8,739,495 nf rejection all 1-52 claims 1-20-2016

Office Action in Ex Parte Reexamination

Control No. 90/013,395

Examiner JEFFREY L. GELLNER

Patent Under Reexamination 8,739,495 81 E

Art Unit

3993

AIA (First Inventor to File) Status No

-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -

a. [8J Responsive to the communication(s) filed on 11 September 2015.

D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .

b. D This action is made FINAL.

c. D A statement under 37 CFR 1.530 has not been received from the patent owner.

A shortened statutory period for response to this action is set to expire 1 month(s) from the mailing date of this letter. Failure to respond within the period for response will result in termination of the proceeding and issuance of an ex parte reexamination certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c). If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days will be considered timely.

Part I THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:

1.

2.

D Notice of References Cited by Examiner, PT0-892.

[8J Information Disclosure Statement, PTO/SB/08.

3.

4.

D Interview Summary, PT0-474.

D Part II SUMMARY OF ACTION

1 a. [8J Claims 1-52 are subject to reexamination.

1 b. D Claims __ are not subject to reexamination.

2. D Claims __ have been canceled in the present reexamination proceeding.

3. D Claims __ are patentable and/or confirmed.

4. [8J Claims 1-52 are rejected.

5. D Claims __ are objected to.

6. D The drawings, filed on __ are acceptable.

7. D The proposed drawing correction, filed on __ has been (7a) D approved (7b) D disapproved.

8. D Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).

a) D All b) D Some* c) D None of the certified copies have

1 D been received.

2 D not been received.

3 D been filed in Application No. __ .

4 D been filed in reexamination Control No. __

5 D been received by the International Bureau in PCT application No. __ .

* See the attached detailed Office action for a list of the certified copies not received.

9. D Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C. D. 11, 453 O.G. 213.

1 0. D Other: __

cc: Requester (if third party requester) U.S. Patent and Trademark Office

PTOL-466 (Rev. 08·13) Office Action in Ex Parte Reexamination Part of Paper No. 20151231

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Application/Control Number: 90/013,395

Art Unit: 3993

The present application is being examined under the pre-AIA first to invent provisions.

Detailed Action

A substantial new question (SNQ) of patentability affecting claims 1-37 of US 8,739,495

Bl ("Witherspoon") is raised by the present request for ex parte reexamination. Claims 38-52

were added by Patent Owner in the amendment received 22 June 2015. Claims 1-52 are the

subject of this office action.

Claim Rejections - 35 USC § 103

The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all

obviousness rejections set forth in this Office action:

(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.

Claims 1, 2, 4, 9-24, 25-28, 30, 33, 35, 36, 38-43, 45-47, 48-50, and 51 are rejected under pre-

AIA 35 U.S.C. 103(a) as being unpatentable over Baerveldt '695 (US 5,935,695; 18th patent on

an IDS of 27 August; "Baerveldt '695") in view of Illger et al. (US 4,288,559; 3rd patent on an

IDS received 27 August 2015; "Illger").

As to claim 1, Baerveldt '695 discloses a fire and water resistant expansion joint system

(Figs. 1-4 ), comprising:

foam in a compressed state which is less than fully expanded (2 of Figs. 1-4; from

"compressed state" of col. 3, lines 13-33); and

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Art Unit: 3993

a water resistant layer ( 4 of Figs. 2-4 ); wherein the fire and water resistant expansion

joint system is configured to define a profile to facilitate compression and expansion of the

system when installed between substrates (col. 3, lines 13-33);

the system able to accommodate movement of the substrates by compressing and

expanding while maintaining the compressed state (from Baerveldt '695 at col. 3, lines 13-33).

Not disclosed is a fire retardant material infused into the foam and the fire and water

resistant expansion joint system is capable of withstanding exposure to a temperature of about

540°C or greater for about five minutes.

Illger, however, discloses infusing polyurethane foam with a fire retardant, aluminium

hydroxide, at a ratio (retardant:foam) of0.1:1to8:1("from10 to 800%" of col. 2, lines 25-33).

Illger' s infused foam would meet the claimed temperature requirement since the retardant is

aluminium hydroxide (col. 2, lines 25-33, considered Al(OH)3) the same as aluminum tri-hydrate

that is used in the claimed invention (col. 2, lines 25-33)).

