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 .
This Office Action is in response to the claims filed on 08/18/2025.
Claims 1-14 are currently pending and have been examined below. Claims 15-35 have been withdrawn.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/17/2025 has been entered.
Drawings
The drawings are objected to because:
In figure 1 of the drawings (08/18/2025), line 2B-2B is cut from the lower section of the fenestration assembly that would not show the upper sash 102B, which contradicts what is shown in figure 2B as it clearly shows the sash 102B. It seems that applicant should draw the section cut halfway of the fenestration assembly at 114 to show both sashes 102A and 102B.
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.
Specification
The disclosure is objected to because of the following informalities:
The amended specification filed on 08/18/2025 still discloses the new matter issue regarding “interfacing surface 105” in the following:
(i) paragraph beginning with "The seal hardware cam 600" on page 17;
(ii) paragraph beginning with "In another example, the operation hardware 114 includes" on pages 17-18.
Note that these are non-limiting examples and applicant should carefully find the newly added surface 105 in the replacement specification filed on 08/18/2025 and amend them accordingly.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Interpretation
In line 8 of claim 7, “the closed position” questions the clarity of the claim, but examiner takes the position that this closed position is the same as the fully closed position set forth in claim 1. Similar interpretation was used for the “closed position” in claim 9.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1
Recitations such as “in the relaxed configuration…with the floating seal relaxed and passively engaged with the fenestration frame throughout movement between the fully open position and the fully closed position” on lines 10-14 discloses New Matter. As shown in applicant’s page 12 of the disclosure below, figure 3 shows the floating seal 202 in the relaxed configuration, however the disclosure below discloses that the floating sashes 102A and 102B are merely in the partially open positions. The original disclosure does not disclose the floating seal in the relaxed configuration when the sashes are in the fully opened positions. As further evidence, figure 2A, from which figure 3 was a detailed view from (specification filed on 02/28/2025), shows the sash 102B in the partial opened position and not in the fully opened position.
Also, the recitation “in the relaxed configuration…with the floating seal relaxed and passively engaged with the fenestration frame throughout movement…the fully closed position” also discusses new matter. The disclosure from lines 25-31 of page 13 below discusses that the floating seal is in the compressed configuration when the floating sash is in the closed position and figure 4 also shows that the seal is compressed when the sash is in the closed position. As such reciting that the floating seal is in the relaxed configuration when the sash is in the fully closed position does not have sufficient support and recites new matter. Examiner notes that since the original disclosure does not provide guidance on the difference between the closed position and the fully closed position, examiner takes the position that these two positions were interpreted as the same closed position of the sashes.
PNG
media_image1.png
200
633
media_image1.png
Greyscale
Page 12 of Applicant’s disclosure filed on 02/28/2025
PNG
media_image2.png
232
691
media_image2.png
Greyscale
Page 13 of Applicant’s disclosure filed on 02/28/2025
Claim 7
Recitations such as “the at least one floating sash is in the fully open position in correspondence with the floating seal in the relaxed configuration and the floating seal is passively engaged with the fenestration frame” on lines 4-5 also discloses new matter for similar issues set forth in claim 1 above.
Recitations such as “the at least one floating sash is at a first lateral position in correspondence with the at least one floating sash in the fully open position” on lines 6-7 discloses new matter. The claim requires the sash to be at the first lateral position when the sash is in the fully open position. However as noted above, figure 3 merely shows the sashes in the partially opened positions and not in the fully opened positions (see page 12 of applicant’s disclosure above) therefore the original disclosure only has support of the floating sash being in the first lateral position when the sash is in the partially opened position.
Additionally, the fully opened positions of the sashes are not shown in the drawings, therefore there is no support that the sash is in the first lateral position in correspondence with the sash being in the fully open position.
PNG
media_image3.png
197
675
media_image3.png
Greyscale
Page 13 of Applicant’s disclosure filed on 02/28/2025
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends.
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 1-14 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 1
Recitations such as “in the relaxed configuration…with the floating seal relaxed and passively engaged with the fenestration frame throughout movement…the fully closed position” on lines 10-14 render the claims indefinite. The recitation requires the seal to be in the relaxed configuration when the sash is fully closed, this is unclear because how can the seal be relaxed if the sash is fully closed. Figure 4 shows the sash 102B in the closed position and the seal 202 was disclosed to be in the compressed configuration.
Also, the recitations on lines 10-14 makes the scope of the “compressed configuration” unclear as what exactly is the compressed configuration of the seal if the seal is in the relaxed configuration when the sash is fully opened and fully closed.
