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 1-25 are cancelled.
Claims 26-45 are pending.
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) 26-30, 32, 35-38, 40-41, 43-45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anastasi (US6,244,001) in view of Knipper (US 3,465,485).
Re claim 26, Anastasi discloses a method (Col 2 line 26; Fig. 3) comprising:
positioning (Fig. 3 showing 90 positioned) a window frame (90) within a window opening (Col 2 lines 51-52) of a building component (60), wherein the window frame (90) comprises a front face (92), a rear face (94), and an edge surface (96) extending between the front face (92) and the rear face (94), wherein the edge surface (96) is perpendicular to (Fig. 3) the front face (92) and the rear face (94);
forming (Fig. 3 showing the space between 90 and 68 formed) a void (between 68 and 90) between the edge surface (96) of the window frame (90) and the building component (60), wherein the void (between 68 and 90) surrounds the window frame (90);
wherein barrier material (85; the backer rod of Col 3 line 4-7) is placed within a gap (the whole gap between 68 and 90) between the edge surface (96) of the window frame (90) and a surface (surface of 68) of the building component (68) to form a boundary (of the backer rod) of the void (between 60 and 90), wherein the edge surface (96) of the window frame (90) and the surface (surface of 68) of the building component (60) are opposing surfaces (Fig. 3), wherein at least part of the opposing surfaces (surface of 68, 96) form other boundaries (Fig. 3, left/right boundaries thereof) of the void (between 96 and 68), and wherein the void (between 96 and 68) is defined by the boundary (Fig. 3) and the other boundaries (Fig. 3, left/right boundaries thereof) and an open end (at 85, opening into the void);
filling (Fig. 3 showing 108 filling) the void (between 96 and 68) with a settable adhesive sealant (108; caulking), up to the open end (at the entrance to the void; Fig. 3) of the void (between 96 and 68);
wherein the settable adhesive sealant (108), once set (Fig. 3), provides a continuous seal (via 108) that surrounds (Fig. 3) the window frame (90) and supports (Fig. 3) the window frame (90) within the window opening (Col 2 lines 51-52),
but fails to disclose the building component as a precast building component, wherein the building component comprises solidified settable material.
However, Knipper discloses the building component (32) as a precast building component (Col 3 lines 14-28), wherein the building component (23) comprises solidified settable material (Col 3 lines 14-28 disclosing concrete).
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 method of Anastasi with the building component as a precast building component, wherein the building component comprises solidified settable material as disclosed by Knipper in order to utilize a readily available, inexpensive, durable, long lasting, strong material, as concrete (precast, settable materials) are extremely well-known and common in the art.
Re claim 27, Anastasi as modified discloses a method as claimed in claim 26, wherein the seal (85) provides a hermetic seal (Col 1 lines 42-47) between the window frame (90) and the precast building component (60).
Re claim 28, Anastasi as modified discloses a method as claimed in claim 26, wherein the precast building component (60) is laid flat (Fig. 2 shows 60 as flat, as the language does not require any particular orientation) whilst the window frame (60) is positioned (Fig. 3) and whilst the void (between 68 and 96) is filled with the settable adhesive sealant (108).
Re claim 29, Anastasi as modified discloses a method as claimed in claim 26, wherein the precast building component (60) is stood up (Fig. 3, as the language does not require any particular orientation) whilst the window frame (90) is positioned (Fig. 3) and whilst the void (between 68 and 96) is filled with the settable adhesive sealant (108), wherein additional void boundaries (left/right walls of 96 and 68) are provided to prevent the settable adhesive sealant (108) escaping the void (between 96 and 68).
Re claim 30, Anastasi as modified discloses a method as claimed in claim 26, wherein one or more brackets (10) are fitted to the window frame (90) and the precast building component (60) to provide additional support (Fig. 3) to support (Fig. 3) the window frame (90) within the window opening (Col 2 lines 51-52).