It would have been obvious to one of ordinary skill in the art at the time of the invention

to modify the system of Baerveldt '695 by adding the fire retardant of Illger to the foam so as to

use a foam with excellent fire retardant properties (from abstract of Illger) when required; or, in

the alternative to substitute Baerveldt '695's foam with the foam oflllger so as to use a foam

with desirable mechanical and excellent fire retardant properties (from abstract of Illger) when

required. The system of Baerveldt '695 and Illger would be capable of withstanding a

temperature of 540°C or greater for about five minutes. In other words, because the modified

system of Baerveldt '695 in view of Illger has the same foam and the same fire retardants, it

would have the same properties and be capable of same performance.


Art Unit: 3993

As to claim 2, Baerveldt '695 and Illger further disclose the water resistant layer is

disposed on a surface of the foam (Figs. 2-4 of Baerveldt '695).

As to claim 4, Baerveldt '695 and Illger further disclose the water resistant layer

comprises silicone (Baerveldt '695 at col. 3, line 47-64).

As to claim 9, Baerveldt '695 and Illger further disclose the fire retardant material

infused in a range of about 3.5: 1 to about 4: 1 by weight ("from 10 to 800%" of col. 2, lines 25-

33 of Illger).

As to claim 10, Baerveldt '695 and Illger further disclose an infused foam density of 10

to 100 kg/m3 (Illger at col. 2, lines 25-33). It would have been obvious to one of ordinary skill in

the art at the time of the invention to further modify the system of Baerveldt '695 and Illger by

having the compressed foam a density of 200 kg/m3 to 700 kg/m3 depending upon use of the

system.



the art at the time of the invention to further modify the system ofBaerveldt '695 and Illger by


system.

As to claim 12, Baerveldt '695 and Illger further disclose the foam comprises open celled

polyurethane foam (Baerveldt '695 at col. 2, lines 41-51).

As to claim 13, Baerveldt '695 and Illger further disclose a plurality of laminations (Fig.

4 of Baerveldt '695).


Art Unit: 3993



the art at the time of the invention to further modify the system of Baerveldt '695 and Illger by


system.

As to claim 15, Baerveldt '695 and Illger further disclose the infused fire retardant

material being aluminum tri-hydrate (Illger at col. 2, lines 25-33, in that aluminium hydroxide

(considered Al(OH)3) is the same as aluminum tri-hydrate that is used in the claimed invention

(col. 2, lines 25-33)).

As to claim 16, Baerveldt '695 and Illger further disclose wherein the foam comprises a

plurality of laminations (from Fig. 4 of Baerveldt '695).

As to claim 17, Baerveldt '695 and Illger further disclose a plurality of laminations (Fig.

4 of Baerveldt '695).

As to claim 18, Baerveldt '695 and Illger further disclose wherein the laminations are

oriented, in at least one of a parallel orientation, a perpendicular orientation, and a combination

thereof (Fig. 4 of Baerveldt '695).

As to claim 19, Baerveldt '695 and Illger disclose having the fire retardant material

infused into the foam has a density which is substantially the same throughout the foam (Illger at

col. 2, lines 25-33).

As to claim 20, Baerveldt '695 and Illger further disclose the infused fire retardant

material being aluminum tri-hydrate (Illger at col. 2, lines 25-33, in that aluminium hydroxide


Art Unit: 3993

(considered Al(OH)3) the same as aluminum tri-hydrate that is used in the claimed invention

(col. 2, lines 25-33)).

As to claim 21, Baerveldt '695 and Illger further disclose the system capable of

withstanding exposure to a temperature of about 930°C for about one hour (Illger's or Baerveldt

'695's infused foam would meet the claimed temperature requirement since the retardant is

aluminium hydroxide (considered Al(OHh) the same as aluminum tri-hydrate that is used in the

claimed invention).


withstanding exposure to a temperature of about 1010°C for about two hours (Illger's or

Baerveldt '695's infused foam would meet the claimed temperature requirement since the

retardant is aluminium hydroxide (considered Al(OHh) the same as aluminum tri-hydrate that is

used in the claimed invention).


withstanding exposure to a temperature of about 1260°C for about eight hours (Illger's or






33 of Illger).


