DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-3, 5-12 are pending.
Claim 4 is cancelled.
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) 1-3, 5-6, 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hildreth (US 11,746,587) in view of Speer et al (“Speer”) (US 4,476,653).
Re claim 1, Hildreth discloses a sill leveling device (10 being capable of leveling a sill, as this is directed to the intended use) securing a door or window frame member (20) to a substructure (28), comprising:
an adjuster plate (12) having a female threaded through hole (which receives 26) therein and configured to be secured (Fig. 10) to the door or window frame member (20);
an adjustment screw (26) for threadedly engaging (Fig. 10) the female threaded through hole (of 74, which receives 26) of the adjuster plate (12), the adjustment screw (26) having a through hole (32) therein; and
a locking screw (34) for securing (Fig. 10) the adjuster plate (12) to the substructure (28), the locking screw (34) passing through (Fig. 10) the through hole (32) of the adjustment screw (26) and being screwed to (Fig. 10) the substructure (28),
wherein a distance (Claim 1) between the door or window frame member (20) and the substructure (28) is adjusted (Claim 1) by rotatably adjusting (Col 4 lines 11-24) the adjustment screw (26) with a distal end thereof (Fig. 10, left end of 26) abutted against (Fig. 10) the substructure (28),
but fails to disclose a thermal breaker disposed between the adjuster plate and the door or window frame member and contacting the door or window frame member, the thermal breaker providing a thermal barrier between the adjuster plate and the door or window frame member.
However, Speer discloses a thermal breaker (20; Col 1 lines 40-41 disclosing 20 as compressible plastic, a known thermally breaking material) disposed between the adjuster plate (12) and the door or window frame member (4) and contacting (Fig. 3) the door or window frame member (4), the thermal breaker (20) providing a thermal barrier (Col 1 lines 40-41 disclosing 20 as compressible plastic, a known thermal barrier material) between the adjuster plate (12) and the door or window frame member (4).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sill leveling device of Hildreth with a thermal breaker disposed between the adjuster plate and the door or window frame member and contacting the door or window frame member, the thermal breaker providing a thermal barrier between the adjuster plate and the door or window frame member as disclosed by Speer in order to prevent moisture intrusion (Col 2 lines 3-7)
Re claim 2, Hildreth as modified discloses the sill leveling device of claim 1, wherein the female threaded through hole (which receives 26) in the adjuster plate (12) is axially aligned with (Fig. 10) the through hole (32) in the adjustment screw (26)
Re claim 3, Hildreth as modified discloses the sill leveling device of claim 1, wherein the adjuster plate (12) includes a plate portion (see examiner comments) and a protruding portion (see examiner comments), the protruding portion (see examiner comments) being received in (Fig. 10) the door or window frame member (20).
Re claim 5, Hildreth as modified discloses a sill leveling assembly (Fig. 1), comprising a plurality of sill leveling devices (10, see Fig. 11) of claim 1 (see above) spaced along a length (Fig. 11) of the door or window frame member (28).
Re claim 6, Hildreth as modified discloses a sill leveling assembly (Fig. 1), comprising a plurality of sill leveling devices (10) of claim 1 (see above) and a plurality of door or window frame members (20) located adjacent each other (Fig. 11), the sill leveling devices (10) respectively being spaced along a length (Fig. 11) of two of the door or window frame members (jambs 20), but fails to disclose the sill leveling devices spaced along a length of each of the plurality of door or window frame members (in other words, a plurality of 10 are not disposed on top element 20).
However, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify the leveling assembly of Hildreth to have the sill leveling devices spaced along a length of each of the plurality of door or window frame members (in other words, multiple also on top 20) in order to increase the range of adjustment and leveling through use of additional shims on the header. In addition, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
Re claim 8, Hildreth as modified discloses the sill leveling device according to claim 1, wherein the adjuster plate (12) is secured external to (Fig. 10, at the protruding part being external thereto) the door or window frame member (20).
Re claim 9, Hildreth as modified discloses the sill leveling device according to claim 1, Speer discloses wherein the thermal breaker (20) is directly between (Fig. 3) the adjuster plate (12) and the door or window frame member (4) and in direct contact with (Fig. 3) each of the adjuster plate (12) and the door or window frame member (4).
Re claim 10, Hildreth as modified discloses the sill leveling device according to claim 9, wherein the adjuster plate (12) includes, integrally formed as a single part (Fig. 1), a plate portion (see examiner comments) and a protruding portion (see examiner comments), the protruding portion (see examiner comments) being received in (Fig. 10) the door or window frame member (20).
Re claim 11, Hildreth as modified discloses the sill leveling device according to claim 10, Speer discloses wherein the thermal breaker (20) is directly between (Fig. 3) the adjuster plate (12) and the door or window frame member (4) and in direct contact with (Fig. 3) each of the adjuster plate (12) and the door or window frame member (4).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hildreth (US 11,746,587) in view of Speer et al (“Speer”) (US 4,476,653) and Johansson (US 3,667,338).
Re claim 7, Hildreth as modified discloses the sill leveling device according to claim 3, but fails to disclose wherein an entirety of the protruding portion is within an opening in the door or window frame member.
However, Johansson discloses wherein an entirety of the protruding portion (5) is within an opening (within 10) in the door or window frame member (10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sill leveling device of Hildreth wherein an entirety of the protruding portion is within an opening in the door or window frame member as disclosed by Johannson in order to allow for flush mounting on either side of the frame member (as the protruding portion would no longer protrude outward from the frame member), or to reduce the size/material of the adjuster plate (saving costs), as all portions would no longer be disposed / required exterior to the frame member.
Allowable Subject Matter
Claim(s) 12 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner Comments
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769
648
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Response to Arguments
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive. At the outset, it is confirmed (as per the 6/16/26 Interview) that the amendments overcame the rejection as previously written. However, the claimed features of the thermal breaker are disclosed as in the newly relied upon Speer, discussed above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
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