Statement Regarding Disclosure Boundaries and Fixed Filing Record
(Record Clarification Under 35 U.S.C. §§ 132(a) and 112(a))
I. Governing Principle
Under 35 U.S.C. § 132(a), new matter may not be introduced into a patent application after its filing date.
Under 35 U.S.C. § 112(a), the written-description requirement mandates that the specification demonstrate possession of the claimed subject matter as of the filing date.
The disclosure of a patent application is fixed as of its filing date. Patent rights attach only to subject matter that is expressly or inherently disclosed in the originally filed specification.
Chronology controls. The filing date fixes the disclosure record.
II. Chronological Record
- April 24, 2017 — Filing of the application later granted as U.S. Patent No. 10,329,758 (Margalit).
- July 11, 2018 — Priority date asserted in Application No. 17/258,552, later issued as U.S. Patent No. 11,885,124.
These dates are matters of public record and establish the chronological boundary between the respective disclosures.
III. Disclosure in the April 24, 2017 Margalit Filing
(U.S. Patent No. 10,329,758)
The originally filed specification expressly states:
“horizontal and vertical flow of heat radiating through finished sheet rock wall assembly”
The specification further addresses:
- Heat radiating through finished interior sheetrock
- Interior surface temperature conditions
- Condensation behavior at the enclosure boundary
- The relationship between bonded assembly structure and interior radiant heat behavior
These disclosures appear in the originally filed 2017 document.
The disclosure date is fixed as April 24, 2017.
IV. Disclosure in the July 11, 2018 VEEV Filing
(Application No. 17/258,552; U.S. Patent No. 11,885,124)
The originally filed specification describes:
- Frame structures and panels
- Differential thermal expansion coefficients
- Mechanical adapters
- Spacers, buffers, and gap management
- Accommodation of expansion and contraction
- Optional thermal conductive sheets and fluid tubes configured for heat dispersion
The originally filed VEEV specification does not include:
- “Heat radiating through finished sheet rock”
- Heat radiating through interior sheetrock finishes
- A bonded inward-facing diaphragm functioning as a radiant moderator at the enclosure boundary
- Express discussion of interior radiant heat behavior at the enclosure boundary
Those disclosures do not appear in the originally filed specification of Application No. 17/258,552.
V. Conclusion
The April 24, 2017 Margalit filing contains express disclosure of interior radiant heat behavior through finished sheetrock at the enclosure boundary.
The July 11, 2018 VEEV filing does not contain that disclosure in its originally filed specification.
Under 35 U.S.C. § 132(a) and 35 U.S.C. § 112(a), subject matter not disclosed as of the filing date cannot later be supplied while retaining that priority date, and claims must be supported by the written description as originally filed.
Where granted claims extend beyond the subject matter disclosed in the originally filed specification, those claims exceed the fixed disclosure record and cannot be sustained.
Patent validity is bounded by what was disclosed on the filing date.
Chronology and disclosure define the permissible scope of patent rights.
