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, 19, 21, 36 and 72-73 are pending.
Claims 10, 14, 18, 20, 22-35 and 37-71 are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/12/26 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.
Claim(s) 1-2, 9, 11, 15-17, 19, 36 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Jackson et al (“Jackson”) (US 7,490,442).
Re claim 1, Jackson discloses a fenestration system (100) comprising:
a panel assembly (100);
a sill assembly (64); and
one or more sill panel clips (110);
wherein the one or more sill panel clips (110) are disposed on an upper surface (upper surface of 64, when assembled) of the sill assembly (64);
wherein the one or more sill panel clips (110) secure the panel assembly (10) to the sill assembly (64);
a plurality of jamb members (14; 62),
a plurality of jamb panel clips (110), wherein the plurality of jamb panel clips (110) secure the panel assembly (100) to the plurality of jamb members (14; 62), and prevent movement of the panel (10) in a direction perpendicular to (into and /or out of the opening; due to 114 preventing movement against 114 once sprung into 36) a lengthwise axis (length of 10) of the panel (10).
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 2, Jackson discloses the fenestration system of claim 1, 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).
Re claim 9, Jackson discloses the fenestration system of claim 1, the panel assembly (100) comprising: a panel (104); and 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).
Re claim 11, Jackson discloses the fenestration system of claim 1, wherein the one or more sill panel clips (110) secure the panel assembly (10) to the sill assembly (64) preventing movement (via 114 disposed interior to 36) of a bottom (bottom of 10) of the panel assembly (10) in a direction perpendicular ( Fig. 2 to the left) to a lengthwise axis (horizontally) of the panel assembly (100). 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 15, Jackson discloses the fenestration system of claim 1, 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).
Re claim 16, Jackson discloses the fenestration system of claim 15, 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, Jackson discloses the fenestration system of claim 1, but fails to disclose 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).
Re claim 19, Jackson discloses the fenestration system of claim 1, wherein the plurality of jamb panel clips (110)are formed of a metal (Col 5 line 35), a polymer, or a composite.
Re claim 36, Jackson discloses a fenestration system (100) comprising:
a panel (104); and
one or more jamb members (62), the one or more jamb members (62) comprising one or more receiving slots (36);
one or more jamb panel clips (110), wherein the one or more jamb panel clips (110) secure the panel (104) to the one or more jamb members (62), the one or more 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 (Fig. 3) the one or more receiving slots (36) securing the one or more jamb panel clips (110) to the one or more jamb members (62), and
wherein the one or more jamb panel clips (110) are configured to secure (Fig. 3) the panel (104) to the one or more jamb members (62), and prevent movement of the panel (10) in a direction perpendicular to (into and /or out of the opening; due to 114 preventing movement against 114 once sprung into 36) a lengthwise axis (length of 10) of the panel (10).
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.
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, 36 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al (“Jackson”) (US 7,490,442) in view of Luvison (US 2021/0246717).
Re claim 1 in the alternative, Jackson discloses a fenestration system (100) comprising:
a panel assembly (10);
a sill assembly (64); and
one or more sill panel clips (110; 36);
wherein the one or more sill panel clips (110; 36) are disposed on an upper surface (upper surface of 64, when assembled) of the sill assembly (64);
wherein the one or more sill panel clips (110, 36) secure the panel assembly (10) to the sill assembly (64);
a plurality of jamb members (14; 62),
a plurality of jamb panel clips (36; 110), wherein the plurality of jamb panel clips (36; 110) secure the panel assembly (100) to the plurality of jamb members (14; 62), but fails to disclose the plurality of jamb 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 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 Jackson 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, Jackson discloses the fenestration system of claim 1, wherein the one or more sill panel clips (110) secure the panel assembly (10) to the sill assembly (64) 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 Jackson 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 36 in the alternative, Jackson discloses a fenestration system (100) comprising:
a panel (104); and
one or more jamb members (62), the one or more jamb members (62) comprising one or more receiving slots (36);
one or more jamb panel clips (110), wherein the one or more jamb panel clips (110) secure the panel (104) to the one or more jamb members (62), the one or more 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 (Fig. 3) the one or more receiving slots (36) securing the one or more jamb panel clips (110) to the one or more jamb members (62), and
wherein the one or more jamb panel clips (110) are configured to secure (Fig. 3) the panel (104) to the one or more jamb members (62), but fails to disclose the plurality of jamb 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 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 Jackson 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.
