DETAILED ACTION
This is in response to the application filed on December 19, 2023. 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 1-20 are pending.
Claims 1-20 stand rejected as set forth below.
Claim Objections
Claim 4 recites “the key includes comprises” (line 1). It appears this language is intended to recite “the key includes” and will be interpreted as such.
Claim 11 recites “the key includes comprises” (line 1). It appears this language is intended to recite “the key includes” and will be interpreted as such.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 10, and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3, which is dependent on claim 1, recites “a first position” (line 2). Claim 1 already recites “a first position” (line 12). This is indefinite because clarification is needed on if the same positions are being referred to. It appears the language in claim 3 is intended to recite “a first key position” and will be interpreted as such.
Claim 3, which is dependent on claim 1, recites “a second position” (line 2). Claim 1 already recites “a second position” (line 12). This is indefinite because clarification is needed on if the same positions are being referred to. It appears the language in claim 3 is intended to recite “a second key position” and will be interpreted as such.
Claim 10, which is dependent on claim 8, recites “a first position” (line 2). Claim 8 already recites “a first position” (line 14). This is indefinite because clarification is needed on if the same positions are being referred to. It appears the language in claim 10 is intended to recite “a first key position” and will be interpreted as such.
Claim 10, which is dependent on claim 8, recites “a second position” (line 2). Claim 8 already recites “a second position” (line 14). This is indefinite because clarification is needed on if the same positions are being referred to. It appears the language in claim 10 is intended to recite “a second key position” and will be interpreted as such.
Claim 13 recites “the key stop” (line 4). There is insufficient antecedent basis for this limitation in the claims. It appears this language is intended to recite “the protruding key stop” and will be interpreted as such.
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 1-6 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kunkel (US 2021/0062569) in view of Maney et al (“Maney”) (US 10,435,882).
Regarding claim 1, Kunkel discloses a fixed sash retainer system for a fenestration unit (fig 2) comprising:
a first coupling member (104) for one of a sash (16) and a fenestration frame (12) (fig 3b, 3d);
a second coupling member (122) for the other of the sash (16) and the fenestration frame (12), the first and second coupling members (104, 122) having an engaged condition (fig 3d) in which the first and second coupling members (104, 122) are removably engaged (104 and 122 removably engaged between figs 3b and 3d) to removably and fixedly attach (104 and 122 attach 12 and 16 in fig 3d) the sash (16) to the fenestration frame (12);
the first coupling member (104) being rigid (rigid member 104) and having a seating strip (110) and a clip hook (112), the seating strip (110) having a seat surface (surface of 110) that faces in a first direction (direction of surface of 110) toward and abuts (110 next to 16) the one of the sash (16) and the fenestration frame (12), the clip hook (112) protruding (protrusion of 112) from the seating strip (110) in a second direction (direction of protrusion of 112) opposite the first direction (direction of surface of 110), the clip hook (112) having a solid (solid element 112), tapered cross-sectional profile (tapered profile of 112) that defines a hooked underside (150) of the first coupling member (104);
and the second coupling member (122) being resiliently flexible (flex points 132, 136 in fig 5) between a first position (fig 3d) and a second position (fig 3b), the second coupling member (122) is configured to be in the engaged condition (fig 3d) with the first coupling member (104) when in the first position (fig 3d), the second coupling member (122) is configured to be in a disengaged condition (fig 3b) with the first coupling member (104) when in the second position (fig 3b), the second coupling member (122) having a key feature (138) configured to cooperate with the one of the sash (16) and the fenestration frame (12) to define a key slot (space between 12 and 16 in fig 3d).
Kunkel does not disclose the key slot configured to receive and engage a key that selectively retains the second coupling member in the second position.
Maney discloses a key (fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the first coupling member, the second coupling member, the sash, the fenestration frame, and the key slot disclosed in Kunkel with the key disclosed in Maney. The obstruction (see Kunkel fig 3d annotated below) in the key slot of Kunkel could be taken out, saving material, and the key of Maney could be configured to go into the key slot of Kunkel and retain the second coupling member in the second position. This combination would allow for the sash and the frame to be easily separated and unseparated.
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Kunkel fig 3d annotated
Regarding claim 2, Maney in the combination discloses the fixed sash retainer system of claim 1, further comprising the key (fig 5), the key (fig 5) configured to snap-fit (column 5 line 43 “interference frictional fit”).
Regarding claim 3, as understood by the examiner, Maney in the combination discloses the fixed sash retainer system of claim 2, wherein the key (fig 5) includes a head (12) and a tab (10) that is attached to (10 attached to 12) the head (12) and supported for resilient flexure (claim 1 “the second member includes a bent knee section which is biased”) between a first key position (column 2 line 18 “resting, unused position”) and a second key position (claim 1 “an unbiased position”) relative to the head (12), the tab (10) biased (column 2 line 18 “resting, unused position is biased”) toward the first key position (column 2 line 18 “resting, unused position”), the tab (10) projecting from (10 projecting from 12) the head (12) in the first key position (column 2 line 18 “resting, unused position”), the tab (10) positioned proximate (10 positioned proximate 12) the head (12) in the second key position (claim 1 “an unbiased position”).
