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 .
This Office Action is in response to the claims filed on 03/04/2026.
Claims 1, 3-6, 8, 10-14, and 16-24 are currently pending and have been examined below. Claims 2, 7, 9, and 15 are cancelled.
Specification
The disclosure is objected to because of the following informalities:
In line 5 of par. 57, “the bottom plane 116” should read -- the bottom pane 116--.
In line 12 of par. 58, “the middle plane 114” should read --the middle pane 114--.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Objections
Claims 4, 6, and 23 are objected to because of the following informalities:
In line 2 of claim 4, “the tongue member” should read --the first tongue member--.
In line 3 of claim 6, “the second movable pane movable being between” should read --the second movable pane being movable between--.
In lines 1 and 2 of claim 23, “the third pane” should read --second movable pane-- and “the movable pane” should read --first movable pane-- for consistency.
Appropriate correction is required. Above provides non-limiting examples, the applicant(s) must find and correct all issues similar to those discussed above.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 24 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 24
Recitations such as “wherein the fixed pane is on a same plane as the first movable pane in the first closed position and the same plane as the second movable pane in the second closed position” on lines 1-3 discloses new matter. Note that these limitations were not explicitly disclosed in the specification as such examiner turns into the drawings to assess the limitations. In the cross-section of figure 7, the fixed pane 116 is located below the first movable pane 114 while, in the cross-section of figure 9, the second movable pane 112 is located above the first movable pane 114. As the three panes are in different positions relative to one another, it cannot be true that the fixed pane is on the same plane as both the first and second movable panes. Note that these cross-sections also indicate that the panes can never be on the same plane when they are all in the closed position. Furthermore if the panes are on the same plane, the panes cannot overlap with each other when the two movable panes are slid up and down as shown in at least figures 6, 8, and 11 unless the respective tracks of the panes have the specific curvature to allow the panes to be coplanar with each other when closed (which is not shown in any of the drawings), therefore the limitations in claim 24 discloses new matter. Additionally, figure 3 shows one pane behind pane 114 in the closed position illustrated in figure 2.
Note that since this claim discloses new matter, this was not addressed in the art rejection under 35 USC § 102/103 below.
Claim Rejections - 35 USC § 102/103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-6, 8, 10-14, and 16-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guszmann (EP 3056414); or in the alternative, Claims 1, 3-6, 8, 10-14, and 16-23 are rejected under 35 U.S.C. 103 as being unpatentable over Guszmann in view of Lance (US 1470382).
Claim 1
(Guszmann discloses) A window assembly (figure 2) having two or more open configurations (figures 1-9) and comprising:
a fixed pane (12);
a movable pane (7);
one or more first latch assemblies (9; figure 4) coupled to the movable pane;
a track assembly (track of the frame 1 receiving the pane 7) configured to support the movable pane, the track assembly including:
a supporting portion (Annotated figure 4 below; also can be seen in figure 6) configured to receive at least a portion of the movable pane (the rollers shown below), and
a locking portion separate from the supporting portion (Annotated figure 4 below) and including two or more notches (the two notches receiving the two tongue members shown below) and configured to receiving at least a portion of a respective latch assembly of the one or more first latch assemblies (Annotated figure 4 below); and
a third pane (8) that is movable independent of the fixed pane and the movable pane (figures 1, 3-4, and 8),
the movable pane being at least partially slidable over the fixed pane and at least partially movable over the third pane (figures 1-9).
However, if the interpretation regarding the separation of the locking portion from the supporting portion is found unreasonable, examiner is directing the attention to the fact that:
(Lance teaches) a movable pane (2);
one or more latch assemblies (Annotated figure 1 below) coupled to the movable pane;
a track assembly (Annotated figure 1 below) configured to support the movable pane, the track assembly including:
a supporting portion (Annotated figure 1 below) configured to receive at least a portion of the movable pane, and
a locking portion (Annotated figure 1 below) separate from the supporting portion and including two or more notches (5) and configured to receiving at least a portion of a respective latch assembly of the one or more latch assemblies (figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the track assembly of Guszmann with supporting and locking portions of the track assembly of Lance, with a reasonable expectation of success, for suitably positioning the locking portion with respect to the latch assembly. Furthermore, the additional notches secure the defined positions of the movable pane to the track assembly.
PNG
media_image1.png
681
853
media_image1.png
Greyscale
Annotated figure 4
PNG
media_image2.png
683
667
media_image2.png
Greyscale
Annotated figure 1
Claim 3
(Guszmann, as modified above, discloses) The window assembly of claim 1, wherein each of
the one or more first latch assemblies includes a first tongue member (Annotated figure 4 above) that is movable between an extended position and a retracted position.
