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Patent 2868595 Summary

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Claims and Abstract availability

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(12) Patent: (11) CA 2868595
(54) English Title: WEATHER BARRIER FOR A BUILDING PENETRATION
(54) French Title: BARRIERE CONTRE LES INTEMPERIES DESTINEE A UNE OUVERTURE DE BATIMENT
Status: Granted
Bibliographic Data
(51) International Patent Classification (IPC):
  • E04B 1/68 (2006.01)
  • E04F 13/00 (2006.01)
(72) Inventors :
  • COSCARELLA, GABE (Canada)
(73) Owners :
  • COSCARELLA, GABE (Canada)
(71) Applicants :
  • COSCARELLA, GABE (Canada)
(74) Agent: WOODRUFF, NATHAN V.
(74) Associate agent:
(45) Issued: 2021-06-15
(22) Filed Date: 2014-10-21
(41) Open to Public Inspection: 2016-04-21
Examination requested: 2019-10-10
Availability of licence: N/A
(25) Language of filing: English

Patent Cooperation Treaty (PCT): No

(30) Application Priority Data: None

Abstracts

English Abstract

A weather barrier for a building penetration. The building penetration has an opening in a wall of the building and a utility in the opening. The weather barrier has a sheet of material that is flexible and water resistant and having an outer perimeter and a resilient seal attached to the sheet of material within the outer perimeter. The sheet of material extends out around the resilient seal. The resilient seal is sized to resiliently clamp about the utility such that the resilient seal seals against and is supported by the utility when installed.


French Abstract

Une barrière anti-intempéries pour une ouverture de bâtiment est décrite. La barrière anti-intempéries a une ouverture dans un mur du bâtiment et un service dutilité publique dans louverture. La barrière anti-intempéries a une feuille de matériau qui est flexible et étanche, et qui a un périmètre externe et un joint élastique fixé à la feuille de matériau à lintérieur du périmètre externe. La feuille de matériau sétend vers lextérieur autour du joint élastique. Le joint élastique est dimensionné pour se serrer élastiquement autour du service dutilité publique de telle sorte que le joint élastique assure létanchéité contre et est supporté par le service dutilité publique lorsquil est installé.

Claims

Note: Claims are shown in the official language in which they were submitted.


10
What is Claimed is:
1. A weather barrier for a penetration in a building, the penetration
comprising an
opening in a wall of the building and a utility that passes through the
opening, the weather
barrier comprising:
a sheet of non-elastic material, the non-elastic material being flexible,
water resistant,
and air permeable, the sheet of material having an outer perimeter and an
inner perimeter, the
inner perimeter defming a central passage that is larger than an outer
diameter of the utility;
and
a sheet of elastomeric material sealably attached to the sheet of non-elastic
material at
the inner perimeter, the sheet of elastomeric material extending inward from
the inner
perimeter and defining a central opening that is smaller than the outer
diameter of the utility,
wherein, when the sheets of non-elastic and elastomeric material are disposed
in a flat
position, the sheet of non-elastic material defines a plane and the sheet of
elastomeric
material is parallel to the plane of the sheet of material.
2. The weather barrier of claim 1, wherein the sheet of elastomeric
material is molded to
the sheet of material.
3. The weather barrier of claim 1, wherein the sheet of elastomeric
material has a
uniform thickness within the central passage.
4. A method of protecting a penetration in a building against weather,
the penetration
comprising an opening in a wall of the building and a utility that passes
through the opening,
the method comprising the steps of:
providing:
a sheet of non-elastic material, the non-elastic material being flexible,
water
resistant, and air permeable, the sheet of material having an outer perimeter
and an inner
perimeter, the inner perimeter defining a central passage that is larger than
an outer diameter
.. of the utility; and
a sheet of elastomeric material sealably attached to the sheet of non-elastic
Date Recue/Date Received 2020-04-06

