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 1-20 are pending.
Drawings
The drawings are objected to because they include photographs, shading, and written words. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications unless the photographs are the only practicable medium for illustrating the claimed invention. The use of shading may be used if it aids in understanding the invention and if it does not reduce legibility. Such shading is preferred in the case of parts shown in perspective, but not for cross sections. See MPEP § 608.02. In the instant case, legibility is reduced.
The drawings are further objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the topside lip of claim 1 must be shown and labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 14 objected to because of the following informalities: Claim 14 includes a period in line 8 which appears to be a typographical error. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “Coupling component” in claim 2.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The specification lists the coupling component as feature 220, which may be L-shaped.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 1, claim 1 recites, “the second top cover” in line 6. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the first side cover” and will be interpreted as such.
Re claim 3, claim 3 recites, “the existing structure” in line 2. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structure” and will be interpreted as such.
Re claim 4, claim 4 recites, “the existing structure” in line 2. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structure” and will be interpreted as such.
Re claim 6, claim 6 recites, “the opening” in the third to last line. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structural opening” and will be interpreted as such.
Re claim 11, claim 11 recites, “the opening” in lines 2-3. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structural opening” and will be interpreted as such.
In addition, claim 11 recites, “first top side clip track…above the opening” Claim 6, from which claim 11 depends, includes, “a top clip track... above the opening.” It is unclear if the first top side clip track and the top clip track are the same or different structures, since both are disposed above the opening. It appears as though the “first top side clip track” and the “top clip track” are the same clip tracks and will be interpreted as such.
Re claim 13, claim 13 recites, “their respective retaining portions” in lines 2-3. Numerous elements are previously introduced and thus, it is unclear as to which this language refers. It appears this language refers to “respective retaining portions” and will be interpreted as such.
Re claim 14, claim 14 recites, “the opening” in line 6. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structural opening” and will be interpreted as such.
Re claim 15, claim 15 recites, “first top side clip track…above the opening” Claim 14, from which claim 15 depends, includes, “a top clip track... above the opening.” It is unclear if the first top side clip track and the top clip track are the same or different structures, since both are disposed above the opening. It appears as though the “first top side clip track” and the “top clip track” are the same clip tracks and will be interpreted as such.
In addition, claim 15 recites, “the opening” in line 2 and “the side clip track” in the last line. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structural opening” and “the first side clip track” and will be interpreted as such.
Re claim 16, claim 16 recites, “the opening” in line 3, “the second side clip” in line 9 and “the third side clip” in the last line. There is insufficient antecedent basis for this limitation in the claims. It appears this language refers to “the structural opening,” “the second side clip track” and “the third side clip track” and will be interpreted as such.
Re claim 19, claim 19 recites, “the plurality of barbs” in line 1. There is insufficient antecedent basis for this limitation in the claims due to the claim’s dependency from claim 16 instead of claim 18. It appears this claim is intended to depend from claim 18 will be interpreted as such.
Claims 2, 5, 7-10, 12, 17-18 are rejected as being dependent on a rejected claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3, 6-19 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Gosling et al (“Gosling”) (US 2014/0215939).
Re claim 1, Gosling discloses a trim kit (See Fig. 2, showing multiple parts) for a structural opening (10) in a structure (170), the trim kit (Fig. 2) comprising:
a first top cover (top 200) configured to be affixed to (Fig. 1-2) the structure (160) above (Fig. 2) the structural opening (10); and
a first side cover (right 200) configured to be affixed to (Fig. 1) a lateral side (right side of 170) of the structure (170) adjacent to (Fig. 1) the structural opening (10);
wherein at least one of the first top cover (top 200) and the second top cover (right 200) include a topside lip (250) that is configured to fit within a groove (on 240) in the structure (170) above or on the lateral side of (Fig. 2) the structural opening (10).
Re claim 3, Gosling discloses the trim kit of claim 1, wherein the first top cover (top 200) is L-shaped (via 230 and 250, as the language does not preclude additional components), and configured to cover front and bottom faces (any faces of 210) of the existing structure (170) above the structural opening (10).
Re claim 6, Gosling discloses a trim kit (See Fig. 2, showing multiple parts) for a structural opening (10) in a structure (170), the trim kit (Fig. 2) comprising:
a top cover (top 200) configured to be affixed to the structure (170) above the structural opening (10);
a side cover (right 200) configured to be affixed to a side (of 170) of the structure (170) laterally adjacent to (Fig. 1) the structural opening (10); and
a top clip track (220) comprising:
a mounting portion (left wall of 220) configured to be affixed to a front surface (of 170) of the structure (170) above the opening (110) in the structure (170); and
a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) and configured to receive a topside lip (250) of the top cover (top 200).
