14540514 final rejection - fire and water resistant expansion joint system

Application No. 14/540,514

Applicant(s) WITHERSPOON, BILL

Office Action Summary Examiner WILLIAM GILBERT

Art Unit 3649

AIA (First Inventor to File) Status No

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

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTHS FROM THE MAILING DATE OF THIS COMMUNICATION.

Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing date of this communication. If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).

Status 1 )~ Responsive to communication(s) filed on 25 August 2015.

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

2a)~ This action is FINAL. 2b)0 This action is non-final. 3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on

__ ; the restriction requirement and election have been incorporated into this action. 4)0 Since this application is in condition for allowance 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.

Disposition of Claims* 5)~ Claim(s) 1-39 is/are pending in the application.

5a) Of the above claim(s) __ is/are withdrawn from consideration. 6)0 Claim(s) __ is/are allowed. 7)~ Claim(s) 1-39 is/are rejected. 8)0 Claim(s) __ is/are objected to. 9)0 Claim(s) __ are subject to restriction and/or election requirement.

* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a

participating intellectual property office for the corresponding application. For more information, please see

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Application Papers 10)0 The specification is objected to by the Examiner. 11 )0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).

Priority under 35 U.S.C. § 119 12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). Certified copies:

a)O All b)O Some** c)O None of the:

1.0 2.0 3.0

Certified copies of the priority documents have been received. Certified copies of the priority documents have been received in Application No. __ . Copies of the certified copies of the priority documents have been received in this National Stage application from the International Bureau (PCT Rule 17.2(a)).

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

Attachment{s)

1) 0 Notice of References Cited (PT0-892)

2) ~ Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mail Date __ .

U.S. Patent and Trademark Office PTOL-326 (Rev. 11-13) Office Action Summary

3) 0 Interview Summary (PT0-413)

Paper No(s)/Mail Date. __ .

4) 0 Other: __ .

Part of Paper No./Mail Date 20160324

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Order Certified Application As Filed Order Certified File Wrapper View Order List

14/540,514 FIRE AND WATER RESISTANT EXPANSION JOINT SYSTEM 1269-0001-1CON-1-2

Transaction HistoryDate Transaction Description 03-31-2016 Email Notification 03-31-2016 Mail Final Rejection (PTOL - 326) 03-25-2016 Final Rejection 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-25-2016 Information Disclosure Statement considered 03-17-2016 Information Disclosure Statement (IDS) Filed 02-29-2016 Case Docketed to Examiner in GAU 01-28-2016 PARALEGAL OR ELECTRONIC TERMINAL DISCLAIMER APPROVED 08-25-2015 Terminal Disclaimer Filed 11-12-2015 Electronic Information Disclosure Statement 11-12-2015 Information Disclosure Statement (IDS) Filed 11-04-2015 Electronic Information Disclosure Statement 11-04-2015 Information Disclosure Statement (IDS) Filed 10-01-2015 Electronic Information Disclosure Statement 10-01-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Electronic Information Disclosure Statement 09-16-2015 Case Docketed to Examiner in GAU 09-01-2015 Electronic Information Disclosure Statement 08-27-2015 Information Disclosure Statement (IDS) Filed 09-01-2015 Information Disclosure Statement (IDS) Filed

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08-31-2015 Application ready for PDX access by participating foreign offices 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Information Disclosure Statement (IDS) Filed 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Electronic Information Disclosure Statement 08-27-2015 Date Forwarded to Examiner 08-25-2015 Response after Non-Final Action 08-25-2015 Request for Extension of Time - Granted 08-24-2015 Electronic Information Disclosure Statement 08-24-2015 Electronic Information Disclosure Statement 08-24-2015 Electronic Information Disclosure Statement 08-24-2015 Electronic Information Disclosure Statement 08-24-2015 Information Disclosure Statement (IDS) Filed 08-24-2015 Information Disclosure Statement (IDS) Filed 08-24-2015 Information Disclosure Statement (IDS) Filed 08-24-2015 Information Disclosure Statement (IDS) Filed 04-08-2015 Mail Non-Final Rejection 04-04-2015 Non-Final Rejection 01-26-2015 Oath or Declaration Filed (Including Supplemental) 03-17-2015 Case Docketed to Examiner in GAU 03-12-2015 PG-Pub Issue Notification 03-06-2015 Change in Power of Attorney (May Include Associate POA) 03-06-2015 Application Dispatched from OIPE 03-06-2015 FITF set to NO - revise initial setting 01-26-2015 Patent Term Adjustment - Ready for Examination 03-06-2015 Application Is Now Complete 03-06-2015 Filing Receipt - Updated 01-26-2015 Additional Application Filing Fees 11-28-2014 Notice Mailed--Application Incomplete--Filing Date Assigned 11-28-2014 Filing Receipt

