DETAILED ACTION
This non-final Office action is in response to the claims filed on December 17, 2025.
The IDS filed December 17, 2025 has been reviewed.
Status of claims: claims 3, 21 and 22; claims 1, 2, 4-20, 23 and 24 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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 17, 2025 has been entered.
Claim Objections
Claims 11, 15 and 16-20 are objected to because of the following informalities:
Claim 11, line 23 – shouldn’t “the recess” be amended to “the recess of the second rail member”
Claim 15, line 5 – shouldn’t “lower rail” be amended to “lower rail member”
Claim 15, line 8 – shouldn’t “a lower rail member” be amended to “the lower rail member”
Claim 15, line 19 – shouldn’t “lower rail” be amended to “lower rail member”
Claim 15, line 22 – shouldn’t “lower rail” be amended to “lower rail member,”
Claims 16-20, line 1 – shouldn’t “The thermal break system of claim” be amended to “The fenestration unit of claim”
Appropriate correction is required.
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, 2, 4-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10113356 to Lenox et al. (hereinafter “Lenox”).
Lenox discloses a fenestration unit comprising:
a frame including a plurality of frame members, wherein the plurality of frame members includes an upper rail member 122, a lower rail member 124, a first stile member, a second stile member, the lower rail member including two parallel rail members defining a space 180 therebetween, each of the two parallel rail members defining a recess; (see annotated FIG. 7 below and FIG. 5; Note the second rail member includes elements 124b,124d) and
a thermal break coupled to the lower rail member, the thermal break located within the space, the thermal break including, a solid body 184 of thermally insulating material defining a first side portion having a first projection defining a first flared end, (see annotated figures below; note: applicant’s specification does not define “flared,” therefore the examiner relied upon the Cambridge Dictionary for a definition of “flared.” Note the first flared end and second flared end in Lenox are both wider then the first and second projections.)
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FLARED | English meaning - Cambridge Dictionary
a second side portion having a second projection defining a second flared end, and an intermediate portion 182 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 shape that substantially matches a shape of the recess of the first rail member. (claim 1)
[AltContent: arrow][AltContent: textbox (Rail member)][AltContent: textbox (Rail member)][AltContent: arrow][AltContent: textbox (recess)][AltContent: arrow][AltContent: textbox (recesses)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (protrusion)][AltContent: ][AltContent: textbox (Rounded opening)][AltContent: arrow][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (Second flared end)][AltContent: textbox (First flared end)][AltContent: arrow][AltContent: textbox (Vertical protrusion)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (length)][AltContent: textbox (length)]
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Lenox further discloses wherein the thermally insulating material includes at least one of polyamide, polyurethane, and fiberglass. (see col. 2) (claim 2)
Lenox further discloses a panel 114 coupled to the frame, the panel including a set of rollers 172 coupled to a bottom side of the panel, the set of rollers engaged with the thermal break. (see FIGS. 5 and 7) (claim 4)
Lenox further discloses wherein the intermediate portion of the solid body of thermally insulating material defines a convex crown (see FIG. 7 above), the convex crown defining a roller track to engage the set of rollers of the panel. (claim 5)
Lenox further discloses wherein the convex crown further includes a cap member 174 coupled to the convex crown, the cap member operable to engage the set of rollers. (see Fig. 7 above) (claim 6)
Lenox further discloses wherein the cap member is substantially the same shape as the convex crown. (see FIG. 7) (claim 7)
Lenox 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. 7 above) (claim 8)
Lenox further discloses wherein the intermediate portion of the solid body of thermally insulating material defines a rounded opening. (see annotated FIG. 7 above) (claim 9)
Lenox discloses a fenestration unit comprising:
a frame including a plurality of frame members, wherein the plurality of frame members includes an upper rail member, a lower rail member 124, a first stile member, a second stile member, the lower rail member including a first rail member and a second rai member (see annotated figures above; note the second rail member includes elements 124b,124d) positioned opposite the first rail member, the first and second rai members defining a space 180 therebetween and each of the first and second rail members defining a recess therein; (see FIG. 5 and 7 above) and
