DETAILED ACTION
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 .
Acknowledgment is made of the amendment filed 2/26/26. Accordingly the application has been amended.
Claim Objections
Applicant is advised that should claim 1 be found allowable, claim 36 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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(s) 1,3,13-16,19-20,24,27,32,36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP1510631 in view of Rosenkranz (6427415).
Claims 1,24. EP1510631 discloses a roof window, wherein the roof window comprises a frame (3, figure 1) supporting a glass unit (2/5) comprising an first outer major surface for facing the interior of a building, and a second outer major surface for facing away from the interior of a building when the window is installed in an aperture of a building (as seen in the figures),
wherein the frame comprises a plurality of frame profiles (the walls of 3) having a longitudinal direction arranged to extend parallel to a side surface of the glass unit (as seen in the figures), and
where the frame profiles together defines a frame opening (as seen in the figures), wherein one or more of said frame profiles are hollow and comprises an interior frame profile space (where 3 is hollow and has a profile space) enclosed by exterior frame profile walls defining the exterior surface of the corresponding frame profile (as seen in at least figure 1),
wherein a frame reinforcement profile (as noted in the annotated figure below) is arranged in the interior frame profile space ,and wherein the frame reinforcement profile has a reinforcement profile length extending substantially parallel to the longitudinal direction of the frame profile (in the direction into the page, where figure 1 shows a cross-section),
wherein the reinforcement profile comprises a wall part (any part or all of the profile as seen in the annotated figure below, where the profile is a wall and comprised of wall parts) extending in a direction away from a first region located proximate a first plane comprising the first outer major surface of the glass unit (where it extends downward which is a direction away from a region proximate the first plane as seen in the annotated figure below), and moreover extends in the interior frame profile space (as seen in figure 1 where it is in the interior frame profile space) in a direction away from a second plane, so that the interior space is split into a first space part (any one of the space parts as noted in the annotated figure below) located at a first side of the reinforcement profile, and a second space part (any other of the space parts as noted in the annotated figure below) located at a second side of the reinforcement profile (as seen in the annotated figure below),
where the second plane is perpendicular to the first plane, extends parallel to the longitudinal direction of the frame profile comprising said reinforcement profile in the interior frame profile space, and touches a part of an exterior surface of a first exterior wall of the frame profile that faces and is proximate the frame opening below the first outer major surface, and
wherein the reinforcement profile wall part extends between
- (i) the first exterior frame profile wall or the exterior frame profile wall that faces an overlapping part of the glass unit and the first outer major surface, and
- (ii) another exterior frame profile wall comprising an exterior surface facing away from the frame opening or another exterior frame profile wall configured to face the interior of the building (where it extends between as seen in figure 1),
so that a controlled thermal bridge is formed between said exterior frame profile walls.
EP1510631 does not expressly disclose wherein the thermal conductivity coefficient-(k,)-of the material of the reinforcement profile is higher than the thermal conductivity coefficient-(k,)-of the material of the exterior frame walls.
Rosenkranz discloses a roof window having a hollow frame supporting a glass unit, where the plastic frame comprises a plurality of frame profiles defining an interior space and a metal frame reinforcement (27) arranged in the interior frame profile and wherein the thermal conductivity coefficient-(k,)-of the material of the reinforcement profile is higher than the thermal conductivity coefficient-(k,)-of the material of the exterior frame walls (where the reinforcement profile is sheet metal and the frame walls are plastic, which is a polymer; and as noted at least at col. 1, lines 30-27, 37-42; col. 2, lines 33-40, 59-61; col. 4, lines 16-21,37; col. 5 lines 55-57.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify EP1510631 to have the material of frame profile to be a polymer plastic and the reinforcement profile to be a metal thus the reinforcement profile having a thermal conductivity coefficient-(k,)- higher than the thermal conductivity coefficient-(k,)-of the plastic material of the exterior frame walls to achieve the predictable result of thermal bridging in the interior space of the frame member to prevent condensation and reinforcing the frame to prevent deformation and undesired moisture accumulation within the building.
Claim 3. A roof window according to claim 1, wherein the reinforcement profile wall part extends towards an opposing corner portion of the frame profile through the interior space (where it extends toward one corner from an opposing corner as seen in figure 1).
