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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
“2c”
“12c”
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
the bridge per claims 25 and 28; and
the construction profile lacks a metallic side profile attached to the exterior per claim 17;
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The drawings as presented lack a large portion of reference characters that would clarify the invention.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 19 and 28 are objected to because of the following informalities:
Claim 19, line 2, “aluminium” appears it should read –aluminum--.
Claim 28, line 1, the recitation “A window or door according to claim 26” appears it should read –A window or door frame according to claim 26--.
Regarding claim 28, lines 3-4, “comprising a section engaging…the first and second sections” appears it should read --“comprising a second section engaging…the first and second sections”
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.
Claims 16-25 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.
Regarding claim 16, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 16, line 13, the recitation “facing the interior, external of said polymeric core profile” renders the claim indefinite because it is unclear what the exact meaning of the recitation is. Is Applicant claiming that the metallic side profile is on the interior surface of the polymeric profile (i.e. the surface facing the inside of the room)?
Regarding claim 25, lines 2-3, the recitation “by the intermediate of a glass bridge” renders the claim indefinite because it is unclear what this means. Does this simply mean that the profiles are partially connected by a glass bridge?
Claims 17-25 are depending on claim 25 and are rejected herewith.
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 (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.
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) 16-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,581,852 to Jager.
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Regarding claim 16, Jager discloses a construction profile, in particular for a window or door frame, said profile comprising :a) a polymeric core profile (4); b) a metallic side profile (2) structurally attached (9/10) to the polymeric core profile such that the polymeric core profile and the metallic side profile behave as a single structural entity (2 and 4); said construction profile defining a room side that in use faces an interior of a building (Column 1, lines 49-52), and an exterior side that in use faces the outdoors (Column 1, lines 45-50), wherein said polymeric core profile comprises side walls defining a cavity divided in multiple inner rooms separated by inner walls extending in a longitudinal direction of the construction profile (profile 4); wherein said metallic side profile is provided on a side wall of the polymeric core profile facing the interior, external of said polymeric core profile (profile 2).
Regarding claim 17, wherein the construction profile lacks a metallic side profile structurally attached to the exterior side of the polymeric core profile (metallic profile is only on the inside, see figure).
Regarding claim 18, wherein said metallic side profile is a hollow profile defining at least one longitudinally extending inner room (profile 2, see Figure).
Regarding claim 19, wherein said metallic side profile is made of aluminum (teaches metallic profiles are usually aluminum, Column 1, line 19-21).
Regarding claim 20, comprising inner and outer transversal side edges (See Figure above) extending between the room side and the outer side of the construction profile (top surfaces and bottom surfaces if the profiles (2 and 4), wherein the inner transversal side edge defines a pane receiving zone (See Figure above) configured to receive a pane (14) when in use and the outer transversal side edge comprises protruding wall parts defining a groove (See Figure above) for receiving window or door hardware.
Regarding claim 21, wherein at least one of said protruding wall parts defining a groove for receiving window or door hardware is part of the metallic side profile (See Figure above).
Regarding claim 22, wherein at least part of the pane receiving zone is defined by the metallic side profile (See Figure above).
Regarding claim 23, wherein the metallic side profile defines a fixed rebate (See Figure above) of the construction profile.
Regarding claim 24, wherein the metallic side profile is attached to the polymeric core profile by dovetail connection (9, 10).
Claim(s) 16 and 18-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 2 450 517 A1 to Yilmaz.
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Regarding claim 16, a construction profile, in particular for a window or door frame, said profile comprising :a) a polymeric core profile (See Figure above); b) a metallic side profile (See Figure above) structurally attached to the polymeric core profile such that the polymeric core profile and the metallic side profile behave as a single structural entity (See Figure above); said construction profile defining a room side (Inside, See Figure above) that in use faces an interior of a building, and an exterior side that in use faces the outdoors (outside, see figure above), wherein said polymeric core profile comprises side walls (all walls of polymeric core) defining a cavity (hollow cavities within) divided in multiple inner rooms (multiple hollows within polymeric core) separated by inner walls extending in a longitudinal direction of the construction profile (See Figure above); wherein said metallic side profile is provided on a side wall of the polymeric core profile facing the interior, external of said polymeric core profile (See Figure above).
Regarding claim 18, wherein said metallic side profile is a hollow profile defining at least one longitudinally extending inner room (See Figure above).
Regarding claim 19, wherein said metallic side profile is made of aluminum (Abstract).
Regarding claim 20, comprising inner and outer transversal side edges (See Figure above) extending between the room side and the outer side of the construction profile, wherein the inner transversal side edge defines a pane receiving zone (See Figure above) configured to receive a pane when in use and the outer transversal side edge comprises protruding wall (See Figure above) parts defining a groove (See Figure above) for receiving window or door hardware.
Regarding claim 21, wherein at least one of said protruding wall parts defining a groove for receiving window or door hardware is part of the metallic side profile (See Figure above).
Regarding claim 22, wherein at least part of the pane receiving zone is defined by the metallic side profile (See Figure above).
Regarding claim 23, wherein the metallic side profile defines a fixed rebate (See Figure above) of the construction profile.