Art Unit: 3993

As to claim 25, Baerveldt '695 discloses a fire and water resistant architectural expansion

joint system (Figs. 1-4 ), comprising:

a first substrate (J of Figs. 1-4);

a second substrate arranged at least substantially coplanar to the first substrate (J of Figs.

1-4); and

an expansion joint (Figs. 1-4) located in compression between the first substrate and the

second substrate (implied from para. [0013], [0014]), the expansion joint comprising,


"compressed state" of col. 3, lines 13-33);

a water resistant layer ( 4 of Figs. 2-4 ); and,

the system able to accommodate movement of the substrates by compressing and


Not disclosed is a fire retardant material infused into the foam; wherein the fire and water

resistant expansion joint system is configured to define a profile to facilitate compression and

expansion of the system when installed between substrates, and the fire and water resistant

expansion joint system is capable of withstanding exposure to a temperature of about 540°C or

greater for about five minutes.







Art Unit: 3993




the alternative to substitute Baerveldt '695's foam with the foam of Illger so as to use a foam








33 of Illger).





system.

As to claim 28, Baerveldt as modified by Illger further disclose the water resistant layer is

disposed on a surface of the foam (Figs. 3 and 4 of Baerveldt '695).

As to claim 30, Baerveldt '695 and Illger further disclose the water resistant layer

comprises silicone (Baerveldt '695 at col. 3, line 47-64).


Art Unit: 3993

As to claim 33, Baerveldt '695 discloses a method of installing an expansion joint (from

col. 3, lines 13-33), comprising:

locating a first substrate (J of Figs. 1-4; from col. 3, lines 13-33);

locating a second substrate arranged to be at least substantially coplanar with the first

substrate and being spaced therefrom by a gap (J of Figs. 1-4; from col. 3, lines 13-33);

providing a compressed water resistant expansion joint system (from col. 3, lines 13-33;

2 of Figs. 1-4; from "compressed state" of col. 3, lines 13-33) comprising a foam in a

compressed state which is less than fully expanded (from col. 3, lines 13-33; 2 of Figs. 1-4; from

"compressed state" of col. 3, lines 13-33), and having a water resistant layer thereon (from col. 3,

lines 13-33; 4 of Figs. 2-4);

inserting the compressed expansion joint system into the gap between the first substrate

and the second substrate (from col. 3, lines 13-33; Figs. 1-4);

allowing the compressed expansion joint system to decompress to fill the gap between

the first substrate and the second substrate (from col. 3, lines 13-33; Figs. 1-4), and,

the method would be able to accommodate movement of the substrates by compressing

and expanding while maintaining the compressed state (from Baerveldt '695 at col. 3, lines 13-

33).

Not disclosed is a fire retardant infused in the foam and wherein the expansion joint

system is capable of withstanding exposure to a temperature of about 540°C or greater for about

five minutes.




Art Unit: 3993





to modify the method ofBaerveldt '695 by adding the fire retardant oflllger to the foam so as to




required. The system produced by the method ofBaerveldt '695 and Illger would be capable of

withstanding a temperature of 540°C or greater or about five minutes. In other words, because

the modified system/method ofBaerveldt '695 in view oflllger has the same foam and the same

fire retardants, it would have the same properties and be capable of same performance.



33 of Illger).





system.


Art Unit: 3993



foam in a compressed state which is less than fully expanded ((2 of Figs. 1-4; from

"compressed state" of col. 3, lines 13-33);

a water resistant layer ( 4 of Figs. 2-4 ); wherein the system is configured to be installed in

a gap between substrates (Figs. 1-4) and configured to define a profile to facilitate compression

and expansion during use to accommodate movement of the substrates repeatedly cycles by

expanding between minimum and maximum sizes in the gap (from col. 3, lines 13-33).

Not disclosed is a fire retardant material infused into the foam and configured to maintain

fire resistant upon exposure to a temperature of about 540°C or greater for about five minutes.














