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 .
Status of Claims
Claims 1-23 are pending.
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(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al (“Johnson”) (US 2015/0159428) and Fukuro et al (“Fukuro”) (US 2003/0177699).
Re claim 1, Johnson discloses a contain and drain sill system (Fig. 8) for a fenestration unit (10), the contain and drain system (Fig. 8) comprising:
a window or door frame (Fig. 2) comprising a first side jamb (30) and a second side jamb (40) connected to each other (Fig. 2) by a head jamb (50) and a sill (20), wherein the sill (20) and the frame (Fig. 2) comprise an interior side (interior side thereof) and an exterior side (exterior side thereof);
an inner panel (12) retained in the window or door frame (Fig. 1), the inner panel (12) positioned above the sill (20) and between the first side jamb (30) and the second side jamb (40);
an outer panel (15) retained in the window or door frame (Fig. 1), the outer panel (15) positioned above the sill (20) and between the first side jamb (30) and the second side jamb (40);
an inner rail (24) extending along a length (Fig. 8) of the sill (20) between the first side jamb (30) and the second side jamb (40), wherein the inner panel (12) is supported by ([0044]) the inner rail (24);
an outer rail (23) extending along a length (Fig. 8) of the sill (20) between the first side jamb (30) and the second side jamb (40), wherein the outer panel (15) is supported by ([0044]) the outer rail (23), wherein the outer rail (23) is located between the inner rail (24) and the exterior side (left side of 20, see [0044]) of the sill (20);
an inner trough (see examiner comments) located in the sill (20), the inner trough (see examiner comments) located between the interior side (right side of 20) of the sill (20) and the inner rail (24);
an outer trough (25) located in the sill (20), the outer trough (25) located between the inner rail (24) and the outer rail (23);
a containment tank (90) located in the sill (20), wherein the containment tank (90) is located below (Fig. 8) the inner rail (24), the outer trough (25) and at least a portion of the inner trough (see examiner comments);
a plurality of trough drains (61) located in the outer trough (25) between the outer panel (15) and the inner trough (see examiner comments), wherein each trough drain (61) of the plurality of trough drains (61) is configured to drain water (Fig. 8) in the outer trough (25) into the containment tank (90), wherein each trough drain (61) comprises a conduit (Fig. 9, 69) comprising an upper opening (67) and a lower opening (68), wherein water draining from the outer trough (25) into the containment tank (90) enters ([0063]) the conduit (69) through the upper opening (67) and leaves ([0063]) the conduit (69) to enter the containment tank (90) through the lower opening (68); and
a plurality of vents (66, Fig. 3 showing two vents 66) in the sill (22), wherein each vent (66) of the plurality of vents (66) comprises a vent opening (at 66, being an opening) extending through an exterior wall (top wall of 23) and is in fluid communication with (Fig. 8) the containment tank (90),
but fails to disclose the plurality of vents disposed on an exterior wall of the inner rail, and one or more inner trough drains located in the inner trough, the one or more inner trough drains configured to drain water form the inner trough in to the containment tank.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson with the plurality of vents disposed on an exterior wall of the inner rail (instead of just the outer rail) in order to vent both of the inner rail and the outer rail instead of just the outer rail. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019. In addition, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
In addition, Fukuro discloses one or more inner trough drains (17b) located in the inner trough (12b), the one or more inner trough drains (17b) configured to drain water (Fig. 6) from the inner trough (12b) in to the containment tank (13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson with one or more inner trough drains located in the inner trough, the one or more inner trough drains configured to drain water from the inner trough in to the containment tank as disclosed by Fukuro in order to further and better carry water away from the windows through additional draining.
Claim(s) 1-7, 11-13, 17-21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al (“Johnson”) (US 2015/0159428) in view of Soplata (US 2,581,727) and Fukuro et al (“Fukuro”) (US 2003/0177699).