11
material at the inner perimeter, the sheet of elastic material extending
inward from the inner
perimeter and defining a central opening that is smaller than the outer
diameter of the utility,
wherein, when the sheets of non-elastic and elastomeric material are disposed
in a flat
position, the sheet of non-elastic material defines a plane and the sheet of
elastorneric
material is parallel to the plane of the sheet of material; and
placing the sheet of elastomerie material over the utility such that the
central opening
of the sheet of elastomeric material stretches around and conforms to the
outer diameter of
the utility and such that the sheet of non-elastic material is adjacent to the
wall of the
building; and
attaching a building wrap material and the sheet of non-elastic material on
the wall of
the building in an overlapping fashion.
5. The method of claim 4, wherein the sheet of elastomeric material is
molded to the
sheet of material.
6. The method of claim 4, wherein the sheet of elastomeric material has a
uniform
thickness within the central passage.
7. The method of claim 4, wherein the central opening is formed by an
installer prior to
the installer placing the sheet of elastomeric material over the utility.
8. A kit for forming a weather barrier for a penetration in a building, the
penetration
comprising an opening in a wall of the building and a utility that passes
through the opening,
the weather barrier comprising:
a sheet of non-elastic material, the non-elastic material being flexible,
water resistant,
and air permeable, the sheet of material having an outer perimeter and an
inner perimeter, the
inner perimeter defining a central passage that is larger than an outer
diameter of the utility;
a sheet of elastomeric material sealably attached to the sheet of non-elastic
material at
the inner perimeter, the sheet of elastomeric material extending inward from
the inner
perimeter, wherein, when the sheets of non-elastic and elastomeric material
are disposed in a
flat position, the sheet of non-elastic material defines a plane and the sheet
of elastomeric
Date Recue/Date Received 2020-04-06

12
material is parallel to the plane of the sheet of material; and
a hand tool for forming a central opening in the sheet of elastomeric material
that is
smaller than the outer diameter of the utility, the central opening being
sized to sealingly
engage the utility when installed.
Date Recue/Date Received 2020-04-06

Description

Note: Descriptions are shown in the official language in which they were submitted.


CA 02868595 2014-10-21
WEATHER BARRIER FOR A BUILDING PENETRATION
TECHNICAL FIELD
[0001] This relates to a seal for a building penetration that helps
maintain the integrity of
the building envelope.
BACKGROUND
[0002] New construction, such as residential homes, often requires a
building envelope
made from a weatherproofing material, such as Tyvekrm or other water
resistant, breathable,
flexible materials that that are placed on the outer walls of the building.
SUMMARY
[0003] There is provided a weather barrier for a building penetration,
the penetration
comprising an opening in a wall of the building and a utility in the opening.
The weather
barrier comprises a sheet of material that is flexible and water resistant and
having an outer
perimeter and a resilient seal attached to the sheet of material within the
outer perimeter. The
sheet of material extends out around the resilient seal. The resilient seal is
sized to resiliently
clamp about the utility such that the resilient seal seals against and is
supported by the utility
when installed.
[0004] In another aspect, the sheet of material may form a pocket within
the resilient seal
or the resilient seal may define an inner perimeter of an opening of the sheet
of material.
[0005] In another aspect, the resilient seal may be molded, adhered or
sewn to the sheet
of material.
[0006] In another aspect, the resilient seal may comprise a first seal
portion that extends
toward a center of the resilient seal and has a first seal surface that
engages the utility when
installed. The first seal portion may be angled out of a plane of the
resilient seal. The resilient
seal may comprise a second seal portion that extends toward a center of the
resilient seal and
that has a sccond seal surface spaced from the first seal surface such that
the first and second
seal portions form a double seal on the utility when installed.
[0007] In another aspect, the sheet of material may be wrapped around and
enclose the

