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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/03/2026 has been entered.
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) 1-15, 18, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR3073246 to Montes et al. (“Montes”) in view of U.S. Patent No. 6,274,817 to Jaakkola et al. (“Jaakkola”). All reference numerals are made with respect to Montes unless otherwise noted.
Regarding claims 1 and 18, Montes discloses a profile for a fenestration system, comprising: a first portion 33 and a second portion 32 offset from the first portion and thereby defining an inner space therebetween, wherein the first portion 33 is an exterior portion exposed to an exterior of a building, and wherein the second portion is an interior portion 32 exposed to an interior of the building; a retention mechanism 6 arranged within the inner space, the retention mechanism including: an elongate base body 8 extending between and interconnecting the first and second portions; a cap 10 attachable to the body; and a cavity 9 defined between the body and the cap when the cap is attached to the body; and one or more communication lines 7 mounted to the retention mechanism and housed within the cavity, but does not disclose one or more grooves defined in a material of the body or the cap of the retention mechanism and are sized to receive and accommodate the one or more communication lines, and wherein the one or more grooves extend from the cavity.
Jaakkola discloses a wire trough comprising a cavity (Jaakkola 2) defined by a body (Jaakkola 1) comprising one or more grooves (see Fig. 2 in Jaakkola; grooved where 9/12 and 13 are inserted) defined in a material of a body or the cap of a fenestration system and are sized to receive and accommodate one or more wires (Jaakkola 9/12) and wherein the one or more grooves extend from the cavity.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the profile of Montes to have one or more grooves defined in a material of the body or the cap of the retention mechanism and are sized to receive and accommodate the one or more wires; wherein the one or more grooves extend from the cavity as taught in Jaakkola with a reasonable expectation of success because it would predictably more securely hold cables/wires in place. Moreover, the method steps of claim 18 is necessarily performed in providing and assembling the structure of claim 1.
Regarding claims 2 and 19, Montes in view of Jaakkola discloses wherein the retention mechanism 6 comprises a thermal break.
Regarding claim 3, Montes in view of Jaakkola discloses a pivot mechanism 106 see Fig. 5-6) provided at a first end of the cap 10 to pivotably attach the cap to the body.
Regarding claim 4, Montes in view of Jaakkola discloses that the pivot mechanism comprises a living hinge 106.
Regarding claim 5, Montes in view of Jaakkola discloses an attachment mechanism 1053 provided at a second end of the cap, wherein the attachment mechanism detachably couples the cap to the body.
Regarding claim 6, Montes in view of Jaakkola discloses that a top face of the cap 10 aligns with a top face of an adjacent portion of at least one of the first and second portions (shown more clearly in Fig. 2).
Regarding claim 7, Montes in view of Jaakkola discloses that the one or more grooves are defined in the body within the cavity.
Regarding claim 8, Montes in view of Jaakkola discloses that at least one of the one or more grooves (as modified to have grooves of Jaakkola where 13 is inserted) provides an opening that narrows (groove of Jaakkola narrows at an opening of the groove to hold portion 13) to retain the one or more communication lines within the at least one of the one or more grooves.
Regarding claim 9, Montes in view of Jaakkola discloses that at least one of the grooves narrows (groove of Jaakkola narrows at the bottom of the groove) as it extends into the body.
Regarding claim 10, Montes in view of Jaakkola discloses comprising one or more protrusions (protrusions defining narrowed portions of the groove) defined in the body opposite the one or more grooves.
Regarding claim 11, Montes in view of Jaakkola discloses first and second attachment mechanisms 1011. provided at opposing ends of the cap to detachably couple the cap to the body.
Regarding claim 12, Montes in view of Jaakkola does not disclose that the cap is made of a material different from the body. It would have been obvious to one having ordinary skill in the art at the time of invention to use a different material for the cap, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claim 13, Montes in view of Jaakkola does not disclose that the one or more grooves are defined in the cap and sized to receive and accommodate the one or more communication lines.
Jaakkola discloses a fenestration system comprising one or more grooves (Jaakkola 506; par 0049) defined in a material of a body (Jaakkola 504) or the cap of a fenestration system and are sized to receive and accommodate one or more wires.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the profile of Montes to have one or more grooves defined in the body within the cavity, the one or more grooves being sized to receive and accommodate the one or more communication lines as taught in Jaakkola with a reasonable expectation of success because it would predictably more securely hold cables/wires in place. Moreover, it would have been obvious to place the slot on the grooves in the cap because the rearrangement of parts is generally recognized as being within the level of ordinary skill in the art and such placement would not alter the performance of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 14, Montes in view of Jaakkola discloses that at least one of the one or more grooves (as modified to have grooves of Jaakkola where 13 is inserted) provides an opening that narrows (groove of Jaakkola narrows at an opening of the groove to hold portion 13) to retain the one or more communication lines within the at least one of the one or more grooves.
Regarding claim 15, Montes in view of in view of Jaakkola Schneider discloses that at least one of the grooves narrows as it extends into the body (groove of Jaakkola narrows at the bottom of the groove).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15, 18, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The rejection relies upon newly applied reference to Jaakkola to teach the amended limitation reciting the “grooves…extending from the cavity.” See rejection above.
Allowable Subject Matter
Claims 21-23 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art, alone or in obvious combination absent hindsight, discloses applicant’s invention of a profile for a fenestration comprising inter alia "a frame portion including a first thermal break," "a vent portion offset from the frame portion and including a second thermal break," and a "retention mechanism arranged within an inner space defined between the frame and vent portions and interposing the first and second thermal breaks." In Montes, the retention mechanism 6 forms part of the movable vent portion 32 and therefore is not arranged in an inner space between the frame and vent portions. Moreover, while DE 102019003336 to Zaccaria discloses a fenestration (Fig. 3B) having a frame portion 2 with a thermal break, a vent portion 3 with a thermal break, and a retention mechanism 1 between an inner space defined by the vent and frame portions, the retention mechanism houses screw heads and various types of hinges instead of communication lines. Modification to the contrary would substantially alter the intended operation of the prior art devices.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633