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 .
Response to Amendment
The following office action is in response to the amendment filed on July 24, 2026. Upon further consideration and in light of newly discovered prior art, the previous indication of allowable subject matter is hereby withdrawn. The finality of the previous office action is also hereby withdrawn, and a new non-final rejection is set forth below. Claims 1 and 5-20 are pending. Claims 1 and 5-20 stand rejected as set forth below.
Claim Rejections - 35 USC § 103
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
3. 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.
4. Claim(s) 1, 5-13, 15-16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conrow (2025198) in view of Fisher (US 2016/0082705).
In regard to claim 1, Conrow discloses a fenestration apparatus comprising, at least one glass pane 15 or 15x, fig. 2, a frame 17, 18 configured perimetrically around a corresponding perimetrical edge of the at least one glass pane, a seal 22 configured between the frame and the at least one glass pane, and an attachment member on the frame, wherein the attachment member is configured to be removably fixable to an existing window, wherein the attachment member is configured to define a gap between the frame, the at least one glass pane, and the existing window, wherein the attachment member comprises a compression member 19 (the examiner contends that seals are inherently at least somewhat compressible because that is what gives them their sealing capability) that is removably attached via a compression fit and configured to retain the fenestration apparatus on the existing window, and wherein the attachment member further comprises a mechanical attachment member 31’, wherein the mechanical attachment member is configured to cooperate in mating engagement with a corresponding fenestration assembly. Conrow does not specifically disclose that the glass pane comprises a laminate, wherein the laminate has a thickness of not greater than 3 mm, wherein the laminate comprises a first glass layer a second glass layer, and an interlayer configured between the first glass layer and the second glass layer to attach the first glass layer to the second glass layer, wherein one or more of the first glass layer and the second glass layer has a thickness of less than 1 mm;
Fisher discloses an apparatus, comprising: at least one glass pane 10 comprising a laminate, (Fig 1), wherein the laminate has a thickness of not greater than 3 mm, wherein the laminate comprises a first glass layer 12 a second glass layer 14, and an interlayer 16 configured between the first glass layer and the second glass layer to attach the first glass layer to the second glass layer, wherein one or more of the first glass layer and the second glass layer has a thickness of less than 1 mm (Fig 1), (Par 0011). Examiner wants to note that Fisher discloses “at least one of the two glass sheets may have a thickness not exceeding 1 mm” and “the thickness of the interlayer may have a thickness in a range from about 0.38 mm to about 2 mm, or from about 0.76 mm to about 0.81 mm” thus the laminate can have a thickness of not greater than 3 mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute Fisher’s glass pane for Conrow’s glass pane because Fisher’s glass pane will have a higher degree of thermal and acoustic protection for the interior of the building than that of Conroe. Therefore, Fisher’s pane will be more energy efficient than Conrow’s window pane.
In regard to claim 5, Conrow in view of Fisher disclose the basic claimed invention, wherein the frame is configured with a base 17, capable of being configured to retain on an existing window frame and/or alongside an existing window frame assembly (Fig 2).
In regard to claim 6, Conrow in view of Fisher disclose the basic claimed invention, wherein the frame is configured with at least two upward extensions along the perimetrical edge of the glass laminate, the at least two upward extensions comprising a first extension configured alongside the first glass layer 11 and a second extension configured alongside the second glass layer 12 (Figure 4). The examiner would like to point out that the upward extensions are the portions of the frame 17 and 18 that are adjacent to the pane as shown in the enlarged view in figure 4.
In regard to claim 7, Conrow in view of Fisher disclose the basic claimed invention, wherein the existing window comprises an adjacent perimetrical ledge/extension (Fig 1).
In regard to claims 8 and 9, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses the first glass layer 12 and the second glass layer is less than 1 mm thick (Par 0011), but does not disclose is less than 0.9 mm thick. However, it would have been an obvious matter of design choice to modify the first and second glass layer to have the thickness as claimed, since such a modification would have involved a mere change in the thickness of the first and second glass layers according to the desired structural capabilities of the fenestration apparatus. A change in thickness is generally recognized as being within the level of ordinary skill in the art.
In regard to claim 10, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses the interlayer 16 comprises a thickness of not greater than 2.5 mm (Par 0011).
In regard to claim 11, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses the interlayer 16 comprises a polymer (Par 0011).
In regard to claim 12, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses the interlayer 16 comprises an ionomer (Par 0011).
In regard to claim 13, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses the interlayer 16 comprises a polyvinyl butyral (PVB), (Par 0011).
In regard to claim 15, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses the interlayer is an acoustic dampening polymer configured for noise reduction (Par 0070).
In regard to claim 16, Conrow in view of Fisher disclose the basic claimed invention, wherein Conrow teaches that the fenestration apparatus is a removable secondary glazing assembly.
In regard to claim 18, Conrow in view of Fisher disclose the basic claimed invention, wherein the modified fenestration apparatus would pass a safety test as set out in ANSI Z97.1 or EN 12600 standard, when measured in accordance with the standard. Examiner concludes this because the fenestration apparatus of Conrow in view of Fisher would have the same structure of Applicant’s claimed invention. Therefore, it will be able to perform in the same manner.
In regard to claim 19, Conrow in view of Fisher disclose the basic claimed invention, wherein Fisher discloses at least one of the first glass layer and the second glass layer is a chemically strengthened glass (Par 0010).
In regard to claim 20, Conrow in view of Fisher disclose the basic claimed invention, wherein Conrow discloses a second glass pane 15y is disposed in spaced relation from the at least one glass pane 15x.
Claim(s) 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Conrow (2025198) in view of Fisher (US 2016/0082705) and further in view of Akiyama (11472161).
In regard to claim 14, Conrow in view of Fisher disclose the basic claimed invention, but do not specifically disclose that the laminate comprises a coating on at least one of: a. a first major surface of the first glass layer, b. a second major surface of the second glass layer, and c. both the first major surface of the first glass layer and the second major surface of the second glass layer. However, Akijama discloses the laminate comprises a coating 21 on at least one of: a. a first major surface of the first glass layer, b. a second major surface of the second glass layer, and c. both the first major surface of the first glass layer and the second major surface of the second glass layer (Fig 3), (Col 9, Lines 63-66). Therefore, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the laminate of Conrow in view of Fisher to include a coating as taught by Akiyama, in order to provide scratch protection. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
In regard to claim 17, Conrow in view of Fisher disclose the basic claimed invention, but do not specifically disclose that the interlayer is a tinted polymer. However, Akiyama discloses the interlayer 16 is a tinted polymer (Col 9, Lines 24-25). Therefore, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the laminate of Conrow in view of Fisher to include a tinted polymer as taught by Akiyama, in order to provide a design pattern or privacy. Such a combination, to one of ordinary skill in the art, would have a reasonable expectation of success, and would be based on ordinary skill and common sense before the effective filing date of the claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 5-20 have been considered but are moot because of the newly discovered prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian E Glessner whose telephone number is (571)272-6754. The examiner can normally be reached Monday to Friday 8:00 to 4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Namrata Boveja can be reached at 571-272-8105 The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN E GLESSNER/Supervisory Patent Examiner, Art Unit 3633
Prosecution Insights