DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Inventions I, II, and III in the reply filed on 12 March 2026 is acknowledged.
Claims 20-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12 March 2026.
Claim Objections
Claim 12 is objected to because of the following informalities:
Regarding claim 12, line 1, the recitation “claim 1” appears that it should read –claim 11--.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 16, the claim recited multiple embodiments of garage door which will then require different embodiments of the interior frame element. The interior frame element is not recited as being adjustable, but rather a different interior frame element would be required for each situation, therefore only a single situation can be claimed. The length of the inner engagement portion cannot be two different lengths within a single invention if the engagement portion is not adjustable.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,151,849 to Twigg et al.
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Regarding claim 1, Twigg et al. disclose a window assembly for attaching to a door or other surface, the window assembly (See Figure above) comprising: a frame comprising: an interior frame element (See Figure above) having a first internal surface (See Figure above), a first outer engagement portion (See Figure above) extending from the first internal surface, and a first inner engagement portion (See Figure above) extending from the first internal surface to a first external surface (See Figure above), wherein the first inner engagement portion is integrally connected to the first internal surface (See Figure above); an exterior frame element (See Figure above) having a second internal surface (See Figure above), a second outer engagement portion (See Figure above) extending from the second internal surface to a second external surface (See Figure above), and a second inner engagement portion (See Figure above) extending from the second internal surface, wherein the second inner engagement portion is integrally connected to the second internal surface (See Figure above); wherein the interior frame element and the exterior frame element are configured to be connected to each other such that the first outer engagement portion and the second outer engagement portion engage the door or other surface (See Figure above); and a window glazing (See Figure above) disposed between the interior and exterior frame elements of the frame; wherein the first inner engagement portion of the interior frame element and the second inner engagement portion of the exterior frame element are aligned with the window glazing (See Figure above); and wherein a first length of the first inner engagement portion is greater than a second length of the second inner engagement portion (See Figure above).
Regarding claim 2, wherein the first length of the first inner engagement portion is based on a thickness of the door or other surface to which the window assembly is attached (See Figure above; teaches the length is formed as necessary for the door and window used), and wherein the second length of the second inner engagement portion is constant regardless of the thickness of the door or other surface to which the window assembly is attached (See Figure above).
Regarding claim 3, wherein the first inner engagement portion defines an interior viewing channel (See Figure above) having a length that is substantially equal to the first length, and wherein the second inner engagement portion defines an exterior viewing channel (See Figure above) having a length that is substantially equal to the second length.
Regarding claim 4, wherein the first inner engagement portion comprises a protruding member that extends continuously around a window glazing opening of the interior frame element (See Figure above).
Regarding claim 6, further comprising an impact element (See Figure above) configured to provide impact resistance to the window assembly, wherein the impact element is secured to the second internal surface of the exterior frame element (See Figure above).
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2024/0026728 A1 to Lee.
Regarding claim 15, Lee discloses a method of assembling a garage door (Fig.1 and 2A), the method comprising: providing a garage door (190) having an opening (opening into which 195 is inserted), the garage door having a thickness (190, Fig.3A); providing a window assembly (220, 230/430/630, 397; Fig.3), the window assembly comprising: an exterior frame element (220) having a first inner engagement portion (222) that extends from a first internal surface (inner surface of 220) of the exterior frame element, the first inner engagement portion having a first length (length of projection with 222 and 224); an interior frame element (230,430,630) having a second inner engagement portion (232/434/534/634) that extends from a second internal surface (inner surface of 230/430/630) of the exterior frame element, the second inner engagement portion having a second length that is greater than or equal to the first length; and a window glazing (extension from 231 to tip engaging panel is greater than 222); securing the exterior frame element to the interior frame element such that the window assembly is attached to the garage door and the window glazing is positioned between the exterior and interior frame elements (Fig.3) and disposed within the opening of the garage door (Fig.1 and 3); wherein the second length of the second inner engagement portion of the interior frame element is determined based on the thickness of the garage door (Fig.3).
Regarding claim 16, wherein the second length of the second inner engagement portion of the interior frame element is greater than the first length of the first inner engagement portion of the exterior frame element when the thickness of the garage door is equal to a second thickness that is greater than the first thickness (Fig.3).