Re claim 32, Anastasi as modified discloses a method as claimed in claim 26, but fails to disclose wherein the void is filled by filling the settable adhesive sealant up to be level with a face of the precast building component.
However, 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 method of Anastasi wherein the void is filled by filling the settable adhesive sealant up to be level with a face of the precast building component in order to provide better aesthetics and or aesthetic appeal, or to increase sealant used providing better insulative properties.
Re claim 35, Anastasi as modified discloses a method as claimed in claim 26, Knipper discloses wherein the solidified settable material (32) is cementitious (Col 3 lines 14-28 disclosing concrete).
Re claim 36, Anastasi discloses a building component (60) and window frame system (90), comprising:
a building component (60) and a window opening (Col 2 lines 51-52);
a window frame (90) supported within the window opening (Col 2 lines 51-52), wherein the window frame (90) comprises a front face (92), a rear face (94), and an edge surface (96) extending between the front face (92) and the rear face (94), wherein the edge surface (96) is perpendicular to (Fig. 3) the front face (92) and the rear face (94);
wherein the window frame (90) is surrounded by (Fig. 3) a continuous seal (via 85), wherein the continuous seal (via 85) supports (Fig. 3) the window frame (90) within the window opening (Col 2 lines 51-52);
wherein the continuous seal (via 85) comprises a settable adhesive sealant (108) that has set within a gap (the gap at between 68 and 96) between the edge surface (96) of the window frame (90) and a surface (surface of 68) of the building component (68), wherein the edge surface (96) of the window frame (90) and the surface (surface of 68) of the building component (68) are opposing surfaces (surface of 96, surface of 68), wherein the settable adhesive sealant (108) has a first boundary (the backer rod) within the gap (the gap at between 96 and 68), other boundaries (Fig. 3, via 96 and 68) formed by the opposing surfaces (surface of 96, surface of 68), and extends to a further boundary flush with (Fig. 3) or raised above a rear face (any face of 60) of the building component (60),
but fails to disclose the component as precast, the precast building component comprises solidified settable material.
However, Knipper discloses the building component (32) as a precast building component (Col 3 lines 14-28), wherein the building component (23) comprises solidified settable material (Col 3 lines 14-28 disclosing concrete).
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 precast building component and window frame system of Anastasi with the building component as a precast building component, wherein the building component comprises solidified settable material as disclosed by Knipper in order to utilize a readily available, inexpensive, durable, long lasting, strong material, as concrete (precast, settable materials) are extremely well-known and common in the art.
Re claim 37, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, wherein the continuous seal (85) provides a hermetic seal (Col 1 lines 42-47) between the window frame (90) and the precast building component (60).
Re claim 38, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, wherein the precast building component and window frame system (Fig. 3) additionally comprises one or more brackets (10), fitted to the window frame (90) and the precast building component (60), to provide additional support (Fig. 3) to support (Fig. 3) the window frame (90) within the window opening (Col 2 lines 51-52).
Re claim 40, Anastasi discloses a precast building component and window frame system as claimed in claim 36, but fails to disclose wherein one end of the seal is level with a face of the precast building component.
However, 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 precast building component and window frame system of Anastasi wherein one end of the seal is level with a face of the precast building component in order to provide better aesthetics and or aesthetic appeal, to provide more sealant to provide better insulating properties.
Re claim 41, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, wherein part of the seal (85) is bonded to at least part (of 68) of a face (of 68) of the precast building component (60).
Re claim 43, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, wherein the precast building component and window frame additionally comprises one or more membranes (10) that cover at least part of a surface (96) of the window frame (90), one end (right end of 85) of the continuous seal (85), and at least part of a face (right face of 68) of the precast building component (60).
Re claim 44, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, Knipper discloses wherein the solidified settable material (32) is cementitious (Col 3 lines 14-28 disclosing concrete).
Re claim 45, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, wherein one or more glass panes (98; Col 3 lines 7-13) are secured within the window frame (90).
