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 .
DETAILED ACTION
This is a non-final First Office Action on the Merits in application 19/189,674, filed 4/25/2025, which is a continuing application as disclosed.
Claims 1-18 are pending and examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/24/2025 is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because it is too long. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
In claim 15, line 3, “the third shingle row” has no antecedent basis.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,305,395. Although the claims at issue are not identical, they are not patentably distinct from each other because
Application 12,305,395
1. A roofing system, comprising: a roof deck, a bundle of roofing shingles, wherein the roofing shingles are configured to be installed on the sloped roof deck, comprising: a plurality of layers of roofing shingles, wherein the plurality of layers of roofing shingles comprises at least a first shingle layer, a second shingle layer, a third shingle layer, and a fourth shingle layer, wherein the first shingle layer includes a first roofing shingle, wherein the first roofing shingle has a first length, wherein the second shingle layer directly contacts the first shingle layer and includes a second roofing shingle and a third roofing shingle, wherein the second roofing shingle has a second length, wherein the third roofing shingle has a third length, wherein the second length is less than the third length, wherein a sum of the second length and the third length is substantially equal to the first length, wherein the third shingle layer directly contacts the second shingle layer and includes a fourth roofing shingle and a fifth roofing shingle, wherein the fourth roofing shingle has a fourth length, wherein the fifth roofing shingle has a fifth length, wherein the fourth length is less than the fifth length, wherein a sum of the fourth length and the fifth length is substantially equal to the first length, wherein the fourth shingle layer directly contacts the third shingle layer and includes a sixth roofing shingle and a seventh roofing shingle, wherein the sixth roofing shingle has a sixth length, wherein the seventh roofing shingle has a seventh length, wherein the sixth length is less than the seventh length, wherein a sum of the sixth length and the seventh length is substantially equal to the first length, and wherein the bundle of roofing shingles are configured, when installed on the roof deck, to be installed in the same order as in the bundle.
1. A bundle of roofing shingles, comprising: a plurality of layers of roofing shingles, wherein the plurality of layers of roofing shingles comprises at least a first shingle layer, a second shingle layer, a third shingle layer, and a fourth shingle layer, wherein the first shingle layer includes a first roofing shingle, wherein the first roofing shingle has a first length, wherein the second shingle layer directly contacts the first shingle layer and includes a second roofing shingle and a third roofing shingle, wherein the second roofing shingle has a second length, wherein the third roofing shingle has a third length, wherein the second length is less than the third length, wherein a sum of the second length and the third length is substantially equal to the first length, wherein the third shingle layer directly contacts the second shingle layer and includes a fourth roofing shingle and a fifth roofing shingle, wherein the fourth roofing shingle has a fourth length, wherein the fifth roofing shingle has a fifth length, wherein the fourth length is less than the fifth length, wherein a sum of the fourth length and the fifth length is substantially equal to the first length, wherein the fourth shingle layer directly contacts the third shingle layer and includes a sixth roofing shingle and a seventh roofing shingle, wherein the sixth roofing shingle has a sixth length, wherein the seventh roofing shingle has a seventh length, wherein the sixth length is less than the seventh length, wherein a sum of the sixth length and the seventh length is substantially equal to the first length, wherein each of the first length, the second length, the third length, the fourth length, the fifth length, and the sixth length is different from one another and wherein the first, second, third and fourth shingle layers are configured, when installed on a roof, to be installed in the same order as in the bundle.
The bundles are used with a roof deck and capable of being used on a sloped roof deck. Shingles are well known to be used on sloped roof decks. Therefore, the specific roof deck is considered a feature best determined by a skilled artisan.
2. The bundle of roofing shingles of claim 1, wherein the second length is about 13% to about 17% of the first length, wherein the third length is about 83% to about 87% of the first length.
2. The bundle of roofing shingles of claim 1, wherein the second length is about 13% to about 17% of the first length, wherein the third length is about 83% to about 87% of the first length.
3. The bundle of roofing shingles of claim 1, wherein the fourth length is about 26% to about 30% of the first length, wherein the fifth length is about 70% to about 74% of the first length.
3. The bundle of roofing shingles of claim 1, wherein the fourth length is about 26% to about 30% of the first length, wherein the fifth length is about 70% to about 74% of the first length.
4. The roofing system of claim 1, wherein the sixth length is about 41% to about 45% of the first length, wherein the seventh length is about 55% to about 59% of the first length.
4. The roofing system of claim 1, wherein the sixth length is about 41% to about 45% of the first length, wherein the seventh length is about 55% to about 59% of the first length.
5. The of claim 1, wherein the second shingle layer is between the first shingle layer and the third shingle layer, wherein the third shingle layer is between the second shingle layer and the fourth shingle layer.
5. The of claim 1, wherein the second shingle layer is between the first shingle layer and the third shingle layer, wherein the third shingle layer is between the second shingle layer and the fourth shingle layer.