As noted in the rejection of claim 16 under 112 above, the thickness of the garage door cannot be two different thicknesses if the frame element is not a single adjustable frame element.
Claim(s) 1-4, 6-11, and 13-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0262072 A1 to Shives.
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Regarding claim 1, Shives discloses a window assembly for attaching to a door or other surface, the window assembly comprising: a frame comprising: an interior frame element (See Figure above) having a first internal surface (See Figure above), a first outer engagement portion (See Figure above) extending from the first internal surface, and a first inner engagement portion (See Figure above) extending from the first internal surface to a first external surface (See Figure above), wherein the first inner engagement portion is integrally connected to the first internal surface (See Figure above); an exterior frame element (See Figure above) having a second internal surface (See Figure above), a second outer engagement portion (See Figure above) extending from the second internal surface to a second external surface (See Figure above), and a second inner engagement portion (See Figure above) extending from the second internal surface, wherein the second inner engagement portion is integrally connected to the second internal surface (See Figure above); wherein the interior frame element and the exterior frame element are configured to be connected to each other such that the first outer engagement portion and the second outer engagement portion engage the door or other surface (See Figure above); and a window glazing (See Figure above) disposed between the interior and exterior frame elements of the frame; wherein the first inner engagement portion of the interior frame element and the second inner engagement portion of the exterior frame element are aligned with the window glazing (See Figure above); and wherein a first length of the first inner engagement portion is greater than a second length of the second inner engagement portion (See Figure above).
Regarding claim 2, wherein the first length of the first inner engagement portion is based on a thickness of the door or other surface to which the window assembly is attached (See Figure above), and wherein the second length of the second inner engagement portion is constant regardless of the thickness of the door or other surface to which the window assembly is attached (See Figure above).
Regarding claim 3, wherein the first inner engagement portion defines an interior viewing channel (See Figure above) having a length that is substantially equal to the first length, and wherein the second inner engagement portion defines an exterior viewing channel (See Figure above) having a length that is substantially equal to the second length.
Regarding claim 4, wherein the first inner engagement portion comprises a protruding member (See Figure above) that extends continuously around a window glazing opening of the interior frame element (See Figure above).
Regarding claim 6, further comprising an impact element (See Figure above) configured to provide impact resistance to the window assembly, wherein the impact element is secured to the second internal surface of the exterior frame element (See Figure above).
Regarding claim 7, wherein a first portion (See Figure above) of the impact element is disposed between the interior frame element and the window glazing, and wherein a second portion (See Figure above) of the impact element is configured to engage the garage door and transfer force applied to the window glazing to the garage door.
Regarding claim 8, Shives discloses a garage door assembly (See Figure above) comprising: a garage door (See Figure above) having an opening (opening into which window is inserted; See Figure above); a window assembly (See Figure above) comprising: an interior frame element (See Figure above) having a first internal surface (See Figure above), a first outer engagement portion (See Figure above) extending from the first internal surface, and a first inner engagement portion (See Figure above) extending from the first internal surface, wherein the first inner engagement portion is integrally connected to the first internal surface (See Figure above); an exterior frame element (See Figure above) having a second internal surface (See Figure above), a second outer engagement portion (See Figure above) extending from the second internal surface, and a second inner engagement portion (See Figure above) extending from the second internal surface, wherein the second inner engagement portion is integrally connected to the second internal surface (See Figure above); a window glazing (See Figure above) disposed between the interior and exterior frame elements such that the first inner engagement portion and the second inner engagement portion are aligned with the window glazing (See Figure above); wherein a first length of the first inner engagement portion is greater than a second length of the second inner engagement portion (See Figure above); and wherein the window assembly is positioned within the opening of the garage door such that the first outer engagement portion and the second outer engagement portion engage the garage door (See Figure above).
Regarding claim 9, wherein the first length of the first inner engagement portion is based on a thickness of the door or other surface to which the window assembly is attached (See Figure above), and wherein the second length of the second inner engagement portion is constant regardless of the thickness of the door or other surface to which the window assembly is attached (See Figure above).
Regarding claim 10, wherein the first inner engagement portion defines an interior viewing channel (See Figure above) having a length that is substantially equal to the first length, and wherein the second inner engagement portion defines an exterior viewing channel (See Figure above) having a length that is substantially equal to the second length.
