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 .
Response to Amendment
Applicant’s amendment dated 03/13/2026 has been entered.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-10, and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat. 7,673,666 – Fan.
Regarding claim 1.
Fan discloses a screen assembly (fig 5) for a fenestration unit (Column 2, lines 66-67; The blind-mounting frame 1 is adapted to be mounted on a window/door frame (not shown)) having a fenestration frame, a first panel, and a second panel, the first panel being operable to selectively allow and limit ingress and egress through an opening defined by the fenestration unit (Examiner notes that the description of the details of the fenestration assembly amount to intended use, and that the screen assembly of Fan may be used with such a fenestration assembly and therefore meets the limitations as currently claimed.), the screen assembly (fig 5) comprising:
a pleated screen (3, fig 5) operable to extend across the opening of the fenestration unit when the screen assembly is positioned in a deployed configuration (as in fig 7) and operable to be positioned to allow ingress and egress through the opening of the fenestration unit when the screen assembly is in a stowed configuration (Screen shown fully collapsed in fig 9), the pleated screen including a first lateral end (at 12, fig 5) and a second lateral end (at 21, fig 5) opposite the first lateral end, wherein the pleated screen is substantially flatter when the screen assembly is in the deployed configuration (Examiner notes that pleated screens, by their nature, will flatten out when extended. See figs 5, 7, and 12.) and is folded into pleats when the screen assembly is in the stowed configuration (See figs 3, 7, and 10.);
a screen frame (1, fig 5) coupled to the first lateral end of the pleated screen (at 12, fig 5), the screen frame operable to be engaged with (Column 2, lines 66-67; The blind-mounting frame 1 is adapted to be mounted on a window/door frame (not shown)) and translate relative to the fenestration frame (at least during the installation step) and across the opening (See figs 5, 7, and 12) of the fenestration unit; and
a control member (2, fig 5) coupled to the second lateral end of the pleated screen (at 21, fig 5), the control member slidingly engaged with the screen frame (See figs 3, 5, and 7).
Regarding claim 3.
Fan discloses all limitations of claim 1.
Fan further discloses the screen frame (1, fig 5) includes an upper rail (11, fig 5), a lower rail (11, fig 5), a first stile (12, fig 5) extending between the upper rail and a lower rail at a first lateral end (Near reference character 34 in fig 5) of the upper and lower rails (See fig 5), and a second stile (12, near reference character 14 in fig 5) extending between the upper rail and the lower rail at a second lateral end of the upper and lower rails (See fig 5).
Regarding claim 4.
Fan discloses all limitations of claim 3.
Fan further discloses the first lateral end of the screen (at 125 in fig 7) is coupled to the first stile (at 123 in fig 7).
Regarding claim 5.
Fan discloses all limitations of claim 3.
Fan further discloses the upper rail (11, fig 5), the lower rail (11, fig 5), the first stile (12, fig 5), and the second stile (12 adjacent 14, fig 5) each include a channel (See at 124 in fig 7 and 115 in fig 6) within which an outer perimeter of the pleated screen is positioned when the screen assembly is in the deployed configuration (See figs 6 and 7).
Regarding claim 6.
Fan discloses all limitations of claim 3.
Fan further discloses the first stile (12, fig 5) includes a channel (125, fig 7) within which the pleated screen (3, fig 5) is at least partially concealed (See fig 7) when the screen assembly is in a stowed configuration (as in fig 9).
Regarding claim 7.
The screen assembly of claim 6.
Fan further discloses the control member (2, fig 5) is operable to be positioned at least partially within (Compare figs 5 and 9) the channel (125, fig 7) of the first stile when the screen assembly is in a stowed configuration (as in fig 9).
Regarding claim 8.
Fan discloses all limitations of claim 1.
Fan further discloses the pleated screen (3, fig 5) includes vertical pleats (See fig 5) such that the pleated screen deploys in a horizontal direction (See fig 5).
Regarding claim 9.
Fan discloses all limitations of claim 1.
Fan further discloses the pleated screen (3, fig 5) is operable to be concealed (as in fig 9) by the screen frame (1, fig 5) and the control member (2, fig 5) when the screen assembly is in the stowed configuration (as in fig 9) such that the pleated screen is not visible from an interior side or an exterior side of the fenestration unit (See fig 9).
Regarding claim 10.
Fan discloses all limitations of claim 1.
Fan further discloses the control member (2, fig 5) is movable relative to the screen frame (1, fig 5).
Regarding claim 12.
Fan discloses all limitations of claim 1.
Fan further discloses the screen frame (1, fig 5) includes a channel (115, fig 6) along which the control member (2, fig 5) is operable to translate relative to the screen frame (See figs 5 and 9).
Regarding claim 13.
Fan discloses all limitations of claim 12.
