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 .
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.
Claims 1-3, 7-11, 15, 16, and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Ackley (U.S. Patent No. 573,803) in view of Vande Haar (U.S. Patent Application Publication No. 2021/0238919).
Regarding claim 1, Ackley discloses a screen assembly [FIGS. 1, 2] for a fenestration unit having a frame and a window sash (the fenestration unit, including the frame and the window sash are shown in Figure 1), the screen assembly comprising:
a screen assembly frame (1) configured to be installed onto the frame of the fenestration unit [FIG. 1], the screen assembly frame including a first side member (side member 3 on a first side of the frame 1), a second side member (side member 3 on the opposite second side of the frame 1), an upper member (4) extending between the first side member and the second side member at an upper end [FIG. 3];
a screen housing (housing formed by tube 14 and strip 17) extending between the first side member and the second side member of the screen assembly [FIG. 1], the screen housing having a first housing member (14) and a second housing member (17), wherein the housing forms a screen retention space between the first and second housing members when the screen assembly is in a closed position (the screen retention space is the area between housing members 14 and 17, shown in Figure 7);
a screen (7) positioned between the first and second housing members when the screen assembly is in the closed position [FIG. 7], the screen including a first end (end of the screen coupled to the roller 10) coupled to the first housing member (the screen 7 is coupled to the first housing member via the connection between the roller 10 and the side flanges 11 provided on the screen assembly frame) and a second end (15); and
a catch element (hooks and eyes disclosed in lines 95-100 of page 1 coupling the screen to the sash) configured to be coupled to the window sash [FIG. 7].
Ackley does not disclose that second end of the screen is coupled to the second housing member, the catch element extends from the screen housing, or that the screen is a pleated screen.
Nonetheless, Vande Haar discloses a screen assembly comprising a pleated screen (50) and a housing (42) having a first housing member (44) and a second housing member (46), wherein a second end (54) of the pleated screen is coupled to the second housing member (paragraph 0075) [FIG. 4]; and a catch element (70) extending from the housing and configured to be coupled to a window sash [FIG. 5C].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen, housing, and catch element of Ackley to have the configuration taught by Vande Haar, including the pleated screen, in order to provide protection for the screen and hide it from view when the window sash is opened without the screen being coupled to the sash, so as to provide a more aesthetic and cleaner appearance when the screen is not in use; and to provide a desired appearance for the screen itself or to provide a more compact configuration when the screen is in a retracted position.
Regarding claim 2, Ackley discloses that the screen assembly frame includes a profile capable of being secured to the frame of the fenestration unit (as shown in Figures 1-2 and described in lines 49-69 of page 1, the screen assembly frame 1 is adjusted in size to be secured to the frame of the window).
Regarding claim 3, Ackley discloses that the screen assembly frame is capable of being positioned adjacent to the window sash of the fenestration unit [FIGS. 1, 2].
Regarding claim 7, Ackley discloses the screen and screen housing, but does not disclose a cord system or that the screen is pleated.
Nonetheless, Vande Haar discloses a cord system (system shown in Figure 23, including cord 114) including a cord (114) extending through at least a portion of the pleated screen [FIG. 23] and a cord terminal (230) operable to couple to the screen housing to lock the cord relative to the screen housing (paragraph 0107).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen assembly of Ackley to include the cord system taught by Vande Haar, in order to provide a pleated screen configuration that is more compact in a retracted configuration, and to maintain even extension and retraction of the screen during operation. As set forth with respect to claim 1 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen of Ackley to be a pleated screen as taught by Vande Haar, in order to provide a desired appearance for the screen or to provide a more compact configuration in a retracted state.
