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 § 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.
Claims 1, 3-9, 13, 14, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stearns (US Pub. No. 2012/0233958 A1).
PNG
media_image1.png
396
690
media_image1.png
Greyscale
In regards to claim 1, Stearns teaches a mounting system comprising: a disc member (22, Fig. 1) including: a dome-shaped body (i.e.; conical dome 24) having an outer periphery, a flange (22A) disposed around the outer periphery of the dome-shaped body, and a conical projection (i.e.; forming 36, Fig. 2; Para. 0043) extending from the flange in a direction; and a flashing portion (16, 20) to receive the disc member, the flashing portion including: a planar body (16), and a conical projection (CP; see annotation above) extending from the planar body in the direction, the conical projection of the planar body to be disposed within the dome-shaped body (24) of the disc member.
In regards to claim 3, Stearns teaches the disc member (22) further includes an aperture (25) disposed through a center of the dome-shaped body (24); and the flashing portion further includes an aperture (29A) disposed through a top of the conical projection of the flashing portion, the aperture of the flashing portion to align with the aperture of the disc member when the flashing portion receives the disc member.
In regards to claim 4, Stearns teaches a fastener (34) to extend through the aperture of the disc member and the aperture of the flashing portion.
In regards to claim 5, Stearns teaches a conical wall (i.e.; the wall of 24) is disposed around the aperture (25) of the disc member; and the fastener (34) engages the conical wall.
In regards to claim 6, Stearns teaches the conical projection (CP) of the flashing portion further includes: a bottom periphery; and an annular base (i.e.; the flat portion of 20 in Fig. 2) disposed around the bottom periphery.
In regards to claim 7, Stearns teaches the conical projection (36) of the disc member receives an attachment device (28).
In regards to claim 8, Stearns teaches an apparatus comprising: a flashing including (16, 20): a base (16), a conical projection (CP; see annotation above) extending from the base, and an aperture (29A) disposed in the conical projection; and a disc member (22) including: a dome-shaped body (i.e.; conical dome 24) to be at least partially disposed over the conical projection of the flashing, a conical portion (i.e.; forming 36, Fig. 2; Para. 0043) at least partially adjoined to the dome-shaped body, and an aperture (25) disposed through the dome-shaped body, the aperture of the dome-shaped body aligning with the aperture disposed in the conical projection of the flashing.
In regards to claim 9, Stearns teaches the dome-shaped body (24) includes: a top, and a bottom; the aperture (25) of the dome-shaped body is disposed on the top; and the bottom of the dome-shaped body is disposed on the base of the flashing (16, 20).
In regards to claim 13, Stearns teaches the dome-shaped body further includes a conical wall (i.e.; the wall of 24) extending from the top of the dome-shaped body; and the conical wall surrounds the aperture (25) of the dome-shaped body.
In regards to claim 14, Stearns teaches an apparatus comprising: a flashing (16, 20) including: a planar body (16), a conical projection (CP; see annotation above) extending from the planar body in a direction, and an aperture (29A) centrally disposed in the conical projection; a body (22) to be disposed at least partially over the conical projection, the body including: an aperture (25), and a conical wall (24) extending from the body at least partially in the direction, the conical wall disposed around the aperture of the body; and a fastener (34) to extend through the aperture in the flashing and the aperture in the body.
In regards to claim 17, Stearns teaches the conical projection (CP) is spaced apart from a center of the planar body (16)(i.e.; membrane 16 extends across the roof; Para. 0033). It is understood the figures illustrate one attachment point of the entire roof surface, to which the member 16 extends across the substrate 14 on the roof deck 12.
In regards to claim 18, Stearns teaches the conical projection (CP) includes: a bottom periphery; and an annular base (i.e.; the flat portion of 20 in Fig. 2) disposed around the bottom periphery.
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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Stearns (US Pub. No. 2012/0233958 A1) in view of Tripp (US Pat. No. 4,744,187).
In regards to claim 10, Stearns teaches the dome-shaped body further includes a flange (22A). Stearns also teach the body can incudes ribs (Para. 0037).
Stearns does not teach the flange having a plurality of projections extending from a bottom of the flange; and individual projections of the plurality of projections are spaced apart along the bottom of the flange.
Tripp teaches a plurality of projections (20, Fig. 4) extending from a bottom of the flange; and individual projections of the plurality of projections are spaced apart along the bottom of the flange.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Stearns’s body to have the projections extending from a bottom of the flange; and individual projections of the plurality of projections are spaced apart along the bottom of the flange. The motivation would be for the purpose of providing stiffening as taught by both Stearns and Tripp (Para. 0037 of Stearns; Col 6, Lines 37-44 of Tripp).
In regards to claim 11, Stearns teaches the dome-shaped body includes: a flange (22A). Stearns also teach the body can incudes ribs (Para. 0037).
Stearns does not teach the plurality of ribs extending from the bottom, wherein the plurality of ribs extend radially from the aperture of the dome-shaped body to the flange.
Tripp teaches a plurality of ribs (20, Fig. 4) extending from a bottom of the flange; the plurality of ribs extend radially from the aperture (9) of the body to the flange (see Fig. 6).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Stearns’s body to have the plurality of ribs extending from the bottom, wherein the plurality of ribs extend radially from the aperture of the dome-shaped body to the flange. The motivation would be for the purpose of providing stiffening as taught by both Stearns and Tripp (Para. 0037 of Stearns; Col 6, Lines 37-44 of Tripp).
In regards to claim 12, Stearns does not teach the dome-shaped body further includes a rib that circumferentially extends around the bottom; and the rib circumscribes the aperture in the dome-shaped body.
Tripp teaches s body further including a rib (21) that circumferentially extends around the bottom; and the rib circumscribes an aperture (9) in the body.
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Stearns’s body to include a rib that circumferentially extends around the bottom; and the rib circumscribes the aperture in the dome-shaped body. The motivation would be for the purpose of providing threads for the fastener as taught by Tripp (see threads for 49 in Fig. 2 of Tripp), thus further securing the fastener.
Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Stearns (US Pub. No. 2012/0233958 A1) in view of Stearns et al. (US Pub. No. 2011/0120047 A1).
In regards to claim 19, Stearns teaches the fastener includes a washer (30). Stearns does not teach the washer is cone-shaped. Stearns et al. teaches a cone-shaped washer (21, Fig. 1A).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Stearns’s washer to be cone-shaped. The motivation would be for the purpose of using a spring washer or compression lock washer as taught by Stearns et al. (Para. 0109).
Claim 20 are rejected under 35 U.S.C. 103 as being unpatentable over Stearns (US Pub. No. 2012/0233958 A1).
In regards to claim 20, Stearns does not particularly teach the flashing (16, 20) is of stamped metal. However, Stearns teaches the flashing can be made of different materials (Para. 0042), and teaches the use of metal (Para. 0038).
It would be obvious to one of ordinary skill in the art before the effective filing date and with reasonable expectation of success to modify Stearns’s flashing to be of stamped metal. The motivation would be for the purpose of using alternative materials to polymeric material as taught by Stearns (Para. 0038, 0042). In addition, "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted). The product-by-process claim of “stamped metal” is not an unobvious product of Stearns flashing.
Allowable Subject Matter
Claims 2, 15 and 16 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or suggest modifying Stearns to include the structural limitations of Applicant’s claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for additional prior art related to the Applicant’s disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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, Jonathan Liu can be reached at (571)272-8227. 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.
/Stanton L Krycinski/Primary Examiner, Art Unit 3631
Prosecution Insights