Regarding claim 4, Maney in the combination discloses the fixed sash retainer system of claim 3, wherein the key (fig 5) includes a key body (8) that is substantially flat (8 substantially flat), the key body (8) including the head (12) and including a handle end (41), the handle end (41) separated apart from (41 separated apart from 12) the head (12) across the key body (8), the head (12) including an opening (36), the tab (10) attached to the key body (8) and supported for resilient flexure (claim 1 “the second member includes a bent knee section which is biased”) within the opening (36).
Regarding claim 5, Kunkel as modified discloses the fixed sash retainer system of claim 1, wherein the second coupling member (122) comprises a flexible sheet (flexible sheet of 122) of substantially constant thickness (substantially constant thickness of 122) with a first portion (124) and a second portion (130) that are joined at a flexible joint (132), the first portion (124) configured for attachment to (in fig 4, 122 has a hole that could receive a fastener) the other of the sash (16) and the fenestration frame (12). (fig 3d, 5)
Regarding claim 6, Kunkel as modified discloses the fixed sash retainer system of claim 5, wherein the second portion (130) doubles back (130 doubles back) to define a hooked tip (152) and an engagement surface (inner surface of 130), the engagement surface (inner surface of 130) configured to abut (inner surface of 130 could abut 112 depending on the length of the second portion 130 and the angle of the flexible joint 132) the clip hook (112), and the hooked tip (152) configured to hook into (152 configured to hook into 150) the hooked underside (150) of the first coupling member (104) when the second coupling member (122) is in the engaged condition (fig 3d) with the first coupling member (104). (fig 3b, 3d, 5)
Regarding claim 8, Kunkel discloses a fenestration unit (fig 2) comprising: a sash (16) that supports a transparent pane ([0039] line 14-16 “FIG. 3B generally perpendicular to plane defined by the glazing or glass 62 of the first sash”); a fenestration frame (12) (fig 3d);
a first coupling member (104) attached to (104 attached) one of the sash (16) and the fenestration frame (12);
a second coupling member (122) attached to (122 attached) the other of the sash (16) and the fenestration frame (12), the first and second coupling members (104, 122) having an engaged condition (fig 3d) in which the first and second coupling members (104, 122) are removably engaged (104 and 122 removably engaged between figs 3b and 3d) to removably and fixedly attach (104 and 122 attach 12 and 16 in fig 3d) the sash (16) to the fenestration frame (12);
the first coupling member (104) being rigid (rigid member 104) and having a seating strip (110) and a clip hook (112), the seating strip (110) having a seat surface (surface of 110) that faces in a first direction (direction of surface of 110) toward and abuts (110 next to 16) the one of the sash (16) and the fenestration frame (12), the clip hook (112) protruding (protrusion of 112) from the seating strip (110) in a second direction (direction of protrusion of 112) opposite the first direction (direction of surface of 110), the clip hook (112) having a solid (solid element 112), tapered cross-sectional profile (tapered profile of 112) that defines a hooked underside (150) of the first coupling member (104);
and the second coupling member (122) being resiliently flexible (flex points 132, 136 in fig 5) between a first position (fig 3d) and a second position (fig 3b), the second coupling member (122) in the engaged condition (fig 3d) with the first coupling member (104) when in the first position (fig 3d), the second coupling member (122) in a disengaged condition (fig 3b) with the first coupling member (104) when in the second position (fig 3b), the second coupling member (122) having a key feature (138) configured to cooperate with the one of the sash (16) and the fenestration frame (12) to define a key slot (space between 12 and 16 in fig 3d).
Kunkel does not disclose the key slot configured to receive and engage a key that selectively retains the second coupling member in the second position.
Maney discloses a key (fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the first coupling member, the second coupling member, the sash, the transparent pane, the fenestration frame, and the key slot disclosed in Kunkel with the key disclosed in Maney. The obstruction (see Kunkel fig 3d annotated above) in the key slot of Kunkel could be taken out, saving material, and the key of Maney could be configured to go into the key slot of Kunkel and retain the second coupling member in the second position. This combination would allow for the sash and the frame to be easily separated and unseparated.
Regarding claim 9, Maney in the combination discloses the fenestration unit of claim 8, further comprising the key (fig 5), the key (fig 5) configured to snap-fit (column 5 line 43 “interference frictional fit”).