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends.
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 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DiGinosa (US 6216392).
Claim 1
(DiGinosa discloses) A fenestration assembly (figure 1) comprising:
a fenestration frame (2);
at least one floating sash (4) movably coupled within the fenestration frame, the at least one floating sash configured to move between a fully open position and a fully closed position within the fenestration frame (figures 7-7A), the at least one floating sash includes:
a sash perimeter (Annotated figure 3 below) extending around the floating sash (Annotated figure 3 below); and
a sash face (Annotated figure 3 below); and
a floating seal (19; figures 7-7A) coupled along the sash face (figure 7A), wherein the floating seal includes a compressed configuration (seal configuration when the seal is fully compressed in figure 7A) and a relaxed configuration (the seal configuration at the beginning phase of the opening movement of the floating sash before it is moved to the open position in figure 7 when the seal is relaxed compared to the compressed configuration while still maintaining engagement with the frame);
in the relaxed configuration, the floating seal is relaxed and the floating seal is passively engaged with the fenestration frame (figures 7-7A), and the at least one floating sash is movable between the fully open position and the fully closed position with the floating seal relaxed and passively engaged with the fenestration frame throughout movement between the fully open position and the fully closed position (due to the 112(a) issue set forth above, this was interpreted as best understood by the examiner and as disclosed in applicant’s disclosure as --with the floating seal relaxed and passively engaged with the fenestration frame throughout movement between the partially open position and the partially closed position-- [see page 12 of applicant’s disclosure above]); and
in the compressed configuration, the floating seal is compressed relative to the floating seal in the relaxed configuration, and the floating seal is engaged with the fenestration frame (Excerpt 1 from col. 4 below; figure 7A).
PNG
media_image4.png
504
436
media_image4.png
Greyscale
Annotated figure 3
PNG
media_image5.png
209
455
media_image5.png
Greyscale
Excerpt 1
Claim 2
(DiGinosa discloses) The fenestration assembly of claim 1, wherein the floating seal is coupled between the sash face and the fenestration frame (figures 7-7A).
Claim 3
(DiGinosa discloses) The fenestration assembly of claim 1, wherein the floating seal is coupled with the fenestration frame in each of the relaxed configuration and the compressed configuration (figure 7A; see rationale in claim 1 above regarding the relaxed configuration).
Claim 4
(DiGinosa discloses) The fenestration assembly of claim 3, wherein in the compressed configuration the floating seal resists movement of the at least one floating sash (this is taught to be true since the compression of the floating seal acts as a friction to the movement of the floating sash), and in the relaxed configuration, the floating seal permits the movement of the at least one floating sash relative to the floating seal in the compressed configuration (in the relaxed configuration, since the frictional force between the seal and the frame is not as strong compared to the compressed configuration, the movement of the floating sash is permitted; note that “movement of the floating sash” is not limited to the open/close movement of the sash i.e., it could be interpreted as the movement away from the frame).
Claim 5
(DiGinosa discloses) The fenestration assembly of claim 1, wherein the at least one floating sash includes one or more rails and one or more stiles (Annotated figure 3 above), the sash face is associated with the one or more stiles or the one or more rails (Annotated figure 3 above), and the floating seal extends along the sash face associated with the one or more stiles or the one or more rails (figures 7-7A).
Claim 6
(DiGinosa discloses) The fenestration assembly of claim 1, wherein the at least one floating sash includes a first floating sash (3; figure 1) and a second floating sash (4).
Claim 7
(DiGinosa discloses) The fenestration assembly of claim 1, wherein the at least one floating sash is configured to laterally translate relative to movement of the at least one floating sash between the fully open position and the fully closed position (see figures 4-5 showing the sash to laterally translate which moves the sash away and towards the frame 2 when opening and closing), wherein:
the at least one floating sash is in the fully open position in correspondence with the floating seal in the relaxed configuration and the floating seal is passively engaged with the fenestration frame (similar to claim 1 above, since this is due for correction under new matter issues, this was also interpreted as per applicant’s disclosure of --partially opened position-- such that the seal is in the relaxed position when the sash is partially opened), and the at least one floating sash is at a first lateral position (sash position corresponding to the relaxed configuration of the floating seal) in correspondence with the at least one floating sash in the fully open position (similar to claim 1 above, since this is due for correction under new matter issues, this was also interpreted as per applicant’s disclosure of --partially opened position--); and
the at least one floating sash is in the closed position in correspondence with the floating seal in the compressed configuration (Excerpt 1 above) and engaged with the fenestration frame, and the at least one floating sash is at a second lateral position (sash position corresponding to the fully compressed configuration of the floating seal) relative to the first lateral position in correspondence with the at least one floating sash in the closed position.