11-26-2014 Applicant Has Filed a Verified Statement of Small Entity Status in Compliance with 37 CFR 1.27

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Application/Control Number: 14/540,514

Art Unit: 3649

Page 2

DETAILED ACTION

This is a final Office action addressing applicant's response 25

August 2015. The present application is being examined under

the pre-AIA first to invent provisions.

• Claims 1-39 are pending and examined.

Claim Rejections - 35 USC§ 103

1. 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.

The factual inquiries set forth in Graham v. John Deere

Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for

establishing a background for determining obviousness under pre-

AIA 35 U.S.C. 103(a) are summarized as follows:

1. Determining the scope and contents of the prior art.

2. Ascertaining the differences between the prior art and

the claims at issue.

3. Resolving the level of ordinary skill in the pertinent

art.

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Art Unit: 3649

4. Considering objective evidence present in the

application indicating obviousness or nonobviousness.

Page 3

Claims 1-3, 5-11 and 20-29 are rejected under pre-AIA 35

U.S.C. 103(a) as being unpatentable over von Bonin (U.S. Patent

4,992,481).

Claims 1, 5-7, 20-23: An expansion joint system, comprising

(or consisting of per claim 20):

foam (Abstract);

a fire retardant material included in the foam (Abstract); and

the expansion joint system accommodates movement when installed

between substrates (Col. 4, lines 41-45). While von Bonin

states that the system is to "preferably" withstand a

temperature of greater than lOOOC for up to at least 30 minutes,

it does not specifically state the expansion joint system has an

ability to withstand exposure to a temperature of about 540°C or

greater for about five minutes. It would have been obvious at

the time the invention was made to a person having ordinary

skill in the art to have this limitation because optimization of

a limitation will not support patentability of subject matter

encompassed by the prior art unless there is evidence indicating

such a limitation is critical. See M.P.E.P. §2144.05 "[W]here

the general conditions of a claim are disclosed in the prior


Art Unit: 3649

Page 4

art, it is not inventive to discover the optimum or workable

ranges by routine experimentation." In re Aller, 220 F.2d 454

(CCPA 1955) (Claimed process which was performed at a

temperature between 40C and 80C and an acid concentration

between 25% and 70% was held to be prima facie obvious over a

reference process which differed from the claims only in that

the reference process was performed at a temperature of lOOC and

an acid concentration 10%.) The desire of the system is to

"preferably" meet the limitations regarding the time of exposure

and heat exposure, so to optimize the prior art to meet this

limitation would be well within the level of skill in the art.

The same rejection applies to wherein the expansion joint system

has the ability to withstand exposure to a temperature of about

930°C for about one hour (Claims 5 and 21), wherein the

expansion joint system has the ability to withstand exposure to

a temperature of about 1010°C for about two hours (claims 6 and

22), And wherein the expansion joint system has the ability to

withstand exposure to a temperature of about 1260°C for about

eight hours (claims 7 and 23). Regarding the language

"consisting of" the examiner takes the position that these

features provided in von Bonin result in the claimed invention,

and any extra limitations in von Bonin do not contribute to the

functionality of the expansion joint.


