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 .
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) 21-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2017/201587 to Claeys.
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Regarding claim 21, Claeys discloses a curtain wall comprising one or more mullions (2), formed by mullion profiles (2), one or more transoms (3), formed by transom profiles (3) and one or more panels (4), wherein the one or more mullions are installed vertically (Fig.1), wherein the one or more transoms are attached at right angles to the one or more mullions (Fig.1), wherein the one or more transoms and the one or more mullions define rectangular openings (Fig.1), wherein the one or more panels are placed in said openings to close these openings (Fig.1), wherein the panels are fitted with their side edges in rabbets (See Figure above) of the mullion profiles and of the transom profiles with the aid of seals (Fig.2 and 4), wherein the rabbets in the mullion profiles have a fixed indivisible width and the one or more panels are secured along the inside of the curtain wall in the mullion profiles by means of first glazing beads (See Figure above) that are made from a rigid material (aluminum; Page 5, lines 7-8) and are provided with seals (See Figure above) and are attached to the mullion profiles by means of first positioning aids (See Figure above), wherein the first positioning aids are attached to the mullion profiles (See Figure above), and wherein the first positioning aids and the first glazing beads are configured to position the first glazing beads together with the seals onto the mullion profiles through a rotational movement of the first glazing beads (the glazing beads are capable of being rotated into place; See Figure above, with or without the panel in place, the glazing bead can contain some rotational movement to install the bead), said rotational movement being guided by the first positioning aids (rotational movement is capable of being guided by the angles ends of the positioning aids).
Regarding claim 22, wherein said first positioning aids are arranged and adapted for converting a linear movement of said first glazing beads towards said mullion profiles to said rotational movement (the angled ends of the first positioning aids are capable of converting linear movement to rotational movement; also glazing bead can be installed while the positioning aid is rotated to lock into place).
Regarding claim 23, wherein said rotational movement occurs around a rotation axis parallel to the one or more mullions, from a direction at an angle to the plane of the one or more panels to a direction perpendicular to the plane of the one or more panels (if rotated, the glazing beads are capable of rotated to 90 degrees to the panel).
Regarding claim 24, wherein the first positioning aids and the mullion profiles are designed to snap the first positioning aids onto said mullion profiles (See Figure above).
Regarding claim 25, wherein the first glazing beads are made of aluminum (aluminum; Page 5, lines 7-8).
Regarding claim 26, wherein the first positioning aids are made of plastic (aluminum; Page 5, lines 7-8).
Regarding claim 27, wherein the first positioning aids and the mullion profiles are designed to snap the first positioning aids to the mullion profiles in a direction perpendicular to the plane of the one or more panels (Page 5, lines 13-17), wherein the first positioning aids and the first glazing beads are designed to snap the first glazing beads together with the seals onto the mullion profiles through a rotational movement, said rotational movement being guided by the first positioning aids (capable of rotating into position).
Regarding claim 28, wherein the first positioning aids are profiles that extend over only a portion of the length of the first glazing beads (Page 5, lines 22-24).
Regarding claim 29, wherein the first glazing beads are each secured to a mullion profile by at least two first positioning aids that are spaced apart (Page 5, lines 26-29).
Regarding claim 30, wherein the mullion profiles and the first glazing beads are arranged such that the first glazing beads rest against the mullion profile, with their side facing away from the panel in question (Page 6, lines 7-11).
Regarding claim 31, wherein the one or more panels are glass panels (Page 13, line 29).
Regarding claim 32, wherein the first glazing beads are fixed to mullion profiles only by means of first positioning aids (Page 32, claim 11).
Regarding claim 33, wherein the one or more panels (4) are fixed by means of second glazing beads (42, Fig.4) that are attached to a said transom profile by means of second positioning aids (43; Page 6, lines 13-15), wherein the second positioning aids and the one or more of said transom profiles are adapted to attach the second positioning aids to a said transom profile (Page 6, lines 15-18), wherein the second positioning aids and the second glazing beads are designed to position the second glazing beads together with the seals onto the transom profiles through a rotational movement, said rotational movement being guided by the second positioning aids (the beads 42 are capable of rotating within the rounded groove of 43, Fig.4).