Regarding claim 8, Ackley discloses a fenestration unit [FIG. 1] comprising:
a frame having a first portion, a second portion opposite the first portion, a first jamb extending between the first portion and the second portion, and a second jamb opposite the first jamb and extending between the first portion and the second portion [FIG. 1] (see annotated drawing below), wherein the first jamb and the second jamb each include a first pocket (the pockets are defined as the space below the upper sash and in front of the lower sash in which the side members 3 of the screen assembly are installed; one pocket is shown in Figures 2 and 7, and the opposite pocket is provided on the opposite jamb);
a sash [FIG. 1] including a first rail (lower horizontal member), a second rail (upper horizontal member) opposite the first rail, a first stile (first vertical side member) extending between the first and second rails, and a second stile (second vertical side member) opposite the first stile and extending between the first and second rails [FIG. 1] (see annotated drawing below), wherein the first and second stiles include extensions positioned in each first pocket of the first and second jamb such that the extensions are configured to translate within each corresponding first pocket relative to the frame (as shown in Figure 1, the sash is configured to translate vertically within the pocket; the pockets are further shown in Figure 2 as the space in which the sash and screen assembly frame are positioned);
a screen assembly including a screen assembly frame and a screen housing (housing formed by tube 14 and strip 17), the screen assembly frame configured to be installed onto the frame [FIGS. 1, 2], the screen assembly frame including a first side member (side member 3 on a first side of the frame 1), a second side member (side member 3 on the opposite second side of the frame 1), an upper member (4) extending between the first side member and the second side member at an upper end [FIG. 3] and the screen housing extending between the first side member and the second side member of the screen assembly [FIG. 1], the screen housing having a first housing member (14) and a second housing member (17), wherein the housing forms a screen retention space between the first and second housing members when the screen assembly is in a closed position (the screen retention space is the area between housing members 14 and 17, shown in Figure 7);
a screen (7) positioned between the first and second housing members when the screen assembly is in the closed position [FIG. 7], the screen including a first end (end of the screen coupled to the roller 10) coupled to the first housing member (the screen 7 is coupled to the first housing member via the connection between the roller 10 and the side flanges 11 provided on the screen assembly frame) and a second end (15); and
a catch element (hooks and eyes disclosed in lines 95-100 of page 1 coupling the screen to the sash) coupled to the window sash [FIG. 7].
PNG
media_image1.png
768
744
media_image1.png
Greyscale
PNG
media_image2.png
768
698
media_image2.png
Greyscale
Ackley does not disclose that second end of the screen is coupled to the second housing member, the catch element extends from the housing, or that the screen is a pleated screen
Nonetheless, Vande Haar discloses a screen assembly comprising a pleated screen (50) and a housing (42) having a first housing member (44) and a second housing member (46), wherein a second end (54) of the pleated screen is coupled to the second housing member (paragraph 0075) [FIG. 4]; and a catch element (70) extending from the housing and configured to be coupled to a window sash [FIG. 5C].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen, housing, and catch element of Ackley to have the configuration taught by Vande Haar, including the pleated screen, in order to provide protection for the screen and hide it from view when the window sash is opened without the screen being coupled to the sash, so as to provide a more aesthetic and cleaner appearance when the screen is not in use; and to provide a desired appearance for the screen itself or to provide a more compact configuration when the screen is in a retracted position.
Regarding claim 9, Ackley discloses that the first side member of the screen assembly frame is positioned in the first pocket of the frame and the second side member of the screen assembly frame is positioned in the second pocket of the frame (positioning of the side members within the respective pockets on opposing sides of the window frame is shown in at least Figures 1-2).
Regarding claim 10, Ackley discloses that the screen assembly frame includes a profile capable of being secured to the frame of the fenestration unit (as shown in Figures 1-2 and described in lines 49-69 of page 1, the screen assembly frame 1 is adjusted in size to be secured to the frame of the window).
Regarding claim 11, Ackley discloses that the screen assembly frame is capable of being positioned adjacent to the window sash of the fenestration unit [FIGS. 1, 2].
Regarding claim 15, Ackley discloses the screen and screen housing, but does not disclose a cord system.
Nonetheless, Vande Haar discloses a cord system (system shown in Figure 23, including cord 114) including a cord (114) extending through at least a portion of the screen [FIG. 23] and a cord terminal (230) operable to couple to the screen housing to lock the cord relative to the screen housing (paragraph 0107).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen assembly of Ackley to include the cord system taught by Vande Haar, in order to provide a pleated screen configuration that is more compact in a retracted configuration, and to maintain even extension and retraction of the screen during operation.
Regarding claim 16, Ackley discloses the catch element, the housing, and the first sash, but does not disclose that the catch element is positioned on the housing.
Nonetheless, Vande Haar discloses a catch element (70) positioned on the housing (42) such that the housing engages with the first rail of the sash [FIG. 5C]. As set forth with respect to claim 8 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the catch element and housing of Ackley to have the configuration taught by Vande Haar, in order to provide protection and concealment for the screen assembly in a retracted state when not connected to the sash.