6. The roofing system of claim 5, wherein the first shingle layer is an uppermost shingle layer of the bundle.
6. The roofing system of claim 5, wherein the first shingle layer is an uppermost shingle layer of the bundle.
7. The roofing system of claim 5, wherein the first shingle layer is a lowermost shingle layer of the bundle.
7. The roofing system of claim 5, wherein the first shingle layer is a lowermost shingle layer of the bundle.
8. A roofing system, comprising: a sloped roof deck, a bundle of roofing shingles, wherein the roofing shingles are configured to be installed on the sloped roof deck, comprising: a plurality of layers of roofing shingles, wherein the plurality of layers of roofing shingles comprises at least a first shingle layer, a second shingle layer, a third shingle layer, and a fourth shingle layer, wherein the first shingle layer includes a first roofing shingle, wherein the first roofing shingle has a first length, wherein the second shingle layer directly contacts the first shingle layer and includes a second roofing shingle and a third roofing shingle, wherein the second roofing shingle has a second length, wherein the second length is about 28% to about 32% of the first length, wherein the third roofing shingle has a third length, wherein the third length is about 68% to about 72% of the first length, wherein a sum of the second length and the third length is substantially equal to the first length, wherein the third shingle layer directly contacts the second shingle layer and includes a fourth roofing shingle, wherein the fourth roofing shingle has a length substantially equal to the first length, wherein the fourth shingle layer directly contacts the third shingle layer and includes a fifth roofing shingle and a sixth roofing shingle, wherein the fifth roofing shingle has a length substantially equal to the second length, wherein the sixth roofing shingle has a length substantially equal to the third length and wherein the first, second, third and fourth layers are configured, when installed on a roof, to be installed in the same order as in the bundle.
8. A bundle of roofing shingles, comprising: a plurality of layers of roofing shingles, wherein the plurality of layers of roofing shingles comprises at least a first shingle layer, a second shingle layer, a third shingle layer, and a fourth shingle layer, wherein the first shingle layer includes a first roofing shingle, wherein the first roofing shingle has a first length, wherein the second shingle layer directly contacts the first shingle layer and includes a second roofing shingle and a third roofing shingle, wherein the second roofing shingle has a second length, wherein the second length is about 28% to about 32% of the first length, wherein the third roofing shingle has a third length, wherein the third length is about 68% to about 72% of the first length, wherein a sum of the second length and the third length is substantially equal to the first length, wherein the third shingle layer directly contacts the second shingle layer and includes a fourth roofing shingle, wherein the fourth roofing shingle has a length substantially equal to the first length, wherein the fourth shingle layer directly contacts the third shingle layer and includes a fifth roofing shingle and a sixth roofing shingle, wherein the fifth roofing shingle has a length substantially equal to the second length, wherein the sixth roofing shingle has a length substantially equal to the third length and wherein the first, second, third and fourth layers are configured, when installed on a roof, to be installed in the same order as in the bundle.
The bundles are used with a roof deck and capable of being used on a sloped roof deck. Shingles are well known to be used on sloped roof decks. Therefore, the specific roof deck is considered a feature best determined by a skilled artisan.
9. The roofing system of claim 8, wherein the first shingle layer is a lowermost shingle layer of the bundle.
9. The roofing system of claim 8, wherein the first shingle layer is a lowermost shingle layer of the bundle.
10. The roofing system of claim 8, wherein the second shingle layer is between the first shingle layer and the third shingle layer, wherein the third shingle layer is between the second shingle layer and the fourth shingle layer.
Claim 8 sets forth the direct contact of the shingles resulting in the specific layer orientations.
11. The roofing system of claim 8, wherein the first shingle layer is an uppermost shingle layer of the bundle.
The first shingle layer being the uppermost or lowermost is best determined by a skilled artisan given the intended use of the shingles and design requirements thereof. Also, the order of the shingles is determined by the person who opens the bundle from the top side or bottom side resulting in a lowermost or uppermost shingle layer exposed to the user first.
12. A method, comprising: obtaining a bundle of roofing shingles, the bundle of roofing shingles comprising: a plurality of layers of roofing shingles, wherein the plurality of layers of roofing shingles comprises at least a first shingle layer, a second shingle layer, a third shingle layer, and a fourth shingle layer, wherein the first shingle layer includes a first roofing shingle, wherein the first roofing shingle has a first length, wherein the second shingle layer directly contacts the first shingle layer and includes a second roofing shingle and a third roofing shingle, wherein the second roofing shingle has a second length, wherein the third roofing shingle has a third length, wherein the second length is less than the third length, wherein a sum of the second length and the third length is substantially equal to the first length, wherein the third shingle layer directly contacts the second shingle layer and includes a fourth roofing shingle and a fifth roofing shingle, wherein the fourth roofing shingle has a fourth length, wherein the fifth roofing shingle has a fifth length, wherein the fourth length is less than the fifth length, wherein a sum of the fourth length and the fifth length is substantially equal to the first length, wherein the fourth shingle layer directly contacts the third shingle layer and includes a sixth roofing shingle and a seventh roofing shingle, wherein the sixth roofing shingle has a sixth length, wherein the seventh roofing shingle has a seventh length, wherein the sixth length is less than the seventh length, wherein a sum of the sixth length and the seventh length is substantially equal to the first length, and installing the shingles on a slope roof deck in the same order as in the bundle.