Claim 13. A roof window according to claim 1 wherein the frame reinforcement profile wall part extends into the interior space from a position at the first exterior wall (as seen in figure 1 where the top end of the reinforcement profile is at a first position at the first exterior wall), where said position is placed between a first proximate corner portion of the frame profile that is located proximate the first outer major surface of the glass unit, and a distal corner portion of the frame profile (where it extends to a distal corner as seen in figure 1) providing a transition from the first exterior wall to a second exterior wall of the frame profile (as seen in figure 1), and with a distance from said first proximate corner portion and said distal corner portion.
Claim 14. A roof window according to claim 1 wherein the thermal conductivity coefficient of the material of the reinforcement profile is at least 5 times larger than the thermal conductivity coefficient of the material of the exterior frame walls, and/or wherein the reinforcement profile comprises or is made from metal (where it is made of metal as taught by Rosenkranz as noted in the rejection of claim 1 above).
Claim 15. A roof window according to claim 1 wherein the reinforcement profile wall part extends with an angle from said first plane that is less than 75° (where at least a part of the reinforcement profile extends at an angle less than 75° as seen in figure 1 and noted in the annotated figure).
Claim 16. A roof window according to claim 1 wherein substantially the entire reinforcement profile wall part, is placed at the side of the first plane that faces away from the first outer major surface (as seen in figure 1).
Claim 19. A roof window according to claim 1 wherein a part of the interior cavity, and a part of the frame reinforcement profile extends from a position opposite to the first exterior major surface of the glass unit, and through an edge plane comprising said side surface of the glass unit (as seen in figure 1).
Claim 20. A roof window according to claim 1 wherein said interior space extends to a position opposite the side surface of the glass unit (as seen in figure 1), where the interior space is enclosed by a plurality of the exterior walls (as seen in figure 1).
Claim 27. A roof window according to claim 1 wherein the frame reinforcement profile abuts a first exterior wall, a component thereof or a corner (as seen in figures ) and/or wherein the frame reinforcement profile comprises a reinforcement profile edge that abuts another exterior frame profile wall or a component thereof (as seen in figures).
Claim 32. A building comprising one or more roof windows according to claim 1 installed in a roof structure of the building with said first outer major surface facing the interior of a building, (as seen in figure 1 and noted throughout the translation as attached).
Claim 36. EP1510631 discloses a roof window, wherein the roof window comprises a frame (3) supporting a glass unit (2,5) comprising an first outer major surface for facing the interior of a building, and a second outer major surface for facing away from the interior of a building when the window is installed in an aperture of a building (as seen in figure 1),
wherein the frame comprises a plurality of frame profiles (the walls of the frame 3 as seen in figure 1) having a longitudinal direction arranged to extend parallel to a side surface of the glass unit, and where the frame profiles together defines a frame opening (where the glass is placed), wherein one or more of said frame profiles are hollow (where 3 is hollow as seen in figure 1) and comprises an interior frame profile space enclosed by exterior frame profile walls defining the exterior surface of the corresponding frame profile (as seen in figure 1),
wherein a frame reinforcement profile (as noted in the annotated figure below) is arranged in the interior frame profile space, wherein the frame reinforcement profile has a reinforcement profile length extending substantially parallel to the longitudinal direction of the frame profile (as seen in figure 1 where it extends into the page where figure 1 shows a cross section), wherein the reinforcement profile comprises a wall part (any or all of the parts of the reinforcement profile) extending in a direction away from a first region located proximate a first plane (where it extends downward which is a direction away from a region proximate the first plane as seen in the annotated figure below) comprising the first outer major surface of the glass unit, and moreover extends in the interior frame profile space in a direction away from a second plane (as noted in the annotated figure below), so that the interior space is split into a first space part (any one of the space parts as noted in the annotated figure below) located at a first side of the reinforcement profile, and a second space part (any other of the space parts as noted in the annotated figure below) located at a second side of the reinforcement profile,
where the second plane is perpendicular to the first plane, extends parallel to the longitudinal direction of the frame profile comprising said reinforcement profile in the interior frame profile space, and touches a part of an exterior surface of a first exterior wall of the frame profile that faces and is proximate the frame opening below the first outer major surface (as noted in the annotated figure below),
wherein said wall part extends between
- (i) the first exterior frame profile wall or the exterior frame profile wall that faces an overlapping part of the glass unit and the first outer major surface, and
- (ii) another exterior frame profile wall comprising an exterior surface facing away from the frame opening or another exterior frame profile wall configured to face the interior of the building (where it extends between as seen in figure 1), so that a controlled thermal bridge is formed between said exterior frame profile walls.
