DETAILED ACTION
This is a Non-final Office Action on the merits for U.S. App. 18/676,824.
Claims 1-25 are pending.
Claims 1-25 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 .
Claim Objections
Claims 23 and 24 are objected to because of the following informalities: line 10 of claim 23 defines “the side frame member axis” which instead should define --a side frame member axis-- to properly introduce such an element not previously defined; line 11 of claim 23 defines “a sill” which instead should define --the sill-- to properly refer back to the sill as previously defined and required; lines 14 of claim 23 defines “displaces the cantilevered leg of the side frame weatherstrip member” which instead should define --displaces a cantilevered leg of a side frame weatherstrip member-- to properly introduce such elements, and where lines 23-24 should instead define --the cantilevered leg of the side frame weatherstrip member-- to properly refer back to the previously defined leg and member; lines 2-3 of claim 24 defines “a side frame member axis” which instead should define --the side frame member axis-- to properly refer back to such an element previously defined. Appropriate correction is required.
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, 2, 4-12, and 15-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kling (U.S. Patent 11,060,344).
Regarding claim 1, Kling discloses a sealing system for a fenestration unit, the sealing system comprising:
a fenestration frame comprising a side frame member (#14) connected to a sill (#23), wherein the sill and the side frame member comprise an interior side (the right side of figure 2) and an exterior side (the left side of figure 2), wherein the side frame member extends along a side frame member axis extending away from the sill (see figure 2, where the side frame member extends along a vertical axis that extends away from the sill);
a panel (#600) retained in the fenestration frame (see figure 6), the panel positioned above the sill (see figure 6), the panel comprising an interior face (the left major vertical face of figure 6 that is to face the interior side of the frame when it is closed), an exterior face (the right major vertical face of figure 6 which is to face the exterior side of the frame when it is closed), a first edge (the edge with hinges #602), a second edge (the edge that is to comprise of a door handle and engage a latch on the doorway frame), a top edge (the top edge of figure 6), and a bottom edge (the bottom edge as depicted in figure 6), wherein, when the panel is in a closed configuration in the fenestration frame, the first edge faces the side frame member and the bottom edge faces the sill (see figure 6);
a side frame member weatherstrip (#17) attached to the side frame member (see figure 4), wherein, when the panel is in a closed configuration in the fenestration frame, the first edge of the panel faces the side frame member, the bottom edge of the panel faces the sill, and the exterior face of the panel contacts the side frame member weather strip (see figures 4 and 6, where the exterior surface of the door is to contact the weatherstrip #17 when the door is closed), wherein the side frame member weatherstrip comprises a cantilevered leg (#39) that, when the exterior face of the panel is not in contact with the side frame weatherstrip, defines a channel aligned with the side frame member axis (the channel which element #310 is inserted within in figure 4, which the channel extends vertically and thus parallel to the vertical side frame member axis), the first channel located between the side frame member and the cantilevered leg (see figure 4), and wherein, when the panel is in the closed configuration, the exterior face of the panel displaces the cantilevered leg towards the side frame member to reduce a size of the channel (the door is configured to close and contact the leg #39 so as to reduce the side of the channel, see col. 3, ll. 10-14); and
a dust plug (#27) comprising:
a base (#300) attached to the side frame member proximate the sill (see figures 2 and 6),
a support member (#310) attached to the base (see figure 3), the support member located in the channel between the side frame member and the cantilevered leg proximate the sill (see figures 2 and 6),
an exterior weather strip member (#306) attached to the base (see figure 3), wherein a portion of the exterior weatherstrip member is located in a panel-sill gap measured along the side frame member axis between the bottom edge of the panel and a top of the sill at a junction between the bottom edge, the exterior face, and the first edge of the panel when the panel is in the closed configuration (see figure 6, where the exterior weather strip member #306 extends from the top of the sill upward along the side frame member axis so as to extend between the top of the sill and the bottom edge of the door panel as well as between the exterior face and at the junction between the bottom edge, exterior face, and the first edge of the door panel), and
an interior weatherstrip member (#302) attached to the base (see figure 3), the interior weatherstrip member located proximate an interior edge of the base such that the exterior weatherstrip member is located between the support member and the interior weatherstrip member (see figure 4) and wherein the interior weatherstrip member contacts the first edge of the panel when the panel is in the closed configured (see figure 6, where the door panel #600 is configured to contact the interior member #302 when in the closed position).