Claim(s) 31, 33, 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anastasi (US6,244,001) in view of Knipper (US 3,465,485) and Roegge (US 2020/0277817).
Re claim 31, Anastasi as modified discloses a method as claimed in claim 26, but fails to disclose wherein the method additionally comprises: forming a secondary continuous seal that surrounds the window frame and supports the window frame within the window opening; wherein the secondary continuous seal is formed by: forming a secondary void between the window frame and the precast building component, wherein the secondary void surrounds the window frame; wherein secondary barrier material is placed within the gap between opposing surfaces of the window frame and the precast building component to form a secondary boundary; filling the secondary void with a settable adhesive sealant; wherein the settable adhesive sealant, once set, provides the secondary continuous seal; wherein an air gap and/or the boundary separates the continuous seal and the secondary continuous seal.
However, Roegge discloses wherein the method additionally comprises: forming a secondary continuous seal (see examiner comments) that surrounds (Fig. 5A) the window frame (see examiner comments) and supports (Fig. 5A) the window frame (see examiner comments) within the window opening (14); wherein the secondary continuous seal (see examiner comments) is formed by: forming a secondary void (see examiner comments) between the window frame (see examiner comments)and the precast building component (see examiner comments), wherein the secondary void (see examiner comments) surrounds the window frame (see examiner comments); wherein secondary barrier material (see examiner comments) is placed within the gap (at the secondary barrier) between opposing surfaces of the window frame (see examiner comments) and the precast building component (see examiner comments) to form a secondary boundary (boundary thereof); filling the secondary void (see examiner comments) with a settable adhesive sealant (Anastasi: 85); wherein the settable adhesive sealant (Anastasi: 85), once set, provides the secondary continuous seal (Fig. 5A); wherein an air gap and/or the boundary (boundary thereof; see examiner comments) separates the continuous seal (see examiner comments) and the secondary continuous seal (see examiner comments).
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 method of Anastasi wherein the method additionally comprises: forming a secondary continuous seal that surrounds the window frame and supports the window frame within the window opening; wherein the secondary continuous seal is formed by: forming a secondary void between the window frame and the precast building component, wherein the secondary void surrounds the window frame; wherein secondary barrier material is placed within the gap between opposing surfaces of the window frame and the precast building component to form a secondary boundary; filling the secondary void with a settable adhesive sealant; wherein the settable adhesive sealant, once set, provides the secondary continuous seal; wherein an air gap and/or the boundary separates the continuous seal and the secondary continuous seal as disclosed by Roegge in order to seal both sides of the window frame. 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 33, Anastasi as modified discloses a method as claimed in claim 26, but fails to disclose wherein formwork components are placed on a face of the precast building component to form an additional boundary of the void, wherein the formwork components are spaced from the gap between opposing surfaces of the window frame and the precast building component so that when the void is filled with the settable adhesive sealant, part of the seal is bonded to at least part of the face of the precast building component.
However, Roegge discloses wherein formwork components (see examiner comments) are placed on a face of the precast building component (see examiner comments) to form an additional boundary of the void (see examiner comments), wherein the formwork components are (see examiner comments) is spaced from the gap (at least the channel) between opposing surfaces of the window frame (see examiner comments) and the precast building component (see examiner comments) so that when the void is filled with the settable adhesive sealant (Anastasi: 85), part of the seal (Anastasi: 85) is bonded to at least part of the face of the precast building component (see examiner comments).
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 method of Anastasi wherein formwork components are placed on a face of the precast building component to form an additional boundary of the void, wherein the formwork components are spaced from the gap between opposing surfaces of the window frame and the precast building component so that when the void is filled with the settable adhesive sealant, part of the seal is bonded to at least part of the face of the precast building component as disclosed by Roegge in order to increase structural integrity and rigidity of the structure.