EP1510631 does not expressly disclose wherein the thermal conductivity coefficient-(k,)-of the material of the reinforcement profile is higher than the thermal conductivity coefficient-(k,)-of the material of the exterior frame walls.
Rosenkranz discloses a roof window having a hollow frame supporting a glass unit, where the plastic frame comprises a plurality of frame profiles defining an interior space and a metal frame reinforcement (27) arranged in the interior frame profile and wherein the thermal conductivity coefficient-(k,)-of the material of the reinforcement profile is higher than the thermal conductivity coefficient-(k,)-of the material of the exterior frame walls (where the reinforcement profile is sheet metal and the frame walls are plastic, which is a polymer; and as noted at least at col. 1, lines 30-27, 37-42; col. 2, lines 33-40, 59-61; col. 4, lines 16-21,37; col. 5 lines 55-57.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify EP1510631 to have the material of frame profile to be a polymer plastic and the reinforcement profile to be a metal thus the reinforcement profile having a thermal conductivity coefficient-(k,)- higher than the thermal conductivity coefficient-(k,)-of the plastic material of the exterior frame walls to achieve the predictable result of thermal bridging in the interior space of the frame member to prevent condensation and reinforcing the frame to prevent deformation and undesired moisture accumulation within the building.
Claim 37. A building comprising one or more roof windows according to claim 36 installed in a roof structure of the building with said first outer major surface facing the interior of a building, such as at least when the frame is placed in a closed position (as seen in figure 1 and noted throughout the translation as attached).
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Claim(s) 21,22 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP1510631 in view of Rosenkranz (6427415) and further in view of Jentoft (4449340).
Claim 21. EP1510631 in view of Rosenkranz discloses the roof window according to claim 1 but do not expressly disclose wherein the roof window comprises a cover, wherein said cover comprises a covering material which is configured to be displaced to a covering position located opposite the first exterior major surface of the glass unit so as to reduce the amount of sunlight entering through the glass unit and into the building, and wherein a space is provided between the first exterior major surface and the covering material when the covering material is in a covering position.
Jentoft discloses a roof window having a cover (30) wherein said cover comprises a covering material which is configured to be displaced to a covering position located opposite the first exterior major surface of the glass unit (where it is located opposite the first exterior major surface of the glass unit as seen in figure 1) so as to reduce the amount of sunlight entering through the glass unit and into the building (where it is capable of the claimed intended use and function), and wherein a space is provided between the first exterior major surface and the covering material when the covering material is in a covering position (as seen in figure 1).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the roof window of EP1510631 to have a covering as taught by Jentoft to achieve the predictable result of allowing a user to control the lighting of the interior space and to provide privacy.
Claim 22. EP1510631 in view of Rosenkranz discloses a roof window according to claim 1 wherein a frame arrangement comprises said frame (3, as seen in figure 1), and wherein the frame arrangement moreover comprises a stationary frame (4) to which the frame (3) is movably connected (as noted in paragraph 0016 of the translation where it is shown in the closed position) but does not expressly disclose that it is movably connected by means of a hinge arrangement.
Jentoft discloses a roof window having a stationary frame (14) and a frame (20) movably connected to the stationary frame by a hinge arrangement (as seen in figure 2 and noted in the disclosure).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the roof window of EP1510631 in view of Rosenkranz to have the frame movable connected to a stationary frame by a hinge movement to achieve the predictable result of allowing a user to easily open the window to allow for airflow.
Response to Arguments
Applicant's arguments filed 2/26/26 have been fully considered but they are not persuasive.
In response to applicant's argument that neither Stempfhuber nor Rosenkranz recognize providing isotherms to cross in a controlled and geometrically constrained manner between defined exterior frame walls can form a controlled thermal bridge between selected exterior frame walls and heat can be redistributed away from a confined space thereby cooling the region between the blind and the glass unit, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Stempfhuber in view of Rosenkranz teach the claimed structure, as noted above, and therefore provide the controlled thermal bridge, even though the references may not recognize or seek to solve the specific problem. Applicant has not demonstrated how the claims provide structure and function that is distinct from the structure and resulting function of the prior art so as to distinguish over the prior art. Accordingly applicants arguments are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at 571.270.3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/ Primary Examiner, Art Unit 3635
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