Regarding claim 2, Kling discloses the exterior weatherstrip member is located in the channel between the support member and the cantilever leg when the exterior face of the panel is not in the closed configuration such that the panel is not in contact with the cantilevered leg of the side frame member weatherstrip (see figure 4, where the exterior member #306 is located within the channel between the leg #39 and the jamb #14 when the door panel #600 is not closed).
Regarding claim 4, Kling discloses the exterior weatherstrip member is aligned with the side frame member axis (see figures 2 and 6, where the exterior member #306 extends vertically and thus aligned with the vertical axis of member #14).
Regarding claim 5, Kling discloses the interior weather strip member is aligned with the side frame member axis (see figures 2 and 6, where the interior member #302 extends vertically and thus aligned with the vertical side frame axis).
Regarding claim 6, Kling discloses the support member comprises a support height measured along the side frame member axis, and wherein the support member height is greater than the panel-sill gap (see figures 2, 5A, and 6, where the support member extends the entire height of the plug #27 and thus comprises of a height that extends from the top of the sill to a position above the bottom edge of the panel).
Regarding claim 7, Kling discloses the dust plug comprises a drain channel aligned with the side frame member axis, the drain channel located between the support member and the interior weatherstrip member such that the drain is located between the first edge of the panel and the side frame member when the panel is in the closed configured (the drain channel can be considered to extend between the exterior surfaces of members #304 and #302, which forms a channel with the base #300 that is configured to allow liquids to flow therebetween, where such a channel is thus located between the support member and interior member #302 and between the first edge of the panel and the side frame member #14 during use).
Regarding claim 8, Kling discloses the drain channel is located between the exterior weatherstrip member and the interior weatherstrip member (see figure 3).
Regarding claim 9, Kling discloses the exterior weatherstrip member comprises an exterior weatherstrip member height measured along the side frame member axis, and wherein the exterior weatherstrip member height is greater than the panel-sill gap (see figures 2, 5A, and 6, where the exterior member #306 extends the entire height of the plug #27 and thus comprises of a height that extends from the top of the sill to a position above the bottom edge of the panel so as to be greater than the panel-sill gap, which is typically in the range of 0.09 and 0.2 inches, see col. 3, ll. 55-58).
Regarding claim 10, Kling discloses the support member height is equal to the exterior weatherstrip member height (see figure 5A, where the vertical height of the support member #310 and the exterior weatherstrip member #306 are the same).
Regarding claim 11, Kling discloses the interior weatherstrip member comprises an interior weatherstrip member height measured along the side frame member axis, and wherein the interior weatherstrip member height is greater than the panel-sill gap (see figures 2, 5A, and 6, where the interior member #302 extends the entire height of the plug #27 and thus comprises of a height that extends from the top of the sill to a position above the bottom edge of the panel so as to be greater than the panel-sill gap, which is typically in the range of 0.09 and 0.2 inches, see col. 3, ll. 55-58).
Regarding claim 12, Kling discloses the base comprises an interior edge (#308) facing away from the side frame member weatherstrip (see figure 4, where the bottom edge of element #308 faces away from the weatherstrip #17) and the side frame member comprises a cavity (#400), wherein the interior edge of the base is recessed within the cavity such that the interior edge is obscured by the side frame member when viewed along an interior-exterior axis extending between the interior side and the exterior side of the side frame member (see figure 4, where the interior edge #308 is hidden from view when viewed from downwardly to upwardly direction along the vertical axis of the figure).
Regarding claim 15, Kling discloses the dust plug comprises an intermediate weatherstrip member (#304) attached to the base (see figure 5A), the intermediate weatherstrip member located between the exterior weatherstrip member and the interior weatherstrip member (see figure 5A), and wherein the intermediate weatherstrip member contacts the first edge of the panel when the panel is in the closed configured (see figure 6 and col. 3, ll. 55-57).
Regarding claim 16, Kling discloses the intermediate weatherstrip member is aligned with the side frame member axis (see figures 2 and 5A, where the intermediate member #304 extends vertically and thus aligned with the vertical axis of the frame member #14).
