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 05/15/2026.
Claims 1, 3-6, 8, 10-14, and 16-22 are currently pending and have been examined below. Claims 2, 7, 9, 15, and 23-24 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/24/2026 has been entered.
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 16-22 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 16-22 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 first movable pane (7);
one or more first latch assemblies (9; figure 4) coupled to the first movable pane;
a track assembly (track of the frame 1 receiving the pane 7) configured to support the first 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 first 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 second movable pane (8) that is movable independent of the fixed pane and the movable pane (figures 1, 3-4, and 8-9),
the first movable pane being at least partially slidable over the fixed pane and at least partially movable over the second movable pane (figures 1-9),
the second movable pane being movable between a first position (position of pane 8 in figure 1) and an overhead position (position of pane 8 in figure 6) that is substantially perpendicular to the first position (figures 1 and 6), and
the second movable pane being movable between the first position and the overhead position independent of the first movable pane (figures 6-7 showing the pane 8 independently moving between the first position and overhead position).
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 for suitably positioning the locking portion with respect to the latch assembly. Furthermore, the additional notches provide additional partial opening positions for the movable panes as such giving the driver additional window opening option without replacing the entire track system.
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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 (figure 4).
Claim 4
(Guszmann, as modified above, discloses) The window assembly of claim 3, wherein the two or more notches are configured to receive the first 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 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 second 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 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 (figure 1) and an overhead position (figures 5-6) that is substantially perpendicular to the first closed 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 overhead 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 between the first closed position and the overhead position independent of the fixed pane and the second movable pane (figures 6-7 showing the pane 8 independently moving between the first position and overhead position).
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 overhead 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 overhead 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 for suitably positioning the locking portion with respect to the latch assembly. Furthermore, the additional notches provide additional partial opening positions for the movable panes as such giving the driver additional window opening option without replacing the entire track system.
(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).
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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 overhead 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 first closed position (figure 1) and an overhead position (figures 5-6) that is substantially perpendicular to the first closed 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 first 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 second 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 second 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 being movable between the first closed position and the overhead position independent of the fixed pane and the second movable pane (figures 6-7 showing the pane 8 independently moving between the first position and overhead position).
Guszmann fails to disclose:
(i) the second movable pane is movable between the second 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 for suitably positioning the locking portion with respect to the latch assembly. Furthermore, the additional notches provide additional partial opening positions for the movable panes as such giving the driver additional window opening option without replacing the entire track system.
(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 first 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 specification objections have been considered and the objections were withdrawn.
Applicant’s amendments directed to the claim objections and 112(a) rejections have been considered and the objections/rejections have been withdrawn.
Applicant's arguments filed on 05/15/2026 have been fully considered but they are not persuasive.
Applicant argues that “However, as illustrated in Guszmann at FIGS. 1 and 6, copied and annotated below, there is no instance in Guszmann where the alleged second movable pane is "movable between the first position and the overhead position independent of the first movable pane" where the "overhead position [] is substantially perpendicular to the first position" as presently claimed. See also Guszmann at FIGS. 7 and 8” and “However, as illustrated in Guszmann at FIGS. 1 and 6, copied and annotated below, there is no instance in Guszmann where the alleged first movable pane is "movable between the first closed position and an overhead position that is substantially perpendicular to the first closed position" or where "the first movable pane [is] movable between the first closed position and the overhead position independent of the fixed pane and the second movable pane," as presently claimed”.
Examiner draws the attention that claim 1 recites “the second movable pane being movable between the first position and the overhead position independent of the first movable pane”. This clause does not require the independent movement of the second movable pane to be the entire pane movement from the first position all the way to the overhead position. In the rejection above, the independent movement of the second movable pane 8 was interpreted as the movement of pane 8 shown in figures 6-7 which is between the first position and the overhead position.
Examiner further notes that applicant’s arguments in independent claims 1, 11, and 18 (claims 11 and 18 were argued similarly as claim 1) reads on a narrower scope than what is presently claimed.
Conclusion
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.
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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.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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