Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 1, 2025 has been entered.
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) 1-18, 20-22, 28-30 and 32-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub No. 20200399904 to Vido in view of USPN. 6,610,382 to Kobe.
Regarding Claims 1-19, 20-22, 28-30 and 32-35
Vido teaches a roofing underlayment comprising a reinforcement having a first reinforcement surface and a second reinforcement surface such as a glass matt and a first coating on the first reinforcement surface of thermoplastic material such as polyethylene at a basis weight of between 10 and 120 grams per square meter, which overlaps the claimed range of between 50 and 195 grams per square meter (Id., abstract, paragraph [0016], [0029], [0022]). Vido teaches that the composite may comprise a second coating and or an adhesive coating and optional release liner on the second reinforcement surface, an asphalt adhesive coating would necessarily at least partially impregnate the nonwoven reinforcement layer (Id., paragraph [0036], [0044]).
Kobe teaches a friction control article for wet and dry applications such as for non-slip walking surfaces, deck surfaces, sheet structures, wraps, etc., comprising a coating layer of thermoplastic material such as polypropylene and polyethylene and a plurality of gripping structure formed in the coating (Kobe, abstract, column 1, lines 46-67, column 14, lines 19-67, column 16, lines 39-67, fig. 1). Kobe teaches that the gripping structures are included in a density of more than 54 stems per square centimeter which overlaps the claimed between 50 and 1,000 structures per square centimeter (Id., column 2, lines 4-18). Kobe teaches the stems have a height between 254 and 1,270 micrometers which overlaps the claimed range between 250 and 400 micrometers, a cross-sectional dimension between 76 and 760 micrometers which overlaps the claimed range of between 350 and 550 micrometers, a distance between adjacent gripping structure stems of between 254 micrometers and 2,540 micrometers which overlaps the claimed pitch of between 600 and 1,200 micrometers, and an aspect ratio of greater than 1.25:1 which overlaps the claimed range of between 0.3:1 and 1.5:1 (Id., column 9, lines 10-41). Kobe teaches a contact area less than 45% which overlaps the claimed range of between 1 and 50% (Id., column 7, line 61- column 8, line 25). Kobe teaches the inclusion of a plurality of secondary gripping structures on the surface of the gripping structures which appear to be within 15% of an average height of the plurality of gripping structures (Id., fig. 2). Kobe teaches a thickness of approximately 254 micrometers which is within the claimed range of between 100 and 1,000 micrometers (Id., example 2). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to form the composite of Vido and to utilize as the coating layer, a coating comprising gripping elements of Kobe, motivated by the desire to form a conventional composite comprising improved gripping properties to increase safety and convenience (Id.).
Regarding the retention rate, coefficient of friction in dry conditions, wet conditions and sawdust conditions, and the shore D hardness of the gripping elements, although the prior art does not disclose the hardness and coefficient of friction, the claimed properties are deemed to naturally flow from the structure in the prior art since the prior art combination teaches an invention with a substantially similar structure and chemical composition as the claimed invention. Products of identical structure and composition cannot have mutually exclusive properties. The burden is on the Applicants to prove otherwise.
Regarding Claim 22
Regarding the length and width of the underlayment, these dimensions would be design choices based on the intended specific application and packaging/transport requirements. Alternatively, it should be noted that the length and width of the underlayment are result effective variables. As the dimensional size increases, the material covers a greater surface area at the expense of bulk and weight. Absent unexpected results, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to optimize the length and width since it has been held that where 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, 220 F.2d 454, 105 USPQ 233 (CCPA 1955). In the present invention one would have been motivated to optimize the length and width in order to balance both surface area coverage and ease of transport, storage and handling due to weight and bulk.
Response to Arguments
Applicant’s arguments 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.
Conclusion
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/VINCENT TATESURE/Primary Examiner, Art Unit 1786