Claim 4
(Guszmann, as modified above, discloses) The window assembly of claim 3, wherein the two or more notches are configured to receive the tongue member of the respective latch assembly of the one or more first latch assemblies (this taught in light of the combination above).
Claim 5
(Guszmann, as modified above, discloses) The window assembly of claim 4, wherein the track assembly is a first track assembly (figure 5), and the window assembly further includes:
a second track assembly (the track receiving 12 best shown in figure 5) configured to receive at least a portion of the fixed pane (figure 5).
Claim 6
(Guszmann, as modified above, discloses) The window assembly of claim 1, wherein the movable pane is a first movable pane (figures 1-9), and the third pane is a second movable pane (figures 1-9), the second movable pane movable being between a first position (figure 1) and an overhead position (figure 5), and
the first movable pane is moveable over the second movable pane and into the overhead position with the second movable pane (note that “over” was interpreted as -- In or at a position above or higher than-- and “with” was interpreted as --In the company of; accompanying--; such that the first movable pane 7 is movable into the position shown in figures 5-6 above and accompanied by the second movable pane 8).
Claim 8
(Guszmann, as modified above, discloses) The window assembly of claim 6, wherein the window assembly further includes:
one or more second latch assemblies (16; figure 9) in association with the second movable pane, each of the one or more second latch assemblies including a second tongue member (tongue members of 16 which is received by locking devices 14 and 15 in figures 4 and 9) that is movable between an extended position and a retracted position (figure 9).
Claim 10
(Guszmann, as modified above, discloses) The window assembly of claim 8, wherein the track assembly is a first track assembly (track of the frame 1 receiving the pane 7), the supporting portion is a first supporting portion (Annotated figure 4 above), the locking portion is a first locking portion (Annotated figure 4 above), the two or more notches are two or more first notches (Annotated figure 4 above), and the window assembly further includes:
a second track assembly (10; figure 4) configured to support the second movable pane (8), the second track assembly including a second supporting portion (channel of 10 receiving 8) and a second locking portion (14), the second supporting portion configured to receive at least a portion of the second movable pane (figure 4), and the second locking portion including one or more second notches (at least two notches of 14 in figure 4) configured to receive the respective tongue member of a respective latch assembly of the one or more second latch assemblies (figure 4).
Claim 21
(Guszmann, as modified above, discloses) The window assembly of claim 1, wherein at least a portion of the locking portion is on top of at least a portion of the supporting portion (Annotated figure 1 above).
Claim 22
(Guszmann, as modified above, discloses) The window assembly of claim 6, wherein a strut (the telescoping strut shown in figure 6) enables movement between the first position and the overhead position (figure 6).
Claim 23
(Guszmann, as modified above, discloses) The window assembly of claim 6, wherein the third pane is movable independently of the movable pane into the overhead position (figures 5-7 showing third pane 8 independently moving into the overhead position in figure 5; Excerpt 1 from page 8 below).
PNG
media_image3.png
186
710
media_image3.png
Greyscale
Excerpt 1
Claim 11
(Guszmann discloses) A window assembly (figure 2) having two or more open configurations (figures 1-9) and comprising:
a fixed pane (12);
a first movable pane (8) movable between a first closed position and an open position (figures 1 and 5-6);
a second movable pane (7) movable between a second closed position and a first partially open position (closed position of 7 shown in figure 1 and the ‘rain cover position’ discussed on Excerpt 2 below which is similar to the rain cover position of the pane 8 in figure 7) where at least a portion of the second movable pane is disposed over the fixed pane (note that in the ‘rain cover position’, the pane 7 is disposed over the fixed pane), and between the second closed position and the open position (figures 1 and 5-6);
one or more first latch assemblies (9; figure 4) coupled to the second movable pane; and
a track assembly (track of the frame 1 receiving the pane 7) configured to support the second movable pane, the track assembly including:
a supporting portion (Annotated figure 4 above; also can be seen in figure 6) configured to receive at least a portion of the second movable pane (the rollers shown above), and
a locking portion separate from the supporting portion (Annotated figure 4 above),
the first movable pane (8) being movable independent of the fixed pane and the second movable pane (figures 3-4, and 7-9).
Guszmann fails to disclose:
(i) the second movable pane movable between the second closed position and a second partially open position where at least a portion of the second movable pane is disposed over the first movable pane;
(ii) the locking portion including one or more first notches corresponding with the second closed position, one or more second notches corresponding with the first partially open position, one or more third notches corresponding with the second partially open position, and one or more fourth notches corresponding with the open position, each notch of the one or more first notches, of the one or more second notches, of the one or more third notches, and of the one or more fourth notches being configured to receive at least a portion of a respective latch assembly of the one or more first latch assemblies.
