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 .
DETAILED ACTION
This is a non-final First Office Action on the Merits in application 18/672,143, filed 5/23/2024.
Claims 1-18 are pending and examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/4/2026 is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the frames of aluminum, see claim 17.
The disclosure is objected to because of the following informalities: on page 1, line 20, “sash” should be “a sash”, and in lines 27-28, “which not being doors” should be “not including doors”. The remainder of the specification should be checked for similar grammatical issues and amended accordingly.
Appropriate correction is required.
Claim Objections
Claims 1-18 are objected to because of the following informalities: in claim 1, line 1, “Frame” should be changed to “A frame”, in line 2, “characterized by” should be deleted, in lines 6-7, “one profile housing profile” should be changed to “one housing profile” and in lines 9 and 13, “the panel” should be changed to “the at least one panel”, and; in claims 1, 9, 12 and 18, “the external light protection means” should be “means of protection against external light” or vice versa; and in claims 2-18, line 1 of the claims “Frame” should be changed to “The frame”. Appropriate correction is required.
Claim Interpretation
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “means of protection” and “lighting means” in claim 1.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 1-18 are 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.
In claim 1, lines 4-6, it is not clear if one or both of the protection or light are housed on a profile since the term “and/or” as well as “both” are used rendering the metes and bounds of the claim unclear as to what elements make up the frame.
In claim 1, line 8, “the lintel” has no antecedent basis.
In claim 4, line 2, “located at a free end that crossed the opening” is not clear what is being defined and renders the metes and bounds of the claim unclear as to what “crossed the opening”.
In claim 5, line 3, “the jamb” has no antecedent basis.
In claim 9, “the outer sides” has no antecedent basis.
In claim 18, it is not clear how the net has an opening rendering the metes and bounds of the claim unclear.
In claim 18, “similar to a mosquito” is not clear what is being defined rendering the metes and bounds of the claim unclear.
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-6, 9-11 and 16 are rejected, as best understood, under 35 U.S.C. 102(a)(1) as being anticipated by Westhof(EP1801341; cited on IDS filed 3/4/2026).
Westhof discloses a frame with incorporation of protection against external light(9, 10, see para. [0049] and Figs. 1-3) and/or lighting(3 and 7, see para. [0049] and Fig. 1) comprising at least one fixed frame(14), at least one panel(4) with a movable frame(around 4, see Fig. 2), the frame comprising:
at least one means of protection against external light(9, 10) and/or at least one lighting means(3, 7, 8), both at least one means of protection against external light (3) and/or at least one lighting means(3, 7) are housed on at least one housing profile(14, see Fig. 1-2) of the fixed frame(14/23), said at least one housing profile(14/23) of the fixed frame(14/23) is located on at least one point on the lintel of the fixed frame(the housing 14/23 is affixed to the wall and therefore considered to inherently be affixed to a door lintel used to secured a door to a wall meeting the claim limitation) and on at least one side of the panel(see Fig. 2); and
at least two openings(for 3, 7 and 9 and 10), said openings being located in the fixed frame(see Fig. 2) in such a way as to project illumination from the lighting means(see para. [0049]) and allowing the external light protection means(9, 10) to slide by vertical movement and parallel to the panel(see paras. [0047] and [0049]).
Regarding claim 2, Westhof discloses the frame of claim 1 wherein the means of protection against external light(9,10) are roller blinds(see paras. [0048] and [0049], said roller blinds being inserted into rollers(21, see Fig. 1; the term roller blind/shutter would inherently infer the use of a roller meeting the claim limitation).
Regarding claim 3, Westhof discloses the frame according to claim 1 wherein the means of protection against external light(9, 10) are moved manually and/or automatically(see para. [0049]).
Regarding claim 4, Westhof disclose the frame according to claim 1 wherein the means of protection against external light(9, 10) comprise a weight located at a free end that crosses the opening(the bar at the free end of 9 is considered to impart at least some weight to the means and meets the claim limitation).
Regarding claim 5, Westhof disclose the frame according to claim 1 wherein the means of protection against external light(9,10) comprise a variable engagement(the screen and blind are movable and meet the claim limitation) and the fixed frame(14) comprises fixing means along a jamb(the housing 14 is affixed to the wall and therefore considered to inherently be affixed to a door jamb used to secured a door to a wall meeting the claim limitation), with the variable engagement of the protection means against external light fixed in the fixing means on the fixed frame(via the elements of the housing), in the upward-descending movement.
Regarding claim 6, Westhof discloses the frame according to claim 1 wherein the frame comprises a motor(see para. [0049]), said motor driving the movement of the means of protection against external light(9).
Regarding claim 9, Westhof discloses the frame according to claim 1 wherein the lighting means(3, 7) are located on the outer sides of the external light protection means(9,10, see Fig. 1, the claim has no structural limitation to the location of the lights with respect to the means of protection and the lights are therefore considered on outer sides of the means of protection 9 and 10).
Regarding claim 10, Westhof discloses the frame according to claim 1 wherein the lighting means are LED(see para. [0058], when only the means for protection is in the housing, “and/or” in claim 1).
Regarding claim 11, Westhof discloses the frame according to claim 1 wherein the frame comprises a built-in light sensor(see para. [0047]).
Regarding claim 16, Westhof discloses the frame according to claim 1, wherein the panels(4) are made of panels of single, double, triple glass, or another type of material(see Figs. 2-3).
Regarding claim 18, Westhof discloses the frame according to claim 1 wherein the external light protection means(screen 9) are a net with an opening to protect against the entry of mosquitoes or dust(a screen is considered to inherently have openings for air to pass meeting the claim limitation.
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 7-8, 12-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Westhof.
Regarding claims 7 and 15, Westhof discloses the frame according to claim 1 but lacks the specific blind movement and size of the openings.
Applicant’s disclosure lends no criticality to the manner in which the roller blind is moved(see page 4, lines 7-18 and page 6, lines 9-11).
Therefore, the specific manner of moving the roller, such as with a reversible motor or a battery, is considered a feature best determined by a skilled artisan given the intended use of the blind and design requirements thereof.
Regarding claim 8, Westhof discloses the frame according to claim 1 but lacks the specific size of the openings.
Applicant’s disclosure lends no criticality to the specific size of the opening(see page 4, lines 3-5).
Therefore, the specific size of the openings is considered a feature best determined by a skilled artisan given the intended use of the blind and design requirements thereof.
Regarding claim 13, Westhof discloses the frame according to claim 1 wherein a temperature sensor(13) is provided but lacks the specific location of the sensor.
Applicant’s disclosure lends no criticality to the location of the temperature sensor(see page 6, lines 1-3).
Therefore, the specific location of the sensor is considered a feature best determined by a skilled artisan given the intended use of the blind and design requirements thereof.
Regarding claims 12 and 14, Westhof discloses the frame according to claim 1 but lacks the specific panels used.
Applicant’s disclosure lends no criticality to the panels used(see page 5, lines 31-32).
Therefore, the panels used is considered a feature best determined by a skilled artisan given the intended use of the blind and design requirements thereof.
Regarding claim 17, Westhof discloses the frame according to claim 1 but lacks the specific material of the frames.
Applicant’s disclosure lends no criticality to the specific material of the frames(no reference in disclosure).
Therefore, the specific material used for the frames is considered a feature best determined by a skilled artisan given the intended use of the blind and design requirements thereof.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETH A. AUBREY whose telephone number is (571)272-1851. The examiner can normally be reached M-F 8a-4:30p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BETH A. AUBREY
Primary Examiner
Art Unit 3633
/Beth A Aubrey/