DETAILED ACTION
The Amendment filed on 04/13/2026 has been entered. Claim(s) 18, 20, 22, and 25-28 have been amended, claim(s) 1-17 have been cancelled, and claim(s) 29-37 have been added. Therefore, claims 17-37 are now pending in the application.
Response to Amendment
The previous 35 USC 112 rejections are withdrawn in light of applicant's amendments.
Allowable Subject Matter
Claim(s) 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In particular, the combined limitations of the base claim, the intervening claims, and the limitation “wherein the one or more water vents have one or more inlets arranged parallel to the lower surface of the sill and the one or more inlets of the one or more water vents being configured to allow water to exit the one or more compartments within the sill, and the one or more air vents having one or more inlets perpendicular to the lower surface of the sill, the one or more inlets of the one or more air vents being configured to allow air to exit the one or more compartments within the sill” from the dependent claim are not taught or suggested by any prior art of record, either alone or in combination. Such a configuration would require impermissible hindsight or piecemeal reconstruction to arrive at the claimed subject matter.
Claim(s) 24 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In particular, the combined limitations of the base claim, the intervening claims, and the limitation “wherein at least one inlet of the one or more air vents is angularly offset from at least one inlet of the one or more water vents” from the dependent claim are not taught or suggested by any prior art of record, either alone or in combination. The aggregate of these features results in a structure not disclosed or suggested by the cited prior art. Modifying the prior art to achieve this arrangement would require hindsight reasoning and an impermissible reconstruction of disparate teachings.
Claim 25 is allowed. In particular, the whole of the limitation “a method of managing water and air capable of use for a fenestration unit, the fenestration unit including a sill, a head opposite the sill, a first jamb, and a second jamb opposite the first jamb forming a window cavity therebetween, the sill including a lower surface and an upper surface and one or more compartments therebetween and a side wall defining an opening, the method comprising installing the fenestration unit such that the fenestration unit: allows water to exit the one or more compartments through a weep hood arranged within the opening of the side wall, the weep hood including one or more water vents having one or more inlets arranged within the one or more compartments and parallel to the lower surface of the window cavity, one or more air vents having one or more inlets perpendicular to the lower surface of the window cavity, wherein an upper boundary of the one or more inlets of the one or more water vents is defined by a first vertical height and an upper boundary of the one or more inlets of the one or more air vents is defined by a second vertical height, the first vertical height being less than the second vertical height; and allows air to enter the one or more compartments and through the weep hood” defines a configuration that is neither taught nor rendered obvious by the prior art of record. No reference, either alone or in combination, discloses or suggests this specific arrangement without relying on hindsight reconstruction. Claim(s) 26-31 depend from claim(s) 25, and are therefore allowed as well.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 18, 19, 21-23, and 32-37, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Donnell (U.S. Patent No. 6,374,557).
Regarding claim 18, O’Donnell teaches a method of managing water and air (weep hole; it is understood that the weep hole is capable of managing water and air) capable of use for a fenestration unit, the fenestration unit having an interior face, an exterior face opposite the interior face, a sill, a head opposite the sill, a first jamb, and a second jamb opposite the first jamb forming a window cavity therebetween, the sill including a lower surface and an upper surface and one or more compartments therebetween (the examiner notes that the fenestration unit, including the faces, sills, jambs, and compartments, is not being positively claimed), the method comprising: allowing water to exit the one or more compartments within the sill through a weep hood (10) arranged within the sill (figure 1) without water column buildup within the one or more compartments within the sill (it is understood that in the open position of the flapper valve, the weeper 10 would be capable of allowing water to exit the one or more compartments within and preventing water column buildup within the one or more compartments within the sill) and without impeding air flow through the weep hood (it is understood that the window assembly is capable of not impeding air flow through the weep hood, since air / fluid would be allowed to escape when the flapper valve assumes the open position; col. 1, lines 55-65), the weep hood extending between the lower surface of the sill and the upper surface of the sill (figure 1); and maintaining the window cavity at a pressure that is substantially equal to an exterior pressure toward the exterior face (it is understood that in the open position of the flapper valve, the window cavity would be maintained at a pressure that is substantially equal to an exterior pressure toward the exterior face).
Regarding claim 19, O’Donnell teaches the weep hood includes one or more water vents and one or more air vents (it is understood that the openings between the ribs 148 are capable of functioning as one or more water vents and one or more air vents; figure 8), and the one or more water vents are adjacent the one or more air vents (figure 8), the method further including allowing air to enter the one or more compartments through the one or more air vents (it is understood that in the open position of the flapper valve, air would be allowed to enter the one or more compartments through the one or more air vents).
Regarding claim 21, O’Donnell teaches allowing water to exit the one or more compartments and allowing air to enter the one or more compartments are preformed simultaneously (it is understood that in the open position of the flapper valve, allowing water to exit the one or more compartments and allowing air to enter the one or more compartments would be performed simultaneously).
