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 1-9, 11-13, 15-17, 21, 36 and 73-75 are pending.
Claims 10, 14, 18-20, 22-35 and 37-72 are cancelled.
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.
Claim(s) 1, 11, 21 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Pearse (US 2,497,515).
Re claim 1, Pearse discloses a fenestration system (Fig. 1-2) comprising:
a panel assembly (21);
a sill assembly (bottom 17); and
one or more sill panel clips (10 on bottom member of 17);
wherein the one or more sill panel clips (10 on bottom member of 17) are disposed on an upper surface (upper surface of bottom 17, when assembled) of the sill assembly (bottom member of 17);
wherein the one or more sill panel clips (10) secure the panel assembly (21) to the sill assembly (bottom 17);
a plurality of jamb members (left/right members of 17),
a plurality of jamb panel clips (10), each jamb panel clip (10) comprising:
a first connection point (Fig. 2 11), wherein the jamb panel clip (10) attaches to (via pressure) one of the plurality of jamb members (left/right members of 17) at the first connection point (Fig. 2 11); and
a second connection point (Fig .2 15a), wherein the jamb panel clip (10) attaches to (via pressure) the panel assembly (21) at the second connection point (Fig. 2 15a); and
wherein the plurality of jamb panel clips (10) secure the panel assembly (21) to the plurality of jamb members (left/right 17), and prevent movement of the panel (21) in a direction perpendicular to (vertically along the page per Fig. 2) a lengthwise axis (length of 21) of the panel (21).
In the event the Examiner over broadly construed the phrase, prevent movement of the panel in a direction perpendicular a lengthwise axis of the panel, see alternative rejection under 35 USC 103 below.
Re claim 11, Pearse discloses the fenestration system of claim 1, wherein the one or more sill panel clips (10) secure the panel assembly (21) to the sill assembly (bottom 17) preventing movement (Fig. 2) of a bottom (bottom of 21) of the panel assembly (21) in a direction perpendicular ( Fig. 2 to the left) to a lengthwise axis (horizontally) of the panel assembly (21). In the event the Examiner over broadly construed the phrase, prevent movement of the panel in a direction perpendicular to a lengthwise axis of the panel, see alternative rejection under 35 USC 103 below.
Re claim 21, Pearson discloses the fenestration system of claim 1, wherein the fenestration system (Fig. 1-2) lacks fasteners passing through (Fig. 1-2 )the plurality of jamb members (left/right 17) and into the panel assembly (21).
Claim(s) 75 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Jackson et al (“Jackson”) (US 7,490,442).
Re claim 75, Jackson discloses a fenestration system (Fig. 2) comprising:
a panel assembly (104);
a sill assembly (64) comprising a clip pocket (36); and
one or more sill panel clips (110);
wherein the one or more sill panel clips (110) are disposed on (after connection to 36) an upper surface (upper surface of 64) of the sill assembly (64);
the one or more sill panel clips (100) comprising a front lip (114) configured to be inserted into (Fig. 3) the clip pocket (36) of the sill assembly (64);
wherein the one or more sill panel clips (110) secure the panel assembly (104) to the sill assembly (64);
a plurality of jamb members (62); and
a plurality of jamb panel clips (110), wherein the plurality of jamb panel clips (110) secure the panel assembly 9104) to the plurality of jamb members (62) and prevent movement of the panel (104) in a direction perpendicular to (into and out of the page) a lengthwise axis (Fig. 2) of the panel (104).
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, 11, 21 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Luvison (US 2021/0246717).
Re claim 1 in the alternative, Pearse discloses a fenestration system (Fig. 1-2) comprising:
a panel assembly (21);
a sill assembly (bottom 17); and
one or more sill panel clips (10 on bottom member of 17);
wherein the one or more sill panel clips (10 on bottom member of 17) are disposed on an upper surface (upper surface of bottom 17, when assembled) of the sill assembly (bottom member of 17);
wherein the one or more sill panel clips (10) secure the panel assembly (21) to the sill assembly (bottom 17);
a plurality of jamb members (left/right members of 17),
a plurality of jamb panel clips (10), each jamb panel clip (10) comprising:
a first connection point (Fig. 2 11), wherein the jamb panel clip (10) attaches to (via pressure and 35/36) one of the plurality of jamb members (left/right members of 17) at the first connection point (Fig. 2 11); and
a second connection point (Fig .2 15a), wherein the jamb panel clip (10) attaches to (via pressure) the panel assembly (21) at the second connection point (Fig. 2 15a),
but fails to explicitly disclose the plurality of jamb panel clips prevent movement of the panel in a direction perpendicular to a lengthwise axis of the panel.
