DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. Claims 1-20 as originally filed are pending and have been considered below.
Claim Objections
Claim(s) 5 are objected to because of the following informalities:
Regarding claim 5, at line 4, the recitation “a tag” is understood to mean –a tab--.
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.
Claim(s) 2-17, are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 2, at lines 7-8, the recitation “each of the first and second prongs engaging the frame, and the sealing slot is disposed between the first prong and the second prong” renders the claim indefinite because it is unclear as to how the “sealing slot” can be both between the first and second prongs and engaged by the first seal.
Allowable Subject Matter
Claim(s) 16 is rejected as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and if rewritten in independent form including all of the limitations of the base claim and any intervening claims. In particular, the limitation “wherein the sloped front surface extends to or past a side edge of the outer face” would overcome the prior art rejection since no prior art of record, alone or in combination, teaches this configuration and such a modification to include the configuration would require modifying the modifier reference which would involve hindsight reconstruction.
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) 1, 18 , and 20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Medina et al. (U.S. Patent No. 10,550,626).
Regarding claim 1, Medina et al. teaches an insulated fenestration system (insulated glass unit; abstract) comprising: a frame (237); a pane assembly assembled with the frame (figure 4) and comprising a first pane (312), an outer surface of the frame defines a sloped front surface extending away from the first pane (outer surface of 237; figure 6); and a muntin bar (360) attached to the first pane (figure 6), the muntin bar defining an angled end abutting and matching an angle of the sloped front surface (figure 4), the frame extends around a perimeter of the first pane (figures 4 and 6) so as to include a top portion extending along a top end of the first pane (top portion of 237; figure 4), a bottom portion extending along a bottom end of the first pane (bottom portion of 237; figure 4), a left portion extending along a left side of the first frame (left portion of 237; figure 4), and a right portion extending along a right side of the first frame (right portion of 237; figure 4), and the muntin bar one of: extends between and to the top portion and the bottom portion and is spaced apart from the left portion and the right portion; or extends between and to the left portion and the right portion and is spaced apart from the top portion and the bottom portion (figure 4).
Regarding claim 18, Medina et al. teaches the sloped front surface is substantially planar (figure 6).
Regarding claim 20, Medina et al. teaches the muntin bar subdivides the first pane into a plurality of simulated lites (figure 3), the first pane is a singular pane of glass (figure 3), and the muntin bar is adhered to the first pane (figure 3).
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 of this title, 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.
Claim(s) 2-15 and 17, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Medina et al. (U.S. Patent No. 10,550,626) in view of Booth (GB 2,413,145 A).
Regarding claim 2, Medina et al. does not specifically disclose the frame comprises a first bracket defining a sealing slot, and the insulated fenestration system further comprises: a bracket gap defined between the first bracket and the first pane; and a first seal engaging the sealing slot, the first seal extending across the bracket gap and abutting the first pane; and the first bracket includes an engagement mechanism defining a first prong and a second prong, each of the first and second prongs engaging the frame, and the sealing slot is disposed between the first prong and the second prong.
Booth discloses a glazing and frame assembly (abstract) wherein the frame comprises a first bracket (annotated figure 1 below) defining a sealing slot (annotated figure 1), and the insulated fenestration system further comprises: a bracket gap (annotated figure 1) defined between the first bracket and the first pane (annotated figure 1); and a first seal (annotated figure 1) engaging the sealing slot (annotated figure 1), the first seal extending across the bracket gap and abutting the first pane (annotated figure 1); and the first bracket includes an engagement mechanism (annotated figure 1) defining a first prong and a second prong (annotated figure 1), each of the first and second prongs engaging the frame (annotated figure 1), and the sealing slot is disposed between the first prong and the second prong (annotated figure 1).
Therefore, from the teaching of Booth, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the insulated window of Medina et al. wherein the frame comprises a first bracket defining a sealing slot, and the insulated fenestration system further comprises: a bracket gap defined between the first bracket and the first pane; and a first seal engaging the sealing slot, the first seal extending across the bracket gap and abutting the first pane; and the first bracket includes an engagement mechanism defining a first prong and a second prong, each of the first and second prongs engaging the frame, and the sealing slot is disposed between the first prong and the second prong, as taught by Booth, in order to provide installation support to a variety of differently shaped and oriented window constructions in conjunction with cladding and trim members to hide interior components for a more pleasing aesthetic.
Regarding claim 3, Booth in the combination discloses the first prong extends in a first direction away from the second prong (annotated figure 1), and wherein the second prong extends in a second direction away from the first prong (annotated figure 1).
Regarding claim 4, Booth in the combination discloses the first direction is substantially opposite the second direction (annotated figure 1).
Regarding claim 5, Booth in the combination discloses the frame comprises a first frame body (annotated figure 1); the first prong engages a ramped engagement surface of the first frame body (annotated figure 1); and the second prong comprises a tab engaging a tab recess of the first frame body (annotated figure 1).
Regarding claim 6, Booth in the combination discloses the first seal comprises a connector portion (portion within the first sealing slot; annotated figure 1) and an extension portion (portion extending outside the first sealing slot; annotated figure 1); the extension portion extends a first distance away from the first frame body (annotated figure 1); and the first bracket extends a second distance away from the first frame body (annotated figure 1), wherein the second distance is at least equal to the first distance (annotated figure 1).