Art Unit: 3993



As to claims 39 and 41, Baerveldt '695 and Illger further disclose an infused foam

density of 10 to 100 kg/m3 (Illger at col. 2, lines 25-33). It would have been obvious to one of

ordinary skill in the art at the time of the invention to further modify the system of Baerveldt and

Illger by having the compressed foam a density of 200 kg/m3 to 700 kg/m3 or 400 kg/m3 to 450

kg/m3 depending upon use of the system.



the art at the time of the invention to further modify the system of Baerveldt and Illger by having

the uncompressed foam a density of 130 kg/m3 to 150 kg/m3 depending upon use of the system.





claimed invention).




retardant is aluminium hydroxide (considered Al(OH)3) the same as aluminum tri-hydrate that is



Art Unit: 3993

As to claim 45, Baerveldt '695 discloses a method of installing an expansion joint (from

col. 3, lines 13-33), comprising:

locating a first substrate (J of Figs. 1-4; from col. 3, lines 13-33);

locating a second substrate arranged to be at least substantially coplanar with the first

substrate and being spaced therefrom by a gap (J of Figs. 1-4; from col. 3, lines 13-33);

providing a compressed water resistant expansion joint system (from col. 3, lines 13-33;

2 of Figs. 1-4; from "compressed state" of col. 3, lines 13-33) comprising a foam in a

compressed state which is less than fully expanded (from col. 3, lines 13-33; 2 of Figs. 1-4; from

"compressed state" of col. 3, lines 13-33), and having a water resistant layer thereon (from col. 3,

lines 13-33; 4 of Figs. 2-4);

inserting the compressed water resistant expansion joint system into the gap between the

first substrate and the second substrate (from col. 3, lines 13-33; Figs. 1-4); and

allowing the compressed water resistant expansion joint system to decompress to fill the

gap between the first substrate and the second substrate (from col. 3, lines 13-33; Figs. 1-4),

the method able to accommodate movement of the substrates by compressing and


Not disclosed is a fire retardant infused in the foam and wherein the expansion joint

system is capable of withstanding exposure to a temperature of about 540°C or greater for about

five minutes.


hydroxide, at a ratio (retardant: foam) of 0.1 :1 to 8: 1 ("from 10 to 800%" of col. 2, lines 25-33).



Art Unit: 3993




to modify the method ofBaerveldt '695 by adding the fire retardant oflllger to the foam so as to










the art at the time of the invention to further modify the method ofBaerveldt '695 and Illger by


system.



the art at the time of the invention to further modify the method ofBaerveldt '695 and Illger by


system.


Art Unit: 3993


(Figs. 1-4 ), consisting essentially of:



a water resistant layer ( 4 of Figs. 2-5); and wherein the system configured to define a

profile to facilitate compression and expansion during use to accommodate movement of the

substrates repeatedly cycles by expanding between minimum and maximum sizes in the gap

(from col. 3, lines 13-33).
















Art Unit: 3993

the alternative to substitute Baerveldt '695's foam with the foam oflllger so as to use a foam


required. The system ofBaerveldt '695 and Illger would be capable of withstanding a








claimed invention).











Art Unit: 3993

a water resistant layer (4 of Figs. 2-4); wherein the fire and water resistant expansion

joint system is configured to define a profile to facilitate compression of the system when

installed between substrates (col. 3, lines 13-33).

Not disclosed is a fire retardant material infused into the foam; and, to pass UL2079 fire

exposure at a temperature of about 540°C or greater for about five minutes and cycling testing

while maintaining the compressed state.











required. The system ofBaerveldt '695 and Illger would be capable of withstanding a

temperature of 540°C or greater for about five minutes and thus meet UL2079 requirements.

other words, because the modified system of Baerveldt '695 in view of Illger has the same foam

and the same fire retardants, it would have the same properties and be capable of same

performance.


Art Unit: 3993

Claims 3 and 29 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over

Baerveldt '695 in view of Illger and further in view of Hensley, Where's the Beef in Joint

Sealants? (The Applicator, vol. 23, no. 2; Document U of 1st page of PT0-892 of 12 December

2014; "Hensley").

As to claim 3, the limitations of claim 1 are disclosed as described above. Not disclosed

is the profile being a bellows profile. Hensley, however, discloses a joint system with bellows

(Figs. 3, 4). It would have been obvious to one of ordinary skill in the art at the time of the

invention to further modify the system of Baerveldt '695 and Illger by using bellows as disclosed

by Hensley so as to have the bellows fold and unfold as the joint changes (Fig. 3, 4 of Hensley)

so as to maintain waterproofing.

