DETAILED ACTION
This is a non-final Office Action on the merits for U.S. App. 18/662,540. Receipt of the Response to the Election/Restriction filed on 03/16/2026 is acknowledged.
Claims 1-18 and 20 are pending.
Claim 19 is cancelled.
Claims 11 and 16 are withdrawn from consideration.
Claims 1-10, 12-15, 17, 18, and 20 are examined.
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 Species IX: FIG. 22 in the reply filed on 03/16/2026 is acknowledged. Claims 11 and 16 are withdrawn from consideration for defining a non-elected embodiment.
Claim Objections
Claims 1, 7, and 8 are objected to because of the following informalities: lines 9-10 of claim 1 defines “the rear section of the screen portion” which instead should define --[[the]] a rear section of the screen portion-- to properly introduce such an element; line 1 of claim 7 should define --wherein the up leg-- to properly refer back to such an element; line 1 of claim 8 should define --wherein the rear profile-- to properly refer back to such an element. 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 15 is 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.
Claim 15 defines “the upper portion” in line 2, which renders the claimed invention indefinite since such an upper portion has not been previously defined and one of ordinary skill in the art would not know what upper portion of what element is being referred back to. For examining purposes and in light of the specification and drawings, the down leg is considered to comprise of an upper portion which is being referred to in such an instance.
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) 1-3, 6-10, 12-15, 17, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brochu (U.S. Patent 8,434,269).
Regarding claim 1, Brochu discloses a gutter guard (#10) configured for installation on a gutter system comprising a gutter and a plurality of gutter hangers hanging the gutter from a fascia board of a roof (see figure 3, where such a gutter and hangers are not positively defined), the gutter guard comprising:
a front profile (#12) configured to couple to a front edge of a gutter (see figure 3);
a screen portion (#16) rearward of the front profile (see figure 1) for covering a top portion of the gutter (see figure 3), the screen portion having openings (#26) configured to permit infiltration of water through the screen portion into the gutter and inhibit infiltration of debris (see col. 2, ll. 13-17); and
a rear profile (#14) rearward of the screen portion (see figure 1), the rear profile configured to engage the gutter system to support the gutter guard on the gutter system so that at least a rear section (#24 and/or #26) of the screen portion is spaced apart above a central section of the gutter hanger (see figure 3), the rear profile comprising an up leg (#54) extending upward in relation to the rear section of the screen portion and wherein the rear profile comprises a down leg (#52) extending downward in relation to the rear section of the screen portion to a bottom edge configured for engaging the gutter hangers such that the down leg supports the rear profile on the gutter hangers (see figure 3).
Regarding claim 2, Brochu discloses the bottom edge is configured for engaging back corners of the gutter hangers (see figure 3, where such a positioning is not positively defined).
Regarding claim 3, Brochu discloses at least a portion of the down leg extends downward at an oblique angle in relation to a top plane of the gutter (as depicted in figure 2, if the top plane of the gutter extends along the horizontal x-axis of the central portion #16, the downward leg #52 extends at an oblique angle with respect to the horizontal x-axis of the screen portion #16, which would be parallel to the horizontal top plane of the gutter as depicted in figure 3).
Regarding claim 6, Brochu discloses the up leg comprises a top edge (the top bend edge of leg #54 of figure 2) and the top edge is spaced apart rearward of the bottom edge by an offset distance (see figure 2, where the top edge and bottom edge are offset relative to one another so that the bottom edge extends further in the x-axis direction than the top edge).
Regarding claim 7, Brochu discloses the up leg comprises a screw (#90; see figure 3).
Regarding claim 8, Brochu discloses the rear profile comprises a crease between the down leg and the up leg (the crease formed at the inside portion of the rear profile #14 between the outer surfaces of the legs #52 and #54).
Regarding claim 9, Brochu discloses the rear profile comprises a rear facing section (the rear right surface of figure 2 which comprises of the rear surface of one of the rear leg sections of the legs #54 and #52 above or below the crease) extending from the crease (see figure 2), one of the up leg and the down leg having a back side and the rear facing section having a front side facing toward the back side (the back side of portion #56 of the up leg #54 or the top, back side of the bottom folded portion of leg #52 can be considered the back side which facings the left, front side of the rear facing portion).
