DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/24/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 and 10-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 13:
Both of the above independent claims recite that the second panel is attached directly to the first barrier and the flange of the vent body, however, this is not explicitly stated within Applicant’s specification or shown clearly within the figures. The only paragraph where attachment of the second panel is discussed is paragraph [0019] which recites “As shown in FIGS. 1-3 and 6, the vent 5 may further include a second panel 35 coupled to the vent body 10 on both sides of the vent body 10 proximate the top or first end of the vent body 10 and proximate the top of the flange 15 near the bottom or second end of the vent body 10. In embodiments, the second panel 35 may be coupled at least partially to the first panel 30, such as an upper portion of the second panel 35 coupled to an upper portion of the first panel 30 at the top or first end of the vent body 10”. The recitation of the second panel being “coupled” to the vent body proximate the top of the flange and near the bottom of the vent body does not provide adequate support for the claims to state that the second barrier is directly attached to the flange. Direct attachment would require that some sort of feature be provided to fix the second barrier directly to the flange, which is not described or shown. Further, the recitation in claim 19 stating that the second panel may be coupled at least partially to the first panel at their respective upper portions also does not provide support for direct attachment. “Coupling” could mean that the two panels are attached indirectly to one another and at different locations than what is recited. Therefore, there is insufficient support within the specification to convey to one of ordinary skill in the art that Applicant had ownership of the claims as currently presented at the time of filing.
Claims 2-8, 10-12 and 14-21 are rejected based on their dependency to the rejected independent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J GIORDANO whose telephone number is (571)272-8940. The examiner can normally be reached M-Fr 8 AM - 5 PM EST.
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/STEVEN B MCALLISTER/Supervisory Patent Examiner, Art Unit 3762
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