However, Luvison discloses the plurality of jamb panel clips (200) prevent movement (due to 230 extending through) of the panel (24, 26) in a direction perpendicular to a lengthwise axis (along 26) of the panel (24, 26).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the plurality of jamb panel clips prevent movement of the panel in a direction perpendicular to a lengthwise axis of the panel as disclosed by Luvison in order to provide rigidity to the connection such that unintentional separation of the panel is better prevented.
Re claim 11 in the alternative, Pearse discloses the fenestration system of claim 1, wherein the one or more sill panel clips (10) secure the panel assembly (21) to the sill assembly (bottom 17) but fails to disclose the one or more sill panel clips prevent movement of the panel in a direction perpendicular to a lengthwise axis of the panel (due to a potential ability to move along 114 from the side of 118, though not against 114 from the other direction).
However, Luvison discloses the one or more sill panel clips (200) prevent movement (due to 230 extending through) of the panel (24, 26) in a direction perpendicular to a lengthwise axis (along 26) of the panel (24, 26).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the one or more sill panel clips prevent movement of the panel in a direction perpendicular to a lengthwise axis of the panel as disclosed by Luvison in order to provide rigidity to the connection such that unintentional separation of the panel is better prevented.
Re claim 21, Pearson as modified discloses the fenestration system of claim 1, wherein the fenestration system (Fig. 1-2) lacks fasteners passing through (Fig. 1-2 )the plurality of jamb members (left/right 17) and into the panel assembly (21).
Claim(s) 2-3, 9, 15-17, 74 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Jackson et al (“Jackson”) (US 7,490,442).
Re claim 2, Pearse as modified discloses the fenestration system of claim 1, but fails to disclose the jamb members comprising: receiving slots; the plurality of jamb panel clips comprising one or more jamb retention hooks; and wherein the one or more jamb retention hooks are configured to fit within the receiving slots securing the plurality of jamb panel clips to the plurality of jamb members.
However, Jackson discloses the jamb members (62; 14) comprising: receiving slots (36); the plurality of jamb panel clips (110) comprising one or more jamb retention hooks (114); and wherein the one or more jamb retention hooks (114) are configured to fit within the receiving slots (36) securing the plurality of jamb panel clips (110) to the plurality of jamb members (14; 62).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the jamb members comprising: receiving slots; the plurality of jamb panel clips comprising one or more jamb retention hooks; and wherein the one or more jamb retention hooks are configured to fit within the receiving slots securing the plurality of jamb panel clips to the plurality of jamb members as disclosed by Jackson in order to allow the clips to tool-lessly snap into place during assembly.
Re claim 3, Pearse discloses the fenestration system of claim 2, Jackson discloses wherein a portion (114) of the one or more jamb retention hooks (114) are angled with respect to a bottom surface (bottom of 110) of the plurality of jamb panel clips (110) but fails to disclose by 10 to 170 degrees.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the angle to be about 10 to 170 degrees in order to provide sufficient springability to spring into 36, while not being so stiff so as not to enter and/or fracture. In addition, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 9, Pearse discloses the fenestration system of claim 1, the panel assembly (21) comprising: a panel (21); but fails to disclose a sill panel filler, wherein the sill panel filler is fastened to a bottom of the panel.
However, Jackson discloses a sill panel filler (106), wherein the sill panel filler (106) is fastened to (Fig. 2) a bottom (bottom of 104) of the panel (104).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with a sill panel filler, wherein the sill panel filler is fastened to a bottom of the panel as disclosed by Jackson in order to provide additional strength and rigidity, or to cover the overlapping surface for waterproofing.
