DETAILED ACTION
This Office Action is in response to the election filed January 6, 2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-25 are pending. Claims 1-25 stand rejected as set forth below.
Election/Restrictions
Applicant timely traversed the restriction (election) requirement in the reply filed on January 6, 2026. The examiner agreed with applicant’s arguments, the restriction requirement among species I-V, as set forth in the Office action mailed on November 6, 2025, is hereby withdrawn and all claims are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities: the phrase in line 1 is assumed to be “A fastening device”. Appropriate correction is required.
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.
Claims 1-25 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding Claims 1 and 15, the phrase “L-shaped retaining element” is indefinite as the shape of the retaining element does not have only two legs, one longer than the other, which is the strict definition of an L-shape. The specification even calls it “substantially L-shaped retaining element”. Thus, for the purpose of this office action the examiner assumes the phrase to be “substantially L-shaped retaining element”. Applicant should note claims 2-14 and 16-25 stand rejected as being based on a rejected claim.
Regarding Claim 20, the phrase “insertable T-profiles” is indefinite as it is unclear applicant is claiming multiple T-profiles between the seals since the figures only appear to show a singular T-profile between seals. For the purpose of this office action the examiner assumes applicant is referring to a singular T-profile between seals.
Regarding Claim 23, the phrase “wherein, combined” is indefinite as it is unclear that is being combined if anything. In addition it is unclear what is “metallic or non-metallic cover profiles of non-solid material” is referring to.
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.
Claims 1-8, 10, 11, 13-18 and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stramandinoli (US Pub 2019/0136522).
In regard to Claim 1, as best understood by the examiner, Stramandinoli discloses fastening device for facade elements (Figs 5-9, 13, 20), having a metal frame and having a substantially L-shaped retaining element (35 or 121a and seals, 121b and seals) which engages the facade elements toward the outside (Fig 5), is made of a thermal-conduction-reducing material and is releasably fastened on the metal frame by fastening means (screws) (Fig 5) [0065], wherein the metal frame (11a, 11b) is formed with at least one hollow chamber (25) and comprises a facade retaining portion (34) and a supporting portion (11a, 11b) which from the facade element is oriented inward from a facade outside substantially perpendicularly to the plane of the facade elements (Fig 5), wherein, at the supporting portion, a beam module (21a, 21b) is provided which is made of non-metallic material [0049] and is mounted by a form fit at at least two fastening points (28, 32) provided at a distance from one another (Fig 5), the beam module extending continuously along the entire length of the respective metal frame and being coupled with the metal frame on an inside of the facade element such that, in the installed state of the fastening device, the beam module is statically effective as a result of the form fit, for increasing the bending stiffness and the torsional stiffness of the fastening device (Figs 5-9, 13, 20).
In regard to Claim 2, Stramandinoli discloses the fastening device as described above, wherein the supporting portion has in cross-section an L-shape corresponding to a shape and width of the beam module for accordingly-shaped receiving at the metal frame (Figs 5-9, 13, 20).
In regard to Claim 3, Stramandinoli discloses the fastening device as described above, wherein the beam module with accordingly-shaped recesses or grooves corresponding to a shape of retaining ridges or fixing projections of the fastening points is provided at the metal frame for sliding on or mounting the beam module (Figs 5-9, 13, 20).
In regard to Claim 4, Stramandinoli discloses the fastening device as described above, wherein the beam module substantially has an L-shape with an L-leg overlapping the metal frame at the inner surface of the façade (Figs 5-9, 13, 20).
In regard to Claim 5, Stramandinoli discloses the fastening device as described above, wherein the beam module is a wood beam or a beam made of a wood-based material [0049].
In regard to Claim 6, Stramandinoli discloses the fastening device as described above, wherein the beam module is arranged at a distance from a weather-side seal in the direction of the facade outside (Figs 5-9, 13, 20).
In regard to Claim 7, Stramandinoli discloses the fastening device as described above, wherein the beam module is arranged through a portion in the shape of a hollow chamber of the metal frame at a distance from the facade element (Figs 5-9, 13, 20).
In regard to Claim 8, Stramandinoli discloses the fastening device as described above, wherein the beam module is arranged directly adjacent to the facade element or to a seal of the facade element (Figs 5-9, 13, 20).
In regard to Claim 10, Stramandinoli discloses the fastening device as described above, wherein at least one of the fastening points serving for the form fit is realized in the form of a tongue and groove joint (31) (Figs 5-9, 13, 20).
In regard to Claim 11, Stramandinoli discloses the fastening device as described above, wherein the facade element comprises a multiple insulating glazing with at least two glass panels (15’) [0039] (Figs 5-9, 13, 20).
In regard to Claim 13, Stramandinoli discloses the fastening device as described above, wherein at the beam module or at the supporting portion toward the inside of the device, sealing seals are provided (Figs 5-9, 13, 20).
In regard to Claim 14, Stramandinoli discloses the fastening device as described above, wherein holding brackets (32’), which are made of metal and are provided between the metal frame and the facade element, have a first leg for engaging the facade element at its front end or outside and a second leg for being in engagement with or abutting at the facade retaining portion of the metal frame [0077] (Figs 5-9, 13, 14, 20).
