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 Objections
Claim 5 is objected to because “at least two edge portions” should be –at least two edge portions of the at least one edge portion--. Appropriate correction is required.
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.
Claims 1-2, 5-6, 8-10, 12-13, 16-17, and 19-10 - are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scheidig (11,371,238).
1. Scheidig teaches a water relief apparatus of a greenhouse roof (the apparatus is “of a greenhouse roof”, as broadly recited, as the light and heat permeable large roof area on the building, col. 1, lines 23-25, effectively makes the enclosed, climate-controlled building structure clear roof a greenhouse roof), the apparatus comprising:
a flexible membrane 4, col. 7, lines 52-54, coupled to the roof, the flexible membrane including:
a first (upper) surface facing at least approximately away from an interior of the greenhouse; a second (bottom) surface opposite the first surface;
an opening 22 extending between the first surface and the second surface; and
a drain segment 26 including at least one edge portion (the right portion, fig. 2) coupled to the flexible membrane such that the opening is sealed when the at least one edge portion is coupled to the flexible membrane, wherein the at least one edge portion is configured to decouple from the flexible membrane based on a threshold weight of water on the flexible membrane, col. 5, lines 51-68.
2. Scheidig teaches the apparatus of claim 1, Scheidig further teaching at least an approximately watertight seal covering the opening is formed when the at least one edge portion is coupled to the flexible membrane, fig. 2a.
5. Scheidig teaches the apparatus of claim 1, Scheidig further teaching the drain segment is comprised of at least two edge portions (the left and right edges, fig. 2), wherein each of the edge portions is configured to form an at least approximately watertight seal covering a corresponding portion of the opening.
6. Scheidig teaches the apparatus of claim 1, Scheidig further teaching the opening and the at least one edge portion of the drain segment are positioned on the flexible membrane based on an expected value of the threshold weight of water, and wherein the threshold weight of water is based at least in part on one or more of: a geometry of the flexible membrane, a geometry of the opening, a tensile strength of the flexible membrane, a material of the flexible membrane, a material strength of the flexible membrane, a number of connection points between the flexible membrane and the greenhouse roof, a size of the opening, a number of edge portions of the drain segment, a position of the drain segment on the flexible membrane, a type of adhesive, an amount of adhesive, a position of the opening, and/or a density of water, cols. 7-9.
8. Scheidig teaches the apparatus of claim 1, Scheidig, fig. 3, further teaching the flexible membrane is a first flexible membrane, the apparatus further comprising a second flexible membrane 6 coupled to the greenhouse roof and disposed on the second surface of the first flexible membrane, the second flexible membrane configured to receive water passing through the opening of the first flexible membrane.
9. Scheidig teaches the apparatus of claim 8, Scheidig, fig. 3, further teaching the opening is a first opening, the drain segment is a first drain segment, and the threshold weight of water is a first threshold weight of water, and wherein the second drain segment includes at least one edge portion coupled to the second flexible membrane such that the second opening is sealed when the at least one edge portion of the second drain segment is coupled to the second flexible membrane, and wherein the at least one edge portion of the second drain segment is configured to decouple from the second flexible membrane based on the second threshold weight of water, cols. 7 and 8.
10. Scheidig teaches the apparatus of claim 9, Scheidig further teaching the first opening and the at least one edge portion of the first drain segment are positioned on the first flexible membrane based on an expected value of the first threshold weight of water, and wherein the second opening and the at least one edge portion of the second drain segment are positioned on the second flexible membrane based on an expected value of the second threshold weight of water, wherein the first and second threshold weights of water are different, see fig. 3a and 3b showing the different opening positions based on water weight.
12. Scheidig teaches a water relief apparatus comprising:
a flexible membrane 4, col. 7, lines 52-54, including:
an opening 22; and
a drain flap 26 including at least one edge portion (the right portion, fig. 2) coupled to the flexible membrane such that the opening is sealed when the at least one edge portion is coupled to the flexible membrane, wherein the at least one edge portion is configured to decouple from the flexible membrane based on a threshold weight of water on the flexible membrane, col. 5, lines 51-68.
