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 without traverse of Claims 1-8 and 15 in the reply filed on 16 January 2026 is acknowledged.
The arguments with traverse towards Claim 17 have been persuasive. Claim 17 will be included in Group I and be Examined.
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 1-8, 15 and 17 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.
In claim 1, Lines 6 and 7 recite “the roof window” but Lines 2-3 recite “a group of roof windows comprising at least two roof windows”, so it is unclear how it can be “roof window”.
In claim 1, Line 28 requires “a sub-set of two other flashing members”. It is unclear what a “sub-set” is.
In claim 1, Lines 29-30 require “an over-under sub-set”. It is unclear what this is.
In claim 1, Lines 30-31 require “a sides sub-set”. It is unclear what this is.
In claim 17, Lines 5 and 6 recite “the roof window” but Lines 1-2 recite “a group of roof windows comprising at least two roof windows”, so it is unclear how it can be “roof window”.
In claim 17, Line 27 requires “a sub-set of two other flashing members”. It is unclear what a “sub-set” is.
In claim 17, Lines 28-29 require “an over-under sub-set”. It is unclear what this is.
In claim 1, Line 29 requires “a sides sub-set”. It is unclear what this is.
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 1-7 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Velux NPL Document # 3.
Regarding claim 1, the Prior Art [Figures 1 and 4 of the Applicant’s Disclosure] teaches, a weatherproofing assembly [as defined by the description below] for use with a group of roof windows (Page 12, Line 31) comprising at least two roof windows (Page 12, Line 31) mounted adjacent to each other in a sloped roof structure (4) (Page 12, Line 3) having a slope direction (D) (Page 12, Line 4), where each of said at least two roof windows (Page 12, Line 31) comprises a frame (2) (Page 12, Line 1) comprising a top frame member (21) (Page 12, Line 11) and a bottom frame member (22) (Page 12, Lines 11-12) both extending horizontally in a mounted state (Page 12, Line 12) of the roof window and two side frame members (23 and 24) (Page 12, Lines 12-13) extending in the slope direction (Page 12, Line 13) in the mounted state of the roof window, said weatherproofing assembly comprising a first underroof collar (1) (Page 13, Line 4), a second underroof collar (1) (Page 13, Line 4), and a flashing assembly (5) (Page 12, Line 31), where each of said first underroof collar (1) and said second underroof collar (1) comprises a top collar member (11) (Page 11, Line 17) configured for extending along the top frame member (21) of a corresponding roof window, a bottom collar member (12) (Page 11, Lines 17-18) configured for extending along the bottom frame member (22) of a corresponding roof window, and two side collar members (13 and 14) (Page 11, Line 18) each configured for extending along a side frame member (23 and 24) of a corresponding roof window, said top (11), bottom (12) and side (13 and 14) collar members [inherently] being made from an underroof collar material, where said top (11), bottom (12) and side (13 and 14) collar members delimit a collar opening (Page 11, Line 19), and where each of said top (11) and bottom (12) collar members has a length direction extending along the collar opening (Page 11, Lines 20-21) and a width direction extending perpendicular to the length direction, away from the collar opening (Page 11, Lines 21-22), and where said flashing assembly (5) comprises at least one top flashing member (51) configured for extending along a top frame member (Page 13, Lines 6-7), at least one bottom flashing member (52) configured for extending along a bottom frame member (Page 13, Lines 7-8), at least two side flashing members (53 and 54) each configured for extending along a side frame member (Page 13, Lines 9-10), and at least one middle gutter flashing member (55) configured for extending between roof windows (Page 13, Lines 10-11), that the flashing assembly (5) comprises a first set of flashing members including one top flashing member (51), one bottom flashing member (52), and two side flashing members (53 and 54) corresponding to those used in the installation of a single roof window, and a second set of flashing members including one middle gutter flashing member (55) and a sub-set of two other flashing members, including one top flashing member (51) and one bottom flashing member (52), wherein Velux teaches in Page 2 [annotated below], that at least one collar member (A) of the second underroof collar (B) comprises a reduced amount of collar material compared to a corresponding collar member (C) of the first underroof collar (D).
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Regarding claim 2, Velux teaches on Page 2 [annotated above], where the at least one collar member (A) of the second underroof collar (B) comprising the reduced amount of collar material has a reduced width compared to the width of the corresponding collar member (C) of the first underroof collar (D).
Regarding claim 3, Velux teaches on Page 2 [annotated above], the side collar members (E) of the first underroof collar (D) are made with a surplus of material, and where the at least one collar member (A) of the second underroof collar (B) comprising a reduced amount of collar material is a side collar member (A) without such a surplus of material.
Regarding claim 4, Velux teaches at the bottom of Page 2, a set of windows, showing at least six windows therefore a third underroof collar and where the flashing assembly would further comprise a third set comprising one middle gutter flashing member and two other flashing members.
Regarding claim 5, Velux teaches at the bottom of Page 2, the two other flashing members of the third set would be a top flashing member and a bottom flashing member.