Regarding claim 11, wherein the first inner engagement portion comprises a protruding member that extends continuously around a window glazing opening of the interior frame element (See Figure above).
Regarding claim 13, further comprising an impact element (See Figure above) configured to provide impact resistance to the window assembly, wherein the impact element is secured to the second internal surface of the exterior frame element (See Figure above).
Regarding claim 14, wherein a first portion of the impact element is disposed between the interior frame element and the window glazing (See Figure above), and wherein a second portion of the impact element is disposed between an exterior surface of the garage door and the second internal surface of the exterior frame element (See Figure above).
Regarding claim 15, Shives discloses a method of assembling a garage door (See Figure above), the method comprising: providing a garage door (See Figure above) having an opening (opening for window glazing, See Figure above), the garage door having a thickness (See Figure above); providing a window assembly (See Figure above), the window assembly comprising: an exterior frame element (See Figure above; the figure above swaps the elements of the external and internal as first/second) having a first inner engagement portion (See Figure above) that extends from a first internal surface (See Figure above) of the exterior frame element, the first inner engagement portion (See Figure above) having a first length (See Figure above); an interior frame element (See Figure above) having a second inner engagement portion (See Figure above) that extends from a second internal surface (See Figure above) of the exterior frame element, the second inner engagement portion having a second length (See Figure above) that is greater (See Figure above) than or equal to the first length; and a window glazing (See Figure above); securing the exterior frame element to the interior frame element such that the window assembly is attached to the garage door and the window glazing (See Figure above) is positioned between the exterior and interior frame elements and disposed within the opening of the garage door (See Figure above); wherein the second length of the second inner engagement portion of the interior frame element is determined based on the thickness of the garage door (See Figure above).
Regarding claim 16, wherein the second length of the second inner engagement portion of the interior frame element is greater than the first length of the first inner engagement portion of the exterior frame element when the thickness of the garage door is equal to a second thickness that is greater than the first thickness (See Figure above).
Regarding claim 17, further comprising attaching an impact element (See Figure above) to the first internal surface of the exterior frame element prior to securing the exterior frame element to the interior frame element (Fig.7).
Regarding claim 18, wherein a first portion of the impact element is disposed between the interior frame element and the window glazing (See Figure above), and wherein a second portion of the impact element is disposed between an exterior surface of the garage door and the first internal surface of the exterior frame element (See Figure above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,151,849 to Twigg et al. in view of US 2003/0066256 A1 to DeBlock et al.
Regarding claim 5, Twigg et al. do not disclose wherein the frame elements are injection molded.
DeBlock discloses wherein frame elements are injection molded (Paragraph [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have injection molded the framing elements of Twigg et al. as taught by DeBlock et al. so to provide a durable, weather resistant, corrosion resistant, and cost effective framing elements. Injection molding also enables high-volume production, reduced waste, and reduced labor costs.
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0262072 A1 to Shives in view of US 2003/0066256 A1 to DeBlock et al.
Regarding claims 5 and 12, Shives does not disclose wherein the frame elements are injection molded.
DeBlock discloses wherein frame elements are injection molded (Paragraph [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have injection molded the framing elements of Shives as taught by DeBlock et al. so to provide a durable, weather resistant, corrosion resistant, and cost effective framing elements. Injection molding also enables high-volume production, reduced waste, and reduced labor costs.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0262072 A1 to Shives.
Regarding claim 19, Shives discloses wherein the exterior frame element comprises one or more ribs (outer engagement portion; See Figure above), and wherein the method further comprises applying an adhesive sealing material to the one or more ribs prior to attaching the window assembly to the garage door such that the adhesive sealant (46) creates a sealed connection between the one or more ribs and the garage door when the window assembly is attached to the garage door.
Shives does not disclose wherein an exterior surface of the garage door comprises one or more channels and wherein the one or more ribs exterior frame element are disposed within the one or more channels of the garage door when the window assembly is attached to the garage door.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the garage door with channels or grooves and wherein the outer engagement portion is nested within the channels or grooves so to provide a guide for location of the window assembly and further to prevent the window glazing from sliding or skewing on the garage door surface. Further, the next will better protect the window assembly from water or moisture intrusion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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