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 .
Claim Objections
Claims 54-62 and 64-65 are objected to because of the following informalities: Claims 54-56, 58-62, and 64-65 are dependent upon cancelled claim 1. Claim 57 is dependent upon cancelled claim 4. For purposes of compact prosecution, the examiner will examiner claims 54-56, 58-62, and 64-65 as being dependent upon claim 53 and claim 57 as being dependent upon claim 56. The applicant needs to amend the claim dependency in response to this office action. Appropriate correction is required.
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) 53-61 and 64-66 are rejected under 35 U.S.C. 103 as being unpatentable over Wexler (US2018/0347258) in view of Butler et al. (2011/0283637) OR Cho (2014/0352239).
In regard to claim 53, Wexler discloses a supplemental window apparatus (fig. 21P) comprising: a substantially non porous sheet (856(1)); and an edge seal (fig. 21P, 858(1)) configured to contact at least one of a windowpane and a first window element when the supplemental window apparatus is mounted to the window, wherein the substantially non porous sheet has a sheet area substantially similar to a windowpane area defined by the interior surfaces of the first window element. Wexler does not specifically disclose a stiffener attached to each edge portion of the sheet, the stiffener having a dimension perpendicular to the windowpane, when the supplemental widow apparatus is mounted to a window having the windowpane, that is about the same or less than an outward surface dimension of the edge portion that is perpendicular to the windowpane when the supplemental window apparatus is mounted to the window.
Butler teaches that it is known to provide a supplemental window apparatus (fig. 12) having a stiffener 84-87 attached to each edge portion of a sheet, wherein the stiffener has a dimension perpendicular to a windowpane that is about the same or less than an outward surface dimension of the edge portion that is perpendicular to the windowpane. The members are slats that have approximately the same thickness as the remainder of the panel.
Cho teaches that it is known to provide a supplemental window apparatus (figs. 1, 2, and 6) having a stiffener 130 attached to each edge portion of a sheet 160, wherein the stiffener has a dimension perpendicular to a windowpane that is about the same or less than an outward surface dimension of the edge portion that is perpendicular to the windowpane (see fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a stiffening means into Wexler’s invention, because the use of a stiffening means along the edges of the sheet 856(1) will allow the sheet to be more rigid and flex less after it is installed. The stiffeners will increase the bending stiffness of the panel.
In regard to claim 54, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, Wexler appears to disclose that the edge seal has a cross-sectional dimension smaller than the sheet thickness (fig. 21F, 860(2), 856(1)), however it would have been obvious to one having ordinary skill in the art before the effective filing date of the application to make the cross-sectional dimension of the edge seal smaller than the sheet thickness to save material and make the edge seal creasable.
In regard to claim 55, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, Wexler discloses that the seal is creased/folded (fig. 21P, 858(1)).
In regard to claim 56, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, Wexler discloses a corner closure (fig. 21P, 852).
In regard to claim 57, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein Wexler discloses that the corner closure comprises a spacer (852 creates a space between 842 and the pane 846).
In regard to claim 58, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein Wexler discloses the obviousness of adding a flap (fig. 21G, 870) to an edge portion of the sheet for adding sheet rigidity and adding additional surfaces for end user to grip the frameless window apparatus (see Wexler [0174]).
In regard to claim 59, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, Wexler discloses a constraint (fig. 21P, 842) configured to be attached to a windowpane constraint at a corner area of a first window element of an existing window, the corner area defined by interior surfaces of the first window element (848) holding the windowpane (846).
In regard to claim 60, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, Wexler discloses that the stiffener is located between the sheet and the windowpane (fig. 21P, 932 is between sheet 856(1) and windowpane 846). Cho teaches that the stiffener would end up being located between the sheet and the windowpane.
In regard to claim 61, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, once incorporated, the stiffener (fig. 21P, 932) would be located outward from the sheet (856(1)) and substantially perpendicular to the windowpane (846) because it would have been obvious to place the stiffener along the edge where 930 and 932 are located so that the stiffener provided stiffness to the edge of the sheet.
In regard to claim 64, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein Wexler discloses the obviousness of adding a cutout brace (fig. 5D, 122) at an edge of the sheet to strengthen the corner of the supplemental window apparatus [0091].
In regard to claims 65-66, Wexler in view of Butler or Cho disclose the basic claimed invention, wherein, Wexler discloses the obviousness of creating a flap from the sheet and cutting a notch out of the flap to aid with bending of the sheet during mounting or dismounting of the supplemental window apparatus [0175].
Claim(s) 62-63 are rejected under 35 U.S.C. 103 as being unpatentable over Wexler (US2018/0347258) in view of Butler et al. (2011/0283637) OR Cho (2014/0352239) and further in view of Brown et al. (US2015/0060648).
In regard to claims 62-63, Wexler in view of Butler or Cho disclose the basic claimed invention, except for specifically disclosing an active device comprising one of an electrochromic device, polymer dispersed liquid crystal device, or a solar cell array device.
Brown et al. discloses a supplemental window apparatus (fig. 2B) comprising an active device, wherein the active device is an electrochromic device [0039].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to add an electrochromic device to the supplemental window apparatus of Wexler as made obvious by Brown et al. to increase the privacy properties of the window apparatus and add UV protection and aesthetic appeal to the window apparatus.
Claim(s) 67-68 are rejected under 35 U.S.C. 103 as being unpatentable over Wexler (US2018/0347258) in view of Barnes (20110214390).
In regard to claim 67, Wexler discloses a supplemental window apparatus (fig. 13A-C) comprising: a substantially non porous sheet (419); a cutout brace (420) at a sheet edge; the cutout brace attached to the sheet edge in the region of the sheet; a constraint (416) configured to be attached to a windowpane constraint at a corner area of a first window element (412) of an existing window, the corner area defined by interior surfaces of the first window element holding the windowpane (414), wherein the substantially non porous sheet has a sheet area substantially similar to a windowpane area defined by the interior surfaces of the first window element. Wexler does not specifically teach the use of a cutout in a region of the sheet configured to be located near an encroaching window hardware component of a window when the supplemental window is mounted on the window; or that the cutout brace is located in an area comprising the cutout. Barnes teaches that it is known to provide cutouts to make space for hardware [0016]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a cutout region in Wexler’s invention in order to accommodate any window hardware that may need to be covered or accommodated because cutouts are notoriously well-known in the art as taught be Barnes. They allow space so that one element can fit securely against another without having to remove the hardware.
In regard to claim 68, Wexler in view of Barnes disclose the basic claimed invention, further including an edge seal (421).
Response to Arguments
The arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
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/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633
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