Re claim 39, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, but fails to disclose wherein the precast building component and window frame system additionally comprises: a secondary continuous seal comprising settable adhesive sealant that has set, wherein the secondary continuous seal surrounds the window frame and supports the window frame within the window opening; wherein an air gap and/or the boundary separates the continuous seal and the secondary continuous seal.
However, Roegge discloses wherein the precast building component and window frame system additionally comprises: a secondary continuous seal (see examiner comments) comprising settable adhesive sealant (Anastasi: 85) that has set Fig. 5A), wherein the secondary continuous seal (see examiner comments) surrounds the window frame (see examiner comments) and supports the window frame (see examiner comments) within the window opening (Fig. 5A); wherein an air gap and/or the boundary (boundary thereof; see examiner comments) separates the continuous seal (see examiner comments) and the secondary continuous seal (see examiner comments).
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 precast building component and window frame system of Anastasi wherein the precast building component and window frame system additionally comprises: a secondary continuous seal comprising settable adhesive sealant that has set, wherein the secondary continuous seal surrounds the window frame and supports the window frame within the window opening; wherein an air gap and/or the boundary separates the continuous seal and the secondary continuous seal. as disclosed by Roegge in order to seal both sides of the window frame. 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.
Claim(s) 34, 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anastasi (US6,244,001) in view of Knipper (US 3,465,485) and Jackson et al (“Jackson”) (US 7,490,442).
Re claim 34, Anastasi as modified discloses a method as claimed in claim 26, but fails to disclose wherein a face of the precast building component comprises a step surrounding the gap between the opposing surfaces of the window frame and the precast building component, wherein the step forms an additional void boundary, wherein when the settable adhesive sealant fills the void and fills the step, such that part of the continuous seal is bonded to at least part of the face of the precast building component.
However, Jackson discloses wherein a face (of 40) of the precast building component (40) comprises a step (66) surrounding the gap (between 66 and 102) between the opposing surfaces of the window frame (1020 and the precast building component (40), wherein the step (66) forms an additional void boundary (Fig. 4), wherein when the settable adhesive sealant (Anastasi: 85, as modified) fills the void (between 66 and 102) and fills the step (66, as modified), such that part of the continuous seal (Anastasi: 85) is bonded to at least part of the face (66) of the precast building component (40).
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 method of Anastasi wherein a face of the precast building component comprises a step surrounding the gap between the opposing surfaces of the window frame and the precast building component, wherein the step forms an additional void boundary, wherein when the settable adhesive sealant fills the void and fills the step, such that part of the continuous seal is bonded to at least part of the face of the precast building component as disclosed by Jackson in order to provide a stop member for insertion of the window frame.
Re claim 42, Anastasi as modified discloses a precast building component and window frame system as claimed in claim 36, but fails to disclose wherein a face of the precast building component comprises a step surrounding the gap between the opposing surfaces of the window frame and the precast building component, wherein the continuous seal is bonded to the step.
However, Jackson discloses wherein a face (of 40) of the precast building component (40) comprises a step (66) surrounding the gap (between 66 and 102) between the opposing surfaces of the window frame (1020 and the precast building component (40), wherein the continuous seal (Anastasi: 85) is bonded to the step (66, as modified).
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 precast building component and window frame system of Anastasi wherein a face of the precast building component comprises a step surrounding the gap between the opposing surfaces of the window frame and the precast building component, wherein the continuous seal is bonded to the step as disclosed by Jackson in order to provide a stop member for insertion of the window frame.
Examiner Comments
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Response to Arguments
Objections to the Claims: Applicant’s argument with respect to the claim objections is persuasive and objection to the claims is hereby withdrawn.
Objections to the Drawings: Applicant’s argument with respect to the drawings is persuasive and objection to the drawings is hereby withdrawn.
Claim Rejections 35 USC 102: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are moot as they do not apply to any of the combination of references relied upon in the above, as Guerin is no longer relied upon.
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.
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, Brian Mattei can be reached on (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