(However, Lance teaches) a second movable pane (2) movable between a second closed position (closed position shown in Lance figure 1) and a second partially open position (position of pane 2 when 20 is inserted in one of the above notches 5 in figure 1),
one or more latch assemblies (Annotated figure 1 above) coupled to the second movable pane;
a track assembly (Annotated figure 1 above) configured to support the second movable pane, the track assembly including:
a supporting portion (Annotated figure 1 above) configured to receive at least a portion of the second movable pane, and
(ii) a locking portion (Annotated figure 1 above) separate from the supporting portion and including one or more first notches corresponding with the second closed position (Annotated figure 1 above), one or more second notches corresponding with a first partially open position (Annotated figure 1 above), one or more third notches corresponding with a second partially open position (Annotated figure 1 above), and one or more fourth notches corresponding with an open position (Annotated figure 1 above), each notch of the one or more first notches, of the one or more second notches, of the one or more third notches, and of the one or more fourth notches being configured to receive at least a portion of a respective latch assembly of the one or more latch assemblies (Lance figure 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the track assembly of Guszmann with supporting and locking portions of the track assembly of Lance and to provide the locking portions of modified Guszmann with the four notches of Lance, with a reasonable expectation of success, for suitably positioning the locking portion with respect to the latch assembly. Furthermore, the additional notches secure the defined positions of the second movable pane to the track assembly while also adding additional partially opened positions for the operator.
(i) (Guszmann, as modified above, discloses) the second movable pane movable between the second closed position and a second partially open position where at least a portion of the second movable pane is disposed over the first movable pane (this is taught in light of the combination above, note that the additional notches would inevitably provide additional partial open positions for the second movable pane).
PNG
media_image4.png
145
774
media_image4.png
Greyscale
Excerpt 2
Claim 12
(Guszmann, as modified above, discloses) The window assembly of claim 11, wherein the window assembly further includes:
one or more second latch assemblies (16; figure 9) associated with the first movable pane.
Claim 13
(Guszmann, as modified above, discloses) The window assembly of claim 12, wherein each of the one or more second latch assemblies includes a tongue member (respective tongue members of 16) that is movable between an extended position and a retracted position (figure 9).
Claim 14
(Guszmann, as modified above, discloses) The window assembly of claim 13, wherein the window assembly further includes:
a second track assembly (10; figure 4) configured to support the first movable pane, the second track assembly configured to move between the first closed position to the open position (figures 1 and 5-6).
Claim 16
(Guszmann, as modified above, discloses) The window assembly of claim 11, wherein each
of the one or more first latch assemblies includes a tongue member (Annotated figure 4 above) that is movable between an extended position and a retracted position (figure 4).
Claim 17
(Guszmann, as modified above, discloses) The window assembly of claim 16, each notch of the one or more first notches, of the one or more second notches, of the one or more third notches, and of the one or more fourth notches is configured to receive the tongue member of the respective latch assembly of the one or more first latch assemblies (this is inevitably taught in light of the combination above).
Claim 18
(Guszmann discloses) A window assembly (figure 2) having two or more open configurations (figures 1-9) and comprising:
a fixed pane (12);
a first pane assembly (assembly of 8) including
a first movable pane (8) that is movable between a closed position and an overhead position (figures 1 and 5-6),
a first latch assembly (16; figure 9) associated with the first movable pane, and
a first track assembly (10; figure 4) configured itself to move between the closed position of the first movable pane to the overhead position of the first movable pane (figures 1 and 5-6); and
a second pane assembly (assembly of 7) including
a second movable pane (7) that is movable between a closed position (figure 1) and a first partially open position (the ‘rain cover position’ discussed on Excerpt 2 above which is similar to the rain cover position of the pane 8 in figure 7) where at least a part of the second movable pane is disposed over a portion of the fixed pane (note that in the ‘rain cover position’, the pane 7 is disposed over the fixed pane), and between the closed position of the second movable pane and the overhead position (figures 1 and 5-6),
a second latch assembly (9) coupled to the second movable pane, and
a second track assembly (track of the frame 1 receiving the pane 7) including
a supporting portion (Annotated figure 4 above; also can be seen in figure 6) configured to receive at least a portion of the second movable pane, and
a locking portion (Annotated figure 4 above) separate from the supporting portion,
the first movable pane (8) being movable independent of the fixed pane and the second movable pane (figures 3-4, and 7-9).