Regarding claim 10, as understood by the examiner, Maney in the combination discloses the fenestration unit of claim 9, wherein the key (fig 5) includes a head (12) and a tab (10) that is attached to (10 attached to 12) the head (12) and supported for resilient flexure (claim 1 “the second member includes a bent knee section which is biased”) between a first key position (column 2 line 18 “resting, unused position”) and a second key position (claim 1 “an unbiased position”) relative to the head (12), the tab (10) biased (column 2 line 18 “resting, unused position is biased”) toward the first key position (column 2 line 18 “resting, unused position”), the tab (10) projecting from (10 projecting from 12) the head (12) in the first key position (column 2 line 18 “resting, unused position”), the tab (10) positioned proximate (10 positioned proximate 12) the head (12) in the second key position (claim 1 “an unbiased position”).
Regarding claim 11, Maney in the combination discloses the fenestration unit of claim 10, wherein the key (fig 5) includes a key body (8) that is substantially flat (8 substantially flat), the key body (8) including the head (12) and including a handle end (41), the handle end (41) separated apart from (41 separated apart from 12) the head (12) across the key body (8), the head (12) including an opening (36), the tab (10) attached to the key body (8) and supported for resilient flexure (claim 1 “the second member includes a bent knee section which is biased”) within the opening (36).
Regarding claim 12, Kunkel as modified discloses the fenestration unit of claim 10, wherein the first coupling member (104) is attached to (104 attached to 16) the sash (16) and the second coupling member (122) is coupled to (122 coupled to 12) the fenestration frame (12); wherein the fenestration frame (12) includes a pane stop (86 in fig 3a) and an underside surface (surface of 86); wherein the pane stop (86) and the sash (16) cooperate (86 and 16 cooperate in a spaced apart manner) to define an opening (opening to the space between 12 and 16 in fig 3d) to the key slot (space between 12 and 16 in fig 3d); and wherein the key feature (138) and the underside surface (surface of 86) cooperate (138 and 86 cooperate in a spaced apart manner) to define the key slot (space between 12 and 16 in fig 3d). (fig 3a, 3b, 3d)
Regarding claim 13, as understood by the examiner, Kunkel as modified discloses the fenestration unit of claim 12, wherein the key feature (138) is a protruding key stop (protrusion 138) that protrudes from (protrusion 138 protrudes from surface of 122) a surrounding surface (surface of 122) of the second coupling member (122); the underside surface (surface of 86); the second coupling member (122) in the second position (fig 3b).
Kunkel does not disclose and wherein the tab is configured to snap-fit against the underside surface with the head abutting against the protruding key stop, thereby retaining the second coupling member in the second position.
Maney discloses wherein the tab (10) is configured to snap-fit (column 5 line 43 “interference frictional fit”); the head (12). (fig 5)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the second coupling member with a protruding key stop, an underside surface, and the second coupling member in a second position disclosed in Kunkel with the key having a tab with a head and a tab as disclosed in Maney. When inserting the tab of Maney into the key slot of Kunkel, the tab would eventually snap fit against the underside surface of Kunkel. Depending on the length of the key of Maney, the head of Maney could be configured to abut against the protruding key stop of Kunkel. Putting the key of Maney by hand into the key slot of Kunkel would raise the second coupling member of Kunkel to its second position, allowing the sash and the frame of Kunkel to be easily separated.
Regarding claim 14, Kunkel as modified discloses the fenestration unit of claim 8, wherein the second coupling member (122) comprises a flexible sheet (flexible sheet of 122) of substantially constant thickness (substantially constant thickness of 122) with a first portion (124) and a second portion (130) that are joined at a flexible joint (132), the first portion (124) configured for attachment to (in fig 4, 122 has a hole that could receive a fastener) the other of the sash (16) and the fenestration frame (12). (fig 3d, 5)
Regarding claim 15, Kunkel as modified discloses the fenestration unit of claim 14, wherein the second portion (130) doubles back (130 doubles back) to define a hooked tip (152) and an engagement surface (inner surface of 130), the engagement surface (inner surface of 130) configured to abut (inner surface of 130 could abut 112 depending on the length of the second portion 130 and the angle of the flexible joint 132) the clip hook (112), and the hooked tip (152) configured to hook into (152 configured to hook into 150) the hooked underside (150) of the first coupling member (104) when the second coupling member (122) is in the engaged condition (fig 3d) with the first coupling member (104). (fig 3b, 3d, 5)
Regarding claim 16, Kunkel discloses a method of manufacturing a fenestration unit (fig 2) comprising:
providing a sash (16) configured for supporting a transparent pane ([0039] line 14-16 “FIG. 3B generally perpendicular to plane defined by the glazing or glass 62 of the first sash”);
providing a fenestration frame (12);
attaching a first coupling member (122) to one of the sash (16) and the fenestration frame (12) (fig 3d);
attaching a second coupling member (122) to the other of the sash (16) and the fenestration frame (12);
removably engaging (104 and 122 removably engaged between figs 3b and 3d) the first and second coupling members (104, 122) into an engaged condition (fig 3d) to removably and fixedly attach (104 and 122 attach 12 and 16 in fig 3d) the sash (16) to the fenestration frame (12);
the first coupling member (104) being rigid (rigid member 104) and having a seating strip (110) and a clip hook (112), the seating strip (110) having a seat surface (surface of 110) that faces in a first direction (direction of surface of 110) toward and abuts (110 next to 16) the one of the sash (16) and the fenestration frame (12), the clip hook (112) protruding (protrusion of 112) from the seating strip (110) in a second direction (direction of protrusion of 112) opposite the first direction (direction of surface of 110), the clip hook (112) having a solid (solid element 112), tapered cross-sectional profile (tapered profile of 112) that defines a hooked underside (150) of the first coupling member (104);
and the second coupling member (122) being resiliently flexible (flex points 132, 136 in fig 5) between a first position (fig 3d) and a second position (fig 3b), the second coupling member (122) in the engaged condition (fig 3d) with the first coupling member (104) when in the first position (fig 3d), the second coupling member (122) in a disengaged condition (fig 3b) with the first coupling member (104) when in the second position (fig 3b), the second coupling member (122) having a key feature (138) configured to cooperate with the one of the sash (16) and the fenestration frame (12) to define a key slot (space between 12 and 16 in fig 3d).
