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 .
The amendment filed on 27 February 2026 in response to the Non-Final Rejection mailed on 30 September 2025 has been considered. Claim(s) 1-7, 9-14, and 16-21 is/are pending. Claim(s) 8 and 15 has/have been canceled. Claim(s) 21 has/have been added. Claim(s) 1-7, 9-14, and 16-21 has/have been examined in this action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7, 9-13, 16-19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0372813 A1 to Vianello et al. in view of US 2018/0355657 A1 to Hervieux.
Regarding claim 1, Vianello et al. disclose a process for the construction and application of a rigid spacer frame (3) for insulating glass (2), comprising the steps of: a) preparing segments of the rigid spacer frame (Paragraphs [0049]-[0050]); b) applying a butyl sealant (6) at sides of said segments intended in use to be facing glass sheets, adapted to realize a primary sealant of the insulating glass; d) assembling said segments to form said rigid spacer frame by means of and at an apparatus for the construction and application of the rigid spacer frame (Fig.4, 7, 8), said apparatus comprising a movable support (300) adapted to be moved in a vertical direction between a lowered assembly start position (Fig.4), and a raised assembly end position (Fig.6), said movable support being arranged with references (308) for said segments; e) positioning the movable support at a height such as to allow positioning of said rigid spacer frame at a surface of a first glass sheet arranged on a support surface of said apparatus (Fig.10); and f) positioning said rigid spacer frame at the surface of said first glass sheet (Fig.10; spacer is moved to surface of glass sheet); and wherein said movable support comprises support elements (309) and movable pegs (313) adapted to be moved between a first position in which they the movable pegs do not allow a segment to slide from the support elements towards the support surface (clamps the spacer frame to the support) and a second position in which the movable pegs allow the segment to slide from the support elements towards the support surface (when 313 is pulled back, the spacer frame can slide toward the glass pane).
Vianello et al. discloses preparing segments but does not specifically disclose storing said segments at a warehouse.
Hervieux discloses storing segments (1) within a warehouse (30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided stored segments within a warehouse as taught by Hervieux to eliminate the need to form or cut the segments when needed, thereby speeding up the operation of forming a spacer frame since the frame segments are cut prior to the operation.
Regarding claim 2, Vianello et al. disclose wherein step a) of preparing the segments of the rigid spacer frame comprises preparing straight segments (Paragraph [0049] and [0050]) and angular segments (Paragraph [0049] and [0050]).
Regarding claim 3, Vianello et al. disclose wherein step a) of preparing the straight segments of the rigid spacer frame comprises a step of filling with a hygroscopic desiccant material (Paragraph [0051]) and closing ends by caps (Paragraph [0052]).
Regarding claim 4, Vianello et al. disclose wherein the segments have an extension straight, curved, or angular with an angle of about 90 degrees, and/or with an angle greater than or less than 90 degrees (Figure 1; Paragraph [0049] and [0050]).
Regarding claim 7, Vianello et al. disclose wherein before step d), the process comprises a step is included of lowering the movable support to a height such as to allow an operator to position the segments (support is lowered to horizontal position; Fig.4).
Regarding claim 9, Vianello et al. does not specifically disclose wherein step d) comprises a step in which of positioning a horizontal segment complete with angular segments at the ends thereof is positioned, coupling vertical segments, raising the movable support, coupling ends of the vertical segments with the angular segments and coupling the angular segments just coupled with a lower segment.
Vianello et al. disclose supports which can be adjusted while in the horizontal position (302, 302) and further discloses being able to raise the entire support, the supports able to be adjusted while raised also.
Vianello et al. do not disclose specifically adjusting the height of the movable supports in order to secure vertical segments of the spacer frame.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have adjusted the movable support and secure the segments together while in the vertical position so to enable a user to form the spacer frame while in the horizontal or the vertical position.