In regard to Claim 15, Stramandinoli discloses fastening device for facade elements (Figs 5-9, 13, 20), having a metal frame and having a substantially L-shaped retaining element (35 or 121a and seals, 121b and seals) which engages the facade elements toward the outside (Fig 5), is made of a thermal-conduction-reducing material and is fastened releasably on the metal frame by fastening means (screws) (Fig 5) [0065], wherein the metal frame (11a, 11b) is formed with at least one hollow chamber (25) and comprises a facade retaining portion (34) and a supporting portion (11a, 11b) facing inward from a facade exterior, away from the facade element and substantially perpendicular to the plane of the facade elements (Fig 5), wherein, at the supporting portion, a beam module (21a, 21b) or cover profile is provided which is made of at least partly non-metallic material [0049], is mounted by a form fit at at least two fastening points (28, 32) provided at a distance from one another (Fig 5), extends along the length of the respective metal frame at least section-wise, and is coupled with the metal frame on an inside of the facade element such that it is statically effective in the installed state of the fastening device by means of the form fit or of the fixing at the at least two fastening points, for increasing the bending stiffness and the torsional stiffness of the fastening device (Figs 5-9, 13, 20).
In regard to Claim 16, Stramandinoli discloses the fastening device as described above, wherein at the supporting portion of the metal frame, screw channels are provided at respective determined same positions and in identical shapes for flexible and modular bracketing and receiving of beam modules, cover profiles, fixing elements or end profiles (Figs 5-9, 13, 20).
In regard to Claim 17, Stramandinoli discloses the fastening device as described above, wherein at the inside of the facade element in the metal frame, form-fitting insertable end profiles (23a) are provided (Figs 5-9, 13, 20).
In regard to Claim 18, Stramandinoli discloses the fastening device as described above, wherein at least at the supporting portion of the metal frame, a plurality of screw channels, formed same as to their inner shape, are provided at respective identical positions and with same orientation for each metal frame, for the mounting in a modular way of profiles, modules or fixings (Figs 5-9, 13, 20).
In regard to Claim 23, Stramandinoli discloses the fastening device as described above, wherein, combined, beam modules made of non-metallic solid material [0049] and metallic or non-metallic cover profiles made of non-solid material with a form fit at at least two fastening points are provided at a metal frame (Figs 5-9, 13, 20).
In regard to Claim 24, Stramandinoli discloses the fastening device as described above, wherein at the side of the supporting portion facing away from the beam module or cover profile, a substantially U-shaped receiving means for fastening means engaging across component parts is provided (Figs 5-9, 13, 20).
In regard to Claim 25, Stramandinoli discloses the fastening device as described above, wherein in at least one fastening point for beam modules or cover profiles, a form-fitting part, and a screw channel are provided in an integrated form (Figs 5-9, 13, 20).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Stramandinoli.
In regard to Claim 9, Stramandinoli discloses the fastening device as described above, but does not specifically disclose the form fit is realized in the form of a dovetail joint. The examiner takes Official Notice that dovetail joints are old and well known in the art to more securely hold two elements together. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the joint between elements as disclosed by Stramandinoli to be a dovetail joint, in order to better hold them together.
Claims 12 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Stramandinoli as applied to claim 1 above, and further in view of Newbrough (US Pub 2021/0355679).
In regard to Claim 12, Stramandinoli discloses the fastening device as described above, wherein the retaining element is releasably fixed at the metal frame by means of retractable or sunken screws in the inside of the retaining element (Figs 5-9, 13, 20), but does not specifically disclose the retaining element consists of a synthetic material or a composite synthetic material. Newbrough teaches a retaining element consists of a synthetic material or a composite synthetic material [0032]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the retaining element as disclosed by Stramandinoli out of synthetic or composite synthetic as taught by Newbrough, since the material is well known for its thermally insulating properties.
In regard to Claim 20, as best understood by the examiner, Stramandinoli discloses the fastening device as described above, wherein the room-side elements are open between façade elements adjacent to one another (Fig 5), but does not disclose a T-profile between the elements to close the joint. Newbrough teaches an insertable T-profile (116) is provided for the closing of joints between facade elements adjacent to one another [0033] (Fig 2b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the façade elements of Stamandinoli to include an intertable T-profile as taught by Newbrough, in order to seal the joint between elements as is old and well known in the art.
In regard to Claim 21, Newbrough in the combination discloses the fastening device as described above, wherein the T-profile comprises a barb for fixing [0033] (Fig 2b), but does not specifically disclose it as conical. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the barb as taught by Newbrough to have a conical barb, in order to better hold in the receiving slot.
In regard to Claim 22, Stramandinoli discloses the fastening device as described above, wherein the T-profiles has a fastening means [0033] (Fig 2b).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Stramandinoli as applied to claim 1 above, and further in view of Meakins (US Pub 2020/0024890).
In regard to Claim 19, Stramandinoli discloses the fastening device as described above, but does not disclose the end profiles provided with a U-shaped cross-section are provided for the receiving of lighting means and for form-fitting inserting into the metal frame. Meakins teaches profiles provided with a U-shaped cross-section are provided for the receiving of lighting means and for form-fitting inserting into the metal frame (Figs 21-24) [0124-0125]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the end profile as disclosed by Stramandinoli to include a U-shaped recess for receiving lighting as taugh by Meakins, since as Meakins states in paragraph 0125 that it will enhance the lighting effect.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See list of references on PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Mattei whose telephone number is (571)270-3238. The examiner can normally be reached Monday to Friday 8:00 to 5:00.
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, Namrata Boveja can be reached at 571-272-8105. 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.
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
Prosecution Insights