Regarding claim 22, O’Donnell teaches a method of managing water and air (weep hole; it is understood that the weep hole is capable of managing water and air) capable of use for a fenestration unit having a sill, a head opposite the sill, a first jamb, and a second jamb opposite the first jamb forming a window cavity therebetween, the sill including a lower surface, an upper surface, one or more compartments therebetween, and a side wall having an opening extending therethrough (the examiner notes that the fenestration unit, including sills, jambs, cavity, upper and lower surface, compartments, and side wall having an opening extending therethrough, is not being positively claimed), the method comprising: allowing water to exit the one or more compartments within the sill through a weep hood (10) arranged within the opening of the side wall (figure 1) such that a length of the weep hood extends between the lower surface of the sill and the upper surface of the sill (figure 1), where water exits without water column buildup within the one or more compartments (it is understood that in the open position of the flapper valve, water would exit without water column buildup within the one or more compartments); and allowing air to enter another of the one or more compartments through the weep hood (it is understood that in the open position of the flapper valve, air would be allowed to enter another of the one or more compartments through the weep hood), wherein allowing water to exit the one or more compartments and allowing air to enter the one or more compartments are preformed simultaneously (it is understood that in the open position of the flapper valve, allowing water to exit the one or more compartments and allowing air to enter the one or more compartments would be performed simultaneously).
Regarding claim 23, O’Donnell teaches the weep hood defines one or more water vents and one or more air vents (it is understood that the openings between the ribs 148 are capable of functioning as one or more water vents and one or more air vents; figure 8), wherein the one or more water vents includes a first water vent (left opening at 148; figure 8) with a first outlet (outer edge of left opening) and a second water vent (right opening at 148; figure 8) with a second outlet (outer edge of right opening), the one or more air vents includes a first air vent (middle opening at 148; figure 8), and the first and second water vents are arranged on either side of an outlet of the air vent (figure 8), the method including allowing water to exit through the first and second water vents without impeding air exiting through the first air vent (it is understood that in the open position of the flapper valve, water would be allowed to exit through the first and second water vents without impeding air exiting through the first air vent).
Regarding claim 32, O’Donnell teaches the weep hood is positioned within the one or more compartments of the sill (figure 1).
Regarding claim 33, O’Donnell teaches the weep hood defines one or more water vents and one or more air vents (it is understood that the openings between the ribs 148 are capable of functioning as one or more water vents and one or more air vents; figure 8), wherein the one or more water vents includes a first water vent (left opening at 148; figure 8) with a first outlet (outer edge of left opening) and a second water vent (right opening at 148; figure 8) with a second outlet (outer edge of right opening), the one or more air vents includes a first air vent (middle opening at 148; figure 8), the method including allowing water to exit through the first and second water vents without impeding air exiting through the first air vent (it is understood that in the open position of the flapper valve, water would be allowed to exit through the first and second water vents without impeding air exiting through the first air vent).
Regarding claim 34, O’Donnell teaches the weep hood has a body (figure 8) and a lower extent of the body is substantially aligned with the lower surface of the sill (the examiner notes that the sill is not being positively claimed, and since the structure of the weep hood is taught, the limitation is met since the weep hood would be capable of aligning as such, with an arbitrary sill), the method including allowing water to flow outwardly from the lower extent of the body (it is understood that in the open position of the flapper valve, water would be allowed to flow outwardly from the lower extent of the body).
Regarding claim 35, O’Donnell teaches the weep hood has a body (figure 8) and a lower extent of the body is positioned above the lower surface of the sill (the examiner notes that the sill is not being positively claimed, and since the structure of the weep hood is taught, the limitation is met since the weep hood would be capable of being positioned as such, with an arbitrary sill), the method including allowing water to flow outwardly from the lower extent of the body it is understood that in the open position of the flapper valve, water would be allowed to flow outwardly from the lower extent of the body).
Regarding claim 36, O’Donnell teaches the weep hood has a body (figure 8) and a lower extent of the body is substantially aligned with the lower surface of the sill (the examiner notes that the sill is not being positively claimed, and since the structure of the weep hood is taught, the limitation is met since the weep hood would be capable of aligning as such, with an arbitrary sill), the method including allowing water to flow outwardly from the lower extent of the body (it is understood that in the open position of the flapper valve, water would be allowed to flow outwardly from the lower extent of the body).
Regarding claim 37, O’Donnell teaches the weep hood has a body (figure 8) and a lower extent of the body is positioned above the lower surface of the sill (the examiner notes that the sill is not being positively claimed, and since the structure of the weep hood is taught, the limitation is met since the weep hood would be capable of being positioned as such, with an arbitrary sill), the method including allowing water to flow outwardly from the lower extent of the body it is understood that in the open position of the flapper valve, water would be allowed to flow outwardly from the lower extent of the body).
Response to Arguments
Applicant's arguments and amendments have been considered but are moot in view of the new ground(s) of rejection.
New reference(s) O’Donnell (U.S. Patent No. 6,374,557) has been added to overcome the newly added limitations. Applicant’s amendment regarding the weep hood extending between the lower surface of the sill and the upper surface of the sill, overcomes the previous rejection in view of Lee, since its drainage pipe extends well below the building opening. In addition, with regards to claim 25, the examiner found the argument that the assembly of Lee is expressly disclosed as being exterior to the sill , not within a side wall of the sill, persuasive. The Lee reference is hereby withdrawn.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OMAR F HIJAZ/Examiner, Art Unit 3633
Prosecution Insights