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 .
The amendment filed on 23 December 2025 in response to the non-final office action mailed on 26 September 2025 has been considered. Claim(s) 1-18 is/are pending. Claim(s) 16-18 has/have been added. Claim(s) 1-18 has/have been examined in this action.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4-6 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,099,865 to Burnett.
Regarding claim 4, Burnett discloses a muntin bar insert (40) for an insulating glass pane (capable of being used with an insulated glass pane) with at least one muntin bar (42, 44, 46, 48, 50, 52) having at least one end (end with 90, Fig.4) configured to be attached to a frame-shaped spacer being disposed between a first glass plate and a second glass plate of the insulating glass pane (capable of being secured to a spacer of an insulating glass pane between two glass plates), wherein at least one magnet (90) is arranged at the at least one end (Fig.4) configured to be attached to the spacer in a manner movable along a longitudinal direction of the at least one muntin bar (capable of being secured to a spacer; the magnet is inserted into the end of the muntin bar by snug fit and therefore is capable of movement within the muntin bar).
Regarding claim 5, which comprises a linear guide (hole into which 90 is inserted) for the at least one magnet.
Regarding claim 6, which has a plurality of muntin bars (42, 44, 46, 48, 50, 52), wherein at least one magnet is arranged at each end (90, inserted into each end) being configured to be attached to the spacer (capable of being secured to a spacer).
Regarding claim 17, wherein the muntin bar insert comprises a linear guide (hollow channel of the muntin bar) for the at least one magnet, and wherein the linear guide is configured for movably guiding said magnet along a longitudinal direction of the at least one muntin bar (capable of being secured to a spacer; the magnet is inserted into the end of the muntin bar by snug fit and therefore is capable of movement within the muntin bar).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3 and 7-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2004 043 581 A1 to Schuler (See Translation) in view of US 3,099,865 to Burnett.
Regarding claim 1, Schuler discloses an insulating glass pane comprising: at least two glass plates (8, 9); a frame-shaped spacer (7) made of a synthetic-based material (thermoplastic; Page 6, line 24) and a muntin bar insert (10) attached to the spacer (7), the spacer and the muntin bar insert being located between the two glass plates (Fig.6); wherein the insulating glass pane comprises at least one pair of connectors (Fig.9) containing two connectors (15, 16) which cooperate to position and hold the muntin bar insert in the insulating glass pane (Fig. 6 and 10).
Schuler does not disclose wherein the connectors are magnets.
Burnett discloses wherein the connectors of a muntin bar insert are paired magnets (90, 92, Fig.4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the connectors of Schuler with magnets as taught by Burnett so to enable the muntin insert to be easily and securely placed into the insulated glass pane without the need for additional mechanical fasteners.
Regarding claim 2, Burnett discloses in which one of the magnets of the magnet pair is a hard magnet (permanent magnet 90) and the other magnet of the magnet pair is a soft magnet (iron insert 92; iron is known as a soft magnetic material).
Regarding claim 3, Schuler discloses wherein one of the connectors is attached to the spacer (secured to 7 by 3, Fig.5) and the other is fastened to the muntin bar insert (13 is inserted into 10, Fig.10).
Burnett discloses wherein one of the magnets of the pair of magnets is attached to the spacer (92) and the other magnet of the pair of magnets is arranged in the muntin bar insert or fastened to the muntin bar insert (90).
Regarding claim 7, Schuler discloses a muntin bar holder (Fig.9) configured for fastening a muntin bar insert (10) to a synthetic- based spacer (7) being disposed between a first glass plate and a second glass plate of an insulating glass pane (Fig.10).
Schuler discloses wherein the muntin bar holder has connectors but does not specifically disclose wherein the muntin bar holder includes at least one magnet, wherein the at least one magnet is arranged in the muntin bar holder in a manner movable along a longitudinal direction of the muntin bar insert.
Burnett discloses at least one magnet (90), wherein the at least one magnet is arranged in the muntin bar in a manner movable along a longitudinal direction of the muntin bar insert (magnet 90 is snug fit into the muntin bar insert and is therefore capable of movement along the longitudinal direction of the muntin bar insert.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the muntin bar holder of Schuler with magnets as taught by Burnett so to enable the muntin insert to be easily and securely placed into the insulated glass pane without the need for additional mechanical fasteners.
Regarding claim 8, Burnett discloses said at least one magnet (90) and a magnet holder (bore holding the magnet); Schuler discloses the holder 1a capable of holding the magnet in the same manner as Burnett teaches within the muntin bar.
Regarding claim 9, although Schuler nor Burnett discloses in which the at least one magnet has a recess for contacting another magnet of a pair of magnets in the insulating glass pane, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a recess within the magnet thereby providing an area in which the magnets engage with increased surface area and provide a stronger connection.
Regarding claim 10, Schuler discloses a method for producing an insulating glass pane (Fig.10) comprising at least two glass plates (8 and 9) held at a distance by a spacer (7), having the following steps: the spacer made of a synthetic-based material (thermoplastic; Page 6, line 24) is applied in the form of a frame onto a first of the glass plates (Fig.5); at least one connector (1, Fig.5 / 2b, Fig.9) is inserted into the spacer before or after the spacer is applied to the first glass plate (Fig.5); a muntin bar insert (10) containing at least one connector (1A, Fig.9) is placed on the frame-shaped spacer (Fig. 5, 6, 10) wherein in each case a connector in the muntin bar insert cooperates with a connector in the spacer (Fig.10) and forms a pair of connectors (Fig.10) which holds the muntin bar insert in position; after the muntin bar insert has been put in place, the frame-shaped spacer is joined to a second of the glass plates (Fig.6) wherein the spacer and the muntin bar insert are located between the first and second glass plates (Fig.6).
