DETAILED ACTION
This final Office action is in response to the claims filed on 12/19/2025.
Status of claims: claims 1-20 are cancelled; claims 21-36 are hereby examined below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 36 is objected to because of the following informalities:
Line 3 – shouldn’t “first glass unit” be amended to “glass unit”
Appropriate correction is required.
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 21-26, 30-33 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008/029394 in view of US 10961769 to Vos et al. (hereinafter “Vos”) in view of US 3967412 to Governale.
WO 2008/029394 discloses a fenestration unit comprising:
a first glass unit;
a first panel frame 34 circumscribing the first glass unit; (see FIG. 1)
a second glass unit;
a second panel frame circumscribing the second glass unit; (see FIGS. 1, 4, 5; FIG. 5 illustrates the second panel frame behind the first panel frame; further note the two sliding tracks on the frame sill 104 for the panel frames)
a frame circumscribing the first panel frame and the second panel frame, the frame including a header, jambs, (see FIG. 1; the header and jambs are not numbered) and a frame sill 104 including a first track and a second track, (see FIGS. 6 and 7) wherein the first panel frame and the first glass unit are slidable along the first track when positioned in the frame, wherein the second panel frame and the second glass unit are slidable along the second track when positioned in the frame; and
a sill flashing 100 including a base 105 extending under the first and second tracks and a wall 102 extending upward from the base to inhibit moisture intrusion through the fenestration unit, wherein the sill flashing is sized to extend beyond the frame sill when the frame sill is positioned on the sill flashing, (see FIG. 6) and
wherein the frame sill is removable from the frame without disassembling the sill flashing, the jambs, and the header. (see FIG. 6)
WO 2008/029394 fails to disclose the frame sill includes a first thermal break and a second thermal break.
Vos teaches of a frame sill 190 including a thermal break 192.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a first thermal break on the exterior surface of element 107 of the WO 2008/029394 frame sill so that the first thermal break extends between elements 107 and 102 and between portions (jambs) of the frame, as taught by Vos, with a reasonable expectation of success in order to control the flow of water near the frame sill and sill flashing (see col. 9 of Vos) as well as to provide thermal insulation properties to the fenestration unit.
Additionally, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a second thermal break on the interior surface of element 106 of the WO 2008/029394 frame sill so that the second thermal break extends between elements 106 and the front-facing surface of 105 and between portions (jambs) of the frame, as taught by Vos, with a reasonable expectation of success in order to control the flow of water near the frame sill and sill flashing (see col. 9 of Vos) as well as to provide thermal insulation properties to the fenestration unit.
Furthermore, by including the first thermal break and second thermal break on the WO 2008/029394 frame sill, as taught by Vos, WO 2008/029394 discloses wherein the first thermal break is aligned with the first track and the second thermal break is aligned with the second track. (see FIGS. 6 and 7)
WO 2008/029394, as applied above, fails to disclose the thermal break is substantially filled with one or more insulating materials to reduce heat transfer.
Governale teaches of a thermal break 14 on a sill, wherein the thermal break is substantially filled with one or more insulating materials to reduce heat transfer. (Note, the thermal break 14 is formed of a compressible rubber-like material; thus reading on this limitation.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the thermal break disclosed in Vos with a rubber like material as taught in Governale with a reasonable expectation of success in order to provide insulating properties to the thermal break as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 21)
WO 2008/029394 further discloses anchors 50,52 (see FIG. 3A, 7) positioned between the sill flashing and the frame sill to secure the frame sill in position. (claim 22)
WO 2008/029394 further discloses wherein the anchors, the frame sill, and the sill flashing are separate pieces. (see FIGS. 3A and 6) (claim 23)
WO 2008/029394 further discloses wherein the frame sill is not attached to the jambs. (see FIG. 6) (claim 24)
WO 2008/029394 further discloses wherein the frame sill includes at least one seamless piece that spans a width of the first track and the second track, wherein the wall extends upward from an edge of the base, the edge of the base is beyond the frame sill. (see FIGS. 6 and 7 and page 7; note the frame sill is one seamless piece) (claim 25)
WO 2008/029394 further discloses wherein the frame sill includes a plurality of seamless pieces 104,80,90 that are attached together along at least one joint along a length of the fenestration unit. (claim 26)
WO 2008/029394 discloses a frame for a fenestration unit, the fenestration unit includes slidable panels, the frame comprising:
a header;
jambs; (see FIG. 1) and
a sill system including a sill flashing 100 and a frame sill 104 positioned on the sill flashing, the frame sill including tracks (see Fig. 7), wherein the slidable panels are slidable along the tracks when positioned in the frame, the sill flashing including a base 105 extending under the tracks and a wall 102 extending upward from the base to inhibit moisture intrusion through the fenestration unit, wherein the sill flashing is sized to extend beyond the frame sill when the frame sill is positioned on the sill flashing, (see Fig. 6) and
wherein the frame sill is removable from the frame without disassembling the sill flashing, the jambs, and the header.
WO 2008/029394 fails to disclose the frame sill includes a thermal break.
Vos teaches of a frame sill 190 including a thermal break 192.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a thermal break on the interior surface of element 106 of the WO 2008/029394 frame sill, as taught by Vos, with a reasonable expectation of success in order to control the flow of water near the frame sill and sill flashing (see col. 9 of Vos) as well as to provide thermal insulation properties to the fenestration unit.
Furthermore, by including the thermal break on the interior surface of element 106 of the WO 2008/029394 frame sill so that the thermal break extends between element 106 of the frame sill and the front-facing surface of 105, the thermal break is positioned substantially below the tracks and that the thermal break extends between portions of the frame. (see FIGS. 6 and 7)
WO 2008/029394, as applied above, fails to disclose the thermal break is substantially filled with one or more insulating materials to reduce heat transfer.