Re claim 7, Gosling discloses the trim kit of claim 6, wherein the retaining portion (240) of the top clip track (220) extends at approximately a 90 degree angle from (Fig. 2) the mounting portion (left wall of 220) of the top clip track (220).
Re claim 8, Gosling discloses the trim kit of claim 6, wherein the retaining portion (240) of the top clip track (220) includes a plurality of barbs (top/bottom protrusion on 240 in Fig. 2) to retain the topside lip (250) of the first top cover (top 200).
Re claim 9, Gosling discloses the trim kit of claim 8, wherein at least some of the plurality of barbs (top/bottom protrusion on 240) are made of a resilient material ([0049] disclosing thermoplastic, plastic being resilient), and are oriented toward (Fig. 2) the mounting portion (250) of the top clip track (220) to resist removal of the topside lip (250) from the mounting portion (240) of the top clip track (220).
Re claim 10, Gosling discloses the trim kit of claim 6, wherein the top clip track (220) comprises a seal portion (270, as 270 is a seal portion because it flushedly affixes 220 to the sidewall) affixed to a side (right surface of the left wall of 220) of the mounting portion (left wall of 220) of the top clip track (220) that is opposite (Fig. 2) the retaining portion (240) of the top clip track (220).
Re claim 11 as best understood in view of the rejections under 35 USC 112 above, Gosling discloses the trim kit of claim 6, further comprising a first side clip track (top 220) comprising a mounting portion (left surface of 220) configured to be affixed to a down-facing surface (left 220 is capable of being affixed to a down-facing surface, as this is a statement of intended use) of the structure above (170) the opening (10) in the structure (170), and a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) and configured to receive a bottom lip (250) of the top cover (top 200).
Re claim 12 as best understood in view of the rejections under 35 USC 112 above, Gosling discloses the trim kit of claim 11, further comprising second and third side clip tracks (left/right 220, see Fig. 1 for the trim affixed to all 3 sides) to affix the side cover (right 200) to the side (of 170) of the structure (170) laterally adjacent to (Fig. 1) the structural opening (10), wherein the second side clip track (left 220) comprises a mounting portion (left wall of 220) configured to be affixed to a front face (any face of 170) of the structure (170) laterally adjacent to (Fig. 1) the structural opening (10), and a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) and configured to receive a first side lip (250) of the side cover (right 200); and wherein the third side clip track (right 220) comprises a mounting portion (left wall of 220) configured to be affixed to a vertical side face (any vertical face of 170) of the structure (170) laterally adjacent to (Fig. 1) the structural opening (10) that is perpendicular to the front face (any perpendicular face of 170), and a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) of the third side clip track (right 220), and configured to receive a second side lip (250) of the side cover (right 200).
Re claim 13, Gosling discloses the trim kit of claim 12, wherein the retaining portions (240) of the first, second and third side clip tracks (top/left/right 220, each side shown surrounding 10 in Fig. 1) includes a plurality of barbs (top/bottom protrusion on 240 in Fig. 2) that are oriented towards (Fig. 2) their respective retaining portions (240).
Re claim 14, Gosling discloses a method of installing (Claim 20) a trim kit (160, Fig. 2 showing multiple parts) for a structural opening (10) in a structure (170), the method comprising:
affixing (Fig. 1-2) a top clip track (top 220) to the structure (170) above the structural opening (10), wherein the top clip track (top 220) comprises:
a mounting portion (left wall of 220) configured to be affixed to (Fig. 2) a front surface (of 170) of the structure (170) above the opening (10) in the structure (170); and
a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) and configured to receive a topside lip (250) of a top cover (top 200).
inserting (Fig. 2) a topside lip (250) of the top cover (top 200) into the retaining portion (240); and
affixing (Fig. 2) the top cover (200) to a down-facing surface (left surface of 110a, as no language is included which provides a point of reference, and the left surface of 110a extends downward with a face) of the structure (170) above (Fig. 1) the structural opening (10).
Re claim 15 as best understood in view of the rejections under 35 USC 112 above, Gosling discloses the method of claim 14, wherein the step of affixing (Fig. 2) the top cover (top 200) to a down-facing surface (left surface of 110a) of the structure (170) above (Fig. 1) the opening (10) in the structure (170) comprises: affixing (Fig. 1-2) a first side clip track (left 200) to the down-facing surface (surface of 110a, see per the above) of the structure (170) above the structural opening (10), wherein the first side clip track (left 220) comprises: a mounting portion (left surface of 220) configured to be affixed to a down-facing surface (left 220 is capable of being affixed to a down-facing surface, as this is a statement of intended use) of the structure above (170) the opening (10) in the structure (170), and a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) and configured to receive a bottom lip (250) of the top cover (top 200); and inserting (Fig. 2) the bottom lip (250) of the top cover (top 200) into the retaining portion (240) of the side clip track (left 220).
