Office Action 2: Notice of Allowance (2025-07-24)

CLAIMS:
AMENDMENTS TO THE CLAIMS

The following listing of claims replaces all prior versions and listings of claims.

1\. (Canceled)
2\. (Currently Amended) A wall assembly, comprising:
a ceiling structure;
a floor structure positioned opposite the ceiling structure;
a header track attached to the ceiling structure;
a bottom track attached to the floor structure, the bottom track including a first flange and a second flange extending from opposite edges of a web;
at least one stud extending in a vertical direction between the bottom track and the header track;
a wallboard attached to the at least one stud, the wallboard having a lower edge relatively closer to the floor structure and an upper edge relatively further from the floor structure, wherein a bottom wall gap is defined between the lower edge of the wallboard,
the first flange of the bottom track, and the floor structure;an elongate, compressible foam component received within the bottom wall gap to block passage of smoke or sound through the bottom wall gap, the elongate, compressible foam component comprising a rectangular cross-sectional profile extending between a first end and a second end, the rectangular cross-sectional profile having a first side and a second side, the first side and the second side meeting at a first edge, a third side opposite the first side, and a fourth side opposite the second side, the first side and the fourth side meeting at a second edge, the rectangular cross-sectional profile extending from the first end to the second end;
wherein the elongate, compressible foam component is positioned such that the first side faces the first flange of the bottom track;
wherein the second side of the elongate, compressible foam component contacts the lower edge of the wallboard; and
wherein the fourth side of the elongate, compressible foam component contacts the floor structure.

3\. (Previously Presented) The wall assembly of Claim 2, wherein the elongate,
compressible foam component comprises open cell or closed cell foam.
4\. (Previously Presented) The wall assembly of Claim 2, wherein the elongate,
compressible foam component is configured to create a fire rated joint and block passage of fire or heat through the bottom wall gap.
5\. (Previously Presented) The wall assembly of Claim 2, wherein the elongate,
compressible foam component is coated with intumescent material.
6\. (Previously Presented) The wall assembly of Claim 2, wherein the third side is coated with sealant.
7\. (Previously Presented) The wall assembly of Claim 2, wherein the first side comprises a same length as the second side.

8\. (Previously Presented) The wall assembly of Claim 2, wherein the first side comprises a protective layer.
9\. (Previously Presented) The wall assembly of Claim 8, wherein the protective layer comprises a tape layer, the tape layer having a width extending from the first edge to the second edge.

10\. (Previously Presented) The wall assembly of Claim 9, wherein the tape layer is received by and bonded to the elongate, compressible foam component.

11\. (Previously Presented) The wall assembly of Claim 10, wherein the tape layer covers at least a portion of a surface of the first side.

12\. (Previously Presented) A wall assembly, comprising:a floor structure;
a bottom track attached to the floor structure, the bottom track including a first flange and a second flange extending from opposite sides of a web;
at least one stud having a lower end attached to the bottom track, the lower end received between the first flange and the second flange;
a wallboard attached to the at least one stud, the wallboard having an upper edge and a lower edge;
a bottom wall gap located between the lower edge of the wallboard and the floor structure;

a compressible foam component having a rectangular cross section, the compressible foam component received within the bottom wall gap to block passage of smoke and/or sound, the compressible foam component comprising:
a compressible foam profile having a first end and a second end, the compressible foam profile comprising:
a first side;
a second side meeting the first side at a corner, wherein the second side faces the lower edge of the wallboard;
a third side opposite the first side;
a fourth side opposite the second side, wherein the fourth side contacts the floor structure.

13\. (Previously Presented) The wall assembly of Claim 12, wherein the compressible foam component is configured to create a fire rated joint.

14\. (Currently Amended) The wall assembly of Claim 13, wherein the compressible foam component has a moisture resistan outer skin .

15\. (Previously Presented) The wall assembly of Claim 12, wherein the compressible foam component comprises a composite fire-resistant or fire-stopping compressible foam material.

16\. (Previously Presented) The wall assembly of Claim 12, wherein a thickness of the wallboard is larger than a width of the second side or the fourth side.

17\. (Previously Presented) The wall assembly of Claim 12, wherein the compressible foam component comprises polyurethane foam material.

18\. (Previously Presented) The wall assembly of Claim 12, wherein the compressible foam component is coated with intumescent material.

19\. (Previously Presented) The wall assembly of Claim 12, wherein the compressible foam component comprises open cell or closed-cell foam.

20\. (Previously Presented) The wall assembly of Claim 12, wherein the compressible foam profile comprises a tape layer extending along the first side.

OFFICE ACTION:
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/29/25 is in compliance with the provisions of 37 CFR 1.97.  Accordingly, the information disclosure statement is being considered by the examiner.
Reasons for Allowance
Clams 2-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
The prior art includes numerous examples of wall assemblies having a bottom track with at least one stud attached to the bottom track wherein a wallboard is attached to the at least one stud and a bottom wall gap is defined between the lower edge of the wallboard, the first flange of the bottom track and the floor structure. However, the prior art of record does not reasonably suggest the combination having an elongate, compressible foam component received within the bottom wall gap comprising a rectangular cross-sectional profile extending between first and second ends, wherein foam component contacts the lower edge of the wallboard and the floor structure.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.