Schuler does not disclose wherein the connectors are magnets.
Burnett discloses wherein the connectors of a muntin bar insert are paired magnets (90, 92, Fig.4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the connectors of Schuler with magnets as taught by Burnett so to enable the muntin insert to be easily and securely placed into the insulated glass pane without the need for additional mechanical fasteners.
Regarding claim 11, Schuler discloses wherein a plastic strand (7) is applied as a spacer onto the first glass sheet (8, Fig.5) and said connector is inserted into the strand (projections 3 are inserted into 7).
Schuler does not specifically disclose the order of events when manufacturing the glass pane.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have secured the spacer to the glass pane prior to installing the connectors so to ensure the spacers are placed and spaced int the desired areas of the glass pane.
Regarding claim 12, Schuler discloses wherein a spacer strip (7) is used as a spacer, wherein said connector is inserted into the spacer strip (with projections 3) and the spacer strip is applied to the first glass plate (Fig.5).
Schuler does not specifically disclose installing the connectors into the spacer strip before securing the spacer to the glass pane.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have attached the connectors to the spacer and then secured the spacer to the panels so to ensure the spacer does not undergo unwanted stresses when pushing the connectors into the spacer surface, thereby preventing damage to the connection of the spacer to the glass pane.
Regarding claim 13, Schuler discloses a spacer strip (7) made of a plastic-based material (thermoplastic; Page 6, line 24) for application onto a first glass plate (8) during assembly with at least one second glass plate (9) to form an insulating glass pane (Fig.6), wherein the spacer strip has a rectangular cross-section (7, Fig.5) with two opposite wide sides (top and bottom of 7, Fig.5) and two narrow sides (left and right of 7, Fig.5), each of the narrow sides being configured to be placed on one of the glass plates (Fig.5), wherein at least one connector (1, Fig.5; 2b, Fig.9) is inserted in one of the wide sides.
Schuler does not disclose wherein the connectors are magnets.
Burnett discloses wherein the connectors of a muntin bar insert are paired magnets (90, 92, Fig.4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the connectors of Schuler with magnets as taught by Burnett so to enable the muntin insert to be easily and securely placed into the insulated glass pane without the need for additional mechanical fasteners.
Regarding claim 14, Schuler discloses wherein the spacer strip includes a plurality of connectors inserted at predetermined intervals along the longitudinal direction of the spacer strip (placed at each location of a muntin bar).
Burnett discloses a plurality of connectors inserted at predetermined intervals along the longitudinal direction of the frame (placed at each location of a muntin bar).
Regarding claim 15, Schuler discloses wherein a muntin bar holder (1, 2b) is inserted (projections 3), which is integrally formed with the connector (16) and comprises a projection (3) having a tip for piercing into the spacer strip (Fig.5 and 6).
Allowable Subject Matter
Claims 16 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose all of the claimed details of the insulating glass pane and the relationship between the elements specifically the muntin bar insert, the linear guide for the magnet, and movably guiding the magnet when attracted by the other magnet of the pair.
Response to Arguments
Applicant's arguments filed 23 December 2025 have been fully considered but they are not persuasive.
Regarding claims 4-6, Applicant argues that Burnett does not teach to dispose the insert to or within a spacer separating two glass panes. This argument is not found to be persuasive because the claim does not require that the muntin bar insert is disposed to or within a spacer separating two glass panes. The claim recited “configured to be attached to a frame-shaped spacer being disposed between a first glass plate and a second glass plate. The claim only requires that the insert of Burnett is capable of being used with a spacer between two glass sheets. The insert of Burnett would certainly be capable of being used in conjunction with a spacer between two glass panes.
Regarding the rejection of claim 1, Applicant argues that the rationale of combining the teaching of Burnett with the window system of Schuler makes no sense. This is not found to be persuasive.
First, Applicant argues that the dovetail connection 15 and 16 has no such additional fasteners. This is not found to be persuasive. The dovetail connection has several pointed spines which engage the base into which they are installed. So not only do you have the two different members 15 and 16, you have to engage the member 16 using the spines and further must mechanically connect the dovetail with the recess. This would require additional steps and longer install.
Secondly, Applicant argues that Schuler discloses the connection which prevents perpendicular movement and altering the connection of Schuler with the teaching of Burnett will render the invention unsatisfactory for its intended purpose. This is not found to be persuasive. The muntin insert secured within the surrounds sash as taught by Burnett and further with the strength of the magnets located along the length of the window panes the muntin inserts can remain in the central location, especially since windows are typically moved in a vertical motion and do not undergo typical horizontal forces to knock the insert from the magnetic connection points.
Third, Applicant argues that Schuler teaches a double pane window construction and Burnett discloses a removable muntin insert and therefore there is no reason to combine. This is not found to be persuasive. Again, the insertion of the muntin insert with the simple rotation and alignment of the magnet members is easier than installing the elements with the spines and sliding the dovetail connections together. The idea of having a removable muntin insert does not prevent the insert from being permanently installed.
Lastly, Applicant argues that the teachings of Burnett are not taken as a whole and that the top and bottom rails of Burnett would have to be considered. This is not found to be persuasive. The combination was made to replace the connection dovetails with magnetic connection system of Burnett. The rejection does not state that the grooved portion to insert the muntin is ignored. It is recognized that the grooved inserted would also be incorporated since the grooved insertion allows the rotation of the muntin insert and the helps with the ease of the insertion of the muntin insert.
Conclusion
THIS ACTION IS MADE FINAL. 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 RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635