Re claim 16 as best understood in view of the rejections under 35 USC 112 above, Gosling discloses the method of claim 15, affixing (Fig. 1-2) a second side clip track (right 220) to a front vertical face (of 110) of the structure (170) laterally adjacent to (Fig. 1) the opening (10) in the structure (170); affixing (Fig. 1-20 a third side clip track (left 220) to a side vertical face (of 110a) of the structure (170) that is perpendicular to (at least portion 240) the front vertical face (of 110a) of the structure (170); and coupling (Fig. 1-2) a side cover (200) to the second and third side clip tracks (left/right 220); wherein the second side clip track (right 220) includes a mounting portion (left wall of 220) configured to be affixed to (Fig. 2) the front vertical face (of 110a) of the structure (170), and a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) of the second side clip (right 220) and configured to receive a first lip (250) of the side cover (200); and wherein the third side clip track (left 220) includes a mounting portion (left wall of 220) configured to be affixed to (Fig. 2) the front vertical face (of 110a) of the structure (170), and a retaining portion (240) extending outwardly from (Fig. 2) the mounting portion (left wall of 220) of the third side clip (right 220) and configured to receive a second lip (250) of the side cover (200).
Re claim 17, Gosling discloses the method of claim 14, wherein the retaining portion (240) of the top clip track (220) extends at approximately a 90 degree angle from (Fig. 2) the mounting portion (left wall of 220).
Re claim 18, Gosling discloses the method of claim 14, wherein the retaining portion (240) of the top clip track (220) includes a plurality of barbs (top/bottom protrusion on 240 in Fig. 2) to retain the topside lip (250) of the top cover (top 200).
Re claim 19, Gosling discloses the method of claim 16, wherein at least some of the plurality of barbs (top/bottom protrusion on 240) are made of a resilient material ([0049] disclosing thermoplastic, plastic being resilient), and are oriented toward (Fig. 2) the mounting portion (250) of the top clip track (220) to resist removal of the topside lip (250) from the mounting portion (240).
Re claim 20, Gosling discloses a clip track (220) for securing a trim piece (200) to an existing structure (170), the clip track (220) comprising:
a mounting portion (left wall of 220) configured to be affixed to a surface (of 170) of an existing structure (170);
a retaining portion (240) extending from (Fig. 2) a front side (right side of left wall of 220) of the mounting portion (left wall of 220), and configured to receive a lip (250) of the trim piece (200);
a seal portion (270, as 270 is a seal portion because it flushedly affixes 220 to the sidewall) made of a resilient material (the language does not define “resilient” and 275 are screws, screws being made of a material and being resistant to removal) affixed to a back side (right surface of the left wall of 220) of the mounting portion (left wall of 220) of the top clip track (220); and
a plurality of barbs (top/bottom protrusion on 240 in Fig. 2) disposed within the retaining portion (240), and configured to retain the lip (250) of the trim piece (200).
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) 2, 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gosling et al (“Gosling”) (US 2014/0215939) in view of Schiedegger et al (“Schiedegger”) (US 2004/0182040).
Re claim 2, Gosling discloses the trim kit of claim 1, but fails to disclose further comprising a second top cover configured to be affixed to the structure above the structural opening; and a coupling component configured to be coupled to and between the first top cover and the second top cover.
However, Schiedegger discloses further comprising a second top cover (Fig. 58, 802b) configured to be affixed to the structure (14) above the structural opening (16); and a coupling component (812/814) configured to be coupled to and between (Fig. 58) the first top cover (802a) and the second top cover (802b).
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 trim kit of Gosling discloses further comprising a second top cover configured to be affixed to the structure above the structural opening; and a coupling component configured to be coupled to and between the first top cover and the second top cover as disclosed by Schiedegger in order to provide a larger trim strip without the need for miters at joints and reducing unsightly gaps ([0024]).
Re claim 4, Gosling discloses the trim kit of claim 2, wherein the first top cover (Gosling: top 200) is L-shaped (Gosling: via 230 and 250, as the language does not preclude additional components) and the second top cover (Schiedegger: 802b) is L-shaped (via the sidewall and base wall, as the language does not preclude additional components), and configured to cover front and bottom faces (Golsing: any faces of 210) of the existing structure (Golsing: 170) above the structural opening (Golsing: 10).
Re claim 5, Gosling discloses the trim kit of claim 1, wherein the coupling component (812/814) is L-shaped (via the base of 818 and the tab of 818, as the language does not preclude additional components).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892.
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