CA 02868595 2014-10-21
2
resilient seal.
[0008] In
another aspect, the weather barrier may comprise a composite seal, the
resilient
seal being a part of the composite seal. The composite seal may comprise a
rigid ring that
supports the resilient seal. The composite seal may comprise a mating portion
that engages
the resilient seal, the sheet of material being retained between the resilient
seal and the mating
portion. Thc composite seal is sized to fit between an inner edge of the
opening and an outer
edge of the utility in the opening.
[0009] According to an aspect, there is provided a method of protecting a
building
penetration against weather, the penetration comprising an opening in a wall
of the building
and a utility in the opening, the method comprising the steps of providing a
weather barrier as
described above, and stretching the resilient seal and placing the resilient
seal around the
utility such that the resilient seal seals against and is supported by the
utility.
[0010] According
to an aspect, there is provided a weather barrier for a penetration in a
building. The penetration comprises an opening in a wall of the building and a
utility that
passes through the opening. The weather barrier comprises a sheet of non-
elastic material and
a sheet of elastomeric material. The sheet of non-elastic material is
flexible, water resistant,
and air permeable, the sheet of non-elastic material having an outer perimeter
and an inner
perimeter, the inner perimeter defining a central passage that is larger than
an outer diameter
of the utility. The sheet of elastomeric material is sealably attached to the
sheet of non-elastic
material at the inner perimeter. The sheet of elastomeric material extends
inward from the
inner perimeter and defines a central opening that is smaller than the outer
diameter of the
utility, wherein, when the sheets of non-elastic and elastomeric material are
disposcd in a flat
position, the sheet of non-elastic material defines a plane and the sheet of
elastomeric material
is parallel to and in line with the plane of the sheet of material.
[0011] In
another aspect, the sheet of elastomeric material may be molded to the sheet
of
material.
[0012] In
another aspect, the sheet of elastomeric material may have a uniform thickness

CA 02868595 2014-10-21
3
within the central passage.
[0013] According to an aspect, there is provided a method of protecting a
penetration in a
building against weather, the penetration comprising an opening in a wall of
the building and
a utility that passes through the opening. The method comprises thc steps of:
providing:
a sheet of non-elastic material, the non-elastic material being flexible,
water
resistant, and air permeable, the sheet of material having an outer perimeter
and an inner
perimeter, the inner perimeter defining a central passage that is larger than
an outer diameter
of the utility; and
a sheet of elastomeric material scalably attached to the sheet of non-elastic
material at the inner perimeter, the sheet of elastic material extending
inward from the inner
perimeter and defining a central opening that is smaller than the outer
diameter of the utility,
wherein, when the sheets of non-elastic and elastomeric material are disposed
in a flat
position, the sheet of non-elastic material defines a plane and the sheet of
elastomeric material
is parallel to and in line with the plane of the sheet of material;
placing the sheet of elastomeric material over the utility such that the
central
opening of the sheet of elastomeric material stretches around and conforms to
the outer
diameter of the utility and such that the sheet of non-elastic material is
adjacent to the wall of
the building; and
attaching a building wrap material and the sheet of non-elastic material on
the
wall of the building in an overlapping fashion.
[0014] In another the sheet of elastomeric material may be molded to the
sheet of material.
[0015] In another aspect, the sheet of elastomeric material has a uniform
thickness within
the central passage.
[0016] In another aspect, the central opening is formed by an installer
prior to the installer
placing the sheet of elastomeric material over the utility.

CA 02868595 2014-10-21
4
[0017] According to an aspect, there is provided a kit for forming a weather
barrier for a
penetration in a building, the penetration comprising an opening in a wall of
the building and
a utility that passes through the opening. The kit comprises a sheet of non-
elastic material and
a sheet of elastomeric material. The non-elastic material being flexible,
water resistant, and
air permeable, the sheet of material having an outer perimeter and an inner
perimeter, the
inner perimeter defining a central passage that is larger than an outer
diameter of the utility.
The sheet of elastomeric material is sealably attached to the sheet of non-
elastic material at
the inner perimeter, the sheet of elastomeric material extending inward from
the inner
perimeter, wherein, when the sheets of non-elastic and elastomeric material
are disposed in a
flat position, the sheet of non-elastic material defines a plane and the sheet
of elastomeric
material is parallel to and in linc with the plane of the sheet of material. A
hand tool for
forming a central opening in the sheet of elastomeric material that is smaller
than the outer
diameter of the utility, the central opening being sized to sealingly engage
the utility when
installed.
[0018] Other aspects will be apparent from the description and drawings.
The various
aspects may be combined or substituted in any reasonable combination.
BRIEF DESCRIPTION OF THE DRAWINGS
[0019] These and other features will become more apparent from the
following
description in which reference is made to the appended drawings, the drawings
are for the
purpose of illustration only and are not intended to be in any way limiting,
wherein:
FIG. 1 is a side elevation view in section of a building with a weather
barrier.
FIG. 2 is a detailed side elevation view in section of a building penetration.
FIG. 3 is a perspective view of a weather barrier.
FIG. 4 - 6 are side elevation views in section of weather barrier variations.
FIG. 7 and 8 are side elevation views in section of resilient seals.
FIG. 9 ¨ 11 are side elevation views in section of alternative resilient
seals.
HG. 12 is a side elevation view in section of a building with an alternative
weather barrier.
FIG. 13 is a detailed side elevation view in section of the alternative
weather

