DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgment is made of the amendment filed 10/03/25 and 09/30/25. Accordingly the application has been amended.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 44,47,49,56,58-63 is/are rejected under 35 U.S.C. 102a1 as being anticipated by McDaniel (8230646).
Claim 44. McDaniel discloses a sill configuration of a framework assembly, the framework assembly including a movable sash configuration and a fixed sash configuration and configured for mounting in an opening of a building construction, the bottom of the opening being defined by a base of the building construction (as noted in the figures and disclosure), the sill configuration comprising:
a sill base that defines a sill base surface having a planar surface portion that is configured to be disposed in opposing relationship with the base of the building construction while the framework assembly is mounted in the opening of the building construction:
a sill compensator mounting surface (the upper surface of the nub portion as noted in the annotated figure below) that is spaced apart from the sill base surface (where it is above the base surface on an opposite side of the base, spaced apart by the thickness of the sill base and spaced apart laterally by the transitional wall) and that is configured to support a sill compensator;
a shoulder defining a plug-supporting surface (as seen in the annotated figure below); and
a transitional wall that extends between the plug supporting surface and the sill compensator mounting surface (as seen in the annotated figures below);
wherein:
the sill configuration is configured for co-operation with the movable sash configuration and the fixed sash configuration such that: the movable sash configuration and the fixed sash configuration are mountable to the sill configuration (as noted in the figures and disclosure); and
while the movable sash configuration and the fixed sash configuration are mounted to the sill configuration: (i) the movable sash configuration is slidable, relative to the sill configuration, and (ii) the movable sash configuration, the fixed sash configuration, and the sill configuration are co-operatively disposed such that a space is defined between the movable sash configuration, the fixed sash configuration, and the sill configuration, and (iii) the plug supporting surface of the shoulder is configured for supporting a plug for disposition in the space; and
while the framework assembly is mounted in the opening of the building construction,
the plug-supporting surface is elevated relative to the sill compensator mounting surface (as seen in figures 2D, 4);
the sill compensator mounting surface is disposed above the sill base surface (where is an upward facing surface of the nub portion that is above the sill base surface as noted in the annotated figures below); and
the planar surface portion of the sill base surface is disposed in opposing relationship with the base of the building construction (as seen in at least figure 4).
Claim 47. The sill configuration of claim 44, wherein the transitional wall defines a transitional wall surface extending vertically (as seen in the annotated figure below), while the assembly is mounted in the opening of the building construction.
Claim 49. The sill configuration of claim 44, wherein the sill base, the sill compensator mounting surface, and the shoulder are of unitary one piece construction (as seen in the figures and noted in the disclosure).
Claim 50. The sill configuration of claim 44, wherein, while the assembly is mounted in the opening of the building construction, the sill compensator mounting surface is inclined such that fluid disposed on the sill compensator mounting surface is encouraged by gravitational forces away from an inside of the building (as seen in the figures).
Claim 51.The sill configuration of claim 44, wherein the plug supporting surface defines a horizontal planar surface while the assembly is mounted in the opening of the building construction (as seen in figure 4).
Claim 52. The sill configuration of claim 44, wherein the plug supporting surface defines an inclined planar surface (at 17) while the assembly is mounted in the opening of the building construction, such that fluid disposed on the plug supporting surface is encouraged by gravitational forces to flow away from an inside of the building.
Claim 53. McDaniel discloses a framework assembly configured for mounting in an opening of a building construction, the bottom of the opening being defined by a base of the building construction (as noted in the figures and disclosure), comprising:
a movable sash configuration (including 12);
a fixed sash configuration (including 14);
a plug configuration, the plug configuration comprising at least one plug (20);
a sill configuration comprising:
a sill base that defines a sill base surface having a planar surface portion that is configured to be disposed in opposing relationship with the base of the building construction while the framework assembly is mounted in the opening of the building construction:
a sill compensator mounting surface (the upper surface of the nub portion as noted in the annotated figure below) that is spaced apart from the sill base surface (where it is above the base surface on an opposite side of the base, spaced apart by the thickness of the sill base and spaced apart laterally by the transitional wall) and that is configured to support a sill compensator;
a shoulder defining a plug-supporting surface (as noted in the annotated figure below);
a transitional wall that extends between the plug supporting surface and the sill compensator mounting surface (as seen in the annotated figures below);
wherein: the sill configuration, the movable sash configuration, the fixed sash configuration, and the plug configuration are co-operatively configured such that: the movable sash configuration and the fixed sash configuration are mounted to the sill configuration (as seen in figure 4);
while the movable sash configuration and the fixed sash configuration are mounted to the sill configuration: (i) the movable sash configuration is slidable, relative to the sill configuration, and (ii) the movable sash configuration, the fixed sash configuration, and the sill configuration are co-operatively disposed such that a space is defined between the movable sash configuration, the fixed sash configuration, and the sill configuration, (iii) the plug configuration is supported by the plug supporting surface of the shoulder such that the plug configuration is disposed in the space (as seen in figure 4), such that the plug configuration interferes with ingress of debris through the space; and
while the framework assembly is mounted in the opening of the building construction,
the plug-supporting surface is elevated relative to the sill compensator mounting surface (as seen in figures 2D, 4);
the sill compensator mounting surface is disposed above the sill base surface (where is an upward facing surface of the nub portion that is above the sill base surface as noted in the annotated figures below); and
the planar surface portion of the sill base surface is disposed in opposing relationship with the base of the building construction (as seen in at least figure 4).
Claim 56. The framework assembly of claim 53, wherein the transitional wall defines a transitional wall surface extends vertically while the framework assembly is mounted in the opening of the building construction (as noted in the figure 4).