Regarding claim 17, Kling discloses the intermediate weatherstrip member comprises an intermediate weatherstrip member height measured along the side frame member axis, and wherein the intermediate weatherstrip member height is greater than the panel-sill gap (see figures 2, 5A, and 6, where the intermediate member #304 extends the entire height of the plug #27 and thus comprises of a height that extends from the top of the sill to a position above the bottom edge of the panel so as to be greater than the panel-sill gap, which is typically in the range of 0.09 and 0.2 inches, see col. 3, ll. 55-58).
Regarding claim 18, Kling discloses the intermediate weatherstrip member height is equal to or greater than the interior weather strip member height (the intermediate and interior members comprise of the same vertical height as depicted in figure 5A).
Regarding claim 19, Kling discloses the dust plug comprises a drain channel aligned with the side frame member axis, the drain channel located between the intermediate weatherstrip member and the interior weatherstrip member such that the drain is located between the first edge of the panel and the side frame member when the panel is in the closed configured (the drain channel can be considered to extend between the exterior surfaces of members #304 and #302, which forms a channel with the base #300 that is configured to allow liquids to flow therebetween, where such a channel is thus located between the support member and interior member #302 and between the first edge of the panel and the side frame member #14 during use).
Regarding claim 20, Kling discloses as measured along an interior-exterior axis extending between the interior side and the exterior side of the side frame member, a first distance between the intermediate weatherstrip member and the exterior face of the panel is less than a second distance between the interior weatherstrip member and the interior face of the panel (See figure 6, where the distance between the intermediate #304 and exterior #308 members is much smaller than the distance between the interior member #302 and the exterior face of the door panel #600 facing to the right of the figure and which is positioned at least the thickness of the door relative to the interior weatherstrip member).
Regarding claim 21, Kling discloses a sealing system for a fenestration unit, the sealing system comprising:
a fenestration frame comprising a side frame member (#14) connected to a sill (#23), wherein the sill and the side frame member comprise an interior side (the right side of figure 2) and an exterior side (the left side of figure 2), and wherein the side frame member extends along a side frame member axis extending away from the sill (see figure 2, where the side frame member extends along a vertical axis that extends away from the sill);
a panel (#600) retained in the fenestration frame (see figure 6), the panel positioned above the sill (see figure 6), the panel comprising an interior face (the left major vertical face of figure 6 that is to face the interior side of the frame when it is closed), an exterior face (the right major vertical face of figure 6 which is to face the exterior side of the frame when it is closed), a first edge (the edge with hinges #602), a second edge (the edge that is to comprise of a door handle and engage a latch on the doorway frame), a top edge (the top edge of figure 6), and a bottom edge (the bottom edge as depicted in figure 6), wherein, when the panel is in a closed configuration in the fenestration frame, the first edge faces the side frame member and the bottom edge faces the sill (see figure 6);
a side frame member weatherstrip (#17) attached to the side frame member (see figure 4), wherein, when the panel is in a closed configuration in the fenestration frame, the first edge of the panel faces the side frame member, the bottom edge of the panel faces the sill, and the exterior face of the panel contacts the side frame member weather strip (see figures 4 and 6, where the exterior surface of the door is to contact the weatherstrip #17 when the door is closed), wherein the side frame member weatherstrip comprises a cantilevered leg (#39) that, when the exterior face of the panel is not in contact with the side frame weatherstrip, defines a channel aligned with the side frame member axis (the channel which element #310 is inserted within in figure 4, which the channel extends vertically and thus parallel to the vertical side frame member axis), the first channel located between the side frame member and the cantilevered leg (see figure 4), and wherein, when the panel is in the closed configuration, the exterior face of the panel displaces the cantilevered leg towards the side frame member to reduce a size of the channel (the door is configured to close and contact the leg #39 so as to reduce the side of the channel, see col. 3, ll. 10-14); and
a dust plug (#27) comprising:
a base (#300) attached to the side frame member proximate the sill (see figures 2 and 6),
a support member (#310) attached to the base (see figure 3), the support member located in the channel between the side frame member and the cantilevered leg proximate the sill (see figures 2 and 6),
an exterior weather strip member (#306) attached to the base (see figure 3), wherein a portion of the exterior weatherstrip member is located in a panel-sill gap measured along the side frame member axis between the bottom edge of the panel and a top of the sill at a junction between the bottom edge, the exterior face, and the first edge of the panel when the panel is in the closed configuration (see figure 6, where the exterior weather strip member #306 extends from the top of the sill upward along the side frame member axis so as to extend between the top of the sill and the bottom edge of the door panel as well as between the exterior face and at the junction between the bottom edge, exterior face, and the first edge of the door panel), and