Art Unit: 3649

Page 5

Claims 2, 3, 24 and 25: von Bonin provides the expansion

joint system of claim 1, except wherein the foam has a density

when compressed in a range of about 200 kg/m3 to about 700 kg/m3

(claims 2 and 24) or wherein the foam uncompressed has a density

of about 130 kg/m3 to about 150 kg/m3 (claims 3 and 25). von

Bonin does provide specific gravity with units of density

(noting that specific gravity is a ratio of densities and is

actually without units) in an uncompressed state. While noting

that the prior art is providing a specific gravity, based on the

inclusion of units and the context of the disclosure, it is

reasonably assumed that density is intended. It would have been

obvious at the time the invention was made to a person having

ordinary skill in the art to have this limitation because

optimization of a limitation will not support patentability of

subject matter encompassed by the prior art unless there is

evidence indicating such a limitation is critical. See M.P.E.P.

§2144.05 "[W]here the general conditions of a claim are

disclosed in the prior art, it is not inventive to discover the

optimum or workable ranges by routine experimentation." In re

Aller, 220 F.2d 454 (CCPA 1955) (Claimed process which was

performed at a temperature between 40C and 80C and an acid

concentration between 25% and 70% was held to be prima facie

obvious over a reference process which differed from the claims


Art Unit: 3649

only in that the reference process was performed at a

Page 6

temperature of lOOC and an acid concentration 10%.) Further,

the limitation provided in the prior art is in the uncompressed

state, so when compressed, the density would naturally increase.

Claims 8 and 26: The expansion joint system of claim 1,

except wherein the ratio of the fire retardant material included

in the foam is in a range of about 3.5:1 to about 4:1 by weight.

von Bonin does provide specific gravity of the units of density

(noting that specific gravity is a ratio of densities and is

actually without units). It would have been obvious at the time

the invention was made to a person having ordinary skill in the

art to have this limitation because optimization of a limitation

will not support patentability of subject matter encompassed by

the prior art unless there is evidence indicating such a

limitation is critical. See M.P.E.P. §2144.05 "[W]here the

general conditions of a claim are disclosed in the prior art, it

is not inventive to discover the optimum or workable ranges by

routine experimentation." In re Aller, 220 F.2d 454 (CCPA 1955)

(Claimed process which was performed at a temperature between

40C and 80C and an acid concentration between 25% and 70% was

held to be prima facie obvious over a reference process which

differed from the claims only in that the reference process was


Art Unit: 3649

Page 7

performed at a temperature of lOOC and an acid concentration

10%.)

Claims 9 and 27: von Bonin provides the expansion joint

system of claim 1, except wherein the fire retardant material

included in the foam is water-based aluminum tri-hydrate. von

Bonin does provide numerous materials that may be used for the

infusion (Col. 6, lines 6 and following), including aluminum

hydrates. It would have been obvious to a person having

ordinary skill in the art at the time the invention was made to

have the claimed material as a matter of functional equivalence

in von Bonin, and the examiner takes the position that the

claimed material can be included in the list of chemicals

provided.


system of claim 1, wherein the fire retardant material included

in the foam is selected from the group consisting of metal

oxides, metal hydroxides, aluminum oxides, antimony oxides and

hydroxides, iron compounds, ferrocene, molybdenum trioxide,

nitrogen- based compounds, and combinations of the foregoing

materials (Col. 6, lines 60 and following).


system of claim 1, wherein the movement is in response to

thermal effects on, or seismic movement of, the substrates. The


Art Unit: 3649

Page 8

examiner takes the position that this is a product by process

limitation.

Claims 4, 12-19 and 30-39 are rejected under pre-AIA 35

U.S.C. 103(a) as being unpatentable over von Bonin in view of

Baerveldt (U.S. Patent 5,130,176)

Claim 4: von Bonin provides the expansion joint system of

claim 1, except further comprising a water resistant layer.

Baerveldt teaches a similar system that incorporates a water

resistant layer (Col. 3, lines 35-40). It would have been

obvious to a person having ordinary skill in the art at the time

the invention was made to incorporate such a layer on the system

in von Bonin to prevent unwanted penetration by moisture which

could cause premature rotting.