Re claim 1, Johnson discloses a contain and drain sill system (Fig. 8) for a fenestration unit (10), the contain and drain system (Fig. 8) comprising:
a window or door frame (Fig. 2) comprising a first side jamb (30) and a second side jamb (40) connected to each other (Fig. 2) by a head jamb (50) and a sill (20), wherein the sill (20) and the frame (Fig. 2) comprise an interior side (interior side thereof) and an exterior side (exterior side thereof);
an inner panel (12) retained in the window or door frame (Fig. 1), the inner panel (12) positioned above the sill (20) and between the first side jamb (30) and the second side jamb (40);
an outer panel (15) retained in the window or door frame (Fig. 1), the outer panel (15) positioned above the sill (20) and between the first side jamb (30) and the second side jamb (40);
an inner rail (24) extending along a length (Fig. 8) of the sill (20) between the first side jamb (30) and the second side jamb (40), wherein the inner panel (12) is supported by ([0044]) the inner rail (24);
an outer rail (23) extending along a length (Fig. 8) of the sill (20) between the first side jamb (30) and the second side jamb (40), wherein the outer panel (15) is supported by ([0044]) the outer rail (23), wherein the outer rail (23) is located between the inner rail (24) and the exterior side (left side of 20, see [0044]) of the sill (20);
an inner trough (see examiner comments) located in the sill (20), the inner trough (see examiner comments) located between the interior side (right side of 20) of the sill (20) and the inner rail (24);
an outer trough (25) located in the sill (20), the outer trough (25) located between the inner rail (24) and the outer rail (23);
a containment tank (90) located in the sill (20), wherein the containment tank (90) is located below (Fig. 8) the inner rail (24), the outer trough (25) and at least a portion of the inner trough (see examiner comments);
a plurality of trough drains (61) located in the outer trough (25) between the outer panel (15) and the inner trough (see examiner comments), wherein each trough drain (61) of the plurality of trough drains (61) is configured to drain water (Fig. 8) in the outer trough (25) into the containment tank (90), wherein each trough drain (61) comprises a conduit (Fig. 9, 69) comprising an upper opening (67) and a lower opening (68), wherein water draining from the outer trough (25) into the containment tank (90) enters ([0063]) the conduit (69) through the upper opening (67) and leaves ([0063]) the conduit (69) to enter the containment tank (90) through the lower opening (68); and
a plurality of vents (66, Fig. 3 showing two vents 66) in the sill (22), wherein each vent (66) of the plurality of vents (66) comprises a vent opening (at 66, being an opening) extending through an exterior wall (top wall of 23) and is in fluid communication with (Fig. 8) the containment tank (90),
but fails to disclose the plurality of vents disposed on an exterior wall of the inner rail, and one or more inner trough drains located in the inner trough, the one or more inner trough drains configured to drain water from the inner trough in to the containment tank.
However, Soplata discloses the plurality of vents (9, 11) disposed on an exterior wall (21/22, 14) of the inner rail (14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson with the plurality of vents disposed on an exterior wall of the inner rail (instead of just the outer rail) in order to vent both of the inner rail and the outer rail instead of just the outer rail. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019. In addition, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
In addition, Fukuro discloses one or more inner trough drains (17b) located in the inner trough (12b), the one or more inner trough drains (17b) configured to drain water (Fig. 6) from the inner trough (12b) in to the containment tank (13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson with one or more inner trough drains located in the inner trough, the one or more inner trough drains configured to drain water from the inner trough in to the containment tank as disclosed by Fukuro in order to further and better carry water away from the windows through additional draining.
Re claim 2, Johnson as modified discloses a contain and drain sill system according to claim 1, wherein the containment tank (90) extends along the length (Fig. 8) of the sill (20) from the first side jamb (30) to the second side jamb (40).
Re claim 3, Johnson as modified discloses a contain and drain sill system according to claim 1, wherein each vent opening (at 66) of the plurality of vents (66) is located below an upper support surface (top of 23; 24 as modified) of the inner rail (24, as modified) and above a bottom (bottom of 25) of the outer trough (25).
Re claim 4, Johnson as modified discloses a contain and drain sill system according to claim 1, wherein at least one vent opening (at 66) is aligned with (as the language does not recite how they are aligned, and a line may be drawn between the two, thus being “aligned”) each trough drain (61) of the plurality of trough drains (61) when moving along a horizontal axis (Fig. 8) extending through the at least one vent (66) between the interior side (right side of 20) and the exterior side (left side of 20) of the sill (20).
Re claim 5, Johnson as modified discloses a contain and drain sill system according to claim 4, wherein the at least one vent opening (at 66) aligned with each trough drain (61) is located above (Fig. 8) the trough drain (61), and wherein the at least one vent opening (66) is separate and discrete from (Fig. 8) the trough drain (61) with which the at least one vent opening (at 66) is aligned (per the above).
Re claim 6, Johnson as modified discloses a contain and drain sill system according to claim 1, wherein two or more vent openings (at 66) of the plurality of vents (66) are aligned with (as the language does not recite how they are aligned, and a line may be drawn between the two, thus being “aligned”) each trough drain (61) of the plurality of trough drains (61) when moving along a horizontal axis (Fig. 8) extending through the two or more vents (66) between the interior side (right side of 20) and the exterior side (left side of 20) of the sill (20).
