DETAILED ACTION
This nonfinal Office action is in response to the claims filed on 5/5/2026
Status of claims: claims 3, 10, 21 and 22 are canceled; claims 1, 2, 4-9, 11-20 and 23-25 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 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 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.
Claims 1, 8, 11-13, 23 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 10-2021-0085810.
KR 10-2021-0085810 discloses a fenestration unit comprising:
a frame including a plurality of frame members, wherein the plurality of frame members includes an upper rail member 11, a lower rail member 12, a first stile member 13, a second stile member 14, the lower rail member including two parallel rail members defining a space therebetween, each of the two parallel rail members defining a recess; (see annotated FIG. 3 below) and
a thermal break coupled to the lower rail member, the thermal break located within the space, the thermal break including, a solid body 151 of thermally insulating material defining a first side portion having a first projection defining a first flared end,
a second side portion having a second projection defining a second flared end, and an intermediate portion between the first side portion and the second side portion, the solid body of thermally insulating material being asymmetrical about a longitudinal axis of the solid body,
wherein the first flare end extends within the recess of a first rail member of the two parallel rail members and the first flared end defines a polygonal shape that substantially matches a polygonal shape of the recess of the first rail member. (see annotated FIG. 3 below) (claim 1)
[AltContent: textbox (Third protrusion)][AltContent: arrow][AltContent: ][AltContent: ][AltContent: textbox (Rail member)][AltContent: textbox (Rail member)][AltContent: arrow][AltContent: arrow][AltContent: ]
PNG
media_image1.png
574
694
media_image1.png
Greyscale
[AltContent: textbox (Second side portion)][AltContent: textbox (First side portion)]
[AltContent: textbox (Intermediate portion)]
KR 10-2021-0085810 further discloses wherein second flared end extends within the recess of a second rail member of the other of the two parallel rail members and the second flared end defines a shape that substantially matches a shape of the recess of the second rail member. (see Fig. 3 above) (claim 8)
KR 10-2021-0085810 discloses a fenestration unit comprising:
a frame including a plurality of frame members, wherein the plurality of frame members includes an upper rail member 11, a lower rail member 12, a first stile member 13, a second stile member 14, the lower rail member including a first rail member and a second rai member positioned opposite the first rail member, (see annotated FIG. 3 above) the first and second rail members defining a space therebetween and each of the first and second rail members defining a recess therein; and
a thermal break coupled to the lower rail member, the thermal break located within the space, the thermal break including,
a body 151 of thermally insulating material defining a first side portion, a second side portion, and an intermediate portion between the first side portion and the second side portion, (see annotated FIG. 3 above)
wherein the first side portion defines a first protrusion received within the recess of the first rail member, wherein a polygonal shape of the first protrusion is substantially the same as a polygonal shape of the recess of the first rail member,
wherein the second side portion defines a second protrusion received within the recess of the second rail member, wherein a polygonal shape of the second protrusion is substantially the same as a polygonal shape of the recess of the second rail member, and
wherein the first side portion and the second side portion are asymmetrical about a longitudinal axis of the body of thermally insulating material. (see FIG. 3 above) (claim 11)
KR 10-2021-0085810 further discloses wherein a longitudinal length of the first protrusion is less than a longitudinal length of the second protrusion. (see annotated FIG. 3 above) (claim 12)
KR 10-2021-0085810 further discloses wherein the second side portion further includes a third protrusion projecting substantially perpendicularly to the second protrusion. (claim 13)
KR 10-2021-0085810 further discloses wherein the polygonal shape of the first flared end and the polygonal shape of the recess of the first rail member are generally triangular. (see annotated FIG. 3 above) (claim 23)
KR 10-2021-0085810 further discloses wherein the polygonal shape of the first protrusion is generally triangular and the polygonal shape of the second protrusion is generally triangular. (see annotated FIG 3 above) (claim 24)
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2021-0085810, as applied to claim 1 above, in view of US 10113356 to Lenox et al. (hereinafter “Lenox”).
KR 10-2021-0085810 fails to disclose wherein the thermally insulating material includes at least one of polyamide, polyurethane, and fiberglass.
Lenox teaches of a thermally insulating material 184 includes at least one of polyamide, polyurethane, and fiberglass. (see col. 2)
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 thermally insulating material of KR 10-2021-0085810 out of at least one of polyamide, polyurethane, and fiberglass, as taught by Lenox with a reasonable expectation of success in order to form the thermally insulating material out of an inexpensive, durable, flexible and sufficiently thermally insulating material. (claim 2)
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2021-0085810, as applied to claim 1 above.