As to claim 29, the limitations of claim 25 are disclosed as described above. Not

disclosed is the profile being a bellows profile. Hensley, however, discloses a joint system

bellows (Figs. 3, 4). It would have been obvious to one of ordinary skill in the art at the time of

the invention to further modify the system of Baerveldt and Sealtite by using bellows as

disclosed by Hensley so as to have the bellows fold and unfold as the joint changes (Fig. 3, 4 of

Hensley) so as to maintain waterproofing.

Claims 5, 6, 31, 32, and 37 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable

over Baerveldt '695 in view of Illger and further in view of Ward (GB 2,359,265; 9th foreign

patent of an IDS received 6 February 2015).

As to claims 5, 31, and 37, Baerveldt '695 further disclose a sealant, adhesive layer (4 of

Figs. 2-4). Ward discloses a expansion joint system with an adhesive/sealant layer and a fire


Art Unit: 3993

resistance layer (page 2, <JI<JI 5-6). It would have been obvious to one of ordinary skill in the art at

the time of the invention to further modify the system of Baerveldt '695 and Illger by having a

fire resistant layer as disclosed by Ward so as to increase fire retardation.

As to claims 6 and 32, Ward discloses having the fire resistance layer on any surface

(Ward at page 1, <JI 6; page 2, <JI<JI 5-6). It would obvious to one of ordinary skill in the art at the

time of the invention to modify Baerveldt '695, Illger, and Ward by having the fire resistance

layer is disposed on a surface of the foam and the water resistant layer is disposed on a surface of

the foam opposing the fire resistance layer depending upon use and requirements of the system.

Claim 7 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Baerveldt '695,

Illger, Ward, as applied to claim 6 above, and further in view of Hensley, Where's the Beef in

Joint Sealants? (The Applicator, vol. 23, no. 2; document U of 1st page of PT0-892 of 12

December 2014; "Hensley").


is the profile being a bellows profile. Hensley, however, discloses a joint system with bellows

(Figs. 3, 4). It would have been obvious to one of ordinary skill in the art at the time of the

invention to further modify the system of Baerveldt '695, Illger, and Ward by using bellows as

disclosed by Hensley so as to have the bellows fold and unfold as the joint changes (Fig. 3, 4 of

Hensley) so as to maintain waterproofing.


Art Unit: 3993

Claim 8 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Baerveldt '695 in

view oflllger and further in view ofBaerveldt '708 (US 6,532,708 Bl; 23ih patent of an IDS

received 6 February 2015; "Baerveldt '708").


is either a sealant band or a comer bead. Baerveldt '708, however, discloses a comer bead (Fig.

8). It would have been obvious to one of ordinary skill in the art at the time of the invention to

further modify the system of Baerveldt '695 in view oflllger by adding a sealant band or comer

bead as disclosed by Baerveldt '708 so as to further increase the waterproofing capability.

Claim 34 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Baerveldt '695

in view of Illger and further in view of Sealtite Standard ( 46th NPL document of one IDS

received 6 February 2015; "Sealtite").


disclosed is applying an adhesive to an edge of the substrates. Sealtite, however, discloses

applying an adhesive to the edge of the substrate (implied from "Pressure Sensitive Adhesive" of

1st page of Sealtite). It would have been obvious to one of ordinary skill in the art at the time of

the invention to further modify the system of Baerveldt '695 in view oflllger by applying

adhesive to the edges of the substrates as disclosed by Sealtite so as to further increase the

waterproofing capabilities.


Art Unit: 3993

Claims 44 and 52 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over

Baerveldt '695 in view oflllger and further in view of UL 2079 Standard for Safety (2nd NPL

document of Request's IDS; "UL2079").


disclosed is the system capable of cycling at 1 cycle per minute for at least 500 cycles, etc.

UL2079, however, discloses the claimed movement cycling (Table 9.1 of page 10). It would

have been obvious to one of ordinary skill in the art at the time of the invention to further modify

the system ofBaerveldt '695 in view oflllger by having the system meet the movement cycling

of UL2079 so as to meet a well-known rating when required by, for example, building codes.


disclosed is the system capable of cycling at 1 cycle per minute for at least 500 cycles, etc.