Guszmann fails to disclose:
(i) the second movable pane is movable between the closed position of the second movable pane and a second partially open position where at least a part of the second movable pane is disposed over a portion of the first movable pane;
(ii) the locking portion including four or more notches configured to receive a portion of the second latch assembly;
(However, Lance teaches) a second movable pane (2) movable between a closed position of the second movable pane (closed position shown in Lance figure 1) and a second partially open position (position of pane 2 when 20 is inserted in one of the above notches 5 in figure 1),
a second latch assemblies (Annotated figure 1 above) coupled to the second movable pane;
a second track assembly (Annotated figure 1 above) including:
a supporting portion (Annotated figure 1 above) configured to receive at least a portion of the second movable pane, and
(ii) a locking portion (Annotated figure 1 above) separate from the supporting portion and including four or more notches (Annotated figure 1 above) configured to receive a portion of the second latch assembly (Lance figure 1),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to provide the track assembly of Guszmann with supporting and locking portions of the track assembly of Lance and to provide the locking portions of modified Guszmann with the four notches of Lance, with a reasonable expectation of success, for suitably positioning the locking portion with respect to the latch assembly. Furthermore, the additional notches secure the defined positions of the second movable pane to the track assembly while also adding additional partially opened positions for the operator.
(i) (Guszmann, as modified above, discloses) the second movable pane is movable between the closed position of the second movable pane and a second partially open position where at least a part of the second movable pane is disposed over a portion of the first movable pane (this is taught in light of the combination above, note that the additional notches would inevitably provide additional partial open positions for the second movable pane).
Claim 19
(Guszmann, as modified above, discloses) The window assembly of claim 18, wherein a strut (the telescoping strut shown in figure 6) enables movement of the first track assembly between the closed position of the first movable pane and the overhead position of the first movable pane (figure 6).
Claim 20
(Guszmann, as modified above, discloses) The window assembly of claim 18, wherein the second latch assembly includes a tongue member (respective tongue members of 9) that is movable between an extended position and a retracted position, and the four or more notches are configured to receive at least a portion of the tongue member (this is inevitably taught in light of the combination above).
Response to Arguments
Applicant’s amendments directed to the 112 rejections have been considered.
Applicant's arguments filed on 03/04/2026 have been fully considered but are they are not persuasive. Note that the responses below were directed to applicant’s arguments set forth on pages 2-6 of the Remarks section.
Regarding “However, as illustrated in Guszmann at FIG. 3, copied and annotated below, it is the alleged third pane (8) that is movable over the alleged movable pane (7), not vice versa. See also Guszmann at FIGS. 4 and 8” and “There is no suggestion in Guszmann that the alleged movable pane (7) is "at least partially movable over the" alleged third pane (8) as current claimed”, note that none of the limitations of the claim require the movable pane to move independently relative to either the fixed pane or the third pane.
Claim 1 merely recites “the movable pane being at least partially slidable over the fixed pane and at least partially movable over the third pane” and 'over' is extremely broad such that it was interpreted in two different definitions: (i) --To the other side of; across--; and (ii) --In or at a position above or higher than-- (see both definitions below) such that
(i) the movable pane 7 is slidable across the fixed pane (which is shown in figures 3-6); and
(ii) the movable pane being movable above the third pane (pane 7 is moveable as shown in figures 3-8 and located above the third pane 8 as shown in figure 6)
Regarding “there is no suggestion in Guszmann that the top window 7 is movable independently of the bottom window 8 which is a claimed requirement of the current third pane (i.e., "a third pane that is movable independent of the fixed pane and the movable pane")” this seems to be an alternative argument of applicant in case that pane 7 is the third pane and pane 8 is the movable pane. Note that this is moot as this interpretation was not used.
Regarding arguments directed to claims 11 and 18, applicant argues that “There is no suggestion in Guszmann that the alleged movable pane (7) is movable between three positions as presently claimed”, examiner notes that this is known hence Guszmann was combined with Lance as the movable pane of Lance teaches multiple partially opened positions (via the tongue member and multiple notches). The combination of Guszmann and Lance introduces multiple partially opened positions for the movable pane 7.
Regarding “Lance is directed to a window fastener for use with vertically sliding windows but is silent with regard to a "movable pane being at least partially slidable over the fixed pan and at least partially movable over the third pane" as presently claimed and for at least this reason fails to cure the deficiencies of Guszmann”, this was found unpersuasive as Lance was not relied upon to teach three panes as Guszmann already teaches three panes. Lance was only relied upon the teaching of a movable pane movable along multiple positions (at least three distinct positions) relative to another movable pane as disclosed in the excerpt from page 2 of Lance below.
PNG
media_image5.png
141
595
media_image5.png
Greyscale
Source: American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.
PNG
media_image6.png
491
476
media_image6.png
Greyscale
Excerpt of Lance
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634