APPLICANT REBUTTAL: REMARKSIntroduction In response to the Office Action dated February 2, 2025, Applicant respectfully requests the Examiner to reconsider the above-captioned application in view of the foregoing amendments and the following comments. As a result of the amendments listed above, Claims 2-20 remain pending.Claims 2 and 14 have been amended. No claims have been canceled or added.Objection to Drawings The Office Action objected to the drawings because it is asserted that the drawings do not show every feature of the invention specified in the claims. In particular, the Office Action asserts that the compressible foam component is only shown received in a top wall gap and must be shown received within the bottom wall gap to comply with 37 C.F.R. § 1.83(a). Applicant respectfully disagrees and submits that the Office Action is reading too much into the requirements of § 1.83(a).Section 1.83(a) requires that the drawings "must show every feature of the invention specified in the claims." Applicant submits that each feature of the claims, within the meaning of section 1.83(a), is shown in the drawings. The specification indicates that at least some of the illustrated top tracks can function as bottom tracks. See, e.g., paragraph [0110]. The specification also indicates that the illustrated ceiling 120 can be a floor of a higher level floor. See, e.g., paragraph [0004]. As acknowledged by the Office Action, the present drawings illustrate the compressible foam component within a (top wall) gap.Accordingly, Applicant submits that the drawings show every feature of the invention because it is unreasonable to assume that section 1.83(a) requires every permutation of the features of the claim to be shown in the drawings. Section 1.83(a) states that conventional features, for which a detailed illustration is not essential for a proper understanding of the invention, can be illustrated in form of a symbol. Thus, Applicant submits that the proper focus of the requirements of section 1.83(a) is on "proper understanding of the invention." The present drawings show the structures of the claims (although in the context of a top wall gap rather than a bottom wall gap) at a level of detail that allows those skilled in the art to properly understand the invention.Applicant submits that no significant claimed structures are omitted, it is only the context that varies from the drawings to the claims. Accordingly, Applicant submits that the present drawings comply with 37 C.F.R. § 1.83(a) and respectfully requests that the objection to the drawings be withdrawn.Objection to Claims The Office Action objected to the Claim 2 because "an" appears before "ceiling" in line 2.The Office Action suggests that it should be amended to read "a ceiling." In response, Applicant has amended the claim as suggested. Accordingly, Applicant respectfully requests that the objection to the claims be withdrawn.Rejections Under 35 U.S.C. § 112 The Office Action rejected Claim 14 under 35 U.S.C. § 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter. Although Applicant does not necessarily agree, Applicant has elected to amend the claim to address the purported issue. Accordingly, Applicant respectfully requests that the rejection under 35 U.S.C. § 112 be withdrawn.Rejections Under 35 U.S.C. § 103 The Office Action rejected Claims 2, 4, 7 and 12-13 under 35 U.S.C. § 103(a) as allegedly being unpatentable over U.S. Pat. Pub. No. 2007/0107325 ("Klein") in view of U.S. Pat. Pub. No.2003/0079425 ("Morgan"). The Office Action rejected Claims 3, 6, 14-17 and 19 under 35 U.S.C.§ 103(a) as allegedly being unpatentable over Klein in view of Morgan and further in view of U.S.Pat. No. 5,968,615 ("Schlappa"). The Office Action rejected Claims 8-11 and 20 under 35 U.S.C.§ 103(a) as allegedly being unpatentable over Klein in view of Morgan and further in view of U. S.Pat. No. 4,598,516 ("Groshong"). The Office Action rejected Claims 5 and 18 under 35 U.S.C. § 103(a) as allegedly being unpatentable over Klein in view of Morgan and further in view of U.S.Pat. Pub. No. 2010/0018142 ("Schouren"). Applicant respectfully disagrees for at least the following reasons.The pending claims recite, among other limitations, an elongate, compressible foam component having "a rectangular" cross section or cross-sectional profile. The Office Action asserts that the mastic component 46 of Klein has a rectangular cross-sectional profile. Applicant respectfully disagrees. Figure 1 of Klein is reproduced below. Applicant respectfully submits that the mastic component 46 is not rectangular. Furthermore, the Office Action has not established that one skilled in the art would recognize that the arrangement of Klein would function properly if the mastic component 46 were provided in a rectangular shape rather than having the sloped outward facing surface, as shown. For at least this reason, the rejection of the claims is improper.F 1 / The Office Action further asserts that it would have been obvious to substitute the foam component as suggested by Morgan for the mastic component of Klein "in order to allow cyclic movement of the wallboards while also preventing heat and smoke from going through the gap." Office Action at page 6. Applicant respectfully disagrees at least because Morgan does not disclose that the compressible foam strip 20 - on its own - is sufficient to prevent heat and smoke from going through the gap. Rather, the purpose of the foam strip 20 is "to leave a space for cyclic movement of the wallboards 19 when the flowable firestop material 32 is hardened." Morgan at [0030] (emphasis added). Thus, it is the flowable firestop material 32 that is responsible for preventing heat and smoke from going through the gap - not the foam strip 20. Accordingly, the Office Action has failed to establish that the foam strip 20 would be a suitable replacement for the mastic 46 of Klein.Furthermore, the firestop material 32 is contained within a molding bag 30, which relies on gravity to drape over the head-of-wall gap. Such an arrangement would not work as intended at the bottom of the wall. For at least this reason, Applicant submits it would not have been obvious to modify Klein in view of Morgan, as proposed or with the molding bag 30 and firestop material 32. For at least this reason, Applicant submits that the rejection of the claims is improper.Accordingly, for at least the reasons discussed herein, Applicant respectfully submits that the pending claims are in condition for allowance. Reconsideration and withdrawal of the rejections under 35 U.S.C. §§ 102/103 are respectfully requested.No Disclaimers or Disavowals Although the present communication may include alterations to the application or claims, or characterizations of claim scope or referenced art, Applicant is not conceding in this application that previously pending claims are not patentable. Rather, any alterations or characterizations are being made to facilitate expeditious prosecution of this application. Applicant reserves the right to pursue at a later date any previously pending or other broader or narrower claims that capture any subject matter supported by the present disclosure, including subject matter found to be specifically disclaimed herein or by any prior prosecution. Accordingly, reviewers of this or any parent, child or related prosecution history shall not reasonably infer that Applicant has made any disclaimers or disavowals of any subject matter supported by the present application.Conclusion Accordingly, Applicant submits that the pending claims are allowable over the asserted art.Applicant notes that any remarks in support of patentability of one claim should not be imputed to any other claim, and any remarks based on a portion of a claim should not be taken as founding patentability on that portion. Rather, it is intended that patentability rests on the claim as a whole.Furthermore, any such remarks which do not quote the claim portion verbatim should not be used to vary the meaning of the claim, as such are intended as a convenience to improve readability. If not specifically addressed herein, Applicant respectfully traverses each of the Examiner's rejections and assertions as to what the prior art shows or teaches, alone or in combination.If any issues remain which can potentially be resolved by telephone, the Examiner is invited to contact the undersigned at the number provided below.Please charge any additional fees, including any fees for additional extension of time, or credit overpayment to Deposit Account No. 60-5001.Respectfully submitted, VIA LLPDated: July 7, 2025