a thermal break coupled to the lower rail member, the thermal break located within the space, the thermal break including,
a body of thermally insulating material defining a first side portion, a second side portion, and an intermediate portion 182 between the first side portion and the second side portion,
wherein the first side portion defines a first protrusion received within the recess of the first rail member, wherein a shape of the first protrusion is substantially the same as a shape of the recess,
wherein the second side portion defines a second protrusion received within the recess of the second rail member, wherein a shape of the second protrusion is substantially the same as a shape of the recess, 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. 7 above) (claim 11)
Lenox further discloses wherein a longitudinal length of the first protrusion is less than a longitudinal length of the second protrusion. (see annotated FIG. 7 above) (claim 12)
Lenox further discloses wherein the second side portion further includes a third protrusion projecting substantially perpendicularly to the second protrusion. (claim 13)
Lenox further discloses a sliding panel 114 coupled to the frame, the sliding panel including a set of rollers 172 coupled to a bottom side of the sliding panel, the set of rollers engaged with the thermal break. (claim 14)
Lenox discloses a fenestration unit comprising:
a frame including a plurality of frame members, wherein the plurality of frame members includes an upper rail member, a lower rail member, a first stile member, a second stile member, the lower rail member including two rail members on either side of the lower rail with a space defined therebetween; (see FIG. 5)
a panel 114 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 set of rollers 172 coupled along the lower side; (see FIGS. 5 and 7)
an insulated glass unit 152 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 184 coupled lengthwise along the lower rail member of the frame, the first thermal break including a first body 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, wherein a shape of the portion of the first body of thermally insulating material is substantially the same as a shape of the recessed portion of the lower rail (see annotated figures above) the first body being asymmetrical about a longitudinal axis of the first thermal break, and
a second thermal break 176 defined along a lower side of the panel proximate to the set of rollers, 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. (see annotated Fig. 7 above) (claim 15)
Lenox further discloses wherein the second body of thermally insulating material includes a first side portion and a second side portion, 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. 7 above) (claim 16)
Lenox further discloses wherein the second body of thermally insulating material further includes a plurality of recesses that receive a seal coupled lengthwise along the lower rail of the frame. Note: at least a portion of seal 172 and the other seal on the opposite side of seal 172 are received in the recesses illustrated in FIG. 7 above. (claim 17)
Lenox 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 144b defined lengthwise along the panel proximate to the insulated glass unit (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. 7 above) (claim 20)
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lenox, as applied to claim 9 above, and further in view of US 20110239560 to Landeros.
Lenox fails to disclose wherein the fenestration unit includes an end plate, and a portion of the end plate is received within the rounded opening.
Landeros teaches of an end plate 102,106 and a portion 106 of the end plate is received within a rounded opening of a lower rail.
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 modify the fenestration unit disclosed in Lenox with an end plate taught in Landeros such that a portion of the end plate is configured to be received within the Lenox rounded opening with a reasonable expectation of success in order to protect an end of the Lenox thermal break and lower rail member as well as for aesthetic reasons. (claim 10)
Allowable Subject Matter
Claims 23 and 24 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 17, 2025 have been fully considered but they are not persuasive.
On page 9 of the applicant’s response filed December 17, 2025, the applicant contends the following:
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The examiner respectfully disagrees. As illustrated in annotated FIG. 7 above, the outer surfaces of the first flared end that contact the rail member has “a shape that substantially matches a shape” (L-shape) “of the recess of the first rail member,” as recited in claim 1.
Note: to expedite prosecution, perhaps amend the last two lines of independent claim 1, and similarly amend independent claims 11 and 15, with “defines a polygonal shape that substantially matches a polygonal shape of the recess of the first rail member.”
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.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634