Claims 12, 25 and 30-33: von Bonin provides an expansion

joint system, comprising (or consisting of per claim 30):

foam (Abstract);

a fire retardant material included in the foam (Abstract); and

the expansion joint system accommodates movement when installed

between substrates. von Bonin does not specifically provide the

expansion joint system has an ability to withstand exposure to a

temperature of about 1010°C or greater for about two hours

(claim 12), or the expansion joint system has an ability to


Art Unit: 3649

Page 9

withstand exposure to a temperature of about 540°C or greater

for about five minutes (claim 30). While von Bonin states that

the system is to "preferably" withstand a temperature of greater

than lOOOC for up to at least 30 minutes, it does not

specifically state the expansion joint system has an ability to

withstand exposure to a temperature of about 540°C or greater

for about five minutes. It would have been obvious at the time

the invention was made to a person having ordinary skill in the

art to have this limitation because optimization of a limitation

will not support patentability of subject matter encompassed by

the prior art unless there is evidence indicating such a

limitation is critical. See M.P.E.P. §2144.05 "[W]here the

general conditions of a claim are disclosed in the prior art, it

is not inventive to discover the optimum or workable ranges by

routine experimentation." In re Aller, 220 F.2d 454 (CCPA 1955)

(Claimed process which was performed at a temperature between

40C and 80C and an acid concentration between 25% and 70% was

held to be prima facie obvious over a reference process which

differed from the claims only in that the reference process was

performed at a temperature of lOOC and an acid concentration

10%.) The desire of the system is to "preferably" meet the

limitations regarding the time of exposure, so to optimize the

prior art to meet this limitation would be well within the level


Art Unit: 3649

Page 10

of skill in the art. The same arguments apply to wherein the

expansion joint system has the ability to withstand exposure to

a temperature of about 1260°C for about eight hours (claims 15

and 33, and wherein the expansion joint system has the ability

to withstand exposure to a temperature of about 930°C for about

one hour (claim 31), or wherein the expansion joint system has

the ability to withstand exposure to a temperature of about

1010°c for about two hours (claim 32) von Bonin further does

not provide a water resistant layer. Baerveldt teaches a

similar system that incorporates a water resistant layer (Col.

3, lines 35-40). It would have been obvious to a person having


incorporate such a layer on the system in von Bonin to prevent

unwanted penetration by moisture which could cause premature

rotting.

Claims 13, 14, 34 and 35: the combination of the prior art

provides the expansion joint system, except wherein the foam has

a density when compressed in a range of about 200 kg/m3 to about

700 kg/m3 (claims 13 and 34), or wherein the foam uncompressed

has a density of about 130 kg/m3 to about 150 kg/m3 (claims 14

and 35). von Bonin does provide specific gravity with units of

density (noting that specific gravity is a ratio of densities

and is actually without units) in an uncompressed state. While


Art Unit: 3649

Page 11

noting that the prior art is providing a specific gravity, based

on the inclusion of units and the context of the disclosure, it

is reasonably assumed that density is intended. It would have

been obvious at the time the invention was made to a person

having ordinary skill in the art to have this limitation because












temperature of lOOC and an acid concentration 10%.) Further,

the limitation provided in the prior art is in the uncompressed

state, so when compressed, the density would naturally increase.

Claims 16 and 36: the prior art provides the expansion

joint system, except wherein the ratio of the fire retardant

material included in the foam is in a range of about 3.5:1 to

about 4:1 by weight. von Bonin does provide specific gravity of


Art Unit: 3649

Page 12

the units of density (noting that specific gravity is a ratio of

densities and is actually without units). It would have been

obvious at the time the invention was made to a person having

ordinary skill in the art to have this limitation because












temperature of lOOC and an acid concentration 10%.)


joint system, except wherein the fire retardant material

included in the foam is water-based aluminum tri-hydrate. von

Bonin does provide numerous materials that may be used for the

infusion (Col. 6, lines 6 and following), including aluminum

hydrates. It would have been obvious to a person having



Art Unit: 3649

Page 13

have the claimed material as a matter of functional equivalence

in von Bonin, and the examiner takes the position that the

claimed material can be included in the list of chemicals

provided.


joint system of claim 12, wherein the fire retardant material

included in the foam is selected from the group consisting of

metal oxides, metal hydroxides, aluminum oxides, antimony oxides

and hydroxides, iron compounds, ferrocene, molybdenum trioxide,

nitrogen-based compounds, and combinations of the foregoing

materials (von Bonin: Col. 6, lines 60 and following).


joint system of claim 12, wherein the movement is in response to

thermal effects on, or seismic movement of, the substrates. The

examiner considers this limitation as product by process.