Re claim 15, Pearse discloses the fenestration system of claim 1, but fails to disclose the jamb members comprising: a receiving aperture; and the plurality of jamb panel clips comprising a projection, wherein the projection is configured to be inserted into the receiving aperture.
However, Jackson discloses the jamb members (62) comprising: a receiving aperture (36); and the plurality of jamb panel clips (110) comprising a projection (114), wherein the projection (114) is configured to be inserted into (Col 5 lines 49-53) the receiving aperture (36).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the jamb members comprising: a receiving aperture; and the plurality of jamb panel clips comprising a projection, wherein the projection is configured to be inserted into the receiving aperture as disclosed by Jackson in order to allow the clips to tool-lessly snap into place during assembly.
Re claim 16, Pearse as modified discloses the fenestration system of claim 15, Jackson discloses the projection (114) comprising a pin (114; Merriam-Webster defining a “pin” as, “a piece of solid material used especially for fastening things together”).
Re claim 17, Pearse discloses the fenestration system of claim 1, but fails to disclose further comprising a fastener, wherein the fastener is driven through the jamb panel clip into the jamb member at an angle with respect to a plane of the panel.
However, Jackson discloses further comprising a fastener (112), wherein the fastener (112) is driven through the jamb panel clip (110) into the jamb member (62) at an angle (90 degrees) with respect to a plane (horizontal plane) of the panel (104).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse further comprising a fastener, wherein the fastener is driven through the jamb panel clip into the jamb member at an angle with respect to a plane of the panel as disclosed by Jackson in order to provide more secure attachment between the features, as a screw is more secure than mere snap-fit connections.
Re claim 74, Pearse discloses the fenestration system of claim 1, but fails to disclose further comprising a first fastener and a second fastener, wherein the first fastener is configured to be driven at an angle through the jamb panel clip and into the jamb member at the first attachment point, and wherein the second fastener is configured to be driven through the jamb panel clip and into the panel at the second attachment point.
However, Jackson discloses further comprising a first fastener (112), wherein the fastener (112) is configured to be driven at an angle (90 degrees) through the jamb panel clip (110) and into the jamb member (62).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse further comprising a first fastener configured to be driven at an angle through the jamb panel clip and into the jamb member at the first attachment point as disclosed by Jackson in order to provide more secure attachment between the features, as a screw is more secure than mere snap-fit connections.
In addition, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse as modified by Jackson to have a second fastener, wherein the second fastener is configured to be driven through the jamb panel clip and into the panel at the second attachment point in order to increase strength and rigidity of the connection through use of a second fastener. In general, 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.
Claim(s) 2-3, 9, 15-17, 74 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Luvison (US 2021/0246717) and Jackson et al (“Jackson”) (US 7,490,442).
Re claim 2, Pearse as modified discloses the fenestration system of claim 1, but fails to disclose the jamb members comprising: receiving slots; the plurality of jamb panel clips comprising one or more jamb retention hooks; and wherein the one or more jamb retention hooks are configured to fit within the receiving slots securing the plurality of jamb panel clips to the plurality of jamb members.
However, Jackson discloses the jamb members (62; 14) comprising: receiving slots (36); the plurality of jamb panel clips (110) comprising one or more jamb retention hooks (114); and wherein the one or more jamb retention hooks (114) are configured to fit within the receiving slots (36) securing the plurality of jamb panel clips (110) to the plurality of jamb members (14; 62).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the jamb members comprising: receiving slots; the plurality of jamb panel clips comprising one or more jamb retention hooks; and wherein the one or more jamb retention hooks are configured to fit within the receiving slots securing the plurality of jamb panel clips to the plurality of jamb members as disclosed by Jackson in order to allow the clips to tool-lessly snap into place during assembly.
Re claim 3, Pearse discloses the fenestration system of claim 2, Jackson discloses wherein a portion (114) of the one or more jamb retention hooks (114) are angled with respect to a bottom surface (bottom of 110) of the plurality of jamb panel clips (110) but fails to disclose by 10 to 170 degrees.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the angle to be about 10 to 170 degrees in order to provide sufficient springability to spring into 36, while not being so stiff so as not to enter and/or fracture. In addition, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Re claim 9, Pearse as modified discloses the fenestration system of claim 1, the panel assembly (21) comprising: a panel (21); but fails to disclose a sill panel filler, wherein the sill panel filler is fastened to a bottom of the panel.