CA 02868595 2014-10-21
barrier of FIG. 12.
FIG. 14 is a perspective view of the alternative weather barrier.
FIG. 15 is a perspective view of the alternative weather barrier without a
central
opening.
5
DETAILED DESCRIPTION
[0020] A weather barrier for a building penetration, generally identified
by reference
numeral 10, will now be described with reference to FIG. 1 through 11.
[0021] Referring to FIG. 1 and 2, weather barrier 10 is designed to be used
with building
penetrations that have an opening 12 in a building 14, which will generally be
in the wall, and
a utility 16 positioned in opening 12. Utility 16 may take various forms, and
is intended to
include any supply line, tubing, utility box, or other component that is
intended to connect
services. As utility 16 may have various cross-sectional shapes, such as
round, rectangular,
octagonal, etc., it will be understood that weather barrier will be shaped
accordingly.
[0022] Referring to FIG. 3, weather barrier 10 has a sheet of material 20
that is flexible,
water resistant and non-resilient. Sheet of material 20 is preferably made
from a building
wrap material, such as TyvekTm that is breathable as well as water resistant,
tar paper, or the
like. This type of material is generally non-resilient and cannot be stretched
to any
appreciable degree or without damage.
[0023] A resilient seal 22 is attached to sheet of material 20 within its
outer perimeter 21
such that sheet of material 20 extends out around resilient seal 22. Referring
to FIG. 2,
resilient seal 22 is sized to resiliently clamp about utility 16 such that
resilient seal 22 seals
against and is supported by utility 16 when installed. When installed, sheet
of material 20
extends out around utility 16 and is large enough to cover opening 12. Sheet
of material 20
can then be overlapped with the building wrap 18 on the rest of building 14 as
part of the
building envelope, as shown in FIG. 1.
[0024] Depending on the type of penetration, sheet of material 20 may
form a pocket
within the inner perimeter of resilient seal 22, such as to surround an
electrical box as shown

CA 02868595 2014-10-21
6
in FIG. 2, or an opening, such as to surround a pipe or other tubular body as
shown in FIG. 1.
[0025] Resilient seal 22 may be attached to sheet of material 20 in
various ways. For
example, referring to FIG. 9, resilient seal 22 may be molded, such as by
injection or
compression molding, onto sheet of material 20. Sheet of material 20 may also
be adhered to
resilient seal 22 as shown in FIG. 5, sewn as shown in FIG. 6 or pin connected
or riveted, as
shown in FIG. 9. Other methods will also be apparent, When an adhesive or
sewing is used, it
may be desirable to wrap material 20 around resilient seal 22 as shown in FIG.
6. As sheet of
material 20 does not stretch, some excess material may be required to allow
resilient seal 22
room to stretch, depending on the design.
[0026] Referring to FIG. 4, in order to seal against utility 16,
resilient seal 22 may have a
first seal portion 24 that extends toward the center of resilient seal 22.
First seal portion 24
has a first seal surface 26 that engages utility 16 when installed. As shown,
first seal portion
24 is in the form of a sealing lip, and extends in from a larger body of
resilient seal 22.
Referring to FIG. 9, first seal portion 24 is angled out of the plane of
resilient seal 22. When
installed, this may extend inward into opening 12. As shown, resilient seal 22
also has a
second seal portion 28 with a second seal surface 30 that extends toward a
center of the
resilient seal. Second seal surface 30 is spaced from first seal surface 26
such that first and
second seal portions 26 and 30 are separated and form a double seal against
utility 16 when
installed. By doing so, the possibility of liquid entering through opening 12
is significantly
reduced.
[0027] Referring to FIG. 7 and 8, in some circumstances, resilient seal
22 may be part of
a composite seal 34, or in other words, a multi-component seal. Composite seal
34 may
include a second part 36 as shown. Second part 36 may be rigid or merely a
different
material, such as to provide more structural support or other desired
properties to composite
seal 34. Resilient seal 22 and second part 36 may be molded together, as shown
in FIG. 7 or
11, or may be separably connected in a mating arrangement, as shown in FIG. 8,
or may be
carried by friction, as shown in FIG. 5. If separably connected as in FIG. 8,
resilient seal 22
and second part 36 may be used to retain sheet of material 20 between
resilient seal 22 and
second part 36. This allows sheet of material 20 to be customized immediately
prior to use or

