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 .
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,735,084 to Zaccagni et al. in view U.S. Patent No. 5,937,592 to Tamlyn.
Regarding claims 1, 3, 4, 9, 10, 11, 12 and 19, Zaccagni discloses a fascia trim piece having a face section (fig. 2: 110), a bottom section (130) extending from the face section, a soffit channel (140, 144, 142, area where 170 fits) adjacent to the bottom section. However, Zaccagni does not disclose the bottom section having openings. Tamlyn discloses a soffit vent having a front wall (126), and bottom section with rows of circular, staggered, openings (48). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zaccagni by adding such holes as disclosed by Tamlyn in order to better vent and reduce moisture.
Regarding claim 2, the channel (fig. 4: 140) is generally parallel to the bottom section (130).
Regarding claims 5 and 13, Zaccagni in view of Tamlyn discloses the basic claim structure of the instant application but does not disclose specific dimensions of the holes. Applicant fails to show criticality for specifically claimed dimensions, therefore it would have been an obvious design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Zaccagni in view of Tamlyn to use the dimensions such as specified in these claims as the larger holes would allow more ventilation as small holes require less which would be an obvious design choice based upon the amount of ventilation needed.
Regarding claims 6 and 14, a side wall (150) extends upward from the bottom section to the soffit channel (140) via 142, 144)
Regarding claims 7 and 15, the soffit channel includes a first wall (142) extending from the sidewall (150), a second wall (144) extending upward from the first wall, and a third wall (140) extending from the second wall and generally parallel to the first wall.
Regarding claims 8 and 16, the third wall (140) is longer than the first wall (142).
Regarding claim 17, claim 17 is rejected for reasons cited in the rejection of claim 1. Additionally, a soffit (170) is in the soffit channel.
Regarding claim 18, the soffit channel is generally parallel to the bottom section.
Regarding claim 20, the soffit is imperforate (170, 174).
Conclusion
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/BASIL S KATCHEVES/Primary Examiner, Art Unit 3633