UL2079, however, discloses the claimed movement cycling (Table 9.1 of page 10). It would

have been obvious to one of ordinary skill in the art at the time of the invention to further modify

the system ofBaerveldt '695 in view oflllger by having the system meet the movement cycling

of UL2079 so as to meet a well-known rating when required by, for example, building codes.

Response to Arguments in the Amendment received 11September2015

In the amendment received 11 September 2015 Patent Owner argued the following:

1. For the double patenting rejections, a terminal disclaimer has been submitted.

Amendment at page 17.


Art Unit: 3993

2. For the rejections based on 35 USC 112 2nd, and 305 the language of the claims have

been cancelled. Amendment at pages 17-18.

3. For the obviousness rejections based on Baerveldt '726 (EP document) with Sealtite

and various DIN references, the base reference goes to a watertight system and not fire resistance

while Sealtite's acrylic would make the combination more flammable and the DIN references go

to a flame spread test. Amendment at pages 18-31.

4. For the obviousness rejections with the addition of Hensley article, the Hensley article

does not cure the deficiencies of the base references. Amendment at pages 31-33.

5. For the obviousness rejections with the addition of Hensley '246 (WO document),

Hensley '246 does not disclose the system with fire retardant since it list of infused chemicals go

to waterproofing. Amendment at pages 33-37.

6. For the obviousness rejections with the addition of both the Hensley article and

Hensley '246, .there is no reason to combine the references Amendment at pages 37-38.

7. For the obviousness rejections with addition of von Bonin, von Bonin does not

disclose an expansion joint system and would not function as intended since it is not reversibly

compressible. Amendment at pages 38-43.

8. For the obviousness rejections with addition of UL2079, there is no motivation to

combine the references, the references do not disclose the invention, and UL2079 discloses

standards but does not disclose a foam that meets the standard or how to create the foam.

Amendment at pages 44-48, 49-56.

9. For the obviousness rejections with addition ofUL2079 and Hensley '246, the

combined references do not disclose the claimed invention. Amendment at pages 48-49.


Art Unit: 3993

10. For the obviousness rejections with addition of UL2070 and Hensley article, there is

no reason to combine the references. Amendment at pages 56-58.

11. For the obviousness rejections with addition ofUL2070 and Hensley '246, the

combined references do not disclose the claimed invention. Amendment at pages 58-60.

12. For the obviousness rejections with addition ofUL2070, Hensley '246, and Hensley

article, the combined references do not disclose the claimed invention. Amendment at pages 61-

62.

13. For the obviousness rejections with addition of UL2070 and von Bonin, there is no

reason to combine the references. Amendment at pages 62-63.

As to arguments (1)-(13), the rejections with these reference(s), either alone or in

combination as argued, are withdrawn.

Response Time set at 1 Month

The time to respond to this office action is set at one ( 1) month because of the ongoing

litigation styled Emseal Joint Systems LTD v. Schul Int'l Co., LLC et al. which is stayed. See

MPEP 2263.

Remarks

Any inquiry concerning this communication should be directed to Jeffrey L. Gellner at

telephone number 571.272.6887. The Examiner can normally be reached on Monday through


Art Unit: 3993

Friday from 8:30 to 4:30. If attempts to reach the Examiner by telephone are unsuccessful, the

Examiner's supervisor, Gay Ann Spahn, can be reached at 571.272.7731.

Applicant is reminded of the continuing obligation under 37 CPR l. l 78(b ), to timely

apprise the Office of any prior or concurrent proceeding in which in the instant patent is or was

involved. These proceedings would include interferences, reissues, reexaminations, and

litigation.

Applicant is further reminded of the continuing obligation under 37 CPR 1.56, to timely

apprise the Office of any information which is material to patentability of the claims under

consideration in this reissue application.

These obligations rest with each individual associated with the filing and prosecution of

this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.

/Jeffrey L. Gellner/ Jeffrey L. Gellner AU 3993, Central Reexamination Unit (571) 272-6887

Conferees: /rds/ and /GAS/

8,739,495 nf rejection all 1-52 claims 1-20-2016

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