Claim 8
(DiGinosa discloses) The fenestration assembly of claim 7, comprising operation hardware (9 and 10; figure 3) coupled with the at least one floating sash, the operation hardware includes:
an operator (10);
a seal hardware cam (9) operatively coupled with the operator (figures 2-3); and
wherein the seal hardware cam is configured to transition the at least one floating sash between the first lateral position and the second lateral position positions and the floating seal between the relaxed configuration and the compressed configuration (figures 4-5; Excerpt 2 from col. 3 below).
PNG
media_image6.png
152
430
media_image6.png
Greyscale
Excerpt 2
Claim 9
(DiGinosa discloses) The fenestration assembly of claim 7, comprising a seal frame cam (9 and 16; figure 3) coupled between the fenestration frame and the at least one floating sash (figure 3), the seal frame cam includes:
a cam surface (16) coupled with the fenestration frame (figure 3);
a follower surface (9) coupled with the at least one floating sash (figure 3); and
wherein in the closed position the cam surface is engaged with the follower surface and the seal frame cam is configured to transition the at least one floating sash between the first lateral position and the second lateral position and the floating seal between the relaxed configuration and the compressed configuration (see engagement of 9 with the sloped surface of 16 in figures 4-5; also see Excerpt 2 above).
Claim 11
(DiGinosa discloses) The fenestration assembly of claim 1, wherein in the relaxed configuration the floating seal applies a first friction force to one or more of the fenestration frame or the sash face (the friction force applied by the seal when the seal is in the relaxed configuration); and
in the compressed configuration, the floating seal applies a second friction force to one or more of the fenestration frame or the sash face (the friction force applied by the seal to the frame when it is in fully compressed state as shown in figure 7A), and the second friction force is greater than the first friction force (this is true as described above).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over DiGinosa, as applied in claims 1-9 and 11 above, in view of Lawrence (US 9163437).
Claim 10
(DiGinosa discloses) The fenestration assembly of claim 7.
(i) DiGinosa does disclose a float linkage (20), however it is silent regarding comprising a float linkage coupled between the fenestration frame and the at least one floating sash, the float linkage includes:
a sash joint coupled with the at least one floating sash;
a frame joint coupled with the fenestration frame;
a linkage arm coupled with the at least one floating sash at the sash joint and the fenestration frame at the frame joint; and
(ii) wherein the linkage arm is moveable to permit lateral translation of the at least one floating sash between the first lateral position and the second position corresponding to a first rotation position of the linkage arm and a second rotation position of the linkage arm, respectively.
(i) However, Lawrence teaches:
a float linkage (14 and 15; Lawrence figures 1-2) coupled between a fenestration frame (17; note that the linkage is coupled to the frame by way of other elements in between) and an at least one floating sash (12), the float linkage includes:
a sash joint (18) coupled with the at least one floating sash (Lawrence figure 2);
a frame joint (14) coupled with the fenestration frame (Lawrence figure 1);
a linkage arm (19; Lawrence figure 3) coupled with the at least one floating sash at the sash joint and the fenestration frame at the frame joint (note that “at” was interpreted as --In or near the position of--); and
wherein the linkage arm is moveable to permit opening and closing of the at least one floating sash between a first lateral position (sash position when the linkage arm is loosened to allow the sash to move) and a second lateral position (sash position when closed) corresponding to a first rotation position (unlocked position of the linkage arm when the sash is opened) of the linkage arm and a second rotation position (locked position of the linkage arm when the sash is closed) of the linkage arm, respectively (lines 20-23 of col. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide DiGinosa with the float linkage of Lawrence, with a reasonable expectation of success, because both float linkages were known in the art as evidenced above, and one of ordinary skill in the art could have substituted one known element for another, using known methods with no change in their respective functions. Such a substitution would have yielded predictable results to one of ordinary skill in the art at the time the invention was made, since the elements perform as expected and thus the results would be expected.
