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 .
Election/Restrictions
Applicant’s election of Group I claims 1 – 9, in the reply filed on June 5, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 10 – 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 5, 2025.
Claim Objections
Claims 2, 6, 8, and 9 are objected to because of the following informalities: The claims contain abbreviations that are not defined. These abbreviations need to be spelled out as there may be multiple definitions. For instance, UV may stand for ultraviolet or University of Virginia. Claim 2 also contains random capitalization that is not needed. Appropriate correction is required.
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.
Claims 2 and 9 are 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 phrase “the air/vapor barrier membrane is made of EPDM, TPO Polyethylene (PE) sheeting, Bituminous materials, or non-Bituminous sheets” in claim 2 is unclear, which renders the claim vague and definite. It is unclear from the claim language if TPO is different material from the polyethylene sheet.
The phrase “UV a absorber” in claim 9 is unclear, which renders the claim vague and definite. It is unclear from the claim language what the above terms mean.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, and 7 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wei et al. (USPGPub 2023/0140264 A1).
Wei et al. disclose a peel and stick temporary roofing membrane assembly (Figures; Abstract), comprising: an air/vapor barrier membrane (Figure 1, #2); an top adhesive layer on top of the air/vapor barrier membrane (Figure 1, #3); a top release layer on the top adhesive layer (Figure 1, #5); a bottom adhesive layer underneath the air/vapor barrier membrane (Figure 1, #4); and a bottom release layer underneath the bottom adhesive layer (Figure 1, #6) as in claim 1. With respect to claim 2, the air/vapor barrier membrane is made of EPDM or TPO (Paragraphs 0035 and 0041). Regarding claim 4, each of the top and bottom release layers are split into sections side-by-side one another (Paragraph 0153). Wei et al. further disclose a roofing assembly (Figures; Abstract) comprising: a peel and stick temporary roofing membrane assembly (Figures; Abstract) comprising: an air/vapor barrier membrane (Figure 1, #2); an top adhesive layer on top of the air/vapor barrier membrane (Figure 1, #3); a top release layer on the top adhesive layer (Figure 1, #5); a bottom adhesive layer underneath the air/vapor barrier membrane (Figure 1, #4), and a bottom release layer underneath the bottom adhesive layer (Figure 1, #6); an insulation board secured to the top adhesive layer after the top release layer has been removed (Paragraphs 0186 – 0192); and a roofing membrane secured on top of the insulation board (Paragraphs 0186 – 0192; Figure 3) as in claim 7.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (USPGPub 2023/0140264 A1) in view of Martin (EP 0 317 337 A).
Wei et al. disclose a peel and stick temporary roofing membrane assembly (Figures; Abstract), comprising: an air/vapor barrier membrane (Figure 1, #2); an top adhesive layer on top of the air/vapor barrier membrane (Figure 1, #3); a top release layer on the top adhesive layer (Figure 1, #5); a bottom adhesive layer underneath the air/vapor barrier membrane (Figure 1, #4); and a bottom release layer underneath the bottom adhesive layer (Figure 1, #6). However, Wei et al. fail to disclose the top of the air/vapor barrier membrane is darker than the bottom of the air/vapor barrier membrane.
Martin teaches a roofing membrane assembly (Figures; Abstract), wherein the top of the air/vapor barrier membrane is darker than the bottom of the air/vapor barrier membrane (Page 2, lines 26 – 30; Page 3, lines 21 – 24) for the purpose of effecting the temperature of the substrate (Page 2, lines 47 – 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a colored air/vapor barrier in Wei et al. in order to effect the temperature of the substrate as taught by Martin.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (USPGPub 2023/0140264 A1) in view of Hubbard et al. (WO 2007/024787 A2).
Wei et al. disclose a peel and stick temporary roofing membrane assembly (Figures; Abstract), comprising: an air/vapor barrier membrane (Figure 1, #2); an top adhesive layer on top of the air/vapor barrier membrane (Figure 1, #3); a top release layer on the top adhesive layer (Figure 1, #5); a bottom adhesive layer underneath the air/vapor barrier membrane (Figure 1, #4); and a bottom release layer underneath the bottom adhesive layer (Figure 1, #6). Each of the top and bottom release layers are split into sections side-by-side one another (Paragraph 0153). However, Wei et al. fail to disclose edges of the side-by-side sections overlap one another.
Hubbard et al. teach a roofing membrane assembly (Page 15, lines 10 – 16) having a release layer where edges of the side-by-side sections overlap one another (Figure 1, #30 and 32; Page 10, line 13 to Page 11, line 10) for the purpose of controlling the application of the assembly to a surface (Page 10, line 13 to Page 11, line 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a release layer where edges of the side-by-side sections overlap one another in Wei et al. in order to control the application of the assembly to a surface as taught by Hubbard et al.
Claims 6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (USPGPub 2023/0140264 A1) in view of Engelhard (USPGPub 2013/0316113 A1).
Wei et al. further disclose a roofing assembly (Figures; Abstract) comprising: a peel and stick temporary roofing membrane assembly (Figures; Abstract) comprising: an air/vapor barrier membrane (Figure 1, #2); an top adhesive layer on top of the air/vapor barrier membrane (Figure 1, #3); a top release layer on the top adhesive layer (Figure 1, #5); a bottom adhesive layer underneath the air/vapor barrier membrane (Figure 1, #4), and a bottom release layer underneath the bottom adhesive layer (Figure 1, #6); an insulation board secured to the top adhesive layer after the top release layer has been removed (Paragraphs 0186 – 0192); and a roofing membrane secured on top of the insulation board (Paragraphs 0186 – 0192; Figure 3). However, Wei et al. fail to disclose the top release layer comprises a UV stable material, and the UV stable material is an antioxidant, UV a absorber, a light stabilizer additive, or a light effective pigment.
Engelhard teaches a release layer (Abstract) comprising a UV stable material, and the UV stable material is an antioxidant, UV absorber, a light stabilizer additive, or a light effective pigment (Paragraph 0055) for the purpose of giving the release liner the desired properties (Paragraph 0055).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the UV stable material is an antioxidant, UV absorber, a light stabilizer additive, or a light effective pigment in Wei et al. in order to give the release liner the desired properties as taught by Engelhard.
Conclusion
The prior art made of record on the PTO-892 and not relied upon is considered pertinent to applicant's disclosure. The prior art is cited to show the state of the art with regard to assemblies containing barrier materials with adhesive on two sides.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patricia L Nordmeyer whose telephone number is (571)272-1496. The examiner can normally be reached 10am - 6:30pm EST, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patricia L. Nordmeyer/
Primary Examiner
Art Unit 1788
/pln/Primary Examiner, Art Unit 1788 June 10, 2026
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