Re claim 7, Johnson as modified discloses a contain and drain sill system according to claim 6, wherein the two or more vent openings (at 66) of the plurality of vents (66) aligned with each trough drain (61) are located above (Fig. 8) the trough drain (61), and wherein the two or more vent openings (at 66) are separate and discrete from (Fig. 8) the trough drain (61) with which the two or more vent openings (at 66) (at 66) are aligned (per the above).
Re claim 11, Johnson as modified discloses a contain and drain sill system according to claim 1, wherein the sill (22) comprises a plurality of weep drains (62) in fluid communication with (Fig. 8) the containment tank (90) such that water in the containment tank (90) drains out of the containment tank (62) through the plurality of weep drains (62) under the force of gravity (Fig. 8), wherein the plurality of weep drains (62) are located on the exterior side (left side of 20) of the sill (20), and wherein, for each trough drain (61) of the plurality of trough drains (61), the lower opening (68) of the conduit (69) is located above (at least partially per Fig. 8) each weep drain (62) of the plurality of weep drains (62).
Re claim 12, Johnson as modified discloses a contain and drain sill system according to claim 11, wherein at least one trough drain (61) of the plurality of trough drains (61) is aligned with (as the language does not recite how they are aligned, and a line may be drawn between the two, thus being “aligned”) each weep drain (62) of the plurality of weep drains (62) when moving along a horizontal axis (Fig. 8) extending through the at least one trough drain (61) between the interior side (right side of 20) and the exterior side (left side of 20) of the sill (20).
Re claim 13, Johnson as modified discloses a contain and drain sill system according to claim 11, wherein the at least one vent opening (at 66) aligned with each weep drain (62) is aligned with (as the language does not recite how they are aligned, and a line may be drawn between the two, thus being “aligned”) each weep drain (62) of the plurality of weep drains (62) when moving along a horizontal axis (Fig. 8) extending through the at least one vent opening (at 66) between the interior side (right side of 20) and the exterior side (left side of 20) of the sill (20).
Re claim 17, Johnson discloses a method of controlling water ([0077]; Claim 19) captured in a sill (20) of a fenestration unit (10), the method comprising:
draining water collected (Claim 19) in an outer trough (25) of a sill (20) to a containment tank (90), wherein the outer trough (25) is located between (Fig. 8) an inner rail (24) and an outer rail (23), wherein the inner rail (24) and the outer rail (23) both extend along a length (Fig. 8) of the sill (20), wherein the inner rail (24) supports an inner panel (12) of the fenestration unit (10) and the outer rail (23) supports an outer panel (15) of the fenestration unit (10), and wherein the draining occurs (Claim 19) through a plurality of trough drains (61) located in the outer trough (25) between an outer panel (15) and the inner rail (24), and wherein the containment tank (90) is located below (Fig. 8) the inner rail (24) of the sill (20) and the outer trough (25);
wherein the inner trough (of 24, see examiner comments) is located between an interior side (21) of the sill (20) and the inner rail (24) such that the inner trough (see examiner comments) and the outer trough (25) are located on opposite sides (Fig. 8) of the inner rail (24), and wherein the containment tank (within 20) is located below (Fig. 8) at least a portion of the inner trough (see examiner comments);
draining water (Claim 19) from the containment tank (90) to an exterior side (left side of 20) of the sill (20) through a plurality of weep drains (62) in the sill (20); and
venting air ([0072]) from the containment tank (90) through a plurality of vents (66), wherein each vent (66) of the plurality of vents (66) comprises a vent opening (at 66) extending through a wall (top of 23) and is in fluid communication with (Fig. 8) the containment tank (90),
but fails to disclose the plurality of vents disposed on an exterior wall of the inner rail, draining water collected in an inner trough of the sill into the containment tank.
However, Soplata discloses the plurality of vents (9, 11) disposed on an exterior wall (21/22, 14) of the inner rail (14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Johnson with the plurality of vents disposed on an exterior wall of the inner rail (instead of just the outer rail) in order to vent both of the inner rail and the outer rail instead of just the outer rail. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019. In addition, it has been held that the duplication of parts is considered within the level of ordinary skill in the art absent production of a new or unexpected result. In re Harza, 274 F.2d 669.
In addition, Fukuro discloses draining water (via 17b) collected in an inner trough (12b) of the sill (10) into the containment tank (13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Johnson with draining water collected in an inner trough of the sill into the containment tank as disclosed by Fukuro in order to further and better carry water away from the windows through additional draining.
Re claim 18, Johnson as modified discloses a method according to claim 17, wherein the containment tank (90) extends along the length (Fig. 8) of the sill (20) from the first side jamb (30) to the second side jamb (40).