However, Jackson discloses a sill panel filler (106), wherein the sill panel filler (106) is fastened to (Fig. 2) a bottom (bottom of 104) of the panel (104).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with a sill panel filler, wherein the sill panel filler is fastened to a bottom of the panel as disclosed by Jackson in order to provide additional strength and rigidity, or to cover the overlapping surface for waterproofing.
Re claim 15, Pearse as modified discloses the fenestration system of claim 1, but fails to disclose the jamb members comprising: a receiving aperture; and the plurality of jamb panel clips comprising a projection, wherein the projection is configured to be inserted into the receiving aperture.
However, Jackson discloses the jamb members (62) comprising: a receiving aperture (36); and the plurality of jamb panel clips (110) comprising a projection (114), wherein the projection (114) is configured to be inserted into (Col 5 lines 49-53) the receiving aperture (36).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the jamb members comprising: a receiving aperture; and the plurality of jamb panel clips comprising a projection, wherein the projection is configured to be inserted into the receiving aperture as disclosed by Jackson in order to allow the clips to tool-lessly snap into place during assembly.
Re claim 16, Pearse as modified discloses the fenestration system of claim 15, Jackson discloses the projection (114) comprising a pin (114; Merriam-Webster defining a “pin” as, “a piece of solid material used especially for fastening things together”).
Re claim 17, Pearse as modified discloses the fenestration system of claim 1, but fails to disclose further comprising a fastener, wherein the fastener is driven through the jamb panel clip into the jamb member at an angle with respect to a plane of the panel.
However, Jackson discloses further comprising a fastener (112), wherein the fastener (112) is driven through the jamb panel clip (110) into the jamb member (62) at an angle (90 degrees) with respect to a plane (horizontal plane) of the panel (104).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse further comprising a fastener, wherein the fastener is driven through the jamb panel clip into the jamb member at an angle with respect to a plane of the panel as disclosed by Jackson in order to provide more secure attachment between the features, as a screw is more secure than mere snap-fit connections.
Re claim 74, Pearse as modified discloses the fenestration system of claim 1, but fails to disclose further comprising a first fastener and a second fastener, wherein the first fastener is configured to be driven at an angle through the jamb panel clip and into the jamb member at the first attachment point, and wherein the second fastener is configured to be driven through the jamb panel clip and into the panel at the second attachment point.
However, Jackson discloses further comprising a first fastener (112), wherein the fastener (112) is configured to be driven at an angle (90 degrees) through the jamb panel clip (110) and into the jamb member (62).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse further comprising a first fastener configured to be driven at an angle through the jamb panel clip and into the jamb member at the first attachment point as disclosed by Jackson in order to provide more secure attachment between the features, as a screw is more secure than mere snap-fit connections.
In addition, it would have been obvious one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse as modified by Jackson to have a second fastener, wherein the second fastener is configured to be driven through the jamb panel clip and into the panel at the second attachment point in order to increase strength and rigidity of the connection through use of a second fastener. In general, 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.
Claim(s) 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Champlin (US 8,863,440).
Re claim 4, Pearse discloses the fenestration system of claim 1, but fails to disclose the jamb panel clips comprising a trim retention element.
However, Champlin discloses the jamb panel clips (34) comprising a trim retention element (44).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the jamb panel clips comprising a trim retention element as disclosed by Champlin in order to allow for attachment of a cover to conceal the clips, and provide decoration (Col 4 lines 36-39).
Re claim 5, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses the trim retention element (44) comprising a snap- fit mechanism (42/44).
Re claim 6, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses the trim retention element (44) comprising a dovetail snap fastener (Fig. 3, 44/42).
Re claim 7, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses further comprising a trim piece (40), wherein the trim piece (40) is engaged with (Fig. 3, via 42) the trim retention element (44).
Re claim 8, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses the trim piece (40) comprising a trim stop (46).
Claim(s) 4-8 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Luvison (US 2021/0246717) and Champlin (US 8,863,440).