KR 10-2021-0085810 further discloses a panel 20 coupled to the frame, the panel including a roller 410 coupled to a bottom side of the panel, the roller engaged with the thermal break. (see annotated FIG. 3 above) KR 10-2021-0085810 fails to disclose a set of rollers.
On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second roller and form a set of rollers with KR 10-2021-0085810 in order to further stabilize and smoothen movement of the panel as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (claim 4)
KR 10-2021-0085810 further discloses wherein the intermediate portion of the solid body of thermally insulating material defines a convex crown (see FIG. 3 above; the convex crown sits below the cap member 158), the convex crown defining a roller track to engage the set of rollers of the panel. (claim 5)
KR 10-2021-0085810 further discloses wherein the convex crown further includes a cap member 158 coupled to the convex crown, the cap member operable to engage the set of rollers. (see Fig. 3 above) (claim 6)
KR 10-2021-0085810 further discloses wherein the cap member is substantially the same shape as the convex crown. (see FIG. 3 above) (claim 7)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2021-0085810, as applied to claim 1 above.
KR 10-2021-0085810 further discloses a sliding panel 20 coupled to the frame, the sliding panel including a roller 410 coupled to a bottom side of the sliding panel, the roller engaged with the thermal break. KR 10-2021-0085810 fails to disclose a set of rollers.
On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second roller and form a set of rollers with KR 10-2021-0085810 in order to further stabilize and smoothen movement of the panel as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (claim 14)
Claims 15-20 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2021-0085810.
KR 10-2021-0085810 discloses a fenestration unit comprising:
a frame including a plurality of frame members, wherein the plurality of frame members includes an upper rail member 11, a lower rail member 12, a first stile member 13, a second stile member 14, the lower rail member including two rail members on either side of the lower rail with a space defined therebetween; (see annotated FIG. 3 above)
a panel 20 coupled to the frame, the panel including an upper side defined along the upper rail member, a lower side defined along a lower rail member, a first side defined along the first stile member, and a second side defined along the second stile member, the panel including a roller 410 coupled along the lower side; (see FIGS. 1 and 3 above)
an insulated glass unit 22 supported within the panel; and
a thermal break system defined along an isothermal plane of the fenestration unit, the thermal break system including,
a first thermal break coupled lengthwise along the lower rail member of the frame, the first thermal break including a first body 151 of thermally insulating material and a portion of the first body of thermally insulating material is received within a recessed portion of the lower rail member, wherein a polygonal shape of the portion of the first body of thermally insulating material is substantially the same as a polygonal shape of the recessed portion of the lower rail member (see annotated FIG. 3 above) the first body being asymmetrical about a longitudinal axis of the first thermal break, and
a second thermal break 520,300 (see FIG. 3 above) defined along a lower side of the panel proximate to the roller, the second thermal break including a second body of thermally insulating material, wherein the first thermal break and the second thermal break are aligned along the isothermal plane.
KR 10-2021-0085810 fails to disclose a set of rollers.
On the other hand, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a second roller and form a set of rollers with KR 10-2021-0085810 in order to further stabilize and smoothen movement of the panel as well as since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. (claim 15)
KR 10-2021-0085810 further discloses wherein the second body of thermally insulating material includes a first side portion and a second side portion (on element 520; see FIG. 3 above), the first side portion and the second side portion defining a plurality of protrusions each received within a respective recess of the panel. (see annotated FIG. 3 above) (claim 16)
KR 10-2021-0085810 further discloses wherein the second body of thermally insulating material further includes a plurality of recesses 330 that receive a seal coupled lengthwise along the lower rail of the frame. (see FIG. 3 above) (claim 17)
KR 10-2021-0085810 further discloses wherein the set of rollers is engaged with the first thermal break, (claim 18) wherein the thermal break system further includes a third thermal break 510 defined lengthwise along the panel proximate to the insulated glass unit (see FIG. 3 above) (claim 19) and wherein the first thermal break, the second thermal break, and the third thermal break are aligned along the isothermal plane. (see Fig. 3 above) (claim 20)
KR 10-2021-0085810 further discloses wherein the polygonal shape of the portion of the first body of thermally insulating material and the polygonal shape of the recessed portion of the lower rail member are generally triangular. (see FIG. 2 above) (claim 25)
Allowable Subject Matter
Claim 9 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.
Response to Arguments
Applicant's arguments filed May 5, 2026 have been fully considered but are moot due to new grounds of rejection.
Conclusion
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 7:30 -4 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.
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.
/Marcus Menezes/
Primary Examiner, Art Unit 3634
Prosecution Insights