Regarding claim 10, Brochu discloses the front side of the rear facing section is in face-to-face contact with the back side (see figure 2).
Regarding claim 12, Brochu discloses the rear profile further comprises a kickback bend between the rear facing section and the other of the up leg and the down leg (see figure 2, where a kickback bend/hem is provided between the rear facing section and either the up leg and the down leg).
Regarding claim 13, Brochu discloses the up leg comprises a flange (section #58), an upper kicker (the tip of the flange #58 which extends at a different angle than flange #58), and a backward kicker bend (the bend between the flange #58 and its tip which bends backwardly toward the central portion #16) connecting the upper kicker to the flange (see figure 2).
Regarding claim 14, Brochu discloses the up leg further comprises one of an upturned lip and a hem connected to the upper kicker (the hem between sections #56 and #54 is connected to the upper kicker through elements #58 and #56 since they are formed out of a single piece of material).
Regarding claim 15, Brochu discloses the down leg comprises a main portion (the main portion can comprise of element #24), a lower backward kicker (the lower segment of the leg #52 of figure 2), and a lower backward kicker bend (the hem at the right bottom end of the leg #52 can be considered the bend) between the upper portion (the upper right portion of leg #52) and the lower backward kicker (see figure 2).
Regarding claim 17, Brochu discloses the rear profile and the screen portion are integrally formed from a single piece of monolithic sheet metal (see figure 2 and col. 2, ll. 6-11).
Regarding claim 18, Brochu discloses the up leg and the down leg are configured to define a substantially enclosed pocket along the fascia board for containing back flanges and hanger screw heads of the gutter hangers (see figure 3, where screw heads directly attaching the hangers to the gutter and fascia board can be covered by the up and down legs of the guard, where such a positioning and covering is not positively defined.).
Regarding claim 20, Brochu discloses a gutter guard (#10) configured for installation on a gutter system comprising a gutter and a plurality of gutter hangers hanging the gutter from a fascia board of a roof (see figure 3, where such a gutter and hangers are not positively defined), the gutter guard comprising:
a front profile (#12) configured to couple to a front edge of a gutter (see figure 3);
a screen portion (#16) rearward of the front profile (see figure 1) for covering a top portion of the gutter (see figure 3), the screen portion having openings (#26) configured to permit infiltration of water through the screen portion into the gutter and inhibit infiltration of debris (see col. 2, ll. 13-17); and
a rear profile (#14) rearward of the screen portion (see figure 1), the rear profile configured to engage the gutter system to support the gutter guard on the gutter system, the rear profile configured to engage the gutter system at an upper contact point with the fascia board above back flanges of the hangers (see figure 3, where the upper contact point is formed through part #60 of the rear profile) and a lower contact point with the hangers (see figure 3, where the leg #52 contacts the hangers), the rear profile configured to define a substantially enclosed pocket (the pocket between the rear surfaces of legs #52 and #54 of figure 2) along the fascia board for containing back flanges and hanger screw heads of the gutter hangers (see figure 3, where screw heads directly attaching the hangers to the gutter and fascia board can be covered by the up and down legs of the guard, where such a positioning and covering is not positively defined).
Claim(s) 1-6, 8, 13, 14, 18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCann (U.S. Publication 2008/0098661).
Regarding claim 1, McCann discloses a gutter guard (#10) configured for installation on a gutter system comprising a gutter and a plurality of gutter hangers hanging the gutter from a fascia board of a roof (see figure 3, where such a gutter and hangers are not positively defined), the gutter guard comprising:
a front profile (the profile to the right of edge #16 of figure 2) configured to couple to a front edge of a gutter (see figure 3);
a screen portion (#12) rearward of the front profile (see figure 2) for covering a top portion of the gutter (see figure 3), the screen portion having openings (#18) configured to permit infiltration of water through the screen portion into the gutter and inhibit infiltration of debris (see paragraph 21); and
a rear profile (the portion to the left of edge #14 of figure 2) rearward of the screen portion (see figure 2), the rear profile configured to engage the gutter system to support the gutter guard on the gutter system so that at least the rear section of the screen portion is spaced apart above a central section of the gutter hanger (see figure 3), the rear profile comprising an up leg (#22) extending upward in relation to the rear section of the screen portion and wherein the rear profile comprises a down leg (#20) extending downward in relation to the rear section of the screen portion to a bottom edge configured for engaging the gutter hangers such that the down leg supports the rear profile on the gutter hangers (see figure 3).