Re claim 19, Johnson as modified discloses a method according to claim 17, wherein the outer rail (23) is located between (Fig. 8) the outer trough (25) and the exterior side (left side of 20) of the sill (20), but fails to disclose wherein each trough drain of the plurality of trough drains is located closer to the inner rail than an outer rail when moving along a horizontal axis extending between the interior side and the exterior side of the sill.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Johnson wherein each trough drain of the plurality of trough drains is located closer to the inner rail than an outer rail when moving along a horizontal axis extending between the interior side and the exterior side of the sill in order to drain more liquid from a location that is nearer the inner rail, and thus the interior of the fenestration unit. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 20, Johnson as modified discloses a method according to claim 17, wherein at least one vent opening (at 66) is aligned with (as the language does not recite how they are aligned, and a line may be drawn between the two, thus being “aligned”) each trough drain (61) of the plurality of trough drains (61) when moving along a horizontal axis (Fig. 8) extending through the at least one vent (66) between the interior side (right side of 20) and the exterior side (left side of 20) of the sill (20).
Re claim 21, Johnson as modified discloses a method according to claim 17, wherein two or more vent openings (at 66) of the plurality of vents (66) are aligned with (as the language does not recite how they are aligned, and a line may be drawn between the two, thus being “aligned”) each trough drain (61) of the plurality of trough drains (61) when moving along a horizontal axis (Fig. 8) extending through the two or more vents (66) between the interior side (right side of 20) and the exterior side (left side of 20) of the sill (20).
Re claim 23, Johnson as modified discloses a method according to claim 17, wherein each trough drain (61) comprises a conduit (Fig. 9, 69) comprising an upper opening (67) and a lower opening (68), wherein water draining from the outer trough (25) into the containment tank (90) enters ([0063]) the conduit (69) through the upper opening (67) and leaves ([0063]) the conduit (69) to enter the containment tank (90) through the lower opening (68), and, wherein, for each trough drain (61) of the plurality of trough drains (61), the lower opening (68) of the conduit (69) is located above (at least partially per Fig. 8) each weep drain (62) of the plurality of weep drains (62).
Claim(s) 8-10, 14-16 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson et al (“Johnson”) (US 2015/0159428) in view of Soplata (US 2,581,727), Fukuro et al (“Fukuro”) (US 2003/0177699) and Wernlund et al (“Wernlund”) (US 2009/0199486).
Re claim 8, Johnson as modified discloses a contain and drain sill system according to claim 1, wherein the conduit (69) of each trough drain (61) of the plurality of trough drains (61) comprises a first conduit (69), but fails to disclose wherein the trough drain comprises a second conduit comprising a second upper opening and a second lower opening, wherein a portion of water draining from the outer trough into the containment tank enters the second conduit through the second upper opening and leaves the second conduit to enter the containment tank through the second lower opening.
However, Wernlund discloses wherein the trough drain (41) comprises a second conduit (49) comprising a second upper opening (44) and a second lower opening (bottom of 49), wherein a portion of water draining from ([0026]) the outer trough (Johnson: 23) into the containment tank (Fig. 7) enters the second conduit (49) through the second upper opening (44) and leaves the second conduit (49) to enter the containment tank (Fig. 7) through the second lower opening (bottom of 49).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson wherein the trough drain comprises a second conduit comprising a second upper opening and a second lower opening, wherein a portion of water draining from the outer trough into the containment tank enters the second conduit through the second upper opening and leaves the second conduit to enter the containment tank through the second lower opening as disclosed by Wernlund in order to drain more water, or to allow for venting between drains ([0026]).
Re claim 9, Johnson as modified discloses a contain and drain sill system according to claim 8, Wernlund discloses wherein the first conduit (48) and the second conduit (49) are separated from each other (Fig. 4) by an air vent (51) located between (Fig. 4) the first conduit (48) and the second conduit (49), wherein the air vent (51) is located below (Fig. 4) the upper opening (46) of the first conduit (48) and the second upper opening (44) of the second conduit (49), and wherein the air vent (51) is located above (Fig. 4) the lower opening (bottom of 48) of the first conduit (48) and the second lower opening (bottom of 49) of the second conduit (49).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson , wherein the first conduit and the second conduit are separated from each other by an air vent located between the first conduit and the second conduit, wherein the air vent is located below the upper opening of the first conduit and the second upper opening of the second conduit, and wherein the air vent is located above the lower opening of the first conduit and the second lower opening of the second conduit as disclosed by Wernlund in order to provide both drainage and ventilation in a single unit.
Re claim 10, Johnson as modified discloses a contain and drain sill system according to claim 9, Wernlund discloses wherein the air vent (51) is located in (Fig. 7) the containment tank (Fig. 7) below the outer trough (at 66).