Claim 58. The framework assembly of claim 53, wherein the shoulder and, the sill base, and the sill compensator mounting surface are of unitary one piece construction (as noted in the figures and disclosure).
Claim 59. The framework assembly of claim 53, wherein, while the assembly is mounted in the opening of the building construction, the sill compensator mounting surface is inclined such that fluid disposed on the sill compensator mounting surface is encouraged by gravitational forces away from an inside of the building (as seen in figure 4).
Claim 60. The framework assembly of claim 53, wherein the plug supporting surface defines a horizontal planar surface while the framework assembly is mounted in the opening of the building construction (as seen in figure 4).
Claim 61. The framework assembly of claim 53, wherein the plug supporting surface defines an inclined planar surface (at 17) while the framework assembly is mounted in the opening of the building construction, such that fluid disposed on the plug supporting surface is encouraged by gravitational forces to flow away from an inside of the building.
Claim 62. The framework assembly of claim 53, further comprising a sealing configuration (45) connected to the fixed sash, wherein: while the plug configuration is disposed in the space: the plug of the plug configuration is disposed, relative to the fixed sash configuration, such that a side surface of the plug is offset from the fixed sash configuration; and
the sealing configuration and the plug are co-operatively configured to define a debris ingress interfering interface between the sealing configuration and the side surface of the plug to interfere with ingress of debris through the space (as noted in the disclosure).
Claim 63. McDaniel discloses a kit for a framework assembly configured for mounting in an opening of a building construction, a bottom portion of the opening being defined by a base of the building construction (as noted in the disclosure), comprising:
a movable sash configuration (including 12);
a fixed sash configuration (including 14);
a sill configuration comprising:
a sill base that defines a sill base surface having a planar surface portion that is configured to be disposed in opposing relationship with the base of the building construction while the framework assembly is mounted in the opening of the building construction:
a sill compensator mounting surface (the upper surface of the nub portion as noted in the annotated figure below) that is spaced apart from the sill base surface (where it is above the base surface on an opposite side of the base, spaced apart by the thickness of the sill base and spaced apart laterally by the transitional wall) and that is configured to support a sill compensator;
a shoulder defining a plug-supporting surface (as seen in the annotated figure below);
a transitional wall that extends between the plug supporting surface and the sill compensator mounting surface (as seen in the annotated figures below);
wherein:
the sill configuration is configured for co-operation with the movable sash configuration and the fixed sash configuration such that: the movable sash configuration and the fixed sash configuration are mountable to the sill configuration (as noted in the annotated figure below); and
while the movable sash configuration and the fixed sash configuration are mounted to the sill configuration: (i) the movable sash configuration is slidable, relative to the sill configuration, and (ii) the movable sash configuration, the fixed sash configuration, and the sill configuration are co-operatively disposed such that a space is defined between the movable sash configuration, the fixed sash configuration, and the sill configuration, and (iii) the plug supporting surface of the shoulder is configured for supporting a plug for disposition in the space (as noted in the annotated figure below); and
while the framework assembly is mounted within the opening of the building construction,
the plug-supporting surface is elevated relative to the sill compensator mounting surface (as seen in figures 2D, 4);
the sill compensator mounting surface is disposed above the sill base surface (where is an upward facing surface of the nub portion that is above the sill base surface as noted in the annotated figures below); and
the planar surface portion of the sill base surface is disposed in opposing relationship with the base of the building construction (as seen in at least figure 4).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 46,48,55,57 is/are rejected under 35 U.S.C. 103 as being unpatentable over McDaniel (8230646).
Claims 46,55. Mc Daniel discloses the sill configuration of claims 44,53, wherein the transitional wall defines a transitional wall surface (as noted in the annotated figures above) that is disposed at an angle that appears close to 95 degrees (as seen in figure 4), but does not expressly disclose the angle having a minimum value of at least 95 degrees relative to the sill compensator mounting surface.
Applicant has not disclosed that having the angle at minimum value of at least 95 degrees solves any stated problem or is for any particular purpose. Moreover, it appears that the angle of McDaniel, or applicant’s invention, would perform equally well.
Accordingly, it would have been prima facie obvious to one of ordinary skill in the art at the time the invention was filed to have modified McDaniel such that the angle have a minimum value of at least 95 degrees relative to the sill compensator because such a modification would have been considered a mere design consideration which fails to patentably distinguish over McDaniel.
Claims 48,57. McDaniel discloses the sill configuration of claims 44,53 wherein the transitional wall defines a transitional wall surface (as seen in the annotated figure below), and while the assembly is mounted in the opening of the building construction, wherein an acute angle defined between the transitional wall surface and a vertical plane (as seen in figure 4), but does not expressly disclose that the acute angle has a maximum value of 45 degrees.
Applicant has not disclosed that having the angle have a maximum value of 45 degrees solves any stated problem or is for any particular purpose. Moreover, it appears that the angle of McDaniel, or applicant’s invention, would perform equally well.
Accordingly, it would have been prima facie obvious to one of ordinary skill in the art at the time the invention was filed to have modified McDaniel such that the acute angle has a maximum value of 45 degrees because such a modification would have been considered a mere design consideration which fails to patentably distinguish over McDaniel.
Response to Arguments
Applicant's arguments filed 10/3/25 and 9/30/25 have been fully considered but they are not persuasive. Applicants arguments are drawn to the newly added claim limitations not previously considered. As noted in the rejection above, the prior art does disclose the claimed invention.
Conclusion
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 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571.270.3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635