an interior weatherstrip member (#302) attached to the base (see figure 3), the interior weather strip member located proximate an interior edge of the base such that the exterior weatherstrip member is located between the support member and the interior weatherstrip member (see figure 4) and wherein the interior weatherstrip member contacts the first edge of the panel when the panel is in the closed configuration (see figure 6, where the door panel #600 is configured to contact the interior member #302 when in the closed position);
wherein the exterior weatherstrip member is located in the channel between the support member and the cantilevered leg when the exterior face of the panel is not in the closed configuration such that the panel is not in contact with the cantilevered leg of the side frame member weatherstrip (see figure 4, where the exterior member #306 is located within the channel between the leg #39 and the jamb #14 when the door panel #600 is not closed);
wherein the support member comprises a support height measured along the side frame member axis, and wherein the support member height is greater than the panel-sill gap (see figures 2, 5A, and 6, where the support member extends the entire height of the plug #27 and thus comprises of a height that extends from the top of the sill to a position above the bottom edge of the panel);
wherein the dust plug comprises a drain channel aligned with the side frame member axis, the drain channel located between the support member and the interior weatherstrip member such that the drain is located between the first edge of the panel and the side frame member when the panel is in the closed configured (the drain channel can be considered to extend between the exterior surfaces of members #304 and #302, which forms a channel with the base #300 that is configured to allow liquids to flow therebetween, where such a channel is thus located between the support member and interior member #302 and between the first edge of the panel and the side frame member #14 during use);
and wherein the base comprises an interior edge (#308) facing away from the side frame member weatherstrip (see figure 4, where the bottom edge of element #308 faces away from the weatherstrip #17) and the side frame member comprises a cavity (#400), wherein the interior edge of the base is recessed within the cavity such that the interior edge is obscured by the side frame member when viewed along an interior-exterior axis extending between the interior side and the exterior side of the side frame member (see figure 4, where the interior edge #308 is hidden from view when viewed from downwardly to upwardly direction along the vertical axis of the figure).
Regarding claim 22, Kling discloses the dust plug comprises an intermediate weatherstrip member (#304) attached to the base (see figure 5A), the intermediate weatherstrip member located between the exterior weatherstrip member and the interior weatherstrip member (see figure 5A), and wherein the intermediate weatherstrip member contacts the first edge of the panel when the panel is in the closed configured (see figure 6 and col. 3, ll. 55-57).
Regarding claim 23, Kling discloses a method of sealing an interface between a panel (#600) and a side frame member (#14) of a fenestration unit, the method comprising:
positioning a dust plug (#27) on a side frame member (#14) of a fenestration panel (#600), wherein the dust plug comprises:
a base (#300) attached to the side frame member proximate a sill (#23) of the fenestration unit (see figures 2 and 6),
a support member (#310) attached to the base (see figure 3),
an exterior weather strip member (#306) attached to the base (see figure 3), wherein a portion of the exterior weatherstrip member is located in a panel-sill gap measured along the side frame member axis between a bottom edge of the panel and a top of a sill of the fenestration unit at a junction between a bottom edge of the panel, an exterior face of the panel, and a first edge of the panel when the panel is in a closed configuration in which the first edge of the panel displaces the cantilevered leg of the side frame weatherstrip member towards the side frame member (see figure 6, where the exterior weather strip member #306 extends from the top of the sill upward along the side frame member axis so as to extend between the top of the sill and the bottom edge of the door panel as well as between the exterior face and at the junction between the bottom edge, exterior face, and the first edge of the door panel), and
an interior weatherstrip member (#302) attached to the base (see figure 3), the interior weatherstrip member located proximate an interior edge of the base such that the exterior weatherstrip member is located between the support member and the interior weatherstrip member (see figure 4), and wherein the interior weatherstrip member contacts the first edge of the panel when the panel is in the closed configured (see figure 6, where the door panel #600 is configured to contact the interior member #302 when in the closed position);
wherein positioning the dust plug on the side frame member comprises locating the support member of the dust plug between the side frame member and a cantilevered leg (#39) of a side frame weatherstrip member (#17) attached to the side frame member (see figure 4), wherein the support member forces the cantilevered leg away from the side frame member proximate the sill when the panel is not in the closed configuration (see figure 4).