Regarding claim 2, McCann discloses the bottom edge is configured for engaging back corners of the gutter hangers (see figure 3, where such a positioning is not positively defined).
Regarding claim 3, McCann discloses at least a portion of the down leg extends downward at an oblique angle in relation to a top plane of the gutter (as depicted in figure 2, the downward leg #20 extends at an oblique angle with respect to the horizontal x-axis of the screen portion #12, which would be parallel to the horizontal top plane of the gutter as depicted in figure 3).
Regarding claim 4, McCann discloses the bottom edge is spaced apart below the screen portion by a height in an inclusive range of from 1/16 to 1 inch (height H of the down leg #20 is between ½ to 7/8 inches, which falls within the range as defined; see paragraph 23).
Regarding claim 5, McCann discloses the bottom edge is configured to be spaced apart below a top plane of the gutter by a height in an inclusive range of from 1/16 to 1 inch (height H of the down leg #20 is between ½ to 7/8 inches (see paragraph 23), which falls within the range as defined and where the top plane of the gutter is not positively defined but the height of the bottom edge of McCann can be so positioned with respect to such a hypothetical gutter top plane, such as when the gutter guard of McCann is used with a gutter with a top horizontal plane at #52 that extends substantially parallel with the perforated portion #12 as depicted in figure 3).
Regarding claim 6, McCann discloses the up leg comprises a top edge (the top left tip of leg #22 of figure 2) and the top edge is spaced apart rearward of the bottom edge by an offset distance (see figure 2, where the top edge and bottom edge are offset relative to one another so that the top edge extends further in the x-axis direction than the bottom edge).
Regarding claim 8, McCann discloses the rear profile comprises a crease between the down leg and the up leg (the crease formed at the inside left portion of the rear profile between the outer surfaces of the legs #22 and #20).
Regarding claim 13, McCann discloses the up leg comprises a flange (the bottom segment of the up leg #22 directly attached at a bottom end to the edge #14 of figure 2), an upper kicker (the middle segment of the leg #22 of figure 2), and a backward kicker bend (the bend between the bottom and middle segments of leg #22 of figure 2) connecting the upper kicker to the flange (see figure 2).
Regarding claim 14, McCann discloses the up leg further comprises one of an upturned lip and a hem connected to the upper kicker (the upturned lip at the end of leg #22 of figure 2).
Regarding claim 18, McCann discloses the up leg and the down leg are configured to define a substantially enclosed pocket along the fascia board for containing back flanges and hanger screw heads of the gutter hangers (see figure 3).
Regarding claim 20, McCann discloses a gutter guard (#10) configured for installation on a gutter system comprising a gutter and a plurality of gutter hangers hanging the gutter from a fascia board of a roof (see figure 3, where such a gutter and hangers are not positively defined), the gutter guard comprising:
a front profile (the profile to the right of edge #16 of figure 2) configured to couple to a front edge of a gutter (see figure 3);
a screen portion (#12) rearward of the front profile (see figure 2) for covering a top portion of the gutter (see figure 3), the screen portion having openings (#18) configured to permit infiltration of water through the screen portion into the gutter and inhibit infiltration of debris (see paragraph 21); and
a rear profile (the portion to the left of edge #14 of figure 2) rearward of the screen portion (see figure 2), the rear profile configured to engage the gutter system to support the gutter guard on the gutter system (see figure 3), the rear profile configured to engage the gutter system at an upper contact point with the fascia board above back flanges of the hangers (see figure 3, where the upper contact point is at the top of leg #22) and a lower contact point with the hangers (see figure 3, where the leg #20 contacts the hangers), the rear profile configured to define a substantially enclosed pocket (the pocket between the rear surfaces of legs #22 and #20 of figure 2) along the fascia board for containing back flanges and hanger screw heads of the gutter hangers (see figure 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635