CITED REFERENCE SUMMARIES: Ref EP3388591A1: Claims:
Sealing strip (1) for sealing connection joints in drywall walls, comprising a central web (3) having two longitudinal edges, along each longitudinal edge a sealing profile (2) is arranged, which has a first profile section (4) arranged along the associated longitudinal edge and in the transverse direction of the central web (3) has a first thickness (d 1 ), and has a second profile section (4) adjoining the first profile section (4), which has the end of the sealing profile (2) remote from the central web (3). forms and in the transverse direction of the central web (3) has a second thickness (d 2 ), wherein the second thickness (d 2 ) is less than the first thickness (d 1 ).
Sealing strip (1) according to claim 1, wherein the first and / or the second profile section (4, 5) has a substantially rectangular cross-section.
Sealing strip (1) according to one of the preceding claims, wherein the first profile section (4) merges in a wedge-shaped intermediate section (15) into the second profile section (5).
Sealing strip (1) according to one of claims 1 or 2, wherein the first profile section (4) has a convex or wavy outer side (17).
Sealing strip (1) according to claim 4, wherein adjoining the portion which defines the convex outer side (17), a concave portion (18) which merges into the second profile section (5).
Sealing strip (1) according to one of the preceding claims, wherein the transition from the first to the second profile section (4, 5) forms a shoulder.
Sealing strip (1) according to one of the preceding claims, wherein the sealing strip (1) is U-shaped overall in cross section, and wherein the legs of the U in the central web (3) and pass through the two profile sections (4, 5) are formed.
Sealing strip (1) according to one of the preceding claims, wherein the sealing strip (1) has an end face which is formed by an upper side of the central web (3) and by an upper side of the first profiled section (4), the upper sides lying in one plane.
Sealing strip (1) according to one of claims 1 to 7, wherein the sealing strip (1) has an end face which is formed by an upper side of the central web (3) and by an upper side of the first profile section (4), wherein the upper side of the central web a Has recess.
Sealing strip (1) according to any one of claims 7 to 9, wherein inner sides (7, 8) of the legs of the U each formed flat and by inner surfaces of the profile sections (4, 5) are formed.
Sealing strip (1) according to claim 10, wherein the inner sides (7, 8) of the legs run perpendicular to an inner side of the central web (3).
Sealing strip (1) according to one of the preceding claims, wherein the sealing profiles (2) are at least partially compressible.
Sealing strip (1) according to one of the preceding claims, wherein the sealing strip (1) is flexible overall.
Sealing strip (1) according to one of the preceding claims, wherein the sealing strip (1) is designed as a foam part.
Sealing strip (1) according to one of the preceding claims, wherein the sealing strip (1) has an air-impermeable, sound-absorbing or sound-proof, fire-resistant, smoke-tight and / or thermally insulating material.
Sealing strip (1) according to one of the preceding claims, wherein the central web (3) has a perforation.