Claim(s) 3, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al (“Jackson”) (US 7,490,442).
Re claim 3, Jackson discloses the fenestration system of claim 2, 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 Jackson 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 21, Jackson discloses the fenestration system of claim 1, but fails to disclose wherein the fenestration system lacks fasteners passing through the plurality of jamb members and into the panel assembly.
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 Jackson wherein the fenestration system lacks fasteners passing through the plurality of jamb members and into the panel assembly (such as by using an adhesive instead of screws 112) in order to provide for simple, tool-less installation.
Claim(s) 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al (“Jackson”) (US 7,490,442) in view of Champlin (US 8,863,440).
Re claim 4, Jackson 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 Jackson 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, Jackson 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, Jackson 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, Jackson 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, Jackson 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 Jackson et al (“Jackson”) (US 7,490,442) in view of Procton (US 5,943,825).
Re claim 12, Jackson 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 Jackson 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, Jackson 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 Jackson 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) 72-73 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al (“Jackson”) (US 7,490,442) in view of Lovgren (US 4,840,002).
Re claim 72, Jackson discloses the fenestration system of claim 36, but fails to disclose the one or more jamb panel clips further comprising a stop notch, wherein the stop notch is configured to fit against an external surface of the one or more jamb members adjacent the receiving slot.
However, Lovgren discloses the one or more jamb panel clips (20) further comprising a stop notch (at 34, formed by 54 and 56), wherein the stop notch (at 34, formed by 54 and 56) is configured to fit against an external surface (of 60) of the one or more jamb members (60) adjacent the receiving slot (per the above)
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 Jackson with the one or more jamb panel clips further comprising a stop notch, wherein the stop notch is configured to fit against an external surface of the one or more jamb members adjacent the receiving slot as disclosed by Lovgren in order to provide rigidity to the mounting (Col 4 lines 62-65).
Re claim 73, Jackson as modified discloses the fenestration system of claim 72, Lovgren discloses wherein the stop notch (at 34, formed by 54 and 56) is configured to prevent the panel (per the above) from moving toward (Col 4 line 61 – Col 5 line 2) the one or more jamb members (60).
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.
The majority of Applicant’s arguments are moot as they do not apply to the combination of reference relied upon in the above. However, some of Applicant’s arguments concerning Jackson (beginning on Page 9 regarding previous claim 71) remain pertinent and thus will be addressed below.
Applicant cites [0032] of Jackson which discloses how clips 110 engage the retainers. Applicant states that the engagement between 110 and 36 may keep the window frame 102 from moving with respect to the opening 40. However, Applicant states that the clips 110 are not directly connected to window element 104 itself, and there is no evidence that this configuration prevents the window element from moving with respect to the opening. The Examiner respectfully disagrees. Panel 104 is directly connected to the frame element which includes clips 110. Clips 110 include spring tabs 114 which deflect into recess 36. Once deflected therein, the frame (and thus the panel) are statically connected to 40. Such static connection prevents movement. The panel may not move “backwards” out of the opening due to the tabs. Although it is conceivable that the window may move in one direction out of the opening (along the length of the tabs), such a situation is unlikely the case as the window would be subject to falling out. In any event, the language does not preclude movement in any direction, and this language is further addressed in the above in the alternative with respect to Luvison.
In response to the Advisory Action, Applicant points to the stop notch as the “how” movement is prevented. It is noted that this feature is present in new claims 72-73. Jackson is not relied upon disclosing this feature and instead, newly relied upon Lovgren discloses a stop notch.
As such the prior art meets the claim.
Conclusion
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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KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635