Regarding claim 10, Vianello et al. disclose wherein before said step f), the process comprises a step is included in which of positioning vertical references and lower references are positioned so as to define a determined secondary sealing depth (Paragraphs [0063] and [0064]).
Regarding claim 11, Vianello et al. disclose wherein the step of positioning the vertical references and the lower references is performed automatically by handling means connected to a control unit (Paragraph [0069]).
Regarding claim 12, Vianello et al. disclose wherein step f) is performed manually by at least one operator, and comprises a step of verifying by the at least one operator, correct positioning and correct dimensions of the rigid spacer frame, in relation to real dimensions of the glass sheet on which the rigid spacer frame is to be applied, correcting anomalies found by means of handling with remote manual control of the lower references, vertical references and of the movable support (Paragraph [0069]; Vianello discloses both manual operations and automated operations).
Regarding claim 13, Vianello et al. disclose an apparatus for the construction and application of a rigid spacer frame (3) for insulating glass (2), the apparatus comprising a movable support (300) adapted to be moved in a vertical direction between a lowered assembly start position (Fig.4), and a raised assembly end position (Fig.6), said movable support being arranged with references (308) for said segments of the rigid spacer frame; wherein said movable support comprises support elements (309) and movable pegs (313) adapted to be moved between a first position in which they the movable pegs do not allow a segment to slide from the support elements towards the support surface (clamps the spacer frame to the support)of the apparatus adapted to support a glass sheet and a second position in which the movable pegs allow the segment to slide from the support elements towards the support surface (when 313 is pulled back, the spacer frame can slide toward the glass pane).
Vianello et al. does not disclose wherein said apparatus further comprising a warehouse adapted for storage of spacer frame the segments on whose sides intended in use to be facing glass sheets a butyl sealant has been applied.
Hervieux discloses storing segments (1) within a warehouse (30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided stored segments within a warehouse as taught by Hervieux to eliminate the need to form or cut the segments when needed, thereby speeding up the operation of forming a spacer frame since the frame segments are cut prior to the operation.
Regarding claim 16, Vianello et al. disclose wherein said support elements (309) have a support position substantially perpendicular to said support surface (309 is perpendicular to the surface of 2 which is supported on 900, Fig.10).
Regarding claim 17, Vianello et al. disclose wherein the apparatus comprises a row of lower references (308 at bottom of Fig.5) for said rigid spacer frame, and lower pegs (313) which are movable between a first position in which they the lower pegs do not allow a sliding of the rigid spacer frame towards a support surface for said of the apparatus (clamp and secure spacer frame) adapted to support a glass sheet and a second position in which they the lower pegs allow the sliding of the rigid spacer frame towards the support surface (released 313 which allows spacer frame to be mounted to glass panes 2).
Regarding claim 18, wherein the apparatus comprises vertical references and lower references for said rigid spacer frame adapted to be positioned with respect to an outer edge of said a glass sheet arranged on said a support surface of the apparatus so as to define a determined secondary sealing depth (Paragraphs [0063] and [0064]).
Regarding claim 19, further comprising automatic handling means for said vertical references and/or lower references, said automatic handling means being operatively connected to a control unit adapted for interaction with an operator (Paragraph [0069]).
Regarding claim 21, Vianello et al. does not specifically disclose wherein step d) comprises a step in which of positioning a horizontal segment complete with angular segments at the ends thereof is positioned, coupling vertical segments, raising the movable support, coupling ends of the vertical segments with the angular segments and coupling the angular segments just coupled with a lower segment.
Vianello et al. disclose supports which can be adjusted while in the horizontal position (302, 302) and further discloses being able to raise the entire support, the supports able to be adjusted while raised also.
Vianello et al. do not disclose specifically adjusting the height of the movable supports in order to secure vertical segments of the spacer frame.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have adjusted the movable support and secure the segments together while in the vertical position so to enable a user to form the spacer frame while in the horizontal or the vertical position.