Kunkel does not disclose the key slot configured to receive and engage a key that selectively retains the second coupling member in the second position.
Maney discloses a key (fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the first coupling member, the second coupling member, the sash, the transparent pane, the fenestration frame, and the key slot disclosed in Kunkel with the key disclosed in Maney. The obstruction (see Kunkel fig 3d annotated above) in the key slot of Kunkel could be taken out, saving material, and the key of Maney could be configured to go into the key slot of Kunkel and retain the second coupling member in the second position. This combination would allow for the sash and the frame to be easily separated and unseparated.
Regarding claim 17, Maney in the combination discloses the method of claim 16, further comprising providing the key (fig 5), and snap-fitting (column 5 line 43 “interference frictional fit”) the key (fig 5).
Regarding claim 18, Kunkel as modified discloses the method of claim 17; the fenestration frame (12) and the key feature (138). (fig 3b, 3d)
Kunkel does not disclose further comprising snap-fitting the key between the fenestration frame and the key feature.
Maney discloses snap-fitting (column 5 line 43 “interference frictional fit”) the key (fig 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the fenestration frame and the second coupling member with a key feature as disclosed in Kunkel with the snap-fitting key as disclosed in Maney. When inserting the key of Maney into the key slot of Kunkel, the key of Maney would eventually snap fit between the fenestration frame and the key feature of Kunkel because the key of Maney has a tab 10. This combination would allow Kunkel’s method of manufacturing a fenestration unit to have another flexible member between the unlatched and latched positions.
Regarding claim 19, Kunkel as modified discloses the method of claim 18, wherein the key feature (138) is a protruding key stop (protrusion 138) that protrudes from (138 protrudes from surface of 122) a surrounding surface (surface of 122) of the second coupling member (122). (fig 5)
Regarding claim 20, Kunkel as modified discloses the method of claim 16, wherein the second coupling member (122) comprises a flexible sheet (flexible sheet of 122) of substantially constant thickness (substantially constant thickness of 122) with a first portion (124) and a second portion (130) that are joined at a flexible joint (132), the first portion (124) configured for attachment (in fig 4, 122 has a hole that could receive a fastener) to the other of the sash (16) and the fenestration frame (12). (fig 3d, 5)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kunkel (US 2021/0062569) in view of Maney et al (“Maney”) (US 10,435,882) as applied to claim 1 above, and further in view of Latheif (US 2014/0318050).
Regarding claim 7, Kunkel as modified discloses the fixed sash retainer system of claim 1, the first coupling member (104). (fig 3b)
Kunkel does not disclose wherein the first coupling member is constructed of a polymeric material.
Latheif discloses wherein the first coupling member (120 in fig 10a) is constructed of a polymeric material ([0070] line 9-12 “thermal break material 120… is ABS or polycarbonate, or other material such as plastic”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the first coupling member, the second coupling member, the sash, the fenestration frame, and the key slot disclosed in Kunkel and have the first coupling member be constructed of polymeric material as disclosed in Latheif. Constructing the first coupling member out of a polymeric material would reduce the amount of heat transfer, saving energy costs in a building.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY P HARRIS whose telephone number is (571) 270-5441. The examiner can normally be reached Mon-Fri. 8:00am-5pm.
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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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/ZACHARY P HARRIS/ Examiner, Art Unit 3635
/BRIAN D MATTEI/ Supervisory Patent Examiner, Art Unit 3635
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