Regarding claim 7, Booth in the combination discloses the first seal is a seal comprising a connector portion (portion within the first sealing slot; annotated figure 1) and an extension portion (portion extending outside the first sealing slot; annotated figure 1) extending from the connector portion (annotated figure 1); the connector portion engages the sealing slot (annotated figure 1); and the extension portion extends across the bracket gap (annotated figure 1) and abuts an outer pane surface the first pane (annotated figure 1).
Booth in the combination does not specifically disclose specifically disclose a bulb shape. However, it would have been an obvious matter of choice to one of ordinary skill in the art to have modified the shape of the seal to have a bulb shape, since such a modification would have only involved a mere change in the shape of a component. Absent any persuasive evidence that a particular configuration of the claimed shape is significant, a change in shape is generally recognized as being within the level of ordinary skill in the art (In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)). It is also common knowledge to choose a shape that has a desired aesthetic or durability and flexibility etc. for the application and intended use of that element. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the seal to have a bulb shape, in order to provide a simpler rounded shape that is more favorable to being created with molds or extrusion processes, to facilitate manufacture and reduce defects.
Regarding claim 8, Booth in the combination as modified discloses the sealing slot defines a T-shaped cross-section (annotated figure 1) and the extension portion of the bulb seal defines a substantially T-shaped cross-section (annotated figure 1).
Regarding claim 9, Booth in the combination discloses the first bracket comprises an interior wall (interior wall at the sealing slot) and the sealing slot extends substantially along a length of the interior wall (annotated figure 1).
Regarding claim 10, Booth in the combination discloses the first seal divides the bracket gap into a first gap portion (portion within the first bracket; annotated figure 1) and a second gap portion (portion outside the first bracket; annotated figure 1).
Regarding claim 11, Booth in the combination discloses the frame further comprising a second bracket (annotated figure 1), wherein the pane assembly is clamped between the first bracket and second bracket (annotated figure 1).
Regarding claim 12, Booth in the combination discloses the second bracket defines a sealing channel (annotated figure 1); the pane assembly comprises a second pane (annotated figure 1); the insulated fenestration system further comprises a second seal (annotated figure 1); and the second seal comprises a first portion (annotated figure 1) received in the sealing channel (portion of the second seal within the second sealing channel; annotated figure 1) and a second portion abutting the second pane (annotated figure 1).
Regarding claim 13, Booth in the combination discloses the pane assembly is sandwiched between the first seal and the second seal (annotated figure 1).
Regarding claim 14, Booth in the combination discloses the outer surface of the frame further defines the sealing slot (annotated figure 1); the first seal defines a connector portion (portion within the first sealing slot; annotated figure 1) and an extension portion (portion extending outside the first sealing slot; annotated figure 1); and the connector portion engages the sealing slot (annotated figure 1).
Regarding claim 15, Booth in the combination discloses the first bracket substantially covers an outer face of the extension portion facing outward from the first pane (as illustrated, the first bracket substantially covers an outer face of at least one of the inner branches of the extension portions facing outward from the first pane; annotated figure 1).
Regarding claim 17, Booth in the combination discloses the extension portion defines a width extending from a first side of the extension portion to a second side of the extension portion (annotated figure 1), and wherein the first bracket spans the width of the extension portion (as illustrated, since the maximum width of the first bracket is wider than a maximum width of the extension portion, the claim limitation is met; annotated figure 1).
Claim(s) 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over Medina et al. (U.S. Patent No. 10,550,626) in view of Lenox et al. (CA 2,824,184 A1).
Regarding claim 19, Medina et al. teaches the frame further comprises a first frame body (340) and a second frame body (336), and the insulated fenestration system further comprises an insulating bar (344) extending between the first frame body and the second frame body (figure 6), an unobstructed elongated channel extending through and encompassed by the insulating bar (figure 6); but does not specifically disclose wherein the unobstructed elongated channel is one of a plurality of unobstructed elongated channels, the plurality of unobstructed elongated channels being parallel to one another and arranged in series laterally across the insulating bar, and each unobstructed elongated channel is separated from the other unobstructed elongated channels by an associated wall partition.
Lenox et al. discloses a window assembly (abstract) including an insulating bar (48b/48d ; figure 3) wherein the unobstructed elongated channel is one of a plurality of unobstructed elongated channels (channels between 62), the plurality of unobstructed elongated channels being parallel to one another (figure 3) and arranged in series laterally across the insulating bar (figure 3), and each unobstructed elongated channel is separated from the other unobstructed elongated channels by an associated wall partition (62).
Therefore, from the teaching of Lenox et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the insulated window of Medina et al. such that the unobstructed elongated channel is one of a plurality of unobstructed elongated channels, the plurality of unobstructed elongated channels being parallel to one another and arranged in series laterally across the insulating bar, and each unobstructed elongated channel is separated from the other unobstructed elongated channels by an associated wall partition, as taught by Lenox et al., in order to provide thermal breaks within the window frame for improved thermal stabilization and disrupting air movement to further prevent wind infiltration.
PNG
media_image1.png
547
608
media_image1.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to fenestration systems in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR 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