Claim(s) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0372813 A1 to Vianello et al. in view of US 2018/0355657 A1 to Hervieux in view of US 2010/0096069 A1 to Vianello et al.
Regarding claim 5, Vianello et al. do not disclose wherein step a) of the process comprises the application of applying an anti-adhesive protective film on at least one of the sides of the spacer segments, after these the segments have been sprinkled with butyl.
Vianello et al. ‘069 discloses the process comprises the application of applying an anti-adhesive protective film (5’) on at least one of the sides of the spacer segments, after these the segments have been sprinkled with adhesive (5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have supplied an anti-adhesion protective film to the adhesive as taught by Vianello et al. so to protect the adhesive and keep the adhesive as tacky as possible until the spacer was installed with the glass panes. Leaving the adhesive exposed will enable the adhesive to dry out and also to become damaged or covered in dirt.
Regarding claim 20, Vianello et al. disclose further comprising a machine for depositing butyl (6), but does not specifically disclose the machine comprising: a cutting device for custom cutting an exact length of a protective film to be applied based on a size of the spacer a segment being processed; a pair of opposed rollers adapted to position and adhere the protective film to the butyl; and at least one reel of the protective film.
Vianello et al. ‘069 discloses the process comprises the application of applying an anti-adhesive protective film (5’) on at least one of the sides of the spacer segments, after these the segments have been sprinkled with adhesive (5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have supplied an anti-adhesion protective film to the adhesive as taught by Vianello et al. so to protect the adhesive and keep the adhesive as tacky as possible until the spacer was installed with the glass panes. Leaving the adhesive exposed will enable the adhesive to dry out and also to become damaged or covered in dirt. It further would have been obvious to have provided a machine to install the protective film to eliminate a user from applying the film manually. Installing strips of films or tapes is well known to be carried out by machines with spools, rulers, and cutters.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0372813 A1 to Vianello et al. in view of US 2018/0355657 A1 to Hervieux in view of GB 2 295 415 A to Ring Donal.
Regarding claims 6 and 14, Vianello et al. in view of Hervieux do not specifically wherein step c) of depositing storing said segments at the warehouse occurs on a horizontal or vertical rack, arranged with separating pegs of non-stick material, said separating pegs being adapted to avoid contact and accidental adhesion between the segments.
Ring Donal discloses storing spacer frame segments on a rack wherein the rack has dividers which prevent the spacers from touching and further do not engage the surfaces onto which butyl would be applied (Fig.7 and 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the storage warehouse of Vianello in view of Hervieux with the storage racks taught by Ring Donal having non-stick surfaces so to effectively store and protect the spacer frames without accidently damaging the adhesive or allowing the spacer frames to stick together.
Response to Arguments
Applicant's arguments filed 12 January 2026 have been fully considered but they are not persuasive.
Applicant argues that the teachings of the end supports and the pneumatic pushers of Vianello are completely different functionalities than the moveable pegs of the present claims. Applicant argues that claim recite “once the movable pegs are in the second position, there is a sliding of the spacer frame over the support elements until the spacer frame reaches the glass pane”. This is not found to be persuasive. The claims actually recites movable pegs adapted to be moved between a first position and a second position. In the first position, the pegs do not allow a segment to slide from the support elements toward the support surface. In the second position, the pegs allow the segment to slide from the support elements toward the support surface. The movable pegs or pneumatic pushers of Vianello have a first position in which they engage the spacer frame and the frame cannot slide from the support elements toward the support surface and a second position in which the pegs disengage the spacer frame and enable the spacer frame to slide from the support elements toward the support surface. It appears that Applicant is reading language into the claims that is not presently within the claims. The claim simply requires a first position which disables sliding and a second position which enables sliding. Vianello meets these requirements.
The remaining arguments regarding the technical effect of the prior art versus the present invention has been considered, but the claims simply recite a first and second position, one position allowing sliding and the other position preventing sliding.
Therefore, the arguments are deemed unpersuasive.
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 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
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