Regarding claim 34, wherein said second positioning aids are arranged and adapted for converting a linear movement of said second glazing beads towards said transom profiles to said rotational movement (as beads 42 are translated downward toward transom, the bead cis capable of rotating via the rounded groove of 43).
Regarding claim 35, wherein said rotational movement occurs around a rotation axis parallel to the one or more transoms, from a direction at an angle to the plane of the one or more panels to a direction perpendicular to the plane of the one or more panels (Fig.4).
Regarding claim 36, wherein the second glazing beads are fixed to transom profiles only by means of second positioning aids (Claim 13).
Regarding claim 37, wherein the second positioning aids are profiles that extend over only a portion of the length of the second glazing beads and that the second glazing beads are each attached to a transom profile, by at least two second positioning aids that are spaced apart (Claim 14).
Regarding claim 38, wherein the transom profiles are Z-profiles (14, 16, 17) with a first vertical leg (16) directing upward and located on the inside of the transom profile and a second vertical leg (17) directing downward and located on the outside of the transom profile and a horizontal section (14) between the first and second leg.
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) 39 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2017/201587 to Claeys in view of Cardinal Series CCW725 Instructions (Cardinal).
Regarding claims 39 and 40, Claeys discloses a method for installing a seal (See Figure above) into a groove (groove which accepts the seal) of a first glazing bead of a curtain wall according to claim 1 (See claim 1 above), the method comprising the steps of:- in a workshop (Page 23, lines 8-11; Claeys teaches performing actions within a workshop), inserting the seal into the groove of the first glazing bead (seal 35).
Claeys does not specifically disclose cutting the inserted seal to a length that exceeds the length of the first glazing bead, thereby providing an excess seal that extends on both sides of the first glazing bead; - on a construction site, removing the excess seal by cutting the seal to the length of the first glazing bead.
Cardinal discloses cutting the seals of a curtain wall structure longer than structural members (Page 50, Figure 50.1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have cut the seals of Claeys having a length longer than the glazing beads of the curtain wall of Claeys as taught by Cardinal so to allow the gasket to be effectively trimmed and fitted upon installation of the components of the curtain wall and further to enable the seal to adapt due to temperature fluctuations. Allowing a user to trim the seal of a window structure being formed is a known process step and would not yield unexpected results. One would opt to provide too much length of seal and be able to trim the seal over providing too little length of seal and having gaps in the structure.
Response to Arguments
Applicant's arguments filed 19 February 2026 have been fully considered but they are not persuasive.
Applicant argues that Claeys does not disclose “wherein the first positioning aids and the first glazing beads together with the seals onto the mullion profiles through a rotational movement of the first glazing beads, said rotational movement being guided by the first positioning aids”. This is not found to be persuasive. The glazing beads are capable of being rotated into position and even though the movement will in fact include some translation movement the beads can be rotated into place and the angled surfaces of the positioning aids will enable and allow guiding of rotation. Applicant argues that the present invention does not work in the same way as the prior art of Claeys and that the prior art is commonly owned, but the present claims do not structurally differentiate from the prior art of record. The functionality of the present invention is not recited in a way which omits the prior art and the claims do not include structural limitations that differentiate from the prior art.
Applicant further provides arguments directed to the movement taught by the prior art and how the positional elements do not provide guided movement. These arguments are not persuasive since the arguments are directed to the glazing beads being inserted post installation of the panel, but the claims are directed to a final product and not the method of installation of the glazing beads. The prior art is capable of providing glazing beads rotated into position and when the glazing beads engage the angled surface are therefore guided. The remaining arguments are all directed to the rotational movement and the installation of the glazing beads, and it is reiterated that the prior art is capable of performing these movements, but the method of installation of the glazing beads is not required in the product claims and is not recited within the method claims. Therefore, advantages of rotation of the glazing beads is not an effective argument for novelty of the invention over the prior art of record.
The claims do not provide structural recitations which differentiate from the prior art of record nor do the claim provide structural limitations which detail what causes rotational movement or the guiding of the rotational movement.
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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/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635 RDK
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