Re claim 14, Johnson as modified discloses a contain and drain sill system according to claim 11, wherein the conduit (69) of each trough drain (61) of the plurality of trough drains (61) comprises a first conduit (69), but fails to disclose wherein the trough drain comprises a second conduit comprising a second upper opening and a second lower opening, wherein a portion of water draining from the outer trough into the containment tank enters the second conduit through the second upper opening and leaves the second conduit to enter the containment tank through the second lower opening.
However, Wernlund discloses wherein the trough drain (41) comprises a second conduit (49) comprising a second upper opening (44) and a second lower opening (bottom of 49), wherein a portion of water draining from ([0026]) the outer trough (Johnson: 23) into the containment tank (Fig. 7) enters the second conduit (49) through the second upper opening (44) and leaves the second conduit (49) to enter the containment tank (Fig. 7) through the second lower opening (bottom of 49).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson wherein the trough drain comprises a second conduit comprising a second upper opening and a second lower opening, wherein a portion of water draining from the outer trough into the containment tank enters the second conduit through the second upper opening and leaves the second conduit to enter the containment tank through the second lower opening as disclosed by Wernlund in order to drain more water, or to allow for venting between drains ([0026]).
Re claim 15, Johnson as modified discloses a contain and drain sill system according to claim 14, Wernlund discloses wherein the first conduit (48) and the second conduit (49) are separated from each other (Fig. 4) by an air vent (51) located between (Fig. 4) the first conduit (48) and the second conduit (49), wherein the air vent (51) is located below (Fig. 4) the upper opening (46) of the first conduit (48) and the second upper opening (44) of the second conduit (49), and wherein the air vent (51) is located above (Fig. 4) the lower opening (bottom of 48) of the first conduit (48) and the second lower opening (bottom of 49) of the second conduit (49).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the contain and drain sill system of Johnson , wherein the first conduit and the second conduit are separated from each other by an air vent located between the first conduit and the second conduit, wherein the air vent is located below the upper opening of the first conduit and the second upper opening of the second conduit, and wherein the air vent is located above the lower opening of the first conduit and the second lower opening of the second conduit as disclosed by Wernlund in order to provide both drainage and ventilation in a single unit.
Re claim 16, Johnson as modified discloses a contain and drain sill system according to claim 15, Wernlund discloses wherein the air vent (51) is located in (Fig. 7) the containment tank (Fig. 7) below the outer trough (at 66).
Re claim 22, Johnson as modified discloses a method according to claim 17, wherein each trough drain (61) of the plurality of trough drains (61) comprises a first conduit (69), wherein a portion of water draining (Claim 19) from the outer trough (Johnson: 25) into the containment tank (90) passes through the first conduit (69) or the second conduit, but fails to disclose a second conduit, and wherein a portion of air in the containment tank passes through an air vent located between the first conduit and the second conduit when moving towards the interior side of the sill.
However, Wernlund discloses wherein the trough drain (41) comprises a second conduit (49), and wherein a portion of air (at 51) in the containment tank (Fig. 7) passes through an air vent (51) located between the first conduit (48) and the second conduit (49) when moving towards the interior side (Fig. 7) of the sill (Fig. 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Johnson with a second conduit, and wherein a portion of air in the containment tank passes through an air vent located between the first conduit and the second conduit when moving towards the interior side of the sill as disclosed by Wernlund in order to drain more water, or to allow for venting between drains ([0026]), and to provide both drainage and ventilation in a single unit.
Examiner Comments
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510
691
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Response to Arguments
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 112 is hereby withdrawn.
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant argues the amended language of claim(s) 1 and 17. This language is addressed in view of Fukuro above.
In addition, Applicant argues that Soplata discloses a casement window that does not include a combination of an inner rail or outer rail. Applicant notes that casement windows are not supported by rails. Soplata is not relied upon disclosing these features. Johnson is relied upon as disclosing these features. Soplata is relied upon as disclosing the plurality of vents (9, 11) disposed on an exterior wall (21/22, 14) of the inner rail (14). Further, it is noted that a rail is defined as, “a structural member or support” per Merriam-Webster. 14 satisfies this definition and thus constitutes a rail.
Next, Applicant argues that vents 9/11 of Soplata are on the bottom of channel 14 on an interior side of the casement window. The claim requires the vents disposed on an exterior wall. As no point of reference is provided, any wall thereof may be an exterior wall, as the wall is exterior to any other element. Thus, 9/11 of Soplata are disposed on an exterior wall.
Applicant’s arguments concerning the remaining claims are addressed by the above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
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, 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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635