10. A method, comprising: obtaining a bundle of roofing shingles, the bundle of roofing shingles comprising: a plurality of layers of roofing shingles, wherein the plurality of layers of roofing shingles comprises at least a first shingle layer, a second shingle layer, a third shingle layer, and a fourth shingle layer, wherein the first shingle layer includes a first roofing shingle, wherein the first roofing shingle has a first length, wherein the second shingle layer directly contacts the first shingle layer and includes a second roofing shingle and a third roofing shingle, wherein the second roofing shingle has a second length, wherein the third roofing shingle has a third length, wherein a sum of the second length and the third length is substantially equal to the first length, wherein the third shingle layer directly contacts the second shingle layer and includes a fourth roofing shingle and a fifth roofing shingle, wherein the fourth roofing shingle has a fourth length, wherein the fifth roofing shingle has a fifth length, wherein a sum of the fourth length and the fifth length is substantially equal to the first length, wherein the fourth shingle layer directly contacts the third shingle layer and includes a sixth roofing shingle and a seventh roofing shingle, wherein the sixth roofing shingle has a sixth length, wherein the seventh roofing shingle has a seventh length, wherein a sum of the sixth length and the seventh length is substantially equal to the first length, wherein each of the first length, the second length, the third length, the fourth length, the fifth length, and the sixth length is different from one another; and installing the first roofing shingle, the third roofing shingle, the fifth roofing shingle, and the seventh roofing shingle on a roof deck in the same order as in the bundle.
The bundles are used with a roof deck and capable of being used on a sloped roof deck. Shingles are well known to be used on sloped roof decks. Therefore, the specific roof deck is considered a feature best determined by a skilled artisan.
See claim 1 setting forth the system claim with the limitations of the method claim with the differing shingle lengths.
13. The method of claim 12, wherein the installing comprises: installing the first roofing shingle in a first shingle row on the roof deck, and installing the third roofing shingle in a second shingle row on the roof deck, wherein the second shingle row is above the first shingle row on the slope roof deck.
11. The method of claim 10, wherein the installing comprises: installing the first roofing shingle in a first shingle row on the roof deck, and installing the third roofing shingle in a second shingle row on the roof deck, wherein the second shingle row is above the first shingle row on the slope roof deck.
14. The method of claim 12, wherein the installing further comprises: installing the fifth roofing shingle in a third shingle row on the roof deck, wherein the third shingle row is above the second shingle row on the slope roof deck.
12. The method of claim 10, wherein the installing further comprises: installing the fifth roofing shingle in a third shingle row on the roof deck, wherein the third shingle row is above the second shingle row on the slope roof deck.
15. The method of claim 12, wherein the installing further comprises: installing the seventh roofing shingle in a fourth shingle row on the roof deck, wherein the fourth shingle row is above the third shingle row on the slope roof deck.
13. The method of claim 11, wherein the installing further comprises: installing the seventh roofing shingle in a fourth shingle row on the roof deck, wherein the fourth shingle row is above the third shingle row on the slope roof deck. The specific shingle row placement is considered a feature best determined by a skilled artisan.
16. The method of claim 12, wherein the second roofing shingle, the fourth roofing shingle, and the sixth roofing shingle are not installed on the slope roof deck.
14. The method of claim 12, wherein the second roofing shingle, the fourth roofing shingle, and the sixth roofing shingle are not installed on the slope roof deck.
17. The method of claim 12, wherein the installing comprises: installing the first roofing shingle in a first shingle row on the slope roof deck, installing the second roofing shingle in a second shingle row on the slope roof deck, wherein the second shingle row is above the first shingle row on the slope roof deck, and installing the third roofing shingle in a third shingle row on the slope roof deck, wherein the third shingle row is above the second shingle row on the slope roof deck.
15. The method of claim 13, wherein the installing comprises: installing the first roofing shingle in a first shingle row on the slope roof deck, installing the second roofing shingle in a second shingle row on the slope roof deck, wherein the second shingle row is above the first shingle row on the slope roof deck, and installing the third roofing shingle in a third shingle row on the slope roof deck, wherein the third shingle row is above the second shingle row on the slope roof deck.
18. The method of claim 16, wherein the installing further comprises: installing the fourth roofing shingle in the second shingle row adjacent to the second roofing shingle, installing the fifth roofing shingle in the third shingle row adjacent to the third roofing shingle, and installing the sixth roofing shingle in a fourth shingle row on the roof deck, wherein the fourth shingle row is above the third shingle row on the roof deck.
16. The method of claim 14, wherein the installing further comprises: installing the fourth roofing shingle in the second shingle row adjacent to the second roofing shingle, installing the fifth roofing shingle in the third shingle row adjacent to the third roofing shingle, and installing the sixth roofing shingle in a fourth shingle row on the roof deck, wherein the fourth shingle row is above the third shingle row on the roof deck.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETH A. AUBREY whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/
Prosecution Insights