13. Scheidig teaches the apparatus of claim 12, Scheidig further teaching at least an approximately watertight seal covering the opening is formed when the at least one edge portion is coupled to the flexible membrane, fig. 2a.
16. Scheidig teaches the apparatus of claim 12, Scheidig further teaching the drain segment is comprised of at least two edge portions (the left and right edges, fig. 2), wherein each of the edge portions is configured to form an at least approximately watertight seal covering a corresponding portion of the opening.
17. Scheidig teaches the apparatus of claim 12, Scheidig further teaching the opening and the at least one edge portion of the drain segment are positioned on the flexible membrane based on an expected value of the threshold weight of water, and wherein the threshold weight of water is based at least in part on one or more of: a geometry of the flexible membrane, a geometry of the opening, a tensile strength of the flexible membrane, a material of the flexible membrane, a material strength of the flexible membrane, a number of connection points between the flexible membrane and the greenhouse roof, a size of the opening, a number of edge portions of the drain segment, a position of the drain segment on the flexible membrane, a type of adhesive, an amount of adhesive, a position of the opening, and/or a density of water, cols. 7-9.
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 7 and 18-20 - are rejected under 35 U.S.C. 103 as being unpatentable over Scheidig.
7. Scheidig teaches the apparatus of claim 1, Scheidig further teaching the drain segment is configured to transmit light through the drain segment and the opening of the flexible membrane while the at least one edge portions are coupled to the flexible membrane, as the drain segment, which is part of the transparent roof system, col. 1, line 23-24, is also transparent or the system would not be transparent. Should Applicant disagree, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the drain segment to be configured to transmit light through the drain segment and the opening of the flexible membrane while the at least one edge portions are coupled to the flexible membrane for better light transmittance.
18. Scheidig teaches the apparatus of claim 12, Scheidig further teaching the drain segment is configured to transmit light through the drain flap and the opening of the flexible membrane while the at least one edge portions are coupled to the flexible membrane, as the drain segment, which is part of the transparent roof system, col. 1, line 23-24, is also transparent or the system would not be transparent. Should Applicant disagree, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the drain segment to be configured to transmit light through the drain segment and the opening of the flexible membrane while the at least one edge portions are coupled to the flexible membrane for better light transmittance.
19-20. The claims recite an obvious method of using the apparatus of claims 1 and 8-9.
Claims 3-4, and 14-15 - are rejected under 35 U.S.C. 103 as being unpatentable over Scheidig in view of Foster (2006/0150544).
3. Scheidig teaches the apparatus of claim 1, Scheidig further teaching the at least one edge portion is bonded to the flexible membrane via an attached coupling element (magnet) that bridges a seam between the at least one edge portion and the flexible membrane, wherein the bond between the at least one edge portion and the flexible membrane is released based on the threshold weight of water on the flexible membrane. Scheidig does not expressly teach the magnet adhesively attached. Foster teaches a magnet adhesively attached, para. 59. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the magnet to be adhesively attached for strength
4. Scheidig teaches the apparatus of claim 3, Scheidig further teaching a strength of the bond between the at least one edge portion and the flexible membrane is less than a material strength of the flexible membrane or the drain segment would not open.
14. Scheidig teaches the apparatus of claim 12, Scheidig further teaching the at least one edge portion is bonded to the flexible membrane via an attached coupling element (magnet) that bridges a seam between the at least one edge portion and the flexible membrane, wherein the bond between the at least one edge portion and the flexible membrane is released based on the threshold weight of water on the flexible membrane. Scheidig does not expressly teach the magnet adhesively attached. Foster teaches a magnet adhesively attached, para. 59. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the magnet to be adhesively attached for strength
15. Scheidig teaches the apparatus of claim 14, Scheidig further teaching a strength of the bond between the at least one edge portion and the flexible membrane is less than a material strength of the flexible membrane or the drain segment would not open.
Claim 11 – is rejected under 35 U.S.C. 103 as being unpatentable over Scheidig in view of Kock (5,799,445).
11. Scheidig does not expressly teach the area of the second drain segment is greater than the area of the first drain segment. Kock teaches an area of a second drain segment 34 is greater than an area of a first drain segment 38. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention for the area of the second drain segment to be greater than the area of the first drain segment because it drains more water.
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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