Regarding claim 24, wherein the metallic side profile is attached to the polymeric core profile by clips/dovetail connection/ mechanical fasteners (snap fit connections between the members).
Regarding claim 25, wherein the attachment of the metallic side profile to the polymeric core profile is at least partially achieved by the intermediate of a glass bridge (See Figure above).
Claim(s) 16, 18-21, 23, 24, 26, 29, and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2015 107 910 A1 to Weber (See translation).
Regarding claim 16, Weber discloses a construction profile, in particular for a window or door frame, said profile comprising :a) a polymeric core profile (120; Page 6, line 2-3); b) a metallic side profile (110, 130; Page 6, line 2) structurally attached to the polymeric core profile such that the polymeric core profile and the metallic side profile behave as a single structural entity (Fig.4); said construction profile defining a room side (right side, Page 3, line 33) that in use faces an interior of a building, and an exterior side that in use faces the outdoors (left side, Page 3, lines 32-33), wherein said polymeric core profile comprises side walls defining a cavity (120) divided in multiple inner rooms (left and right hollows within 120) separated by inner walls (vertical inner wall) extending in a longitudinal direction of the construction profile; wherein said metallic side profile is provided on a side wall of the polymeric core profile facing the interior, external of said polymeric core profile (130).
Regarding claim 18, wherein said metallic side profile is a hollow profile defining at least one longitudinally extending inner room (130).
Regarding claim 19, wherein said metallic side profile is made of aluminum (Page 6, line 2).
Regarding claim 20, comprising inner and outer transversal side edges extending between the room side and the outer side of the construction profile (tops and bottoms of 100, Fig.1), wherein the inner transversal side edge defines a pane receiving zone (top flat surface formed by 120 and 130, Fig.5) configured to receive a pane (150) when in use and the outer transversal side edge comprises protruding wall parts (bottom projections of 120 and 130, Fig.1) defining a groove (grooves on bottom of 120 and 130 formed by protruding wall) for receiving window or door hardware (capable of receiving hardware, specifically gaskets, etc.).
Regarding claim 21, wherein at least one of said protruding wall parts defining a groove for receiving window or door hardware is part of the metallic side profile (bottom grooves receives lower protruding wall of 120 which holds a gasket).
Regarding claim 23, wherein the metallic side profile defines a fixed rebate of the construction profile (top of 130 forms a fixed rebate).
Regarding claim 24, wherein the metallic side profile is attached to the polymeric core profile by clips/dovetail connection/mechanical fasteners (snap connections between 120 and 130).
Regarding claim 26, Weber discloses a window or door frame (Figure 5) comprising construction profiles as identified in claim 16 (See claim 16 above), wherein the polymeric core profiles of two adjacent construction profiles are welded together at their facing end surfaces (Page 1, lines 14-16; last 3 lines of page 1).
Regarding claim 29, said frame being a sash frame (100, Fig.1).
Regarding claim 30, said frame being a fixed frame (200, Fig.1; structure of 200 is relatively the same as 100 for purposes of the claim recitations).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 26 and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2 450 517 A1 to Yilmaz in view of DE 10 2015 107 910 A1 to Weber (See translation).
Regarding claim 26, Yilmaz discloses a window or door frame comprising construction profiles as identified in claim 16 (See claim 16 above), but does not disclose wherein the polymeric core profiles of two adjacent construction profiles are welded together at their facing end surfaces.
Weber discloses wherein the polymeric core profiles of two adjacent construction profiles are welded together at their facing end surfaces (Page 1, lines 14-16; last 3 lines of page 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have welded the end surface of adjacent polymeric profiles of Yilmaz as taught by Weber so to form a structurally sound window frame unit with sealed seams at the corners of the frames. Welding polymeric window profiles is notoriously well known in the art and does not yield unexpected results.
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Regarding claim 28, Yilmaz discloses a window or door according to claim 26 (See claim 26), comprising a glass bridge (See Figure above) comprising a first section (See Figure above) positioned between a glass pane and the polymeric core profile, said glass bridge comprising a section (See Figure above) engaging the metallic side profile and a lever (See Figure above) provided between the first and second sections of the glass bridge configured to transfer at least part of the force exerted by the glass pane on the first section of the glass bridge to the metallic side profile (See Figure above).
Regarding claim 29, said frame being a sash frame (Fig.3; frame is a part of a sash).
Regarding claim 30, said frame being a fixed frame (Fig.3; frame is capable of being fixed).
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2015 107 910 A1 to Weber (See translation) in view of DE 10 2022 206 444 A1 to Speiser et al.
Regarding claim 27, Weber discloses a window or door comprising a window or door frame as identified in claim 26 (See claim 26) and comprising a pane (150) installed in the window or door frame (Fig.5).
Weber does not disclose wherein said pane is positioned off-set the centre of the depth of the window or door frame towards the interior facing side of the window or door frame.
Speiser et al. disclose wherein said pane is positioned off-set the centre of the depth of the window or door frame towards the interior facing side of the window or door frame.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have off set the glass panel to the interior of the frame of Weber as taught by Speiser et al. so to provide thinner, cleaner frame look on the interior of the window thereby improving the aesthetics of the window assemblies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635