Governale teaches of a thermal break 14 on a sill, wherein the thermal break is substantially filled with one or more insulating materials to reduce heat transfer. (Note, the thermal break 14 is formed of a compressible rubber-like material; thus reading on this limitation.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the thermal break disclosed in Vos with a rubber like material as taught in Governale with a reasonable expectation of success in order to provide insulating properties to the thermal break as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 30)
WO 2008/029394 further discloses wherein the sill system further comprises anchors 50,52 positioned between the sill flashing and the frame sill to secure the frame sill in position. (claim 31)
WO 2008/029394 further discloses wherein the frame sill includes at least one seamless piece that spans a width of the tracks, wherein the wall extends upward from an edge of the base, the edge of the base is beyond the frame sill. (see FIG. 6) (claim 32)
WO 2008/029394 further discloses wherein the tracks include a first track sized to receive a first glass unit and a second track sized to receive a second glass unit. (see FIG. 7) (claim 33)
WO 2008/029394 discloses a fenestration unit comprising:
a glass unit;
a panel frame 34 circumscribing the first glass unit;
a frame circumscribing the panel frame, the frame including a header, jambs, and a frame sill 104 (see FIG. 1, the header and jambs are not numbered) including:
a track, (see FIGS. 6 and 7) and
wherein the panel frame and the glass unit are slidable along the track when positioned in the frame; and
a sill flashing 100 including a base 105 extending under the track and a wall 102 extending upward from the base to inhibit moisture intrusion through the fenestration unit,
wherein the sill flashing is sized to extend beyond the frame sill when the frame sill is positioned on the sill flashing, (see FIG. 6) and
wherein the frame sill is removable from the frame without disassembling the sill flashing, the jambs, and the header.
WO 2008/029394 fails to disclose a thermal break.
Vos teaches of a frame sill 190 including a thermal break 192.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a thermal break on the exterior surface of element 107 of the WO 2008/029394 frame sill so that the thermal break extends between elements 107 and 102 and between portions (jambs) of the frame and wherein the thermal break is aligned with the track, as taught by Vos, with a reasonable expectation of success in order to control the flow of water near the frame sill and sill flashing (see col. 9 of Vos) as well as to provide thermal insulation properties to the fenestration unit.
WO 2008/029394, as applied above, fails to disclose the thermal break is substantially filled with one or more insulating materials to reduce heat transfer.
Governale teaches of a thermal break 14 on a sill, wherein the thermal break is substantially filled with one or more insulating materials to reduce heat transfer. (Note, the thermal break 14 is formed of a compressible rubber-like material; thus reading on this limitation.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form the thermal break disclosed in Vos with a rubber like material as taught in Governale with a reasonable expectation of success in order to provide insulating properties to the thermal break as well as since it has been held to be within the general skill of a worker in the art before the effective filing date of the claimed invention to select a known material on the basis of its suitability for the intended use as a matter of design choice. (claim 36)
Claims 29, 34 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008/029394 in view of Vos in view of Governale, as applied to claims 21 and 30 above, in view of US 2020/0408016 to Hernandez.
WO 2008/029394 fails to disclose the fenestration unit in combination with a wall.
Hernandez teaches of a fenestration unit in combination with a wall 10 (see FIG. 1) in which the fenestration unit is mounted and a floor 4 abutting the wall, wherein the fenestration unit is a door and the frame sill 400 and the sill flashing 300 are arranged to interface with the floor. (see at least FIG. 3)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the fenestration unit disclosed in WO 2008/029394 with the wall and floor taught in Hernandez with a reasonable expectation of success in order to provide a passage through a wall that is openable and closable via the fenestration unit. (claim 29)
WO 2008/029394 fails to disclose the fenestration unit in combination with a wall.
Hernandez teaches of a fenestration unit in combination with a wall 10 (see FIG. 1) in which the fenestration unit is mounted and a floor 4 abutting the wall, wherein the sill system 400 is arranged to interface with the floor. (see at least FIG. 3)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the fenestration unit disclosed in WO 2008/029394 with the wall and floor taught in Hernandez with a reasonable expectation of success in order to provide a passage through a wall that is openable and closable via the fenestration unit. (claim 34)
WO 2008/029394 discloses the fenestration unit is a door and the sill system is arranged to interface with the floor, but fails to disclose the fenestration unit in combination with a wall.
Hernandez teaches of a fenestration unit in combination with a wall 10 (see FIG. 1) in which the fenestration unit is mounted and a floor 4 abutting the wall, wherein the fenestration unit is a door and the sill system is arranged to interface with the floor.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the fenestration unit disclosed in WO 2008/029394 with the wall and floor taught in Hernandez with a reasonable expectation of success in order to provide a passage through a wall that is openable and closable via the fenestration unit. (claim 35)
Allowable Subject Matter
Claims 27 and 28 are 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.
Response to Arguments
Applicant's arguments filed December 19, 2025 have been fully considered but they are not persuasive.
On page 8 of the applicant’s response filed December 19, 2025, the applicant contends that the Vos thermal break is “a water management system for fenestration products having an interior seal,” rather than a thermal break. The examiner respectfully disagrees. The thermal break 192 of Vos functions as an “interior seal” (see col. 9 of Vos) and seals are certainly capable of functioning as a thermal break. Furthermore, when modified by the material taught by Governale, element 192 of Vos certainly constitutes a thermal break.
The examiner recommends further defining structure of applicant’s device to overcome the cited prior art.
Conclusion
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 MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 8-5 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached on 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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/Marcus Menezes/
Primary Examiner, Art Unit 3634