CA 02868595 2014-10-21
7
installation, if desired.
[0028] Referring to FIG. 1, resilient seal 22, or composite seal 34 as
the case may be,
may be sized to fit between an inner edge of opening 12 and an outer edge of
utility 16 in
opening 12, such that it is not disruptive to the installation of other
components on building
14.
[0029] Alternative Embodiment
[0030] Referring now to FIG. 12 through 15, an alternative embodiment for a
weather
barrier is shown, indicated generally by reference number 100.
[0031] Referring to FIG. 12, weather barrier 100 is used to for a
penetration that defines
an opening 12 in a building 14, which will generally be in the wall, and a
utility 16 in opening
12. As will be understood from the discussion below, weather barrier 100 may
be installed in
a similar fashion to weather barrier 10 discussed above. Referring to FIG. 14,
weather barrier
100 has a sheet of non-elastic material 102 and a sheet of elastomeric
material 110. Sheet of
material 102 has an outer perimeter 104 and an inner perimeter 106. Inner
perimeter 106
defines a central passage 108 that is larger than an outer diameter of utility
16. Sheet of
elastomeric material 110 is sealably attached to sheet of non-elastic material
102 at inner
perimeter 106, where sheet of elastomeric material 110 extends inward from
inner perimeter
106 and defines a central opening 112 that is smaller than the outer diameter
of utility 16.
[0032] Sheet of non-elastic material 102 is flexible, water resistant,
and air permeable,
such as TyvekTm, and sheet of elastomeric material 110 is capable of forming a
seal on utility
16. Preferably, sheet of elastomeric material 110 is an elastomer or rubber-
like material that
is sufficiently thin to be flexible and deformable without losing its
structural integrity. For
example, sheet of elastomeric material 110 may be moldable rubber or other
similar material
that is a few millimetres thick or less, depending on the strength and modulus
of elasticity of
the selected material. Referring to FIG. 13, sheets of non-elastic and
elastomeric material 102
and 110 are sufficiently flexible that, when disposed in a flat position,
sheet of non-elastic
material 102 defines a plane and sheet of elastomeric material 110 is parallel
to and in line

CA 02868595 2014-10-21
8
with the plane of sheet of material. Sheets 102 and 110 are also sufficiently
thin and flexible
to be easily manipulated by hand in various shapes, as is known for sheets of
weatherproofing
material and rubber sheets.
[0033] Sheet of elastomeric material 110 may be attached to sheet of non-
elastic material
in various ways, some of which are discussed above. Referring to FIG. 13, a
preferred
method includes molding elastomeric material that forms sheet 110 onto non-
elastic sheet
102. This may be done, for example, by forming holes or slots 114 in non-
elastic sheet 102
that elastomeric material is injected through to form an integral rivet-type
connection, as
shown.
[0034] Referring to FIG. 12 and 13, sheet of elastomeric material 110
preferably has a
uniform thickness as it extends inward from inner perimeter 106, although
other designs may
also be used, such as a ribbed shape with concentric circles, etc. Preferably,
sheet of
elastomeric material 110 is designed to properly seal against utility 16 when
installed and
opening 112 is sized to permit this. In some circumstances, opening 112 may be
significantly
smaller than utility 16, or may be only slightly smaller than utility 16,
depending on the type
of material selected. However, opening 112 will preferably be sized to
appropriately engage
and seal against utility 16. As can be seen in FIG. 12, sheet of elastomeric
material 110 will
generally curve outward as it engages and is pushed over utility 16.
[0035] Referring to FIG. 14, central passage 108 is circular as is
central opening 112.
Other shapes may be used, depending on the intended use and the shape of
utility 16, which
may or may not match the shape of central passage 108 and central opening 112.
For
example, a material with an appropriately selected modulus of elasticity may
be designed to
suit various shapes. Preferably, weather barrier 100 will be designed to
minimize
unnecessary stresses.
[0036] Referring to FIG. 15, weather barrier 100 may be provided to an
installer without
a central opening 112. In this situation, the installer is intended to form an
appropriately sized
central opening 112 that will fit the size of utility 16. This may be done
using an appropriate
hand tool, such as a punch with various sizes of dies, a knife with a template
to guide the

