self-sealing material, fig. 4.
Claims 15 and 20 - are rejected under 35 U.S.C. 103 as being unpatentable over Grupka in view of Kailey and Elliott and in further view of Boss (2020/0040582).
15 and 20. Grupka does not expressly teach the cap shingles are installed along the ridge, hip, or cap of the roof, the cap shingles configured to resist wind uplift forces from wind speeds of up to 194 mph in accordance with ASTM D3161. Boss, para. 55, teaches, as best understood, shingles configured to resist wind uplift forces from wind speeds in accordance with ASTM D3161. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the cap shingles installed along the ridge, hip, or cap of the roof, the cap shingles to be configured to resist wind uplift forces from wind speeds in accordance with ASTM D3161 to prevent shingle damage.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J KENNY whose telephone number is (571)272-9951. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DANIEL J KENNY/ Examiner, Art Unit 3633
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