Fan further discloses the control member (2, fig 5) includes a roller (23, fig 6) operable to roll along at least a portion of the channel (115, fig 6) of the screen frame (1, fig 5).
Regarding claim 14.
Fan discloses all limitations of claim 1.
Fan further discloses the screen assembly is a retrofit kit (Column 2, lines 66-67; The blind-mounting frame 1 is adapted to be mounted on a window/door frame (not shown)).
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) 2, 11, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fan in view of US Pat. 7,025,106 – Donnelly.
Regarding claim 2.
Fan discloses all limitations of claim 1.
Fan does not disclose the screen frame is operable to slide laterally within the frame of the fenestration unit.
However, Donnelly teaches the screen frame (20, fig 8) is operable to slide laterally within the frame of the fenestration unit (Compare figs 8 and 9).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Fan with the sliding frame of Donnelly. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing selective coverage of the fenestration opening without collapsing the screen.
Regarding claim 11.
Fan discloses all limitations of claim 1.
Fan does not disclose the control member includes a deployment member operable to engage with a corresponding feature of the fenestration unit, wherein the deployment member restricts movement of the control member relative to the fenestration unit when the screen frame is translated relative to the fenestration unit.
However, Donnelly teaches the control member (including elements from 24 through 26 in fig 9) includes a deployment member (32, fig 9) operable to engage with a corresponding feature (60, fig 9; see also fig 8) of the fenestration unit, wherein the deployment member restricts movement (Examiner notes that the speed adjustment of Donnelly is a restriction of movement) of the control member relative to the fenestration unit when the screen frame is translated relative to the fenestration unit (Column 8, lines 14-19; In the example shown in FIGS. 8 9, the closure speed of the screen door can be easily set by threadably rotating the fastener making up the bias adjuster 68. This threadable rotation of the bias adjuster 68 increases or decreases (depending upon the direction of rotation of the bias adjuster 68) the force applied by the arm 60 on the counterweight 32.).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the assembly of Fan with the deployment member and corresponding feature of Donnelly. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of moderating the closing speed of the screen.
Regarding claim 15.
Fan discloses a fenestration unit, comprising:
a fenestration frame (Column 2, lines 66-67; The blind-mounting frame 1 is adapted to be mounted on a window/door frame (not shown)); and
a screen assembly (Fig 5) operable to be transitioned between a deployed configuration (as in fig 7) to limit ingress and egress through the fenestration unit while allowing air to flow through (Column 5, lines 29-30; pleated blinds 3 may be made of netted fabric.) the opening of the fenestration unit when the first panel is in an open configuration (intended use) and a stowed configuration (as in fig 9) to allow ingress and egress through the opening of the fenestration unit when the second panel is in the open configuration (intended use), wherein,
when the screen assembly is positioned in the stowed configuration, visibility through the second panel is not obscured (as in fig 9), the screen assembly including:
a pleated screen (3, fig 5) operable to extend across the opening of the fenestration unit when the screen assembly is positioned in a deployed configuration (as in fig 7) and operable to be positioned to allow ingress and egress through the opening of the fenestration unit when the screen assembly is in a stowed configuration (when fully collapsed as shown in fig 9), the pleated screen including a first lateral end (adjacent 12 in fig 5) and a second lateral end (adjacent 21, fig 5) opposite the first lateral end (See fig 5), wherein the pleated screen is substantially flatter when the screen assembly is in the deployed configuration (Examiner notes that pleated screens, by their nature, will flatten out when extended. See figs 5, 7, and 12.) and is folded into pleats when in the screen assembly is in the stowed configuration (See figs 3, 7, and 10.);
a screen frame (1, fig 5) coupled to the first lateral end of the pleated screen (at 12, fig 5), and
a control member (2, fig 5) coupled to the second lateral end (at 21, fig 5) of the pleated screen, the control member operable to translate relative to the screen assembly (See figs 5, 7, and 9) and to remain positioned proximate the second panel (The control member is configured to remain in its channels in use and to remain proximate the fenestration unit when in use).
Fan does not disclose a head having a first lateral end and a second lateral end, a sill having a first lateral end and a second lateral end, a first jamb extending between the header and the sill at the first lateral sides of the header and sill, and a second jamb extending between the header and sill at the second lateral sides of the head and sill;
a first panel coupled to the fenestration frame, the first panel being operable to selectively allow and limit ingress and egress through an opening defined by the fenestration unit;
a second panel coupled to the fenestration frame;
the screen frame slidingly coupled to the fenestration frame and operable to translate relative to and along at least a portion of the fenestration frame;
when the screen fame is translated relative to the fenestration frame.
