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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/29/2024 was considered by the examiner.
Claim Objections
Claim 27 is objected to because of the following informalities: line 7 . Appropriate correction is required.
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 10, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22, 23, 24, and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wood US20110016823
Claim 10 and 27. Wood discloses a latch base (12) coupled to a frame of a fenestration unit (24), the latch base having a latch base body (16) defining a recess (see recess from element 16 to element 18) oriented about a first axis (illustrated by dashed lines of 14, Fig.1), the latch base having a first open end (end facing 20) and a second end (end facing 24), and the latch base defining a ramp access aperture (at 40) oriented about a second axis transverse to the first axis (see Fig.2A); a latch (14) engaged with a the sash unit in a closed position, the latch including, a latch body (54) including a ramp (below 56) having an inclined surface relative to the second axis when installed in the latch base (Fig.2A-B); and a resilient member (50) for biasing the latch body relative to the latch base; wherein the latch is operable to translate towards the second end of the recess of the latch base when the ramp is accessed via the ramp access aperture and a threshold force is applied to the ramp of the latch.
Claim 11. Wood discloses the resilient member includes spring arms (52 and 52, Fig.2C) extending from the latch body (54).
Claim 12. Woods discloses the latch body includes first (portion below 54 in Fig.2C) and second (at 50) side walls extending from the ramp, the first and second side walls having sloped ends operable to contact the sash unit of the fenestration unit (Fig.2C).
Claim 13. Woods discloses the first and second side walls include engagement portions (52) operable to engage the sash (20) of the fenestration unit (via latch base 12) and retain the sash in a closed position with the frame when the engagement portions are engaging the sash (Fig.2B).
Claim 14. Woods discloses the latch body is operable to be positioned relative to the latch base in a first, neutral position (Fig.1-2A); a second, latched position (Fig.2B); and a third, transitional position (via movement of 52 in relation to 42, Fig.2C).
Claim 15. Woods discloses the latch further includes an engagement portion (portion engaging 20 in Fig.2C) for engaging the sash unit (20), the engagement portion of the latch including a truncated apex (56).
Claim 18. Woods discloses the recess is operable to allow the latch to translate within the recess along the first axis (along 18, Fig. 2A).
Claim 19. Woods discloses the recess extends through a substantial portion of the latch base body (Fig.2A).
Claim 20. Woods discloses the recess includes a channel (within flange 18) formed in an interior wall of the latch base body, the channel extending from the first open end of the latch base body into at least a portion of a length of the recess (Fig.2B).
Claim 21. Woods discloses the channel extends the length of the recess (as defined by the channel in Claim 1).
Claim 22. Woods discloses the latch base includes a contoured bezel (at end of 40) formed on the first open end of the latch base body (Fig.2A).
Claim 23. Woods discloses the latch body is positioned in the recess (as shown in Fig.2B) such that a portion of the ramp is accessible through the ramp access aperture in the second, latched position, the ramp access aperture being operable to accept an object to apply the threshold force to the portion of the ramp. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Claim 24. Woods discloses the resilient member is operable to provide a resilient force to translate the latch body away from the second end of the latch base when the threshold force is removed from the ramp of the latch (as illustrated in Fig.4B-4C).
Claim 25. Woods discloses the resilient member is operable to return the latch body to a neutral position when the threshold force is removed from the ramp of the latch (Fig.4B-4C).
Allowable Subject Matter
Claims 17 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 closest prior art of record fails to teach or adequately suggest the combination of characteristics specified in the independent claim, especially the requirement of a substance concerning the engagement portion is operable to contact a contact edge of the sash unit until the contact edge passes over the truncated apex; and the ramp access aperture includes a threaded region operable to accept an object, hence there is no cogent reasoning that is unequivocally independent of hindsight that would have led one of ordinary skill in the art at the time.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attached NOTICE OF REFERENCE CITED.
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BABAJIDE A. DEMUREN
Primary Examiner
Art Unit 3633
/BABAJIDE A DEMUREN/Primary Examiner, Art Unit 3633
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