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 .
Election/Restrictions
Applicant's election with traverse of Claims 1-9 and 20-26 as well as Figures 6, 12-15 and 16-17 in the reply filed on 05 January 2026 is acknowledged. The traversal is on the ground(s) that the inventions are not patentably distinct and do not give rise to a serious search or examination burden. This is not found persuasive because the Examiner has found that the inventions are patentably distinct because there is no disclosed relationship between the inventions, that is, they are unconnected in design, operation, and effect. The claimed embodiments of the rain deflector are distinct configurable and modular assemblies and the kit is not just a grouping of recited components packaged for user assembly. Thus there is a great search and Examination burden.
The requirement is still deemed proper and is therefore made FINAL.
The Applicant concludes that Claims 1-9 and 20-26 read on the elected species. The Examiner disagrees because Figure 6 was elected. Claim 21 is directed to a compliant foam barrier which is represented in Figure 23 which was not elected. Claim 22 is directed towards a sheeting which is represented in Figure 23 which was not elected. Claim 23 is directed towards a clamp configured to constrain the compliant foam barrier in the track which is represented in Figure 23 which was not elected. Claim 24 is directed towards a clamp for attaching to a door stile which is represented as 2801 in Figure 28 which was not elected. Claim 25 is directed towards a padded adhesive which is represented as 2910 in Figure 29 which was not elected. Claim 26 is directed towards a no-sill riser which is represented as 4110 in Figure 46 which was not elected. Thus Claims 21-26 are withdrawn from consideration.
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 22 and 23 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.
Claim 22 recites the limitation "the compliant foam barrier". There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the compliant foam barrier". There is insufficient antecedent basis for this limitation in the 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.
Claims 1-9 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent # EP 1,221,529 to Hendriks.
Regarding claim 1, Hendriks teaches in Figure 2, a rain deflector apparatus (1) [sealing device (Paragraph 0013)] comprising: a main body (31) [sealing part (Paragraph 0013)] having a front face, a back face, and a thickness defining a top edge, a bottom edge distal to the top edge, a right edge extending from the top edge to the bottom edge, a left edge distal to the right edge; a first portion (36) [rubber (Paragraph 0016)] of the main body (31), proximate to the bottom edge, configured to create a first seal [rubber (Paragraph 0016)] against a first adjacent structure (8) [outermost edge of an upstanding portion of the bottom sill (Paragraph 0016)]; a second portion (33) [rubber strip (Paragraph 0016)] of the main body (31), proximate to the top edge, configured to create a second seal [rubber (Paragraph 0016)] against a second adjacent structure (2) [underside of door (Paragraph 0016)]; a third portion (32, Fig 1) [hinge pin (Paragraph 0010)] of the main body (31), proximate to the back face, configured to removably attach [hinge pin 32 is received in groove between claws 12 (Paragraph 0010)] the apparatus (1) to a third adjacent structure (11, Fig 1) [projecting part (Paragraph 0010)] such that, when the apparatus (1) is attached to the third adjacent structure (11), the first seal (36) and the second seal (33) are engaged thereby impeding a traversal of rain [weather strip (Paragraph 0002) or water damming sealing (Paragraph 0005)].
Regarding claim 2, Hendriks teaches in Figure 2, the third portion (32) of the main body (31) is further configured to orient the main body (31) at an angle [the sealing part can swivel (Paragraph 0016)] relative to vertical such that any rain that falls on the front face will run down the front face away from the top edge [draught and moisture cannot penetrate (Paragraph 0017)].
Regarding claim 3, Hendriks teaches in Figure 1, that the apparatus (10) is a unitary structure [all the components come together to create the rain deflector apparatus].
Regarding claim 4, Hendriks teaches in Figure 2, the first portion (36), the second portion (33), and the third portion (32, Fig 1) are separate components that are configured to be attached to the main body (31).
Regarding claim 5, Hendriks teaches in Figure 2, the first portion (36) incudes a seal that is a compression seal [rubber deforms (Paragraph 0017)].
Regarding claim 6, Hendriks teaches in Figure 2, the second portion (33) includes a seal that is a blade seal [rubber strip (Paragraph 0011)].
Regarding claim 7, Hendriks teaches in Figure 1, the third portion (32) includes an attachment structure comprising a clip/clamp [claw (Paragraph 0010)].
Regarding claim 8, Hendriks teaches in Figure 2, the first portion (36) is adapted to pivot [deform when in closed position (Paragraph 0017)] in relation to the main body (31) and the second portion (33) is adapted to pivot [is a rubber strip that creates a seal (Paragraph 0011)] in relation to the main body (31).
Regarding claim 9, Hendriks teaches in Figure 1, the main body (31) is further configured with one or more protrusions adapted to receive one or more attachments (37 and 38).
Regarding claim 20, Hendriks teaches in Figure 1, a system (1) [sealing device (Paragraph 0010)] comprising: one or more rain deflector apparatus [sealing part (Paragraph 0013)], each one rain deflector apparatus installed outside relative to a glass panel (Paragraph 0009), each one of the rain deflector apparatus comprising: a main body (31) [sealing part (Paragraph 0013)] having a front face, a back face, and a thickness defining a top edge, a bottom edge distal to the top edge, a right edge extending from the top edge to the bottom edge, a left edge distal to the right edge; a first portion (36) [rubber (Paragraph 0016)] of the main body (31), proximate to the bottom edge, configured to create a first seal [rubber (Paragraph 0016)] against a first adjacent structure (8) [outermost edge of an upstanding portion of the bottom sill (Paragraph 0016)]; a second portion (33) [rubber strip (Paragraph 0016)] of the main body (31), proximate to the top edge, configured to create a second seal [rubber (Paragraph 0016)] against a second adjacent structure (2) [underside of door (Paragraph 0016)]; a third portion (32, Fig 1) [hinge pin (Paragraph 0010)] of the main body (31), proximate to the back face, configured to removably attach [hinge pin 32 is received in groove between claws 12 (Paragraph 0010)] the apparatus (1) to a third adjacent structure (11, Fig 1) [projecting part (Paragraph 0010)] such that, when the apparatus (1) is attached to the third adjacent structure (11), the first seal (36) and the second seal (33) are engaged thereby impeding a traversal of rain [weather strip (Paragraph 0002) or water damming sealing (Paragraph 0005)]; whereby, the system (1) is effective to substantially divert rain from traversing from the outside to the inside of the sliding glass door panels [weather strip (Paragraph 0002) or water damming sealing (Paragraph 0005)]. Note: the Examiner finds “for diverting rain from sliding glass panels” to be recitation of the intended use of the invention. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, sliding glass panels having at least one static glass panel and at least one mobile glass panel riding within a track are old and well known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J TRIGGS whose telephone number is (571)270-3657. The examiner can normally be reached Mon-Thurs 6am-2pm EST.
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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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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635
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