However, Donnelly teaches a head having a first lateral end and a second lateral end (See annotated fig 1), a sill having a first lateral end and a second lateral end (See annotated fig 1), a first jamb extending between the header and the sill at the first lateral sides of the header and sill (See annotated fig 1), and a second jamb extending between the header and sill at the second lateral sides of the head and sill (See annotated fig 1);
a first panel (14, fig 1) coupled to the fenestration frame, the first panel being operable to selectively allow and limit ingress and egress through an opening defined by the fenestration unit;
a second panel (12, fig 1) coupled to the fenestration frame;
the screen frame (20, fig 8) slidingly coupled to the fenestration frame and operable to translate relative to and along at least a portion of the fenestration frame (Compare figs 8 and 9);
when the screen fame is translated relative to the fenestration frame (Compare figs 8 and 9).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the unit of Fan with the frame and panels of Donnelly. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing selective exclusion of persons, animals, and the elements while permitting admittance of sunlight.
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Regarding claim 16.
The combination of Fan and Donnelly teaches all limitations of claim 15.
Fan further discloses the screen frame (1, fig 5) includes an upper rail (11, fig 5), a lower rail (11, fig 5), a first stile (12, fig 5) extending between the upper rail and a lower rail at a first lateral end (Near reference character 34 in fig 5) of the upper and lower rails (See fig 5), and a second stile (12, near reference character 14 in fig 5) extending between the upper rail and the lower rail at a second lateral end of the upper and lower rails (See fig 5), wherein the first stile (12, fig 5) defines a first channel (125, fig 7) within which a portion of the pleated screen (3, fig 5) is housed (See fig 7) when the screen assembly is in a stowed configuration (as in fig 9).
Regarding claim 17.
The combination of Fan and Donnelly teaches all limitations of claim 16.
Fan further discloses the second stile (12, near reference character 14 in fig 5) defines a second channel (at 124 in fig 7), and wherein the control member (2, fig 5) is operable to be substantially contained within the second channel of the second stile when the screen assembly is in the deployed configuration (at least in the transverse direction. See fig 7).
Regarding claim 18.
The combination of Fan and Donnelly teaches all limitations of claim 16.
Fan further discloses the pleated screen (3, fig 5) includes a first longitudinal end (adjacent 12, fig 5) and a second longitudinal end (adjacent 21, fig 5), wherein the upper rail (11, fig 5) of the screen frame (1, fig 5) includes a third channel (115, fig 6) within which the first longitudinal end of the pleated screen is positioned (See fig 6), and the lower rail (11, fig 5) of the screen frame (1, fig 5) includes a fourth channel (115, fig 6) within which the second longitudinal end of the pleated screen is positioned (See fig 6).
Regarding claim 19.
The combination of Fan and Donnelly teaches all limitations of claim 15.
Fan further discloses the pleated screen (3, fig 5) includes vertical pleats (See fig 5) such that the pleated screen deploys in a horizontal direction (See fig 5).
Regarding claim 20.
The combination of Fan and Donnelly teaches all limitations of claim 15.
Fan further discloses the pleated screen (3, fig 5) is operable to be concealed by the screen frame (at 211, fig 9) and the control member (2, fig 9) when the screen assembly is in the stowed configuration (as in fig 9) such that the pleated screen is not visible from an interior side or an exterior side of the fenestration unit (See fig 9).
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Fan and Donnelly as applied to claim 15 above, and further in view of PG Pub. US 2005/0098276 A1 – Agliolo Quartalaro, hereinafter Quartalaro.
Regarding claim 21.
The combination of Fan and Donnelly teaches all limitations of claim 15.
The combination does not teach a ramp positioned on the screen frame and operable to be contacted by the control member to translate the control member upward.
However, Quartalaro teaches a ramp (258, fig 17) positioned on the screen frame and operable to be contacted by the control member (at 230, fig 17) to translate the control member upward (F3, fig 17).
It would have been obvious to a person having ordinary skill in the art, with a reasonable expectation of success, before the effective filing date of the claimed invention to modify the combination of Fan and Donnelly with the ramp of Quartalaro. One of ordinary skill in the art would have been motivated to make this modification in order to yield the predictable result of allowing ease of disengagement of the control bar and the screen frame.
Regarding claim 22.
The combination of Fan, Donnelly, and Quartalaro teaches all limitations of claim 21.
The combination, in Quartalaro further teaches the ramp (258, fig 17) is operable to translate a deployment member (228, fig 17) of the control member (at 230, fig 17) out of a channel (at 261, fig 14) of a bracket to disengage the deployment member from the channel of the bracket (See fig 17).
Response to Arguments
Applicant's arguments filed 03/13/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., translation of the screen frame relative to the fenestration frame while in use) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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 JOHN W HANES JR whose telephone number is (571)272-8840. The examiner can normally be reached M-F 8-5 EST.
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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.
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/J.W.H./Examiner, Art Unit 3634
/ABE MASSAD/Primary Examiner, Art Unit 3634