(ii) (DiGinosa, as modified above, discloses) wherein the linkage arm is moveable to permit lateral translation of the at least one floating sash between the first lateral position and the second position corresponding to a first rotation position (position of the linkage arm when the sash is opened) of the linkage arm and a second rotation position (position of the linkage arm when the sash is closed) of the linkage arm, respectively (note that this would be inevitable via the combination above since the rotation of the linkage arm unlocks the floating sash thus it is permitted be opened therefore correspondingly moving the floating sash in between the first lateral position and second lateral position).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over DiGinosa, as applied in claims 1-9 and 11 above, in view of Mauro (US 5592781).
Claim 12
(DiGinosa discloses) The fenestration assembly of claim 1.
DiGinosa is silent regarding comprising a jamb stop assembly movably coupled with the fenestration frame, the jamb stop assembly includes:
a deployable jamb stop movably coupled with the fenestration frame, the deployable jamb stop including a deployed configuration aligned with the sash face of the at least one floating sash and a retracted configuration misaligned with the sash face; and
a jamb stop biasing element coupled with the deployable jamb stop, wherein the jamb stop biasing element is configured to bias the deployable jamb stop toward the deployed configuration.
However, Mauro teaches:
a jamb stop assembly (Annotated figure 2 below) movably coupled with a fenestration frame (4; Mauro figure 2), the jamb stop assembly includes:
a deployable jamb stop (24) movably coupled with the fenestration frame (Mauro figures 2-3), the deployable jamb stop including a deployed configuration (Mauro figure 2) aligned with a sash face (Annotated figure 2 below) of an at least one floating sash (10) and a retracted configuration (see retraction of part 24 in Mauro figure 3) misaligned with the sash face (Mauro figure 3); and
a jamb stop biasing element (28) coupled with the deployable jamb stop (Mauro figures 2-3), wherein the jamb stop biasing element is configured to bias the deployable jamb stop toward the deployed configuration (lines 61-66 of col. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to provide the frame of the fenestration assembly of DiGinosa with the jamb stop assembly of Mauro, with a reasonable expectation of success, for providing a guiding element to the floating sash therefore the sash will less likely to be popped out of alignment with the frame. Furthermore, the jamb stop assembly of Mauro also provides easy installation and removal of the sash for the predictable and expected reasons such as for cleaning and/or replacing of the floating sash.
PNG
media_image7.png
468
562
media_image7.png
Greyscale
Annotated figure 2
Claim 13
(DiGinosa, as modified above, discloses) The fenestration assembly of claim 12, wherein the floating seal is provided between the sash face and the deployable jamb stop in the deployed configuration (note that this is true upon the combination presented above).
Claim 14
(DiGinosa, as modified above, discloses) The fenestration assembly of claim 12, wherein the at least one floating sash includes a wedge drive (9; figure 3) having a tapered profile (see taper of 9 close to the bottom section in figure 3), and tilting of the at least one floating sash is configured to bias the deployable jamb stop toward the retracted configuration (note that DiGinosa discloses its sash 4 to be capable of tilting via pivot 10 in Excerpt 3 from col. 3 below; further note, this is taught via the combination above teaching the deployable jamb stop to retract such that the sash is tilted out of the frame).
PNG
media_image8.png
182
501
media_image8.png
Greyscale
Excerpt 3
Response to Arguments
Applicant’s arguments and amendments directed to the drawing and specification objections have been considered. The new matter issues directed to the previous drawings were withdrawn.
Applicant's arguments filed 08/18/2025 have been fully considered but they are not persuasive. The arguments were directed to the newly added limitations (i.e., “in the relaxed configuration, the floating seal is relaxed and the floating seal is passively engaged with the fenestration frame, and the at least one floating sash is movable between the fully open position and the fully closed position with the floating seal relaxed and passively engaged with the fenestration frame throughout movement between the fully open position and the fully closed position”). However as set forth above, these amendments calls for new matter issue therefore the arguments supporting these amendments were unpersuasive and the claims were ultimately rejected using the same prior art (DiGinosa).
Applicant argues that “In contrast, in the present application, as recited in amended claim 1 and throughout the Specification, for example, on page 9, lines 6-71, in the relaxed configuration, the floating seal is relaxed and remains passively engaged ("coupled") with the fenestration frame throughout movement between fully open position and fully closed position” (page 8 of the Remarks section). Examiner notes that the original disclosure does not provide sufficient support that the seal is relaxed and remains passively engaged when the sash is fully opened or fully closed. For example, the attached spec from page 12 above merely discloses the seal to be in the relaxed configuration when the sash is partially opened.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/CATHERINE A KELLY/Primary Examiner, Art Unit 3619