Re claim 4, Pearse as modified discloses the fenestration system of claim 1, but fails to disclose the jamb panel clips comprising a trim retention element.
However, Champlin discloses the jamb panel clips (34) comprising a trim retention element (44).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the jamb panel clips comprising a trim retention element as disclosed by Champlin in order to allow for attachment of a cover to conceal the clips, and provide decoration (Col 4 lines 36-39).
Re claim 5, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses the trim retention element (44) comprising a snap- fit mechanism (42/44).
Re claim 6, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses the trim retention element (44) comprising a dovetail snap fastener (Fig. 3, 44/42).
Re claim 7, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses further comprising a trim piece (40), wherein the trim piece (40) is engaged with (Fig. 3, via 42) the trim retention element (44).
Re claim 8, Pearse as modified discloses the fenestration system of claim 4, Champlin discloses the trim piece (40) comprising a trim stop (46).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Procton (US 5,943,825).
Re claim 12, Pearse discloses the fenestration system of claim 1,but fails to disclose the panel assembly comprising a central projection; wherein the central projection is disposed on a bottom side of the panel assembly; and wherein the central projection is configured to at least partially fit within the one or more sill panel clips.
However, Procton discloses the panel assembly (100) comprising a central projection (112); wherein the central projection (112) is disposed on a bottom side (bottom of 13) of the panel assembly (13); and wherein the central projection (112) is configured to at least partially fit within (Fig. 4) the one or more sill panel clips (12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the panel assembly comprising a central projection; wherein the central projection is disposed on a bottom side of the panel assembly; and wherein the central projection is configured to at least partially fit within the one or more sill panel clips as disclosed by Procton in order to provide spacing between elements for ventilation or to aid in alignment.
Re claim 13, Pearse as modified discloses the fenestration system of claim 12, Procton discloses the one or more sill panel clips (12) comprising a raised stop member (sides of 19), wherein the raised stop member (at 19) is configured to prevent movement (such as to the left, or below 12) of the central projection (112) to the interior side of the sill assembly (35).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the one or more sill panel clips comprising a raised stop member, wherein the raised stop member is configured to prevent movement of the central projection to the interior side of the sill assembly as disclosed by Procton in order to provide an attachment point for a seal (Col 5 lines 4-6).
Claim(s) 12-13 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Pearse (US 2,497,515) in view of Luvison (US 2021/0246717) in view of Procton (US 5,943,825).
Re claim 12, Pearse as modified discloses the fenestration system of claim 1,but fails to disclose the panel assembly comprising a central projection; wherein the central projection is disposed on a bottom side of the panel assembly; and wherein the central projection is configured to at least partially fit within the one or more sill panel clips.
However, Procton discloses the panel assembly (100) comprising a central projection (112); wherein the central projection (112) is disposed on a bottom side (bottom of 13) of the panel assembly (13); and wherein the central projection (112) is configured to at least partially fit within (Fig. 4) the one or more sill panel clips (12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the panel assembly comprising a central projection; wherein the central projection is disposed on a bottom side of the panel assembly; and wherein the central projection is configured to at least partially fit within the one or more sill panel clips as disclosed by Procton in order to provide spacing between elements for ventilation or to aid in alignment.
Re claim 13, Pearse as modified discloses the fenestration system of claim 12, Procton discloses the one or more sill panel clips (12) comprising a raised stop member (sides of 19), wherein the raised stop member (at 19) is configured to prevent movement (such as to the left, or below 12) of the central projection (112) to the interior side of the sill assembly (35).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the fenestration system of Pearse with the one or more sill panel clips comprising a raised stop member, wherein the raised stop member is configured to prevent movement of the central projection to the interior side of the sill assembly as disclosed by Procton in order to provide an attachment point for a seal (Col 5 lines 4-6).
Allowable Subject Matter
Claims 36 and 73 are allowed.
Response to Arguments
Claim Rejections 35 USC 102 and/or 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant’s arguments concerning claim(s) 1 are moot as they do not apply to any of the combination of references above.
Applicant’s argument concerning claim 36 are rendered moot in view of the indication of allowability 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.
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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
Prosecution Insights