DETAILED ACTION
Response to Arguments
Applicant's arguments [or lack thereof] with respect to the 112 rejections have been fully considered but they are not persuasive.
Applicant's arguments with respect to the Prior Art rejections have been fully considered but they are not persuasive:
The first argument is that Hendriks does not disclose the claimed third adjacent structure. The Examiner disagrees because Figure 2 shows the sealing device (1) as the sealing part (31), edge rubber strip (33) and sealing rubber (36). In Figure 1, the interpretated third adjacent structure (11) or projecting part is part of the profile (10), which is separate from the sealing device (1).
The next argument is that Hendriks does not disclose the third portion of the main body configured to removably attach the apparatus to the third adjacent structure. One can see in Figure 2, that 1, that the third portion (32) or hinge pin is of the main body (31) is it is of one piece and extends out the bottom side of it. The hinge pin (32) is then removably attached to the third adjacent structure (11) through the claws (12).
The next argument is that Hendriks does not disclose that attachment to the third adjacent structure engages the first and second seals. The Examiner points to Figure 2 of Hendriks that shows the first seal (36) and the second seal (33) are engaged when the device is attached to the third adjacent structure. There are times when the device is attached to the third adjacent structure and the seals are not engaged but it would be difficult to engage the seals without attaching to the third adjacent structure.
The next argument is that Hendriks does not disclose the pivoting limitation of claim 8. The Examiner reasoned that deformation of the seal equates to the claimed pivoting. The Applicant disagrees. However, the Examiner disagrees with the Applicant’s disagreement. Contrasting Figure 2 to Figure 1, one can see that the rubber seal (36) has deformed and thus pivoted. The Applicant continues on to argue that the Office Action does not identify any alleged first portion, second portion or third portion. However, the rejection clearly laid out two such portions. Furthermore, the claim only requires “at least one of”.
The next argument is that Hendriks does not disclose the protrusion limitation of claim 9. While Hendriks does not list his protrusions, Figure 1 shows the spring member (37) and transmission (38) which are attached to the main body via unlabeled protrusions.
The final argument is that Hendriks does not anticipate independent claim 20. The Applicant argues that sliding glass panels having at least one static glass panel and at least one mobile glass panel riding within a track being old and well known within the art does not establish anticipation. However, looking at the claim, it does not positively recite sliding glass panels having at least one static glass panel and at least one mobile glass panel riding within in a track because these features are in the preamble after a “for” statement. Furthermore, Line 4 recites “a one or more rain deflector apparatus”. If there is only one, it is anticipated by what is shown in Hendriks.
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
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 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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