Regarding claim 24, Kling discloses the dust plug directs water passing along the side frame member towards the sill through a drain channel (the channel formed between the exterior surfaces of elements #304 and #302) aligned with a side frame member axis of the side frame member (the drain channel is depicted in figure 5a as extending vertically, which is aligned with the vertical axis of the member #14) when the panel is in the closed configuration (see figure 6), the drain channel located between the interior weatherstrip member and the support member (see figure 3).
Regarding claim 25, Kling discloses the dust plug comprises an intermediate weatherstrip member (#304) attached to the base (see figure 5A), the intermediate weatherstrip member located between the exterior weatherstrip member and the interior weatherstrip member (see figure 5A), and wherein the intermediate weatherstrip member contacts the first edge of the panel when the panel is in the closed configuration (see figure 6 and col. 3, ll. 55-57).
Claim Rejections - 35 USC § 102/103
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) 14 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Kling or, in the alternative, under 35 U.S.C. 103 as obvious over Kling in view of Rissone (U.S. Publication 2010/0058670).
Regarding claim 14, Kling discloses the base of the dust plug is adhesively attached to the side frame member (though Kling teaches the use of a tail #308 to attach the base to the side frame member to allow for sliding of the base along the frame member, col. 1, ll. 22-28 disclose that adhesive was the typical, prior art method of attaching such dust plugs to the corners of a door frame and thus anticipates such limitations).
Kling is considered to anticipate the use of adhesive to attach such a dust plug to the side frame member since Kling teaches the tail feature is used in place of the prior method of adhesive of attaching such dust plugs in place and thus teach such features as defined. However, if the Examiner is considered to over broadly interpret Kling as anticipating such limitations, col. 1, ll. 22-46 of Kling disclose that adhesive has been used in the past but comes with the downside of not being easily removable as when a tail is used as depicted in the figures. Though Kling teaches use of a tail connection to overcome the deficiencies of an adhesive connection, one of ordinary skill in the art would understand the drawbacks between the use of either connection method and chose either connection method based on the needs of the end user. Furthermore, Rissone teaches the obviousness of using both a tail #10/12 and adhesive #24 connection together on a single dust cover #20 to attach the element to a frame member. See figures 2a and 2b. Therefore, it would have been obvious before the effective filing date of the claimed invention to have used adhesive in place of the tail connection or in combination with the tail connection, as taught in Rissone, in order to provide a strong connection between the dust plug and the frame member when repositioning or removal is not required and also since the simple substitution of one connection for another would have yielded the same predictable result of attaching the dust plug to the frame member as needed. KSR Int’l Co. V. Teleflex Inc., 550 U.S. 398 (2007).
Claim Rejections - 35 USC § 103
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kling in view of Braun (U.S. Publication 2007/0227076).
Regarding claim 3, Kling discloses the claimed invention except for a sweep attached to the bottom edge as defined. However, it is highly well known in the art, as evidenced by Braun, that fenestration units can comprise of a door panel #310 with a sweep #322 attached at a bottom end thereof, where the sweep extends between the first and second longitudinal ends of the panel and is configured to contact a dust plug #326 positioned in a panel sill gap between the door and a sill #320. See figures 3, 4, and 5B. Therefore, it would have been obvious before the effective filing date of the claimed invention to have provided a sweep upon the door panel of Kling which extends between longitudinal ends of the panel and is configured to contact the dust plug, as taught in Braun, in order to further prevent dust and other debris from entering through the fenestration opening when the door is closed.
Allowable Subject Matter
Claim 13 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.
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