Terminal Disclaimer

2. The terminal disclaimers filed on 25 August 2015 (seven of

them) disclaiming the terminal portion of any patent granted on

this application which would extend beyond the expiration date

of the listed cases has been reviewed and is accepted. The

terminal disclaimers have been recorded.


Art Unit: 3649

Response to Arguments

Page 14

3. The following addresses applicant's remarks/arguments dated

25 August 2015.

Double Patenting:

Applicant's submission and approval of the respective

terminal disclaimers render the rejections moot and they are

withdrawn.

Claim rejections - 35 USC 103:

Applicant's arguments are respectfully not persuasive.

With respect to the von Bonin reference and the disclosure to

fire resistance, the examiner maintains the reference is fully

capable of meeting the claimed limitation. Even though the

reference states the given temperature is "preferably" it does

not mean the prior art does not achieve the claimed limitation.

"Preferably" is being interpreted as though it is what is

desired from the prior art and that this is the most desired

form of the limitation. In other words, the prior art is

capable of being designed to meet this limitation, and as

written and interpreted, it is what is most desired.

Regarding the limitation "expansion joint", applicant's

arguments are respectfully not persuasive. As disclosed in von


Art Unit: 3649

Bonin, the sealant is designed to be placed between two

substrates. It is notoriously well known in the art that

Page 15

substrates as provided in von Bonin do move with respect to each

other to some degree based on elements such as wind, vibrations

and heat/cold. The examiner takes the position that the prior

art is fully capable of functioning as an expansion joint as

claimed.

Applicant's further discussion of the ASTM and UL standards

are not persuasive as it is noted that the features upon which

applicant relies are not recited in the rejected claim(s)

Although the claims are interpreted in light of the

specification, limitations from the specification are not read

into the claims. See In re Van Geuns, 988 F.2d 1181, 26

USPQ2d 1057 (Fed. Cir. 1993).

The arguments with respect to the remaining claims stand or

fall with respect to the arguments addressed above.

Conclusion

4. THIS ACTION IS MADE FINAL. Applicant is reminded of the

extension of time policy as set forth in 37 CFR 1.136(a).

A shortened statutory period for reply to this final action

is set to expire THREE MONTHS from the mailing date of this

action. In the event a first reply is filed within TWO MONTHS

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Art Unit: 3649

Page 16

of the mailing date of this final action and the advisory action

is not mailed until after the end of the THREE-MONTH shortened

statutory period, then the shortened statutory period will

expire on the date the advisory action is mailed, and any

extension fee pursuant to 37 CFR 1.136(a) will be calculated

from the mailing date of the advisory action. In no event,

however, will the statutory period for reply expire later than

SIX MONTHS from the mailing date of this final action.

Any inquiry concerning this communication or earlier

communications from the examiner should be directed to WILLIAM

GILBERT whose telephone number is (571)272-9055. The examiner

can normally be reached on Monday - Friday, 08:00 to 17:00 EST.

If attempts to reach the examiner by telephone are

unsuccessful, the examiner's supervisor, Darnell Jayne can be

reached on 571.272.7723. The fax phone number for the

organization where this application or proceeding is assigned is

571-273-8300.


Art Unit: 3649

Page 17

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(IN USA OR CANADA) or 571-272-1000.

/WILLIAM GILBERT/ Primary Examiner, Art Unit 3649

UNITED STA TES p A TENT AND TRADEMARK OFFICE

APPLICATION NO. FILING DATE

14/540,514 11/13/2014

128258 7590 03/31/2016

MKG,LLC 306 Industrial Park Road, Suite 206 Middletown, CT 06457

FIRST NAMED INVENTOR

Bill Witherspoon

UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS

P.O. Box 1450 Alexandria., Virginia 22313-1450 www .uspto.gov

ATTORNEY DOCKET NO. CONFIRMATION NO.