Regarding claim 21, Ackley discloses that the second housing member (17) covers the screen retention space when the screen assembly is in a closed position [FIGS. 2, 7].
Regarding claim 22, Ackley discloses the catch element (page 1, lines 95-100), but does not disclose that it extends outwardly from the screen housing relative to a perimeter of the frame.
Nonetheless, Vande Haar discloses a catch element (70) extending outwardly from the screen housing relative to a perimeter of the frame of the fenestration unit and towards the window sash [FIGS. 4, 5C]. As set forth with respect to claim 1 above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the catch element of Ackley to have the configuration taught by Vande Haar, in order to provide detachable means to ensure protection for the screen and hide it from view when the window sash is opened without the screen being coupled to the sash.
Regarding claim 23, Ackley discloses that the catch element defines a hook configured to engage a corresponding member of the window sash (hooks and eyes disclosed in lines 95-100 of page 1 coupling the screen to the sash; shown generally in Figure 1).
Regarding claim 24, Ackley discloses the screen housing and the window sash, but does not disclose an adhesive.
Nonetheless, Vande Haar discloses the use of adhesive between a housing component (100 and the window sash (paragraph 0087).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the screen housing and the window sash of Ackley to include an adhesive, as taught by Vande Haar, in order to ensure a secure and well-sealed connection that is more resistant against wind or other forces that may accidentally dislodge the screen housing.
Regarding claim 25, Ackley discloses that the screen assembly frame is positioned extending at least partially into pockets of the frame of the fenestration unit [FIG. 2].
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ackley (U.S. Patent No. 573,803) in view of Vande Haar (U.S. Patent Application Publication No. 2021/0238919), as applied to claims 1 and 8 above, and further in view of Kelly (U.S. Patent No. 2,898,991).
Regarding claims 4 and 12, Ackley, as modified above, discloses the screen assembly frame and the fenestration frame, but does not disclose a hinge member.
Nonetheless, Kelly discloses a screen assembly frame (F) including a hinge member (H, B) operable to be coupled to a respective fenestration frame [FIGS. 1, 3], wherein the screen assembly frame is operable to pivot away from the fenestration unit about the frame member [FIG. 3].
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen assembly frame of Ackley, as modified above to include the hinge member taught by Kelly, in order to facilitate installation or partial movement of the screen assembly frame for maintenance, repair, cleaning, or replacement.
Claims 5, 6, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ackley (U.S. Patent No. 573,803) in view of Vande Haar (U.S. Patent Application Publication No. 2021/0238919), as applied to claims 1 and 8 above, and further in view of Schmick (WO 2023/028660).
Regarding claims 5, 6, 13, and 14, Ackley, as modified above, discloses the screen assembly frame, but does not disclose a plurality of insect brushes.
Nonetheless, Schmick discloses a screen assembly frame comprising a plurality of insect brushes (60) [FIGS. 4A-4E] operable to be positioned against a frame when installed, wherein the plurality of insect brushes form a substantially contiguous perimeter about the screen assembly frame (paragraph 00109).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the screen assembly of Ackley, as modified above, to include the insect brushes taught by Schmick, in order to create a perimeter light and bug seal that accommodates movement in the frame.
Response to Arguments
Applicant's arguments filed 3/3/26 have been fully considered but they are not persuasive.
Applicant argues that Ackley fails to disclose a pleated screen. This argument is considered moot, as the “pleated” configuration of the screen was introduced in the amendment filed 3/3/26, and Ackley is not relied upon in the above rejection to teach the pleated configuration. Applicant also argues that modifying the screen of Ackley to have the pleated configuration taught by Vande Haar would destroy the principle operation of Ackley, but this is not found persuasive. Although the roller screen of Ackley relies upon tension for operation, Vande Haar teaches a pleated screen that does not require the same kind of tension and still functions in the same manner as the screen of Ackley. Furthermore, one of ordinary skill in the art would recognize the means by which a pleated screen could be used to replace a roller screen for a particular installation, as both types of screens are commonly used in the art.
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
THIS ACTION IS MADE FINAL. 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 ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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.
/ABE MASSAD/Primary Examiner, Art Unit 3634
Prosecution Insights