Regarding claim 6, Velux teaches at the bottom of Page 2, a set of windows, showing at least six windows therefore a fourth underroof collar and where the flashing assembly would comprise a fourth set contained in a fourth packaging element and comprising two middle gutter flashing members, one for use between roof windows mounted side by side and one for roof windows mounted one above another.
Regarding claim 7, Velux teaches at the bottom of Page 2, a set of windows, showing at least six windows therefore at least one of the first set of flashing members and the third set of flashing members comprises a drainage gutter.
Regarding claim 15, Velux teaches on Page 2 [annotated above], the surplus material of the side collar member (E) of the first underroof collar (D) is pleating.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Velux NPL Document # 3 in view of European Patent # 4,089,034 to Tollak.
Regarding claim 8, Velux teaches a weatherproofing assembly with at least one drainage gutter but does not teach it is a telescopic drainage gutter. However, Tollak teaches in Figure 10, a drainage gutter (98) that is a telescopic drainage gutter (Paragraph 0037). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Velux with the telescoping gutter element of Tollak with a reasonable expectation of success because Tollak teaches a longer gutter element to be placed inside a smaller package and then expanded to the desire size at the construction site whether it be for extending along the top frame member of one roof window or along the top frame members of two roof windows.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Velux NPL Document # 3 in view of Velux NPL document # 2.
Regarding claim 17, the Prior Art [Figures 1 and 4 of the Applicant’s Disclosure] teaches, a weatherproofing assembly [as defined by the description below] for use with a group of roof windows (Page 12, Line 31) comprising at least two roof windows (Page 12, Line 31) mounted adjacent to each other in a sloped roof structure (4) (Page 12, Line 3) having a slope direction (D) (Page 12, Line 4), where each of said at least two roof windows (Page 12, Line 31) comprises a frame (2) (Page 12, Line 1) comprising a top frame member (21) (Page 12, Line 11) and a bottom frame member (22) (Page 12, Lines 11-12) both extending horizontally in a mounted state (Page 12, Line 12) of the roof window and two side frame members (23 and 24) (Page 12, Lines 12-13) extending in the slope direction (Page 12, Line 13) in the mounted state of the roof window, said weatherproofing assembly comprising a first underroof collar (1) (Page 13, Line 4), a second underroof collar (1) (Page 13, Line 4), and a flashing assembly (5) (Page 12, Line 31), where each of said first underroof collar (1) and said second underroof collar (1) comprises a top collar member (11) (Page 11, Line 17) configured for extending along the top frame member (21) of a corresponding roof window, a bottom collar member (12) (Page 11, Lines 17-18) configured for extending along the bottom frame member (22) of a corresponding roof window, and two side collar members (13 and 14) (Page 11, Line 18) each configured for extending along a side frame member (23 and 24) of a corresponding roof window, said top (11), bottom (12) and side (13 and 14) collar members [inherently] being made from an underroof collar material, where said top (11), bottom (12) and side (13 and 14) collar members delimit a collar opening (Page 11, Line 19), and where each of said top (11) and bottom (12) collar members has a length direction extending along the collar opening (Page 11, Lines 20-21) and a width direction extending perpendicular to the length direction, away from the collar opening (Page 11, Lines 21-22), and where said flashing assembly (5) comprises at least one top flashing member (51) configured for extending along a top frame member (Page 13, Lines 6-7), at least one bottom flashing member (52) configured for extending along a bottom frame member (Page 13, Lines 7-8), at least two side flashing members (53 and 54) each configured for extending along a side frame member (Page 13, Lines 9-10), and at least one middle gutter flashing member (55) configured for extending between roof windows (Page 13, Lines 10-11), that the flashing assembly (5) comprises a first set of flashing members including one top flashing member (51), one bottom flashing member (52), and two side flashing members (53 and 54) corresponding to those used in the installation of a single roof window, and a second set of flashing members including one middle gutter flashing member (55) and a sub-set of two other flashing members, including one top flashing member (51) and one bottom flashing member (52), wherein Velux teaches in Page 2 [annotated above], that at least one collar member (A) of the second underroof collar (B) comprises a reduced amount of collar material compared to a corresponding collar member (C) of the first underroof collar (D). Velux does not teach the first set of flashing members contained in a first packaging element or a second set of flashing members contained in a second packaging element. However, Velux teaches in NPL document # 2 on Page 51, a first set of flashing members (0021) contained in a first packaging element “Complete ‘combi’ kit for left and right flashings” including one top flashing member, one bottom flashing member, and two side flashing members and a second set of flashing members (0002) containing in a second packaging element “for center flashing” including one middle gutter flashing and two other flashing members and wherein the second packaging element can contain the second underroof collar, one middle gutter flashing member and two other flashing members. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the two NPL documents of Velux with a reasonable expectation of success because the first package would provide enough materials for four skylights and the second package would include the materials to add additional windows.
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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/ANDREW J TRIGGS/Primary Examiner, Art Unit 3635