1269-0001-lCON-l-2 9335

EXAMINER

GILBERT, WILLIAM V

ART UNIT PAPER NUMBER

3649

NOTIFICATION DATE DELIVERY MODE

03/31/2016 ELECTRONIC

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es):

[email protected]

PTOL-90A (Rev. 04/07)

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What is claimed is:

1. An expansion joint system, comprising:

foam;

a fire retardant material included in the foam; and

the expansion joint system accommodates movement when installed between substrates,

and the expansion joint system has an ability to withstand exposure to a temperature of about

540°C or greater for about five minutes.

2. The expansion joint system of claim 1, wherein the foam has a density when compressed

in a range of about 200 kg/m3 to about 700 kg/m3.

3. The expansion joint system of claim 1, wherein the foam uncompressed has a density of

about 130 kg/m3 to about 150 kg/m3.

4. The expansion joint system of claim 1, further comprising a water resistant layer.

5. The expansion joint system of claim 1, wherein the expansion joint system has the ability

to withstand exposure to a temperature of about 930°C for about one hour.


to withstand exposure to a temperature of about 1010°C for about two hours.


to withstand exposure to a temperature of about 1260°C for about eight hours.

8. The expansion joint system of claim 1, wherein the ratio of the fire retardant material

included in the foam is in a range of about 3.5: 1 to about 4: 1 by weight.

9. The expansion joint system of claim 1, wherein the fire retardant material included in the

foam is water-based aluminum tri-hydrate.

11 1269-0001-ICON-1-2

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10. The expansion joint system of claim 1, wherein the fire retardant material included in the

foam is selected from the group consisting of metal oxides, metal hydroxides, aluminum oxides,

antimony oxides and hydroxides, iron compounds, ferrocene, molybdenum trioxide, nitrogen

based compounds, and combinations of the foregoing materials.

11. The expansion joint system of claim 1, wherein the movement is in response to thermal

effects on, or seismic movement of, the substrates.

12. An expansion joint system, comprising:

foam;

a fire retardant material included in the foam;

a water resistant layer; and



1010°C or greater for about two hours.

13. The expansion joint system of claim 12, wherein the foam has a density when

compressed in a range of about 200 kg/m3 to about 700 kg/m3.



15. The expansion joint system of claim 12, wherein the expansion joint system has the

ability to withstand exposure to a temperature of about 1260°C for about eight hours.



17. The expansion joint system of claim 12, wherein the fire retardant material included in

the foam is water-based aluminum tri-hydrate.

12 1269-0001-ICON-1-2

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the foam is selected from the group consisting of metal oxides, metal hydroxides, aluminum

oxides, antimony oxides and hydroxides, iron compounds, ferrocene, molybdenum trioxide,

nitrogen-based compounds, and combinations of the foregoing materials.



20. An expansion joint system, consisting of:

foam;

a fire retardant material included in the foam; and



540°C or greater for about five minutes.


ability to withstand exposure to a temperature of about 930°C for about one hour.


ability to withstand exposure to a temperature of about 1010°C for about two hours.







13 1269-0001-ICON-1-2

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30. An expansion joint system, consisting of:

foam;

a fire retardant material included in the foam;

a water resistant layer; and

the expansion joint system accommodates movement when installed between substrates, and the

expansion joint system has an ability to withstand exposure to a temperature of about 540°C or

greater for about five minutes.


ability to withstand exposure to a temperature of about 930°C for about one hour.


ability to withstand exposure to a temperature of about 1010°C for about two hours.



14 1269-0001-ICON-1-2

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15 1269-0001-ICON-1-2

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FIRE AND WATER RESISTANT EXPANSION JOINT SYSTEM

Abstract

A fire resistant and water resistant expansion joint system comprises a compressed

lamination of fire retardant infused open celled foam, one coat of an elastomeric waterproofing

or water resistant material on the lamination, and another coat of an intumescent material on an

opposing surf ace of the lamination, thereby providing fire resistance in one direction and water

resistance in the opposite direction. The intumescent material may be further coated with a

similar elastomeric material, thereby providing fire resistance in one direction and water

resistance in both directions. In the alternative, the compressed lamination may comprise first

and second opposing layers of intumescent material thereon each having a respective layer of

elastomeric material to provide both water resistance and fire resistance in both directions.

16 1269-0001-ICON-1-2

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14540514 final rejection - fire and water resistant expansion joint system

Engineering