CA 02868595 2014-10-21
9
knife, various other cutting implements, guide lines for various sizes of
holes for opening 112
marked or printed on elastomeric material 110, etc. The various cutting tools
that may be
used are represented by scissors 120. This approach allows an installer to
have the necessary
materials without having to know the exact sizes of utilities 16 that will be
encountered.
[0037] In this
patent document, the word "comprising" is used in its non-limiting sense to
mean that items following the word are included, but items not specifically
mentioned are not
excluded. A reference to an element by the indefinite article "a" does not
exclude the
possibility that more than one of the element is present, unless the context
clearly requires that
there be one and only one of the elements.
[0038] The scope
of the following claims should not be limited by the preferred
embodiments set forth in the examples above and in the drawings, but should be
given the
broadest interpretation consistent with the description as a whole.

Representative Drawing
A single figure which represents the drawing illustrating the invention.
Administrative Status

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Administrative Status

Title Date
Forecasted Issue Date 2021-06-15
(22) Filed 2014-10-21
(41) Open to Public Inspection 2016-04-21
Examination Requested 2019-10-10
(45) Issued 2021-06-15

Abandonment History

There is no abandonment history.

Maintenance Fee

Last Payment of $100.00 was received on 2023-09-13


 Upcoming maintenance fee amounts

Description Date Amount
Next Payment if standard fee 2024-10-21 $347.00
Next Payment if small entity fee 2024-10-21 $125.00

Note : If the full payment has not been received on or before the date indicated, a further fee may be required which may be one of the following

  • the reinstatement fee;
  • the late payment fee; or
  • additional fee to reverse deemed expiry.

Patent fees are adjusted on the 1st of January every year. The amounts above are the current amounts if received by December 31 of the current year.
Please refer to the CIPO Patent Fees web page to see all current fee amounts.

Payment History

Fee Type Anniversary Year Due Date Amount Paid Paid Date
Application Fee $200.00 2014-10-21
Maintenance Fee - Application - New Act 2 2016-10-21 $50.00 2016-09-23
Maintenance Fee - Application - New Act 3 2017-10-23 $50.00 2017-09-27
Maintenance Fee - Application - New Act 4 2018-10-22 $50.00 2018-10-09
Request for Examination $400.00 2019-10-10
Maintenance Fee - Application - New Act 5 2019-10-21 $100.00 2019-10-10
Maintenance Fee - Application - New Act 6 2020-10-21 $100.00 2020-10-20
Final Fee 2021-04-22 $153.00 2021-04-22
Maintenance Fee - Patent - New Act 7 2021-10-21 $100.00 2021-10-21
Maintenance Fee - Patent - New Act 8 2022-10-21 $100.00 2022-09-22
Maintenance Fee - Patent - New Act 9 2023-10-23 $100.00 2023-09-13
Owners on Record

Note: Records showing the ownership history in alphabetical order.

Current Owners on Record
COSCARELLA, GABE
Past Owners on Record
None
Past Owners that do not appear in the "Owners on Record" listing will appear in other documentation within the application.
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Document
Description 
Date
(yyyy-mm-dd) 
Number of pages   Size of Image (KB) 
Maintenance Fee Payment 2020-10-20 1 33
Amendment 2020-04-06 6 143
Claims 2020-04-06 3 83
Final Fee 2021-04-22 3 74
Representative Drawing 2021-05-17 1 3
Cover Page 2021-05-17 1 28
Electronic Grant Certificate 2021-06-15 1 2,527
Maintenance Fee Payment 2021-10-21 1 33
Cover Page 2016-04-21 1 29
Abstract 2014-10-21 1 12
Description 2014-10-21 9 360
Claims 2014-10-21 3 83
Drawings 2014-10-21 7 52
Representative Drawing 2016-03-29 1 2
Maintenance Fee Payment 2018-10-09 1 33
Maintenance Fee Payment 2019-10-10 1 33
Request for Examination 2019-10-10 1 34
Claims 2015-04-22 3 94
Assignment 2014-10-21 3 82
Prosecution-Amendment 2015-04-21 6 146